Ordinance 377CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.377
AN ORDINANCE AMENDING CHAPTER 20,
CHANHASSEN CITY CODE,
ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 20, Article I, Section 20-1 of the City Code, City of Chanhassen, Minnesota,
is hereby repealed.
Section 2. Section 20-5 of the City Code, City of Chanhassen, Minnesota, is hereby amended to
read as follows:
Identification of arterial and collector streets.
For purposes of this chapter, the following are identified as arterial and collector streets:
Arterial Streets:
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County Road 14 (Pioneer Trail)
County Road 17 (Powers Boulevard)
County Road 17 (Audubon Road south of Lyman Boulevard)
County Road 18 (Lyman Boulevard, west of Trunk Highway 101)
County Road 19 (Galpin Boulevard south of T.H. 5)
Trunk Highway 5
Trunk Highway 7
Trunk Highway 41
Trunk Highway 101
Trunk Highway 169
Trunk Highway 212
Collector Streets:
Audubon Road (north of Lyman Boulevard)
Bluff Creek Drive
Century Boulevard (from West 78th St. to 82°d St.)
Coulter Boulevard
County Road 117 (Galpin Boulevard north of T.H. 5)
Dell Road (south of Trunk Highway 5)
Kerber Boulevard
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Lake Drive
Lake Drive East
Lake Drive West
Lake Lucy Road
Longacres Drive
Lyman Boulevard (east of Trunk Highway 101)
Market Boulevard
Minnewashta Parkway
Pleasant View Road
West 78th Street
Section 3. Section 20-26 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Enforcement generally.
The city manager or authorized representative shall conduct and supervise the enforcement of
this chapter with the assistance of the city attorney, building official, community development
director, Carver County Sheriff's Office and other designated staff. Enforcement actions to be
taken by the city staff shall be authorized by the city manager.
Section 4. Section 20-28 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Board of appeals and adjustments. .
(a) Board designation. The planning commission shall act as the board of appeals and
adjustments.
(b) Powers. Pursuant to Minnesota Statutes Section 462.357, subdivision 6, the board shall have
the following powers:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city administrative officer in the
enforcement of this chapter;
(2) To hear requests for variances from the literal provisions of this Chapter in instances
where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit and intent of
this Chapter.
(3) To grant permits or approvals for appeals authorized under Minn. Stat. Section
462.359.
Section 5. Section 20-29 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows: is
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• Board of appeals and adjustments variance and appeal procedures.
(a) Form; fee. Appeals and applications for variances shall be filed with the community
development director on prescribed forms. A fee, as established by the city council, shall be paid
upon the filing of an application. The board of appeals and adjustments may waive the
application fee in unusual circumstances.
(b) Hearing. Upon the filing of an appeal or application for variance, the community
development director shall set a time and place for a hearing before the board of appeals and
adjustments on such appeal or application, which hearing shall be held within forty-five (45)
days after the filing of said appeal or application. At the hearing the board shall hear such
persons as wish to be heard, either in person or by attorney or agent. Notice of such hearing
shall be mailed not less than ten (10) days before the date of hearing to the person who filed the
appeal or application for variance, and in the case of an application for variance, to each owner
of property situated wholly or partially within five hundred (500) feet of the property to which
the variance application relates. The names and addresses of such owners shall be determined by
the community development director from records provided by the applicant.
(c) Decisions of the board. The board shall be empowered to decide appeals and grant
variances, other than variances in conjunction with platting, site plan review, conditional use
permits and interim use permits, when the decision of the board is by an affirmative vote of 3/4
IS of the members present. A vote of less than 3/4 of the members present or any vote on a
variance in conjunction with platting, site plan review, conditional use permits and interim use
permits shall serve only as a recommendation to the city council, who shall then make the final
determination on the appeal or variance request within thirty (30) days after receipt of the board's
action. If the board recommends approval, it may also recommend appropriate conditions. The
board shall act upon all appeals and variance requests within fifteen (15) days after the date of
the close of the required hearing.
(d) Appeal from decisions of the board. A city council member, the applicant, or any aggrieved
person may appeal such decision to the city council by filing an appeal with the community
development director within four (4) days after the date of the board's decision.
(e) Council action. By majority vote, the city council may reverse, affirm or modify, wholly or
partly, the decision appealed from the board, and to that end the city council shall have all the
powers of the board, or the city council may approve or deny the variance request. The council
shall decide all appeals within thirty (30) days after the date of the required hearing thereon. In
granting any variance, the city council may attach conditions to ensure compliance with this
chapter and to protect adjacent property.
(f) Action without decision. If no decision is transmitted by the board to the city council within
sixty (60) days from the date an appeal or variance request is filed with the community
development director, the council may take action on the request, in accordance with the
procedures governing the board, without further awaiting the board's decision or
• recommendation.
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Section 6. Section 20-43 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
If a development is proposed adjacent to a lake or will affect the usage of the lake, the
community development director may require an expanded mailing list for sites fronting on
lakeshore where the development would be visible over a larger area. The applicant is
responsible for meeting with affected homeowners.
Section 7. Section 20-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Generally.
A variance from this chapter may be requested only by the owner of the property or the owner's
approved representative to which the variance would apply. A variance may not be granted
which would allow the use of property in a manner not permitted within the applicable zoning
district. A variance may, however, be granted for the temporary use of a single-family dwelling
as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure
substantial compliance with this chapter and to protect adjacent property.
Section 8. Section 20-58 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
General conditions for granting.
A variance may be granted by the board of appeals and adjustments or city council only if all of
the following criteria are met:
(1) That the literal enforcement of this chapter would cause undue hardship. For purposes of the
definition of undue hardship, reasonable use includes a use made by a majority of comparable
property within five hundred (500) feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed neighborhoods pre-existing
standards exist. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
(2) That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
(3) That the purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
(4) That the alleged difficulty or hardship is not a self-created hardship.
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(5) That the granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located. •
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• (6) That the proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or decrease visibility or site
distances, or increases the danger of fire, or endanger the public safety or substantially diminish
or impair property values within the neighborhood.
Section 9. Section 20-60 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Denial.
Variances may be denied by the board of appeals and adjustments and the city council, and such
denial shall constitute a finding and determination that the conditions required for approval do
not exist.
Section 10. Section 20-72 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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.
• Section 11. Section 20-72 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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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, or only land uses which are permitted by this ordinance shall
be allowed to be established. 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.
Section 12. Section 20-73 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot of record, excluding platted outlots, provided that it fronts on a public
street or approved private street and provided that the structure meets the minimum
requirements of this chapter.
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Section 13. Chapter 20, Article II, Division 5 of the City Code, City of Chanhassen, Minnesota,
is hereby amended in its entirety to read as follows: •
Section 20-91. Zoning Compliance Review.
(a) Zoning compliance review shall be required for the construction of structures which do not
require building permits to determine compliance with zoning requirements such as setback,
site coverage, structure height, etc.:
Agricultural Buildings.
Decks less than 30 inches above the ground and not attached to the principal structure.
Permanent fences less than six (6) feet in height.
One-story detached accessory structures, used as tool or storage sheds, playhouses, and
similar uses, less than 120 square feet in building area.
Sport courts.
(b) Any zoning compliance review application that fails to meet zoning ordinance requirements
shall be denied by the community development director.
Section 14. Section 20-108 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Exceptions.
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Notwithstanding the provisions of section 20-107, the following shall not require site or building
plan approval:
(1) Construction or alteration of a single -or two-family residential building or accessory
building on a lot zoned for residential use;
(2) Enlargement of a building by less than ten (10) percent of its gross floor area, provided that
there is no variance involved and also provided that the community development director has
conducted an administrative review pursuant to section 20-113 of this section;
(3) Changes in the leasable space of a multitenant building where the change does not intensify
the use or require additional parking beyond the capacity of the site;
(4) Construction of buildings for agricultural uses on land zoned and utilized for agricultural
purposes.
(5) Moving a residence or accessory building to any lot zoned A-2, PUD-R, RR, or RSF
provided that the lot and structure siting comply with all applicable zoning ordinance standards.
Section 15. Section 20-109 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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Applications.
Application for a site plan review shall be made to the city planner on forms provided by the city
and shall be filed thirty (30) days in advance of the planning commission meeting at which it is
to be considered. Incomplete or deficient applications shall not be scheduled for a meeting
unless the community development director has determined that official action is warranted. The
application shall also include:
(1) Evidence of ownership or an interest in the property;
(2) The application fee; and
(3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or
other design professional, to include the following:
(4) General:
a. Name of project.
b. Name, address, and telephone number of applicant, engineer, and owner of record.
c. Legal description (Certificate of survey will be required).
• d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
e. Vicinity map showing relationship of the proposed development to surrounding streets,
rights -of -way, easements and natural features.
f. Description of intended use of the site, buildings, and structures including type of
occupancy and estimated occupancy load.
g. Existing zoning and land use.
h. Tabulation box indicating:
1. Size of parcel in acres and square feet.
2. Gross floor area of each building.
3. Percent of site covered by building.
4. Percent of site covered by impervious surface.
5. Percent of site covered by parking area.
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6. Projected number of employees.
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7. Number of seats if intended use is a restaurant or place of assembly. •
8. Number of parking spaces required.
9. Number of parking spaces provided including handicapped.
10. Height of all buildings and structures and number of stories.
11. Breakdown of the building area allocated for specific uses, e.g., manufacturing,
office, retail, showroom, warehouse, etc.
(5) Site and building plan:
a. Property line dimensions, location of all existing and proposed structures with distance
from boundaries, distance between structures, building dimensions, and floor elevations.
b. Grading and drainage plans showing existing natural features (topography, wetlands,
vegetation, etc.), as well as proposed grade elevations and sedimentation and storm water
retention ponds. Plans shall include runoff and storage calculations for 10 year and 100 year
events. If storm water is proposed to be routed to existing storm water ponds, documentation
shall be provided to demonstrate that the downstream pond is sufficient to accommodate the
additional storm water.
c. All existing and proposed points of egress/ingress showing widths at property lines •
turning radii abutting rights -of -way with indicated centerline, width, paving width, existing
and proposed median cuts, and intersections of streets and driveways.
d. Vehicular circulation system showing location and dimension for all driveways, parking
spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if
necessary), public and private streets, alleys, sidewalks, bikepaths, direction of traffic flow,
and traffic -control devices.
e. Landscaping plan in accordance with the provisions of Article XXV.
f. Location, access and screening detail of trash enclosures.
g. Location and screening detail of rooftop equipment. Screening shall be provided from
the perspective of a point six feet high at all adjacent property lines or from a distance of 250
feet, whichever is greater.
h. Location and detail of signage including method of lighting, height, width, sign display
area, etc..
i. Lighting location, style, mounting and photometrics.
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j. Building elevations from all directions indicating materials and colors. Interior floor plans
• may be required.
k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants,
distance of hydrant to proposed building.
1. List of proposed hazardous materials, use and storage.
m. Proposed fire protection system.
n. Such other information as may be required by the city.
o. Photocomposite images, artistic renderings, or site elevations which depict the visual
impact of the proposed development's design, landscaping, street layout, signage, pedestrian
ways, lighting, buildings, or other details that affect land use within the city shall be
submitted. Such images and renderings shall be from key vantage points and provide an
undistorted perspective of the proposed development from abutting properties, less intensive
land uses, and/or from entryway locations. Photorealistic imaging or renderings are the
appropriate level of resolution.
(6) Within the HC districts, the application shall also include:
• a. Building elevations from all directions, indicating materials, colors and landscaping at
installation.
b. Building and site views from Highway 5, the appropriate access boulevard (north or south
of Highway 5), and any other appropriate arterial or collector roadways.
c. Site views showing the relationships of the proposed building or development to adjacent
development, including buffered areas.
d. Drawings of all significant or atypical site features, such as unusual landscaping,
manmade water features other than retention ponds, outdoor sculpture, or other large-scale
artwork and other uncommon constructs.
e. Sample building materials.
f. Sample paving materials, upon the city's request.
(7) Within the BCO district, the application shall also include:
a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing depicting
existing conditions and on a site plan depicting the proposed development pattern.
b. Calculations and/or drawings that identify the allowable density (number of units or
• building coverage) under this Code including lands lying in the Primary and Secondary Zone.
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Calculation of allowable density shall specifically exclude lands classified as bluffs, flood
plains and designated wetlands. Calculation of allowable impervious cover may include •
bluffs and flood plains but shall specifically exclude designated wetlands.
Section 16. Section 20-111 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Public hearing.
Upon receipt of a completed application, a date shall be set for review of the site plan before the
planning commission. The review will be held no less than ten (10) days after mailed notice is
sent to the owner of properties located wholly or partially within five hundred (500) feet of the
site, as reflected in the records of the county auditor. The community development director may
require an expanded mailing list for sites fronting on lakeshore where the development would be
visible over a larger area. Following the hearing or any continuance thereof, the planning
commission shall make a recommendation. The site plan shall be forwarded to the city council
with the planning commission's recommendation for review on the next available agenda. Final
approval of the site plan requires a simple majority vote of the city council.
Section 17. Section 20-113 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Administrative approvals.
Minor site plan and building alterations which do not involve a variance, which are consistent •
with the intent of the approval relative to all aspects of the site and building plans and which are
not accompanied by other matters requiring consideration by the planning commission or city
council, may be approved by the community development director. The director is not
authorized to approve the principal construction of new buildings or alterations to existing
buildings that would add more than ten (10) percent to the existing gross floor area. If any
application is processed administratively, the community development director shall render a
decision within thirty (30) days and shall serve a copy of the decision upon the applicant by mail.
Any person aggrieved by a decision of the community development director may appeal the
decision to the planning commission in the manner specified in section 20-109 of this division.
Section 18. Section 20-114 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Sec.20-114. Conditions.
The planning commission, city council or community development director may impose
conditions in granting approval to site and building plans to promote the intent of this division
and to protect adjacent properties.
Section 19. Section 20-116 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows: is
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eArchitectural standards.
(a) It is not the intent of the city to restrict design freedom unduly when reviewing project
architecture in connection with a site and building plan. However, it is in the best interest of the
city to promote high standards of architectural design and compatibility with surrounding
structures and neighborhoods. Architectural plans shall be prepared by an architect or other
qualified person acceptable to the community development director and shall show the
following:
(1) Elevations of all sides of the building;
(2) Type and color of exterior building materials;
(3) Atypical floor plan;
(4) Dimensions of all structures; and
(5) The location of trash containers and of heating, ventilation and air conditioning
equipment.
Section 20. Section 20-118 of the City Code, City of Chanhassen, Minnesota, is hereby
• repealed.
Section 21. Section 20-201 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Establishment of districts.
The city is divided into the following zoning districts:
Agricultural District
"A-2" Agricultural estate district.
Residential Districts
"RR" Rural residential district.
"RSF" Single-family residential district.
"R-4" Mixed low density residential district.
"R-8" Mixed medium density residential district.
• "R-12" High density residential district.
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"R-16" High density residential district.
"RLM" Low and medium density residential district.
Business District
"B-N" Neighborhood business district.
"BH" Highway and business services district.
"CBD" Central business district.
"BG" General business district.
"BF" Fringe business districts.
Institutional and Industrial District
"OI" Office and institutional district.
"IOP" Industrial office park district.
Special Districts •
"PUD" Planned unit development.
"FW" Floodway district.
"FF" Flood fringe district.
"GFP" General flood plain district.
"S" Shoreland district.
"HC-1" Highway 5 central business corridor district.
"HC-2" Highway 5 corridor district.
"BCO" Bluff Creek Overlay District.
Section 22. Section 20-203 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
District boundaries.
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Except where referenced on the zoning map, a street or alley line or other designated line by
• dimensions shown on the map, the district boundary lines of all districts except the flood fringe
and floodway district, shoreland management district and Bluff Creek overlay district shall
follow lot lines or the centerlines of streets or alleys. Where interpretation is needed as to the
exact location of the boundaries of any district, the board of appeals and adjustments shall make
the necessary interpretation.
Section 23. Section 20-232 (7) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare due to excessive production of
traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Section 24. Section 20-233 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Conditions imposable on permits.
(a) In reviewing applications for conditional use permits, the planning commission and the
council may attach reasonable conditions to mitigate anticipated adverse impacts
associated with these uses, to protect the value of other property within the district, and to
achieve the goals and objectives of the comprehensive plan. Such conditions may
is include, but are not limited to, the following:
Controlling the number, area, bulk, height and location of such uses.
Regulating ingress and egress to the property and the proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience, traffic flow and
control and access in case of fire or other catastrophe.
Regulating off-street parking and loading areas where required.
Utilities with reference to location availability and compatibility.
Berming, fencing, screening, landscaping or other facilities to protect nearby property.
Compatibility of appearance.
Section 25. Section 20-236 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Expiration.
If substantial construction has not taken place within one (1) year of the date on which the
. conditional use permit was granted, the permit is void except that, on application, the council,
after receiving recommendation from the planning commission, may extend the permit for such
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additional period as it deems appropriate. If the conditional use is discontinued for six (6)
months, the conditional use permit shall become void. 0
Section 26. Chapter 20, Article IV, Division 3 of the City Code, City of Chanhassen, Minnesota,
is hereby amended in its entirety to read as follows:
Section 20-251. Scope.
In addition to all other standards required by section 20-232, the standards in this division shall
apply to conditional uses if they are to be located in agricultural or residential districts.
Section 20-252. Bed and breakfast establishments.
The following applies to bed and breakfast establishments:
Two (2) off-street parking spaces plus one (1) additional space per rental room must be
provided.
There shall be no more than one (1) employee in addition to the residents.
Establishment must be owner occupied.
Not more than five (5) rooms may be rented. All rooms must be located in the principal
dwelling except that one (1) room may be located in a detached accessory structure. •
Section 20-253. Cemetery
The minimum lot size for a cemetery shall not be less than 1 Acre.
Headstone and markers shall be of natural stone.
Maximum height of a headstone shall not exceed three (3) feet in height above ground level,
two (2) feet six (6) inches in width and six (6) inches in thickness. An apron of at least
four inches in width shall be placed around said marker or monument at a depth so as to
assure no settling or movement of the marker or monument, which shall be made of
concrete, which apron shall also be level with the surface of the ground, and which shall
be affixed to the marker so as to prevent grass, weeds, or other vegetation from growing
between the marker and apron.
Installation of markers and monuments shall be provided adequate planking to protect turf
and shall remove materials, equipment and refuse immediately upon completion of
work.
Ground water testing shall be done to determine high water table and springs located on the
site
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Sufficient maintenance and perpetual care funds shall be in place.
Cemetery hours shall be from sunrise to sunset.
The site shall contain a minimum of 10 parking spaces
Access to the cemetery shall be by means of a collector or arterial roadway.
Mausoleums: maximum size/height 20 feet must maintain district setbacks.
Section 20-254. Churches.
(a) The following applies to churches located inside the Metropolitan Urban Services Area
(MUSA):
(1) The site shall be located on a collector or arterial roadway as identified in the
comprehensive plan or located so that access can be provided without conducting traffic
through residential concentration.
(2) The structure must be set back fifty (50) feet from all property lines.
. (3) Parking areas shall be set back twenty-five (25) feet from streets and nonresidential
property.
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(4) No more than seventy (70) percent of the site is to be covered with impervious surface
and the remainder is to be suitably landscaped in conformance with article XXV.
(b) In addition to the criteria in subsection (a), the following applies to churches located outside
the Metropolitan Urban Services Area:
The following must be provided for review:
Location of two (2) drainfield sites.
Two (2) soil borings on each drainfield site for a total of four (4) soil borings.
No percolation tests for drainfield sites where the land slope is between zero and
twelve (12) percent.
One (1) percolation test per drainfield site where the land slope is between thirteen
(13) and twenty-five (25) percent.
Areas where the land slope exceeds twenty-five (25) percent shall not be considered as a
potential soil treatment site.
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The sewage treatment system must be in conformance with chapter 19, article IV.
School and day care uses accessory to the church use are not permitted unless approved by •
the city council.
Section 20-255. Commercial kennels, stables and riding academies.
The following applies to commercial kennels, stables and riding academies:
The structure must be in compliance with chapter 5, article III.
The site must be located on a collector street.
The structure must be a minimum of two hundred (200) feet from wetland area.
Section 20-256. Day care centers.
The following applies to Day care centers:
(1) The site shall have loading and drop off points designed to avoid interfering with traffic
and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates visual and
noise impacts on adjoining residential areas. •
(3) Each center shall obtain all applicable state, county, and city licenses.
Section 20-257. Electrical substations.
Electrical substations are subject to the following conditions:
(1) The substation must be served by a collector or major arterial street as designated in the
comprehensive plan.
(2) The substation will not have sanitary facilities and will not be used for habitation.
(3) The substation will be located on at least five (5) acres of property.
(4) A six-foot high security fence shall surround the substation.
(5) A landscaping plan shall be submitted for city approval.
(6) Substations shall be a minimum of five hundred (500) feet from single-family residences.
Section 20-258. Golf Course
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• (1) Hours of operation shall be from sunrise to sunset.
(2) Soil must be tested to determine fertilizing requirements. If necessary, the
applicant/owner/lessee shall use slow release fertilizers applied at low rates or only as
needed, use natural organic fertilizers whenever possible. The use of fertilizers shall be
prohibited within the flood plain. Only Phosphorous free fertilizers shall be used.
(3) The applicant/owner/lessee shall apply pesticides only when needed. Use products that
are most effective, target specific, and present the least hazards to people, wildlife, and
the environment.
(4) The applicant/owner/lessee shall apply for and obtain permits from the appropriate
regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of
Health, Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of approval.
(5) Annual reports of fertilizer use shall be provided to the city.
(6) A clubhouse may be permitted on the site. The clubhouse must be shown on the site
plan and must comply with all building and zoning requirements.
(7) A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy
more than 20% of one floor. Retail sales are limited to food, beverages, and golf
related items.
(8) All maintenance and other equipment must be kept in a screened storage area.
(9) The golf course must be accessed from a collector or arterial roadway.
(10) The site design shall minimize golf ball hazards.
(11) Hours of maintenance operation shall be limited to sunrise to sunset.
(12) No outside speaker systems shall be allowed without approval from the city council.
(13) A water consumption and use study must be submitted to the city for review.
Section 20-259. Golf driving ranges.
The following applies to golf driving ranges with or without a miniature golf course:
(1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and
access must be from a collector or arterial which leads to TH 5 or TH 212.
1* (2) Hours of operation shall be from sunrise to sunset.
17
(3) Provision of adequate parking areas and submission of landscaping plan shall be in •
conformance with article VIII of the zoning ordinance.
(4) No site shall be located within five hundred (500) feet of a single-family residence.
(5) Buildings on the site may -not exceed eight hundred (800) square feet and shall be painted
in earth tones.
(6) A retail pro shop is permitted. Only prepackaged food may be sold with no commercial
cooking appliance allowed. A 3.2 malt liquor license is allowed provided the applicant
applies and receives approval of a liquor license in accordance with City Code. Retail
sales are limited to golf related items and the pro shop.
Section. 20-260. Group homes.
The following applies to group homes for seven (7) to sixteen (16) persons.
The structure must be in compliance with the state licensing requirement.
The structure must be in compliance with local building and fire codes.
The site will be reviewed annually through a public hearing process.
Septic systems must be in compliance with chapter 19, article IV.
Section 20-261. Hospitals and health care facilities services.
The following applies to hospitals and health care facilities services:
The site shall have direct access to collector or arterial streets, as defined in the
comprehensive plan.
Emergency vehicle access shall not be adjacent to or located across a street from any
residential use.
Section 20-261. Mineral Extraction
(1) Hours shall be lam to 6 pm Mon -Fri, 9-5 Sat; no hours of operation on Sundays or
holidays.
(2) A restoration plan shall be provided as part of the site plan review process.
(3) Storm water management plans shall be provided as part of the site plan review process.
Plans shall be submitted with site plan prior to council meeting.
Im
• (4) The site must be accessible via an arterial or collector roadway.
(5) Road restoration security deposit must be submitted to the city.
(6) Applicant shall submit a dust control plan.
Section 20-262. Model Home
This criterion applies only to dwelling units which are converted into office space on a
temporary basis, removed following occupancy, or leasing of 90% of the units or 3 years
after opening of development.
5 parking spaces shall be provided.
Lighting shall be provided to ensure safety.
The structure must be located within 150-feet of a paved road surface (ie. bituminous or
concrete roadway).
Section 20-263. Petting farms.
The following conditions will apply to petting farms:
• (1) The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
•
(2) The minimum lot size shall be five (5) acres.
(3) The site must also be used as a residence. Only three (3) full time equivalent non-resident
employees shall be employed on the site per five (5) acres.
(4) All structures and storage areas must be set back fifty (50) feet from public or private
rights -of -way, and three hundred (300) feet from an adjacent single-family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council may
require storage areas to be completely screened by one hundred (100) percent opaque
fencing or berming.
(5) Parking areas shall be screened from public or private rights -of -way and adjacent single-
family residences.
(6) Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
(7) No outdoor speaker systems shall be permitted without approval from the city council.
19
(8) Signage shall comply with Article XXVI of the Zoning Ordinance.
(9) Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall •
be limited to petting farm related items.
(10) Animals kept outside must have continual access to shelter to protect them from the
elements and must be in a confined area with fencing.
(11) A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
renewal application will be subject to all city ordinances including any new ordinances
enacted after the original approval.
Section 20-264. Private stables.
The following applies to private stables:
Stables shall comply with chapter 5, article III.
Stables must be located a minimum of two hundred (200) feet from wetland areas.
Section. 20-265. Recreational beach lots. •
Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple
parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of
lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots
may generate complaints if they are not maintained to the same standards as single-family
lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in
addition to such other conditions that may be prescribed in the permit:
(1) Recreational beach lots shall have at least two hundred (200) feet of lake frontage.
(2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer,
tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored
upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined
as, "a freestanding roofed structure which is open on all sides.
(3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles,
motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked
upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited. .
20
• (6) No recreational beach lot shall be used for purposes of overnight storage or overnight
mooring of more than three (3) motorized or nonmotorized watercraft per dock. If a
recreational beach lot is allowed more than one (1) dock, however, the allowed number of
boats may be clustered. Up to three (3) sailboat moorings shall also be allowed.
Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may
be stored overnight on any recreational beach lot if they are stored on racks specifically
designed for that purpose. No more than six (6) watercraft may be stored on a rack. The
number of racks shall not exceed the amount of storage necessary to permit one (1) rack
slip per lot served by the beach lot; however, in no case shall there be more than four (4)
racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time
other than overnight.
(7) The maximum number of docks on a recreational beach lot is three (3). No dock shall be
permitted on any recreational beach lot unless the beach meets the following conditions:
a. Shoreline of at least two hundred (200) feet per dock, and
b. Area of at least thirty thousand (30,000) square feet for the first dock and additional
twenty thousand (20,000) square feet for each additional dock.
(8) No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall
• exceed the greater of fifty (50) feet or the minimum straight-line distance necessary to
reach a water depth of four (4) feet. The width (but not the length) of the cross -bar of any
"T" or "L" shaped dock shall be included in the computation of length described in the
preceding sentence. The cross -bar of any such dock shall not measure in excess of
twenty-five (25) feet in length.
(9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner
of any two (2) abutting lakeshore sites may erect one (1) common dock within the dock
setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only
dock on the two (2) lakeshore sites and if the dock otherwise conforms with the
provisions of this chapter.
(10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at
least two hundred (200) feet of lake frontage. No more than one (1) sail boat mooring
shall be allowed for every two hundred (200) feet of lake frontage.
(11) For purposes of this paragraph, the following terms shall mean those beach lots which
are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban
Service Area boundary as depicted in the comprehensive plan.
a. Urban recreational beach lot: At least eighty (80) percent of the dwelling units,
which have appurtenant rights of access to any recreational beach lot, shall be
located within one thousand (1,000) feet of the recreational beach lot.
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b. Rural recreational beach lot: A maximum of fifty (50) dwelling units (including
riparian lots) shall be permitted appurtenant rights of access to the recreational •
beach lot. Upon extension of the Metropolitan Urban Service boundary into the
rural area, the urban recreational beach lot standards will apply.
(12) All recreational beach lots may be used for swimming beach purposes, but only if
swimming areas are clearly delineated with marker buoys which conform to the United
States Coast Guard standards.
(13) All recreational beach lots shall have a buffer sufficient to insulate other property
owners from beach lot activities. This buffer may consist of topography, streets,
vegetation, distance (width or depth), or other features or combinations of features
which provide a buffer. To insure appropriate buffering, the city may impose conditions
to insulate beach lot activities including, but not limited to:
a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed
recreational equipment or activities;
b. Hours of use;
c. Planting and maintenance of trees and shrubs;
d. Erection of fences;
e. Standards of maintenance including mowing and trimming; painting and upkeep of •
racks, docks and other equipment; disposal of trash and debris;
f. Increased width, depth or area requirements based upon the intensity of the use
proposed or the number of dwellings having rights of access.
(14) To the extent feasible, the city may impose such conditions even after approval of the
beach lot if the city finds it necessary.
(15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to
watercraft owned by the owner/occupant or renter/occupant of homes which have
appurtenant right of access to the recreational beach lot.
(16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be
indicated on a site plan approved by the city council.
(17) Portable chemical toilets may be allowed as a condition of approval of a recreational
beach lot. The maintenance and use of chemical toilets on some beach lots may be
unsuitable because they cannot be adequately screened from residential neighbors or
lake users. Any use of chemical toilets on recreation beach lots shall be subject to the
following:
•
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a. The minimum setback from the ordinary high water mark shall be seventy-five (75)
• feet. Side and front yard setbacks shall be maximized to achieve maximum
screening from adjacent lots and the lake.
b. It may only be used Memorial Day to Labor Day and shall be removed from the lot
during the rest of the year.
c. It shall be securely anchored to the ground to prevent tipping.
d. It shall be screened from the lake and residential property with landscaping.
e. It shall be serviced at least weekly.
f. Only models designed to minimize the potential for spilling may be used.
g. Receipt of an annual license from the city's planning department. The license shall
be issued unless the conditions of approval of this ordinance have been violated.
All license applications shall be accompanied by the following information:
1. Name, address, and phone number of applicants.
2. Site plan showing proposed location of chemical toilets.
• 3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of any
agreement for maintenance, and the name, address, and phone number of person
responsible for maintenance.
5. A written description of how the applicant intends to screen the portable chemical
toilet from all views into the property, including views from the lake.
(18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback
zone.
(19) Gazebos may be permitted on recreational beach lots subject to city council approval
and the following standards:
a. Minimum setback from the ordinary high water mark shall be seventy-five (75)
feet.
b. No gazebo shall be closer to any lot line than the minimum required yard setback
for the zoning district in which the structure is located.
c. Maximum size of the structure shall not exceed two hundred fifty (250) square feet.
23
d. Maximum height shall not exceed twenty (20) feet.
e. Gazebos shall make use of appropriate materials, colors, and architectural and •
landscape forms to create a unified, high -quality design concept for the lot which is
compatible with adjacent and neighboring structures.
f. Gazebos shall be properly maintained. Structures which are rotted, unsafe,
deteriorated or defaced shall be repainted, repaired, removed, or replaced by the
homeowners or beach lot association.
g. The following improvements are prohibited in gazebos; screening used to
completely enclose a wall, water and sewer service, fireplaces, and electricity.
Section 20-266. Sales trailers for residential developments.
Sales trailers are subject to the following conditions:
(1) Trailers are permitted only until a permanent dwelling unit is available to be used as the
sales office/model. At such time, the trailer shall be removed from the site.
(2) Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m.
(3) No outside speaker systems shall be allowed without approval from the city council.
4 Lighting shall be downcast with no flashing, blinking or skylights ermitted. •
() � g g� g p
(5) Trailers shall be skirted and landscaped. One (1) trailer shall be permitted per
development.
(6) Trailers shall comply with Minnesota State Building Code requirements.
(7) Off-street hard surface parking for three (3) to five (5) cars shall be provided.
(8) The engineering department shall approve any access from a city street.
Section 20-267. Wholesale and retail nurseries.
(1) Intent. It is the intent of this section to recognize that pre-existing retail nurseries and
garden centers are located within the city and may be in conflict with the comprehensive
plan and zoning ordinance. These establishments pre -date current ordinance standards.
To allow for planned and orderly development, the city finds it necessary to regulate the
expansion or intensification of these uses and to provide standards for any future retail
nursery or garden centers. It is the intent of this section to promote the health, safety,
general welfare, aesthetics, and image of the community by regulating the creation and
the expansion of existing retail nurseries and garden centers. The creation or expansion of
these uses will be allowed only by interim use permit by the city council. •
M
• (2) The following conditions will apply to wholesale and retail nurseries:
a. The site must be on a collector or minor arterial as identified in the comprehensive
plan.
b. The minimum lot size is five (5) acres.
c. All storage and yard areas as well as buildings must be set back fifty (50) feet from
public or private road rights -of -way, and three hundred (300) feet from an adjacent
single-family residence or a minimum of fifty (50) feet from a side lot line, whichever
is greater.
d. All outdoor storage areas must be buffered from adjacent properties. Buffering may
be accomplished using berms, fencing, landscaping, natural topography, or increased
setbacks. The city council may require storage areas to be completely screened by
one hundred (100) percent opaque fencing or berming.
e. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential
as identified in the comprehensive plan.
• f. Light sources shall be shielded.
g. No outside speaker systems shall be allowed without approval from the city council.
h. A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
renewal application will be subject to all city ordinances including any new
ordinances enacted after the original approval.
i. One (1) wall sign not to exceed ninety (90) square feet and one (1) monument sign
not exceeding twenty-four (24) square feet in size or eight (8) feet in height shall be
permitted on the premises. The council may further restrict the size and location of
signs if the use is located adjacent to property guided residential as identified in the
comprehensive plan.
Section 27. Chapter 20, Article IV, Division 4 of the City Code, City of Chanhassen, Minnesota,
is hereby amended in its entirety to read as follows:
STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL
DISTRICTS
• Section 20-281. Scope.
25
In addition to the standards required by section 20-232, the standards in this division shall apply
to the conditional uses if they, are located in a business, office, institutional or industrial district.
Section 20-282. Adaptive reuse of buildings for private business use.
Adaptive reuse of surplus or vacant public or private buildings for private business uses are
subject to the following criteria:
(1) Only non -retail business uses shall be permitted and all such uses shall be conducted only
within an existing building; no outdoor storage or other outdoor business activities shall
be permitted on the property except accessory parking and loading, and the use of the
premises for recreational activities for which such facilities are designed.
(2) Exterior alteration, except for approved signage, which indicates from the exterior that
the building is being utilized for other than educational purposes shall be prohibited.
(3) No noxious or offensive trades, services or activities shall be conducted within the
building nor shall anything be done on any site which may be or become an annoyance or
nuisance to the adjoining neighborhood by reason of unsightliness or excessive emission
of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise.
(4) Business identification signage shall be limited to one (1) business directory -type sign •
which identifies only the names of businesses located within the building.
(5) Off-street parking spaces and loading facilities shall be provided for each use in a manner
consistent with the minimum parking and loading requirements in this chapter for each
specific use. In no case shall any existing parking or loading area be enlarged unless
specifically approved by the issuance of a conditional use permit.
Section 20-283. Automotive Dealers
The following applies to truck, automobile or boat sales:
(1) No vehicles which are unlicensed or inoperative shall be stored on the premises.
(2) All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed
building except minor maintenance, including, but not limited to, tire inflation, adding oil
and wiper replacement.
(3) No outside storage or display is allowed, except vehicles for sale or rent.
(4) No outside speaker systems shall be allowed without approval from the city council.
(5) Parking setback shall be applicable for car or truck storage or waiting areas. is
26
1* (6) No test driving of vehicles on local residential streets is allowed.
(7) A landscaped buffer one hundred (100) feet from any residential zoning district.
(8) All vehicle dealers shall be licensed by the state.
Section 20-284. Automobile rental facilities.
(1) Intent. It is the intent of this section to limit automobile rental facilities to those that serve
the community and neighborhood, and are limited in scope and are ancillary to a primary
use.
(2) The following applies to automobile rental facilities as a conditional use in the BH,
Highway Business District with the following standards:
a. No unlicensed and inoperative vehicles shall be stored on the premises.
b. All maintenance of vehicles shall occur within an enclosed building.
c. No outside storage or display is allowed, except vehicles for rent.
. d. No outdoor speaker -system or outdoor telephones shall be allowed without approval
from the city council.
e. Parking setbacks shall be applicable for parking/storage areas.
f. Required customer and employee parking spaces shall not be used for rental vehicle
storage.
g. Vehicle sales are not permitted.
h. The number of rental vehicles shall not exceed fifteen (15).
i. Only automobiles owned by the rental agency shall be stored on the property.
j. Parking spaces allocated for rental vehicle storage shall be designated. One and two -
tenths (1.2) parking space shall be provided per rental vehicle.
k. No signs shall be attached to vehicles.
Section 20-285. Bed and breakfast establishments.
The following applies to bed and breakfast establishments:
27
(1) Two (2) off-street parking spaces plus one (1) additional space per rental room must be
provided. 0
(2) There shall be no more than one (1) employee in addition to the residents.
(3) Establishment must be owner -occupied.
(4) There shall be five (5) or less rooms for rent.
Section 20-286. Churches
(1) The applicant shall be issued a two year IUP permit, upon renewal of the permit the
applicant shall demonstrate adequate parking, life safety, and adequate occupancy.
Section 20-287. Commercial kennels and stables.
The following applies to commercial kennels and stables:
(1) No more than one (1) principal structure and two (2) accessory structures shall be
permitted in the rear or side yards. The accessory structures may not cover more than
forty (40) percent of the side or rear yard area. Wetlands shall be excluded from yard
calculations.
(2) The structure must be in compliance with chapter 5, articles II and IIl. •
(3) The site must be located on a collector street.
(4) The accessory structure must be a minimum of two hundred (200) feet from a wetland
area, fifty (50) feet from a public or private road right-of-way, and two hundred (200)
feet from an adjacent single-family residence or a minimum of fifty (50) feet from a
side or rear lot line, whichever is greater.
(5) No person shall maintain or operate any commercial kennel or stable without a permit
issued by the city as regulated by the City Code.
(6) A minimum lot size of one (1) acre is required to be licensed for operation of a
commercial kennel or stable.
(7) Every commercial kennel or stable shall be enclosed or fenced in such manner as to
prevent the running at large or escape of animals confined therein.
(8) Both commercial kennels and stables shall be open for inspection by the city authorities
at any time.
0
(9) It shall be unlawful for any person to own or keep three (3) or more dogs and/or cats over
• six (6) months of age on his/her premises in the city without obtaining a kennel permit
pursuant to this section and the City Code.
(10) Light sources shall be shielded.
(11) No outside speaker systems shall be allowed without approval from the city council.
(12) Compliance with all state and county regulations shall be required.
Section 20-288. Concrete Mixing Plant
(1) Storage of material shall be contained within screened storage yards. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
(2) Hours of operation shall be 7 a.m. - 6 p.m. Mon -Fri, 9 a.m. -5 p.m. Saturday, closed
holidays and Sundays.
(3) The site shall have access by means of a collector or arterial roadway.
(4) An environmental impact statement may be required by the planning commission or city
council regarding environmental performance standards and design criteria related to:
• (a) air pollution,
(b) fire and explosion hazards,
(c) radiation hazards,
(d) electromagnetic radiation and interference hazards,
(e) liquid, gas and solid wastes hazards,
(f) noise standards,
(g) vibration standards,
(h) water quality, and
(i) others as may be requested by the city.
•
Section 20-289. Contracting Yard
(1) Equipment and supply storage must be screened or enclosed. Screening shall comply
with Buffer Yard D and F4 Fencing as specified in this chapter.
(2) Vehicles/Equipment shall be stored within an enclosed or screened area.
(3) No unlicensed or inoperable vehicle/equipment shall be stored on premises.
(4) All chemicals shall be stored in proper storage facilities, specified by OSHA regulations.
(5) The contractor shall be Licensed, Bonded and Insured
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Section 20-290. Convenience store with gas pumps.
The following applies to convenience stores with gas pumps: •
(1) No unlicensed or inoperable vehicles shall be stored on premises.
(2) No repair, assembly or disassembly of vehicles.
(3) No outside speaker systems shall be allowed without approval from the city council.
(4) Gas pump stacking area deemed to be appropriate by the city shall not intrude into any
required setback area.
(5) No sales, storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles, or all -terrain vehicles shall be permitted.
(6) Facilities for the collection of waste oil must be provided.
(7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100)
feet of any parcel zoned or guided for residential use.
(8) A minimum separation of two hundred fifty (250) feet is required between the nearest gas
pumps on separate parcels. ID
Section 20-291. Day care centers.
The following applies to day care centers:
(1) The site shall have loading and drop-off points designed to avoid interfering with traffic
and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates visual and
noise impacts of adjoining residential areas.
(3) Each center shall obtain applicable state, county and city licenses.
(4) Day care facilities in the IOP district shall be subject to a maximum lot coverage of sixty-
five (65) percent.
(5) Day care facilities shall submit average annual test results for radon gas. Results shall be
submitted annually on the anniversary of the day of the issuance of the original
occupancy permit. Day care facilities shall comply with all applicable state and federal
requirements pertaining to testing and requiring mitigation techniques.
is
30
(6) Prior to issuance of a building permit, day care facilities shall conduct tests of existing
• noise conditions and submit test results to the city for review. In order for a building
permit to be issued, existing conditions shall comply with Minnesota Rule 7010.
Section 20-292. Drive -through bank facilities.
Drive -through bank facilities and stacking areas shall be subject to the following requirements:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be provided with a suitable visual screen from adjacent properties.
(3) Stacking for six (6) cars per aisle shall be provided within applicable parking lot
setbacks.
Section 20-293. Emission control testing stations.
Authorized to undertake emissions and/or safety monitoring required by the State of Minnesota
provided that:
(1) The operation is under contract agreement with the State of Minnesota to provide these
services;
. (2) No repairs are performed on the site;
•
(3) No gas or parts are sold on the site;
(4) No outdoor storage of vehicles or related materials;
(5) No diesel testing to be allowed at the site;
(6) State and federal air and noise standards shall be complied with. If problems are found to
exist, the property owner shall be required to pay for any testing deemed to be required
by the city to clarify the situation. An update on compliance shall be provided by the
applicant after six (6) months of operation.
(7) All vehicle stacking shall be provided on -site in designated lanes. Vehicle stacking in
fire lanes, parking areas and other drives shall be prohibited.
Section 20-294. Equipment Rental
(1) Equipment storage must be screened or enclosed. Screening shall comply with Buffer
Yard D and F4 Fencing as specified in this chapter.
(2) No outdoor loud speaker system shall be permitted.
31
(3) Equipment may be display during business hours only.
(4) Displays may not occupy required parking spaces. •
(5) Displays may be located in designated display areas approved by the city.
Section 20-295. Farmer's Market
(1) Trash receptacles and screened dumpsters must be provided. Large dumpsters must be
picked up the day following the close of the farmers market, a minimum of once per
week.
(2) The site shall be maintained and cleaned up on a nightly basis to eliminate debris or
rodent activity.
(3) The site must be accessible via a collector or an arterial roadway.
(4) Sales hours shall be between sunrise and sunset.
(5) A parking plan proportionate to the number of venders shall be submitted for city review
and approval.
(6) Restroom facilities shall be provided.
•
Section 20-296. Fast food restaurants.
The following applies to fast food restaurants:
(1) The site shall be located only on sites having direct access to minor arterial streets,
collectors or service roads.
(2) No outside speaker systems shall be allowed without approval from the city council.
(3) Stacking areas for drive -through windows shall conform to appropriate parking setbacks.
(4) Building shall be set back at least one hundred (100) feet and screened from any adjacent
property designated for residential use in the comprehensive plan.
Section 20-297. Food Processing
(1) The site must have access via a collector or arterial roadway.
(2) All loading docks must be screened with berming, landscaping, or other structures.
(3) Truck parking is permitted on -site only in designated truck parking areas, parking must
be screened. •
32
• (4) Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources associated with
the industry or source.
b. An engineering quality plan detailing best available control technologies and
appurtenances designed to eliminate or achieve the maximum reduction of odor
pollution from an emission point source inclusive of but not necessarily limited to
certain processes, procedures, or operating methods intended to mitigate or control
odor pollution.
c. A detailed explanation of the specifications and operating parameters of the best
available control technologies, monitoring instrumentation and equipment, and
processes and procedures intended for the mitigation or control of odor pollution.
d. A specification of the documentation that will be made available for the city's review
which will verify the data produced by the monitoring equipment, and which will
verify that processes and procedures are conducted consistent with the specifications
in the facility's odor control study and plan.
e. An approved schedule which states, in a time certain manner, the implementation and
• installation of the best available control technology, processes, procedures, operating
methods, and monitoring instrumentation designed to mitigate or control odors at the
facility inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to enter into the facility
or its property in order to investigate complaints and to verify the facility's adherence
to the compliance plan.
Section 20-298. Garden Center
(1) Storage of equipment and landscaping materials shall comply with a minimum F3 fence;
as specified in this chapter.
(2) A loud speaker system is prohibited.
(3) Blower, heating system for the nursery must be shielded or muffled from public view and
audibility.
(4) All chemicals must be stored/used as specified by OSHA regulations.
(5) Accessory displays may not occupy more than 20 percent of the site; this includes but is
not limited to plant material and gazebos.
• (6) Displays may not occupy required parking spaces.
33
Section 20-299. Home Improvement Trade •
All equipment and material shall be stored in a screened or enclosed area. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
A loud speaker system is prohibited.
A list of chemicals and pollutants used on site must be provided as part of the site plan
review.
All chemicals shall be stored/used as specified by Federal, State, and Local regulations.
Outdoor assembly and/or building construction are prohibited on site.
Section 20-300. Hotel
(1) The site must be accessed via a collector or an arterial roadway.
(2) The site shall have a covered entrance and a separated drop off area, which may not block
the drive isle.
Section 20-301. Lumber Yard
(1) Material and supply storage must be screened or enclosed. Screening shall comply with
Buffer Yard D and F4 Fencing as specified in this chapter.
(2) A loud speaker system is prohibited.
(3) The site must be accessible via a collector or arterial roadway.
(4) All waste material shall be disposed of by owner or lessee.
(5) Recycling of materials must be provided.
Section 20-302. Major Auto Repair & Body Shops
(1) No unlicensed or inoperable vehicles shall be stored on premises except in appropriately
designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within closed
building except minor maintenance including, but not limited to, tire inflation, adding oil
and wiper replacement.
(3) No public address system.
0
34
(4) No sales, storage or display of used automobiles or other vehicles such as motorcycles,
• snowmobiles, or all -terrain vehicles.
(5) Disposal of vehicle fluids shall comply with PCA regulations.
(6) Facilities for the collection of waste oil must be provided.
Section 20-303. Mineral Extraction
Hours shall be 7:00 a.m. to 6:00 p.m. Mon -Fri, 9 a.m. - 5 p.m. Sat; no hours of operation on
Sundays or holidays.
A restoration plan shall be provided as part of the site plan review process.
Storm water management plans shall be provided as part of the site plan review process.
Plans shall be submitted with site plan prior to council meeting.
The site must be accessible via an arterial or collector roadway.
The use of explosives shall comply with state and federal regulations. Property owners
within 1,000 feet of the site boundary shall be notified at least 48 hours prior to the use of
explosives.
• Road restoration security deposit must be submitted to the city.
•
Applicant shall submit a dust control plan.
Section 20-304. Motel
(1) Parking: shall be located in the interioribehind building.
(2) Access is limited by means of a collector or arterial roadway.
(3) Height of structure shall be limited two stories/30 feet.
Section 20-305. Motor Freight Terminal
(1) Access shall be limited to a collector or arterial roadway.
(2) Trailer storage shall be screened; screening shall comply with Buffer Yard D and F4
Fencing as specified in this chapter.
(3) Loading docks must be located away from or screened from public view.
(4) Sufficient parking shall be provided on site to prevent on -street parking of trucks.
35
(5) Trailer parking shall be provided on -site.
Section 20-306. Motor fuel and service stations. •
The following applies to motor fuel stations:
(1) No unlicensed or inoperable vehicles shall be stored on premises except in appropriately
designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within a closed
building except minor maintenance including, but not limited to, tire inflation, adding oil
and wiper replacement.
(3) No public address system shall be audible from any residential parcel.
(4) Stacking areas deemed to be appropriate by the city shall meet parking setback
requirements.
(5) No sales, storage or display of used automobiles or other vehicles such as motorcycles,
snowmobiles, or all -terrain vehicles shall be permitted.
(6) Disposal of waste oil shall comply with Minnesota Pollution Control Agency regulations.
Facilities for the collection of waste oil must be provided.
(7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred (100) •
feet of any parcel zoned or guided for residential use.
(8) A minimum separation of two -hundred fifty (250) feet is required between the nearest
gas pumps on separate parcels.
Section 20-307. Research Lab
(1) All chemicals and pollutants and waste must be stored, used and disposed of according to
OSHA and Hazmat regulations and standards.
(2) The building must be secure from persons other than laboratory personnel.
(3) No outdoor experiments that cause hazards or excessive noise or odors shall be permitted
on site.
Section 20-308. Screened outdoor storage.
The following applies to screened outdoor storage:
(1) All outdoor storage must be completely screened with one -hundred -percent opaque fence
or landscaped screen. •
36
• Section 20-309. Small Vehicle Sales
(1) No inoperable vehicles shall be stored on premises except in appropriately designed and
screened storage areas.
(2) Display during business hours only.
(3) Displays must be in designated display areas, may not occupy required parking spaces.
(4) All repair, assembly, disassembly and maintenance of vehicles shall occur within a
building.
(5) No outside speaker systems shall be allowed without approval from the city council.
(6) Disposal of vehicle fluids shall comply with PCA regulations. Facilities for the
collection of waste oil must be provided.
Section 20-310. Supermarket
(1) Delivery routes are limited to collector or arterial roadways and prohibited through
residential districts.
• (2) Loading docks must be screened from public view.
C�
(3) Waste compaction equipment shall be enclosed within a building or structure.
Section 20-311. Temporary Classroom Structures
All structures must be removed before or on permitted ending date.
Design Standards shall include skirting along the bottom of the structure.
Landscaping must be provided around structure.
Pedestrian access shall be provided including access in conjunction with the principle
structure.
Section 20-312. Temporary outdoor sales.
(1) Purpose. Temporary outdoor promotional and sales activities are subject to issuance of an
administrative permit and the requirements of this section. It is the intent of this section to
provide for temporary outdoor events and sales which are distinguished from permanent
outside business activities that are allowed only by conditional use permit or interim use
permit approved by the city council. It is the intent of this section to promote the health,
37
safety, general welfare, aesthetics, and image of the community by regulating temporary
outdoor sales activities in the following manner: 0
a. Establish standards which permit businesses an opportunity to conduct temporary
outdoor sales;
i. Ensure that temporary sales do not create safety hazards by occupying required
parking spaces, emergency access, or impede the efficient movement of
pedestrian and vehicular traffic;
b. Provide standards, guidelines, and procedures for an administrative review of
temporary sales permits;
c. Provide a means of allowing citywide retail promotions;
d. Allow certain uses which are seasonal in nature, while providing standards that will
assure compatibility with the underlying zoning district and adjacent property;
e. Provide the public with direct access to homegrown produce;
f. Allow temporary sales events which require an outdoor location; and
g. Limit temporary sales to activities which are short-term or seasonal and which do not
require permanent improvements to the site. .
(2) Findings. The city finds it necessary for the promotion and preservation of the public
health, safety, welfare and aesthetics of the community that the location, size, and
appearance of temporary sales events be controlled. Further, the city finds that:
a. Outdoor sales and displays have a direct impact on and a relationship to the image of
the community;
b. An opportunity for merchants to sell produce and seasonal merchandise are an
integral component of economic development;
c. Temporary outdoor sales events may present an obstacle to effective firefighting and
other emergency services by blocking necessary exits, fire lanes, or turnaround areas;
d. Uncontrolled and unlimited outdoor sales and displays adversely impact the image
and aesthetics of the community and, thereby, undermine economic value and
growth; and
e. Uncontrolled temporary sales events may conflict with existing and neighboring uses.
0
(3) Application for permit. No person shall engage in any temporary outdoor sales activity
• without a permit issued pursuant to this section. The application of a permit shall be
made as follows:
a. Application for an administrative permit for a temporary outdoor promotional or sales
activity shall be made by the property owner to the community development director
on forms to be provided by the city at least ten (10) business days prior to the date of
the requested event.
b. A written description of the proposed use including requested length of permit and
hours of operation shall be included on the application.
c. Disputes as to administrative application of the requirements of this section shall be
referred to the planning commission and to the city council for review.
d. The application shall be accompanied by a nonrefundable fee which shall be imposed
in accordance with the fee schedule established by the city council. The intent of this
section is to recover costs associated with administering this article. Permit fees shall
reflect the costs of reviewing and processing permits, as well as costs associated with
periodic enforcement activities and compliance checks.
(4) Required information and plans. The applicant shall provide the following information
• and plans:
a. A concise statement describing the proposed event, including the purpose, type of
merchandise involved, dates and times of operation, number of employees involved,
provisions for on -site security, provisions for on -site parking, name of person or
organization requesting permit, and other pertinent information required by the
planning director to fully evaluate the application;
r1
U
b. The community development director may require a copy of an approved site plan,
drawn to scale, for the property or an "as -built" survey, which accurately represents
existing conditions on the site, including entrances and exists, and bona fide parking
and driving areas, and which accurately indicates any proposed temporary structures,
including tents, stands, and signs;
c. An accurate floor plan of any building on the property, when, in the judgement of the
community development director, such a plan is necessary to properly evaluate the
location of the event and the effectiveness of building entrances and exits.
(5) Procedure. The application will be processed as follows:
a. The community development director shall review applications for administrative
permits and shall determine if the proposal is in compliance with all applicable codes,
ordinances, and the specific standards for temporary promotional and sales activities
39
as set forth in this section. The application shall also be reviewed by the public safety
department and/or other appropriate review agencies.
b. A written permit shall be issued to the applicant. Specific conditions to assure
compliance with applicable codes, ordinances, and the standards in this section shall
be attached to the permit.
c. Determination of noncompliance with applicable codes, ordinances, and the standards
in this subsection shall be communicated to the applicant and the application for the
permit shall be considered denied; unless, within ten (10) days of the date of such
notice, the applicant submits revised plans and/or information with which the
planning director is able to determine compliance.
(6) Criteria for approval. Criteria for permit approval includes the following:
a. The event or sales shall be clearly accessory to or promotive of the permitted or
conditional use approved for the site. Only merchandise which is normally sold or
stocked by the occupant(s) on the subject premises shall be sold and/or promoted,
provided that seasonal merchandise and produce may be allowed.
b. Tents, stands, and other similar temporary structures and temporary vehicles and
mobile equipment may be utilized, provided they are clearly identified on the
submitted plan and provided that it is determined by the community development
director that they will not impair the parking capacity, emergency access, or the safe •
and efficient movement of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off-street parking for the
proposed event can and will be provided for the duration of the event. Determination
of compliance with this requirement shall be made by the planning director, who shall
consider the nature of the event and the applicable parking requirements of the City
Code. Consideration shall be given to the parking needs and requirements of other
occupants in the case of multi -tenant buildings.
d. Property owners and tenants signature(s) are required to locate a temporary sales
event on private property and/or in front of another tenant's space.
e. The temporary sales event must be consistent with other uses permitted in the zoning
district. No use that is prohibited in a zoning district shall be allowed as a temporary
outdoor sale or activity.
(7) Limitations; general conditions.
a. Permitted temporary sales events are limited to the following:
i. Christmas tree sales.
•
E
ii. Seasonal produce stands.
iii. Temporary food and beverage sales.
iv. Sidewalk sales.
b. The following shall apply to all proposed temporary outdoor sales activities allowed
by this section in addition to other applicable building and safety code requirements
as determined by the planning director.
i. Christmas tree sales and produce stands shall be for the period specified in the
administrative permit and, in no case, shall exceed sixty (60) days per calendar
year per property or center. There shall be no more than three (3) sales activities
per year per property or center.
ii. Temporary food and beverage sales prepared on -site and sidewalk sales shall be
permitted for the period specified in the administrative permit and, in no case,
shall exceed fifteen (15) days per calendar year per property or center with a
maximum of a three-day display period.
iii. Christmas tree sales shall expire December 26.
• iv. The site shall be cleared and all remaining debris removed from the sales site on
the last remaining day of the permit.
0
V. Acceptable space for off-street parking and traffic circulation generated by the use
must be provided. Curb and gutter with drive approaches is desired to provide
safe turn movements.
vi. Lighting shall be compatible with surrounding adjacent uses.
vii. Hours of operation shall be compatible with adjacent uses.
viii. Signage should be limited to window signs, and one (1) outdoor sign no greater
than twenty-four (24) square feet. Special signage for purposes of traffic direction
and control may be authorized by the planning director.
ix. Front yard, side yard, and rear yard setbacks shall be a minimum of ten (10) feet.
X. All other pertinent city and state permit must be obtained.
xi. The approved permit shall be kept on the premises for the duration of the event.
xii. No outside speaker systems shall be allowed without approval from the city
council.
41
c. The following shall apply to all proposed temporary outdoor display activities
allowed by this section in addition to other applicable building and safety code •
requirements as determined by the planning director.
Display may not interfere with pedestrian access.
ii. Display may not occupy required parking spaces.
iii. Display must be located adjacent to primary structure.
iv. Display may not have separate lighting from primary structure.
V. Maximum display height shall be 5-6 feet.
vi. Erection of Display is permitted during business hours only
(8) Administration and enforcement.
a. The community development director may, upon written notice, suspend or revoke
the temporary sales permit of any person who violates any of the provisions of this
section or any of the conditions of the permit.
b. If, at any time, a permit under the provisions of this section is suspended or revoked,
it shall thereafter be unlawful for that person or organization to operate, open, •
maintain, manage or conduct any temporary sales.
c. Violation of an issued permit or the provisions of this section may be grounds for
denial of future permit applications during a calendar year.
Section 28. Chapter 20, Article IV of the City Code, City of Chanhassen, Minnesota, is hereby
amended by adding Division 5, which shall read as follows:
Interim Use Permits
Sec. 20-320. Purpose and intent.
The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or while the
permanent location is under construction, and
(2) To allow a use that is presently acceptable but that with anticipated development will not be
acceptable in the future.
Sec. 20-321. Application, public hearing, notice and procedure.
0
42
• The application, public hearing, public notice and procedure requirements for interim use permits
shall be the same as those for amendment as provided in article II, division 2, except that the
permit shall be issued after an affirmative vote of a majority of the entire council. Although
specific submissions required to complete an application for an interim use permit may vary with
the specific use and the district in which it is located, all applications for such permits must
include at minimum a site plan that clearly illustrates the following: proposed land use, building
and functions, circulation and parking areas, planting areas and treatment, sign locations and
type, lighting, the relationship of the proposed project to neighboring uses, environmental
impacts and demand for municipal services.
Sec. 20-322. General issuance standards.
The planning commission shall recommend an interim use permit and the council shall issue
interim permits only if it finds, based on the proposed location, that:
(1) The use meets the standards of a conditional use permit set forth in section 20-232 of the
City Code.
(2) The use conforms to the zoning regulations.
(3) The use is allowed as an interim use in the zoning district.
• (4) The date of event that will terminate the use can be identified with certainty.
(5) The use will not impose additional costs on the public if it is necessary for the public to take
the property in the future; and
(6) The user agrees to any conditions that the city council deems appropriate for permission of
the use.
Sec.20-323. Termination.
An interim use permit shall terminate on the happening of any of the following events,
whichever first occurs:
(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 which renders the use nonconforming.
Section 29. Section 20-326 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The purposed of the flood plain overlay district is to provide for the protection and preservation
• of water channels and those portions of the adjoining flood plains which are required to carry and
43
discharge a regional flood and are subject to inundation by regional floods. It is the intent of the
district to be applied to those areas which if left unrestricted could result in loss of life and •
property, health and safety hazards, disruption of commerce, utilities and governmental services,
extraordinary public expenditures for flood plain protection and relief and impairment of the tax
base. This district is created and applied in accordance with Minnesota Statutes chapters 103F
and 462.
Section 30. The heading for Chapter 20, Article V, Division 2 of the City Code, City of
Chanhassen, Minnesota, is hereby amended to read as follows:
General Flood Plain District (GFP)
Section 31. Section 20-346 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
This division applies to the General Flood Plain District (GFP).
Section 32. Section 20-367 (4) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Levees, dikes, and floodwalls shall not be constructed with the limits of the Floodway
District. Other structural works for flood control such as dams and channel enlargements that
will change the course, current or cross-section of a public water shall be subject to the
provisions of Minnesota Statutes chapter 103G. •
Section 33. Section 20-377.1 (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Nonresidential structures. Commercial, manufacturing and industrial structures shall ordinarily
be elevated on fill so that their first floor (including basement) is above the regulatory flood
protection elevation but may in special circumstances be flood -proofed in accordance with the
state building code. Structures that are not elevated to above the regulatory flood protection
elevation shall be flood -proofed to FP-1 or FP-2 classification as defined by the Minnesota State
Building Code as adopted. Structures flood -proofed to FP-3 or FP-4 classification shall not be
permitted.
Section 34. Chapter 20, Article V, Division 5 of the City Code, City of Chanhassen, Minnesota,
is hereby repealed.
Section 35. Section 20-401 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of
food and habitat for a variety of fish and wildlife, and are an integral part of the community's
natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to
provide a natural separation of land uses. It is the intent of this article to establish a policy of •
• sound stewardship through coordination of regulations that conserve, protect, enhance, and result
in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the
city to promote the restoration of degraded wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands. When this is not
feasible, mitigation must be provided to recreate the function and value of lost or altered
wetlands.
(c) This article is adopted in part to implement the Wetland Conservation Act of 1991, as
amended (M.S. 10317.612 et seq.), and the accompanying rules of the Minnesota Board of Water
and Soil Resources (Minn. Rules Chapter 8420, as amended).
(d) This article incorporates by reference the Act and the Rules. Terms used in this article which
are defined in the Act or the Rules have the meanings given there.
Section 36. Section 20-402 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The purpose of this article is to assure the general health, safety, and welfare of the residents
through preservation and conservation of wetlands and sound management of development by:
(1) Conducting an inventory and classification of all wetlands within the city and
maintenance of a comprehensive set of official city maps depicting the approximate
location and extent of wetlands.
(2) Establishment of wetland regulations that are coordinated with flood protection and
water quality programs under the Chanhassen Surface Water Management Plan.
(3) Requiring sound management practices that will protect, conserve, maintain, enhance,
and improve the present quality of wetlands within the community.
(4) Requiring measures designed to maintain and improve water quality in streams and
lakes.
(5) Protecting and enhancing the scenic value of wetlands.
(6) Restricting and controlling the harmful effects of land development on wetlands.
(7) Allowing only development that is planned to be compatible with wetland protection
and enhancement.
(8) Providing standards for the alteration of wetlands when alteration is allowed.
(9) Mitigating the impact of development adjacent to wetlands.
is
(10) Educating and informing the public about the numerous benefits and features of
wetlands and the impacts of urbanization. •
(11) Obtaining protective easements over or acquiring fee title to wetlands as appropriate.
Section 37. Section 20-403 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Generally. Wetlands shall be subject to the requirements established herein, as well as
restrictions and requirements established by other applicable city ordinances and regulations. The
Wetland Protection Regulations shall not be construed to allow anything otherwise prohibited in
the zoning district where the wetland area is located.
(b) Boundaries; maps. Wetland boundaries and wetland types, as established by officially
adopted city maps, shall be prima facie evidence of the location and type of wetland. The
official maps shall be developed and maintained by the planning department. If an applicant
questions whether a wetland exists or disputes its delineation, the applicant shall have the burden
to supply detailed information for reviews supporting the applicant's position. The applicant
shall provide appropriate technical information, including, but not limited to, topographical
survey and soil data deemed necessary for the city to determine the exact wetland boundary. The
community development director shall make a determination to maintain the officially
designated wetland boundary or if the boundaries need to be corrected on city plans and maps
based upon the data that is supplied. Data for wetland determination shall be certified by a
registered engineer, surveyor, or a qualified wetland consultant. The applicant may appeal the
community development director's determination of the wetland boundary and type to the city
council.
(c) Wetland types. This article establishes three (3) wetland types and one water body type:
(1) Wetlands, ag/urban.
(2) Wetlands, natural.
(3) Wetlands, pristine.
(4) Utilized.
Section 38. Section 20-404 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
To achieve no net loss of wetland, except as provided under section 20-416 of this article, or
authorized by a wetland alteration permit issued by the city, a person may not drain, grade,
excavate, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of
any size or type. Any alteration to a wetland; permitted by a wetland alteration permit must be
fully mitigated so that there is no net loss of wetlands.
M
Section 39. Section 20-405 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following standards apply to all lands within and abutting a wetland:
(1) Septic and soil absorption system must be a setback minimum of seventy-five (75) feet from
the ordinary high water mark of the wetland.
(2) The lowest ground floor elevation of a principal structure is three (3) feet above ordinary
high water mark of the wetland.
(3) Docks and boardwalks shall be elevated a minimum of six (6) inches above the ordinary high
water mark or six (6) inches above the ground level, whichever is greater. Docks shall only
extend from the edge of the wetland in to the lake in instances where a wetland surrounds or
abuts the lake.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of a
wetland alteration permit.
(5) The city's Best Management Practices Handbook shall be followed.
Section 40. Section 20-406 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
(a) For lots created after May 24, 2004, a buffer strip shall be maintained abutting all wetlands.
All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the
buffer strip unless otherwise approved by city council. Buffer strip vegetation shall be
established and maintained in accordance to the following requirements. If the buffer area is
disturbed, plant species shall be selected from wetland and upland plants to provide habitat for
various species of wildlife. Buffer strips shall be identified by permanent monumentation
acceptable to the city. In residential subdivisions, a monument is required for each lot. In other
situations, a monument is required for each three hundred (300) feet of wetland edge. The buffer
strips and structure setbacks shall meet the following standards:
•
Wetland Type
Pristine
Natural
Ag/Urban
Utilized
Principal and
100'
40' measured from
40' measured from
0'
Accessory
the outside edge
the outside edge
Structure Setback
of the buffer strip
of the buffer strip
Buffer Strip
35'--100'
20 --30'
16.5'--20'
0'
Buffer Strip
50'
20'
16.5'
0'
Minimum
Average Width
% of Native
Entire
Entire
Optional
Optional
Vegetation in
Buffer Strip
47
AG/URBAN WETLAND ILLUSTRATION
BUFFER EDGE
STREET y
31' WETLAND
HOME
SEMACK
60 /W FRCIrYARD' ( FR0M LAND
' BUFFER
30, >ECN ..'W.
' 10,
0' EAS ENT
I WETLAND ammn sTRIP
(AVERAGE 10' DEPTH)
I
The dimensions of the buffer strips may be adjusted by the city based upon the quality of the
wetland, local topographic conditions, and the type and design of development being proposed.
The table above provides minimum and maximum dimensions for the buffer strip. The use of a
meandering buffer strip to maintain a natural appearance is encouraged. Where roadways are •
constructed next to a wetland, the average buffer strip width for the adjacent wetland shall be
maintained. Structure setbacks are also described in the table. On single-family subdivisions in
the RSF district, the applicant must demonstrate that each lot provides sufficient area to
accommodate the applicable front yard setback, sixty -foot by sixty -foot building pad, and a
thirty-foot rear yard area. All of these elements must be provided outside of designated wetland
and buffer strip areas.
(b) For lots of record created between December 15, 1992 and May 24, 2004, the buffer strips
and structure setbacks shall meet the following standards:
Wetland Type
Pristine
Natural
Ag/Urban
Utilized
Principal and
100'
40' measured from
40' measured from
0'
Accessory
the outside edge
the outside edge
Structure Setback
of the buffer strip
of the buffer strip
Buffer Strip
20 `
10
or
0'
Buffer Strip
50'
20'
10'
0'
Minimum
Average Width
% of Native
Entire
Entire
Optional
Optional
Vegetation in
Buffer Strip
0
•
0
•
(c) For lots of record on December 14, 1992 within wetland areas and for lands abutting a
wetland area, the following minimum provisions are applicable unless alternative plans are
approved by the city as outlined in subparagraph (a) above:
Pristine Natural Ag/Urban Utilized
Setback Principal Structure 100' 75' 75' 0'
Section 41. Section 20-407 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a
wetland has complied with all of the following principles in descending order of priority:
(1) Avoids the direct or indirect impacts to the wetland that may destroy or diminish the
wetland;
(2) Minimizes the impact to the wetland by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) Rectifies the impact by repairing, rehabilitating, or restoring the affected wetland;
(4) Reduces or eliminates the impact to the wetland over time by preservation and
maintenance operations during the life of the activity; and
(5) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration
opportunities are not reasonably available, creating substitute wetland areas having equal
or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760.
Exceptions to this part are calcareous fens, which are subject to Minnesota Rules
8420.1010 — 8420.1070.
(b) A wetland alteration permit shall not be issued unless the proposed development complies
with §20-412, as well as the standards, intent, and purpose of this article.
(c) Sequencing flexibility.
(1) Sequencing flexibility cannot be implemented unless alternatives have been considered
and unless the proposed replacement wetland is certain to provide equal or greater
functions and public values as determined based on a functional assessment reviewed by
the technical evaluation panel using a methodology approved by the Minnesota Board of
Water and Soil Resources. The project sponsor must provide the necessary information
and the local government unit must document the application of sequencing flexibility in
the replacement plan approval.
(2) Flexibility in application of the sequencing steps may be applied, subject to the
conditions in item (1), as determined by the local government unit if: •
a. the wetland to be impacted has been degraded to the point where replacement of it
would result in a certain gain in function and public value;
b. preservation of a wetland would result in severe degradation of the wetland's ability
to function and provide public values, for example, because of surrounding land uses
and the wetland's ability to function and provide public values cannot reasonably be
maintained through other land use controls or mechanisms;
c. the only feasible and prudent upland site available for wetland replacement or
development has greater ecosystem function and public value than the wetland.
Although this is a rare circumstance since there will usually be several options for
siting the replacement wetland or development, it may be appropriate if the project
sponsor:
1) demonstrates impact minimization to the wetland;
2) agrees to perpetually preserve the designated upland site; and
3) completely replaces the impacted wetland's functions and public values; or
d. the wetland is a site where human health and safety is a factor. •
Section 42. Section 20-408 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) No person shall drain, excavate in the permanent of semi -permanent flooded areas of type 3,
4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without
first having a wetland replacement plan or other determination approved by the city.
Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise
altering or destroying a wetland of any size or type requires a wetland alteration permit.
Activity in a wetland requiring a wetland alteration permit includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the natural drainageways of water courses.
This shall only be allowed as part of a mitigation project, or to restore or improve the
function and value of the wetland.
(3) Installation of boardwalks.
(4) Discharge of stormwater runoff in a manner that impacts the wetland.
50
(b) The city must be notified at least five (5) business days prior to the use of any form of
Streatment of wetlands including chemically treating, burning, mowing or biologically treating
wetlands to control nuisance vegetation.
(1) At the time of notification, a person or company will be required to supply the following
information:
a. Location of pond.
b. Area of pond to be treated.
c. Name, address and telephone number of the party responsible for treatment.
d. Name, address and telephone number of person or persons performing the treatment.
e. Date of treatment.
f. A list of the type of treatments to be used at such time.
g. A statement indicating an understanding of the treatment being applied and its effect
on humans, plants and wildlife.
Section 43. Section 20-409 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
•
When a wetland alteration permit is issued allowing filling in a wetland, filling must be
consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland
Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the
wetland if a portion of the wetland remains unless exempted under section 20-416.
Section 44. Section 20-410 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Grading.
When a wetland alteration permit is issued allowing grading in a wetland, the following
standards shall be followed:
(1) The grading will not have a net adverse effect on the ecological and hydrological
characteristics of the wetland.
(2) It shall be located as to minimize the impact on vegetation.
(3) It shall not adversely change water flow.
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(4) The size of the graded area shall be limited to the minimum required for the proposed
action. •
(5) The disposal of any excess graded material is prohibited within the wetland area.
(6) The disposal of any excess graded material shall include proper erosion control and
nutrient retention measures.
(7) Grading in any wetland area is prohibited during waterfowl breeding season or fish
spawning season, unless it is determined by the city that the wetland is not used for
waterfowl breeding or fish spawning.
(8) Grading in wetland areas will be required to be mitigated in accordance with the
requirements of this article if the activity results in a loss of function and value of the
wetland.
Section 45. Chapter 20, Article VI, Section 20-411 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 46. Section 20-412 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Mitigation intent. Where wetland alteration is approved and mitigation is required pursuant
to city code and Minnesota Rule 8420.0540, mitigation must result in an improvement to the •
wetland function and value. Mitigation plans must address water quality, improvement, and
maintenance of preexisting hydrological balance and wildlife habitat. The wetland function
and value will include improvement of water quality, maintaining hydrological balance, and
provision of wildlife habitat. Mitigation will be performed at ratios required by Minnesota
Rule 8420.0546 to achieve replacement of the wetland function and value.
(b) Mitigation standards. Mitigation of wetlands for function and value should be restored,
created, and enhanced. The mitigation standards found in Minnesota Rule 8420.0550 shall
be followed.
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law.
(2) Replacement wetlands must replace the wetland function and value that are lost from a
wetland that is drained or filled. The wetland function and value will include, but is not
limited to, improvement of water quality, flood water and storm water retention, public
recreation and education, commercial uses, fish, wildlife and native plant habitat, and
low flow augmentation.
(3) Mitigation shall provide a buffer strip as set forth in this article.
is
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(4) Mitigation shall maintain or enhance the wetland function and values through the
following in ratios set forth in Minnesota Rules §8420.0541:
a. Restoration of completely or partially deteriorated wetlands.
b. Creation of new wetlands.
c. Upland buffer areas.
d. restoration of wetland vegetation.
e. Water quality treatment areas.
(5) Mitigation, through the buffer strip, shall provide landscaping for nesting and food for
wildlife habitat. The buffer strip landscape shall provide for wildlife cover and utilize a
diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage
wildlife diversity and provide visual variety.
(6) Wetland mitigation should be undertaken on -site. If this is not feasible, mitigation
should occur locally within the subwatershed. If this is not possible, mitigation should
occur outside the subwatershed, elsewhere in the city. If mitigation cannot be
accomplished on site, or if the city deems it necessary to perform mitigation off -site,
the applicant shall be responsible for purchasing wetland credits from the state wetland
bank.
(d) Construction management and long term wetland maintenance.
(1) The permit holder shall follow the city's best management practices to minimize direct
impacts due to erosion and construction practices and to safeguard wildlife habitat.
(2) The applicant shall submit an annual report to the City for replacement wetlands in
Chanhassen. The purpose of the annual report is to describe actual wetland restoration or
creation activities completed during the past year as well as activities planned for the
upcoming year. The annual report shall include all the information required of annual
monitoring reports by Minnesota Rule 8420.0620 subpart 2.
The applicant shall submit annual monitoring reports as required by Minnesota Rule
8420.0610. Submission shall continue for at least 5 years or until the replacement
wetland is deemed by the TEP to be fully functional. Where feasible, the city shall
require the permit holder to satisfy long term management requirements.
Section 47. Section 20-413 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) The applicant for a wetland alteration permit shall furnish the information required by the
• city including, but not limited to, a site plan, topographic data, hydrological data, habitat
53
evaluation procedures for the review of a wetland alteration permit application, and any other
information required by Minnesota Rule 8420.0530. The community development director
shall use discretion regarding the level and complexity of information required to review the
request. A wetland alteration permit shall not be issued without having been first reviewed by
the planning commission and approved by the city council following the review and hearing
procedures set forth for conditional use permits and the additional requirement of Minnesota
Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or
activity complies with the purposes, intent, and other provisions of this article. The council
may establish reasonable conditions which are specifically set forth in the permit to ensure
compliance with requirements contained in this article. Such conditions may, among other
matters, limit the size, kind, or character of the proposed work; require the construction of
other structures; require replacement of vegetation and wetland function and value; establish
required monitoring procedures and maintenance activity; stage the work over time; require
the alteration of the site design to ensure buffering; require the provision of a performance
security.
(b) The Chanhassen City Council shall appoint a person to serve on a technical evaluation panel.
The person must be a technical professional with expertise in water resources management.
Decisions under this ordinance must not be made until after receiving the determination of
the technical evaluation panel regarding wetland public values, location, size, and/or type if
the city council, the landowner, or a member of the technical evaluation panel asks for such
determinations. This requirement does not apply to wetlands for which such data is included
in an approved comprehensive wetland management plan per Minnesota Rules 8420.0240.
The city council may seek and consider recommendations, if any, made by the technical
evaluation panel in making replacement plan decisions.
(c) Decisions made under this article may be appealed to the board of water and soil resources
under Minnesota Rules 8420.0250, after administration appeal rights under the official
controls have been exhausted.
(d) The applicant for a wetland alteration permit is responsible for obtaining all other necessary
permits including but not limited to those required by watershed districts, Minnesota
Department of Natural Resources, Army Corps of Engineers, and Minnesota Pollution
Control Agency prior to the permitted work been commenced.
Section 48. Section 20-416 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Activities exempted by Minnesota Rules 8420.0122 shall be exempted from the provisions of
this article. However, certificates of exemption must be obtained from the city prior to starting
work.
A person conducting an activity in a wetland under an exemption in part 8420.0122 shall ensure
that:
(a) appropriate erosion control measures are taken to prevent sedimentation of the water; •
54
• (b) the activity does not block fish activity in a watercourse; and
(c) the activity is conducted in compliance with all other applicable federal, state, and local
requirements, including best management practices as listed in part 8420.0112, and water
resource protection requirements established under Minnesota Statutes, chapter 103H.
Section 49. Section 20-417 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Variances from the requirements of this article may be granted in accordance with the variance
provisions of this chapter as regulated by article II, division 3 of this chapter so long as the
variances do not violate the Wetland Conservation Act and rules adopted under the Act.
Section 50. Section 20-418 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Violation of article VI, wetland protection, or of the terns of a permits issued thereunder shall
be a misdemeanor.
Section 51. Section 20-476 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
. Statutory authorization. This article is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500
through 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes,
Chapter 462.
Section 52. Section 20-477 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters
as classified in section 20-479 of this article. Pursuant to Minnesota Regulations, parts
6120.2500 through 6120.3900, lakes, ponds, or flowage less than 10 acres in size are exempt
from this article. A body of water created by a private user where there was no previous
shoreland is exempt from this article.
(b) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use,
size, type and location of structures on lots; the installation and maintenance of water supply
and waste treatment systems, the grading and filling of any shoreland area; the cutting of
shoreland vegetation; and the subdivision of land shall be in full compliance with the terms
of this article and other applicable regulations.
(c) Enforcement. The community development director is responsible for the administration and
enforcement of this article. Any violation of the provisions of this article or failure to
• comply with any of its requirements (including violations of conditions and safeguards
55
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by law.
(d) Interpretation. In their interpretation and application, the provisions of this article shall be
held to be minimum requirements and shall be liberally construed in favor of the city and
shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(e) Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this article
imposes greater restrictions, the provisions of this article shall prevail. All other articles
inconsistent with this article are hereby repealed to the extent of the inconsistency only.
Section 53. Section 20-479 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Shoreland classification system. The public waters of Chanhassen have been classified
below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the
Protected Waters Inventory Map for Carver/Hennepin County, Minnesota.
(a) Shoreland area defined. The shoreland area for the waterbodies listed below shall be as
defined in section 1-2 and as shown on the official zoning map.
(c) Lakes.
(1) Natural Environmental Lakes:
Inventory I.D. Number
Harrison
10-8W
Rice Lake
27-132P
Rice Marsh Lake
10-1P
St. Joe
10-11P
Silver
27-136P
(2) Recreational Development Lake
Ann
Christmas
Hazeltine
Lotus
Lucy
Minnewashta
Riley
Susan
Virginia
Inventory I.D. Number
10-12P
27-137P
10-14P
10-6P
10-7P
10-9P
10-2P
10-13P
10-15P
Ordinary High Water
945.2
699.2
877.0
945.2
898.1
Ordinary Hiah Water
955.5
932.77
916.8
896.3
956.1
944.5
865.3
881.8
929.8
•
•
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(d) Rivers and streams.
(1) Agricultural:
Minnesota River --From west city boundary to east city boundary.
(2) Tributary streams:
Bluff Creek --From Basin 10-209W to Basin 27-132P (Rice Lake).
Riley Creek from Lake Ann (10-12P) to Lake Susan (10-13P).
Riley Creek from Lake Susan (10-13P) to Rice Marsh Lake (10-1P).
Lake Minnewashta (10-9P) to Lake Virginia (10-15P).
Basin 10-212 W to Lotus Lake (10-6P).
Purgatory Creek --From Lotus Lake (10-6P) to east city boundary.
Assumption Creek — From west city boundary to Minnesota River.
All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for
Carver County, a copy of which is hereby adopted by reference, that are not given a
classification herein shall be considered "tributary" streams.
Section 54. Section 20-480 (a) (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(3) River/stream lot width standards. There is no minimum lot size requirements for rivers
and streams, except those specified in the underlying zoning district. The lot width
standards for single, duplex, triplex and quad residential developments for the six (6)
river/stream classifications are as follows:
Agricultural
Tributary
Tributary
No Sewer
Sewer
Single
150
100
90
Duplex
225
150
115
Triplex
300
200
150
Quad
375
250
190
• Section 55. Sections 20-481 (a) and (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
57
(a) Placement ofstructures on lots. When more than one (1) setback applies to a site, structures •
and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment
systems shall be setback (in feet) from the ordinary high water level as follows:
Classes of Public
Waters
Structures Unsewered
Structures Sewered
Sewage Treatment
System
Lakes
Natural environment
150
150
150
Recreational
Development
100
75
75
Rivers/Streams
Agricultural and
tributary
100
50
75
One (1) water -oriented accessory structure designed in accordance with section 20-482(e)(2)(b)
of this article may be setback a minimum distance of ten (10) feet from the ordinary high water
level for lakes.
(b) Structure setbacks. The following structure setbacks apply, regardless of the classification of
the waterbody.
Setback From:
Setback (in feet)
(1) Top of Bluff
30
(2) Unplatted cemetery
50
(3) Right-of-way line of federal, state, or
county highway
50
(4) Right-of-way line of town road, public
streets, or other roads or streets not classified
20
Section 56. Section 20-481 (e) (1) b. of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
For rivers and streams, by placing the lowest floor at least three (3) feet above the flood of
record, if data are available. If data are not available, by placing the lowest floor at least three
(3) feet above the ordinary high water level, or by conducting a technical evaluation to determine
effects of proposed construction upon flood stages and flood flaws and to establish a flood
protection elevation. Under all three (3) approaches, technical evaluations shall be done by a
qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200
governing the management of flood plain areas. If more than one (1) approach is used, the
highest flood protection elevation determined shall be used for placing structures and other
facilities; and
Section 57. Section 20-481 (e) (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
is
0
Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore
areas. Stairways and lifts shall meet the following design requirements:
a. Stairways and lifts shall not exceed four (4) feet in width on residential lots. Wider
stairways may be used for commercial properties, public open -space recreational
properties, and planned unit developments;
b. Landings for stairways and lifts on residential lots shall not exceed thirty-two (32)
square feet in area. Landings larger than thirty-two (32) square feet may be used for
commercial properties, public open -space, and recreational properties;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings may be either constructed above the ground on posts or
pilings, or placed into the ground, provided they are designed and built in a manner
that ensures control of soil erosion;
e. Stairways, lifts, and landings shall be located in the most visually inconspicuous
portions of lots, as viewed from the surface of the public water assuming summer,
leaf -on conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas, provided that the dimensional
and performance standards of this Section are met in addition to the requirements of
Minnesota Regulations, Chapter 1341.
Section 58. Section 20-482 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion
into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
prevent bank slumping, and protect fish and wildlife habitat. Vegetation shall include but not
be limited to grasses, forbs, shrubs, trees and vines.
(b) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment
systems and the construction of roads and parking areas regulated by section 20-484 of
this article are exempt from the following vegetation alteration standards:=
(2) Removal or alteration of vegetation is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on steep
slopes is not allowed. Intensive vegetation clearing for forest land conversion to
another use outside of these areas is allowable if permitted as part of a development
59
approved by the city council if an erosion control and sedimentation plan is
developed and approved by the soil and water conservation district in which the
property is located.
b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the
water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, beach and watercraft access areas,
and permitted water -oriented accessory structures or facilities, provided that:
1. The screening of structures, vehicles, or other facilities as viewed from the water,
assuming leaf -on conditions, is not substantially reduced;
2. Along rivers and streams, existing shading of water surfaces is preserved;
3. The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards; and
4. The clearing shall be limited to a strip thirty (30) percent of lot width or thirty
(30) feet, whichever is lesser, parallel to the shoreline and extending inward
within the shore and bluff impact zones.
c. In no case shall clear cutting be permitted.
Section 59. Section 20-483 of the City Code, City of Chanhassen, Minnesota, is hereby •
amended to read as follows:
Connections to public waters. Excavations where the intended purpose is connection to a public
water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this article and
Chapter 7, article III. Permission for excavations may be given only after the commissioner has
approved the proposed connection to public waters.
Section 60. Section 20-486 (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The Chanhassen City Council has by formal resolution notified the commissioner of its program
to identify nonconforming sewage treatment systems. Chanhassen will require upgrading or
replacement of any nonconforming system identified by this program within a reasonable period
of time that will not exceed three (3) years. Sewage systems installed according to all applicable
local shoreland management standards adopted under Minnesota Statutes, section 10317.221, in
effect at the time of installation may be considered as conforming unless they are determined to
be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal
methods, or systems with less soil treatment area separation above groundwater than required by
the Minnesota Pollution Control Agency's Chapter 7080 for design of onsite sewage treatment
systems, shall be considered nonconforming.
0
Section 61. Section 20-501 (9) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Use of traffic management and design techniques including the provision of transit and
pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads
and intersections may be required as appropriate. Where appropriate, the use of
transportation demand management strategies may be required within a project.
Section 62. Section 20-502 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Specific uses and performance standards for each PUD shall be delineated in a development
plan.
(1) Each PUD shall only be used for the use or uses for which the site is designated in the
comprehensive plan. Specific uses and performance standards for each PUD shall be
delineated in a PUD development plan.
(2) Where the site of a proposed PUD is designated for more than one (1) land use in the
comprehensive plan, the city may require that the PUD include all the land uses so
designated or such combination of the designated uses as the city council shall deem
appropriate to achieve the purposes of this article and the comprehensive plan.
Section 63. Section 20-503 (a) (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The property is located in a transitional area between different land use categories or on a
collector, minor or principal arterial as defined in the comprehensive plan.
Section 64. Sections 20-504 (b) and (c) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(b) Site plan review under article II, division 6 of this chapter shall be carried out for each non -
single family or duplex principal structure that is proposed.
(c) PUD plans shall be coordinated with and in compliance with provisions of articles V, VI,
and VII of this chapter.
Section 65. Section 20-505 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Density. An increase/transfer for density may be allowed at the sole discretion of the city
utilizing the following factors:
(1) Density within a PUD shall be calculated on net acreage located within the property lines
10 of the site in accordance with the land use plan.
61
(2) The area where the density is transferred must be within the project area and owned by •
the proponent.
(3) Density transfer in single-family detached area will be evaluated using the items listed in
section 20-506 or 20-508. Density transfer eligible for multiple -family areas are not
permitted to be applied to single-family areas.
(4) In no case shall the overall density of the development exceed the net density ranges
identified in the comprehensive plan except as specified in policies supporting the city's
affordable housing goals.
Section 66. Section 20-505 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The city may utilize incentives to encourage the construction of projects which are consistent
with the city's housing goals. Incentives may include modification of density and other
standards for developments providing low and moderate cost housing. Incentives may be
approved by the city contingent upon the developer and the city entering into an agreement
ensuring that the housing will be available to low and moderate income persons for a specific
period of time.
Section 67. Section 20-505 (i) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows: Is
Signs shall be restricted to those which are permitted in the sign plan approved by the city
and shall be regulated by permanent covenants or design standards established in the PUD
Development Contract.
Section 68. Section 20-505 0) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The requirements contained in articles XXIII, and XXV of this Chapter may be applied by the
city as it deems appropriate.
Section 69. Section 20-506 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Minimum lot size. The standard single-family residential PUD allows lot sizes down to a
minimum of eleven thousand (11,000) square feet (excluding identified wetland areas from lot
calculations). Average lot sizes for the entire PUD shall maintain a minimum area of fifteen
thousand square feet. The applicant must demonstrate that there are a mix of lot sizes and
proposed housing types consistent with the local terrain conditions, preservation of natural
features and open space and that lot sizes are consistent with average building footprints that will
be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to
accommodate a sixty -foot by sixty -foot building pad without intruding into any required setback Is
62
area or protective easement. Each home must also have a minimum rear yard thirty (30) feet
• deep.
s
Section 70. Section 20-506 (g) (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Boulevard plantings. Located in front yard areas shall require a mix of over -story trees and
other plantings consistent with the site. A minimum of one over -story tree must be provided
in each front yard. In place of mass grading for building pads and roads, stone or decorative
block retaining walls shall be employed as required to preserve mature trees and the site's
natural topography.
Section 70. Section 20-508 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling
types may be allowed on sites designed for low, medium or high density residential uses by the
City of Chanhassen Comprehensive Plan.
Section 71. Section 20-508 (e) (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Boulevard plantings. Located in front yards shall require a mix of over -story trees and other
plantings consistent with the site. Landscaped berms shall be provided to screen the site
from major roadways, railroads and more intensive land uses. In place of mass grading for
building pads and roads, stone or decorative blocks retaining walls shall be employed as
required to preserve mature trees and the site's natural topography.
Section 72. Section 20-517 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) In order to receive guidance in the design of a PUD prior to submission of a formal
application, an applicant may submit a concept plan for review and comment by the planning
commission and city council. Submission of a concept plan is optional but is highly
recommended for large PUDs. In order for the review to be of most help to the applicant, the
concept plan should contain such specific information as is suggested by the city. Generally,
this information should include the following information appropriate to the type of
development, e.g., commercial, industrial, or residential:
(1) approximate building areas, pedestrian ways and road locations;
(2) height, bulk and square footage of buildings;
(3) type, number or square footage or intensities of specific land uses;
(4) number of dwelling units;
(5) generalized development plan showing areas to be developed or preserved; and
(6) staging and timing of the development.
63
Section 73. Chapter 20, Article IX of the City Code, City of Chanhassen, Minnesota, is hereby
repealed. •
Section 74. Section 20-572 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(1) Agriculture.
(2) Antennas as regulated by Article XXX of this chapter.
(3) Arboretums
(4) Day care center for twelve (12) or fewer children.
(5) Group home for six (6) or fewer persons.
(6) Public and private parks and open space.
(7) Single-family dwellings.
(8) Temporary real estate office or model home.
(9) Utility Services.
Section 75. Section 20-575 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, three (3) stories/thirty five (35) feet.
Section 76. Section 20-576 (4) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Manufactured homes (compliance with section 20-905 is not required).
Section 77. Section 20-592 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "RR" District:
(1) Agriculture.
(2) Antennas as regulated by article XXX of this chapter
(3) Day care center for twelve (12) or fewer children.
(4) Group home serving six (6) or fewer persons.
(5) Public and private parks and open space.
(6) Single-family dwellings.
(7) Temporary real estate office and model home.
MAI
. (8) Utility services.
Section 78. Section 20-594 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "RR" District:
Churches.
Private stables.
Recreational beach lots.
Towers as regulated by article XXX of this chapter.
Section 79. Section 20-595 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
• b. For accessory structures, three (3) stories/thirty five (35) feet.
Section 80. Section 20-612 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "RSF" District:
Antennas as regulated by article XXX of this chapter.
Day care center for twelve (12) or fewer children.
Group home serving six (6) or fewer persons.
Public and private parks/open space.
Single-family dwellings.
Temporary real estate office and model home.
Utility services.
Section 81. Section 20-615 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
W"
The following minimum requirements shall be observed in an "RSF" District subject to .
additional requirements, exceptions and modifications set forth in this chapter and chapter 18:
(1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot
area requirements shall be met after the area contained within the "neck" has been excluded
from consideration.
(2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac
"bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in
width at the building setback line. The location of this lot is conceptually illustrated below.
Lots where frontage is
measured at the setback line.
0
(3) The minimum lot depth is one hundred twenty-five (125) feet.
(4) Lot width on neck or flag lots and lots accessed by private streets shall be one hundred (100)
feet as measured at the front building setback line. The location of these lots is conceptually
illustrated below.
NECK/FLAG LOTS
FRONT LOT LINE
►► 4�y
• � t t 1
1 t 1 1
100' LOT WEDTH t 1 f
1 f LOT
t 1 WIDTH f f
L.�I_J
(5) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent.
(6) The setbacks are as follows:
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
is c. For side yards, ten (10) feet.
(7) The setbacks for lots served by private streets and/or neck lots are as follows:
For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public
right-of-way that provides access to the parcel. The rear yard lot line is to be located
opposite from the front lot line with the remaining exposures treated as side lot lines. On
neck lots the front yard setback shall be measured at the point nearest the front lot line
where the lot achieves a one -hundred -foot minimum width.
b. For rear yards, thirty (30) feet.
c. For side yards, ten (10) feet.
(8) The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, twenty (20) feet.
Section 82. Section 20-631 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
M
The intent of the "R-4" District is to provide for single-family detached and attached residential
development at a maximum net density of four (4) dwelling units per acre. 0
Section 83. Section 20-635 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 84. Section 20-637 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are interim uses in the "R-4" District:
(1) Private Kennels
(2) Reserved
Section 85. Chapter 20, Article XIV of the City Code, City of Chanhassen, Minnesota, is hereby
amended by adding a Division 1, which shall read as follows:
"RLM" RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT •
Sec. 20-640 "RLM" LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 20-641. Intent.
The intent of the "RLM" District is to provide for single-family attached or detached residential
development on land guided Residential — Low or Medium Density in the City's Comprehensive
Plan with a maximum net density of eight (8) units per acre.
Sec. 20-642. Permitted uses.
The following uses are permitted in an "RLM" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Daycare center 12 or less persons
(3) Public and private parks and open spaces.
(4) Single-family dwelling
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(5) Temporary real estate office and model home.
•
(6) Townhouses, two-family and multi -family dwellings.
(7) Utility services.
Sec. 20-643. Permitted accessory uses.
The following are permitted accessory uses in an "RLM" District:
(1) Garage.
(2) Home occupations.
(3) Signs.
(4) Storage building.
(5) Swimming pool.
(6) Tennis court.
Sec. 20-644. Conditional uses.
The following are conditional uses in an 'RLM" District:
(1) Churches.
(2) Day care center.
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Recreational beach lots.
(5) Towers as regulated by article XXX of this chapter.
Sec. 20-645. Lot requirements and setbacks.
The following minimum requirements shall be observed in an 'RLM" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is as follows:
(a) If a single-family dwelling is located on the lot, nine thousand (9,000) square feet per
dwelling unit.
0
(b) If a two-family dwelling is located on the lot, seven thousand two hundred sixty
(7,260) square feet per dwelling unit. •
(c) If a townhouse or multiple -family project is located on the lot, an average of five
thousand four hundred forty-five (5,445) square feet per dwelling unit.
(2) The minimum lot frontage:
(a) Single-family and two family dwellings are fifty (50) feet except that in the case of a
lot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the
width of the lot at the building setback line shall be fifty (50) feet.
(b) Townhouses and multifamily dwellings are thirty (30) feet except that in the case of a
lot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the
width of the lot at the building setback line shall be thirty (30) feet.
(3) The minimum lot depth
(a) If a single-family dwelling, the minimum depth is one hundred one hundred ten
(I 10) feet.
(b) If a two-family dwelling minimum depth is one hundred (100) feet.
(c) If a townhouse or multiple -family dwelling minimum depth is one hundred (100) feet.
(4) The maximum lot coverage is:
(a) If a single-family dwelling, thirty-five (35) percent.
(b) If a two-family dwelling, forty (40) percent.
(c) If a townhouse or multiple -family dwelling fifty (50) percent.
(5) The setbacks are as follows:
(a) If a single-family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, twenty-five (25) feet.
3) For side yards, five (5) feet.
(b) If a two-family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, thirty (30) feet.
3) For side yards, ten (10) feet where no common wall is located.
(c) If a townhouse or multiple -family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, twenty-five (25) feet.
3) For side yards, ten (10) feet where no common wall is located.
(6) The maximum height is as follows:
i
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(a) For the principal structure, three (3) stories/thirty-five (35) feet.
(b) For accessory structures, one (1) story/fifteen (15) feet.
Section 86. Chapter 20, Article XIV of the City Code, City of Chanhassen, Minnesota, is hereby
amended by adding a Division 2, which shall include sections 20-651 through 20-655.
Section 87. Section 20-654 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "R-8" District:
(1) Churches.
(2) Day care center.
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Recreational beach lots.
(5) Towers as regulated by article XXX of this chapter.
Section 88. Section 20-655 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
. amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty-five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 89. Section 20-674 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "R-12" District:
Churches.
Day care center.
Group home serving from seven (7) to sixteen (16) persons.
Health services.
Recreational beach lots.
71
Reserved.
Towers as regulated by article XXX of this chapter.
Section 90. Section 20-675 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/ thirty-five (35)feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 91. Section 20-676 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are interim uses in the "R-12" District:
Reserved.
Temporary real estate office and model homes.
Section 92. Section 20-683 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows: i
The following are conditional uses in an R-16 District:
Churches.
Day care center.
Group home serving from seven (7) to sixteen (16) persons.
Health services.
Recreational beach lots.
Temporary real estate office and model home.
(7) Towers and antennas as regulated by article XXX of this chapter.
Section 93. Section 20-684 (5) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The maximum height is as follows:
72
a. For the principal structure, three (3) stories/thirty-five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 94. Section 20-692 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in a "BN" District:
(1) Antenna as regulated by article XXX of this chapter.
(2) Community center.
(3) Convenience stores without gas pumps.
(4) Day care center.
(5) Health services.
(6) Home Furnishings.
(7) Offices.
S(8) Personal services.
(9) Private clubs and lodges.
(10) Shopping center.
(11) Small appliance repair shop
(12) Specialty Retail Shop.
(13) Utility services.
(14) Veterinary clinics.
Section 95. Section 20-693 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "BN" District:
(1) Parking lots.
(2) Reserved.
73
(3) Signs.
(4) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 96. Section 20-694 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a "BN" District:
(1) Bed and breakfast establishments.
(2) Convenience store with gas pumps.
(3) Drive-in banks including automated kiosks.
(4) Fast food restaurants without a drive -through as part of a shopping center.
(5) Motor Fuel Station.
(6) Reserved.
(7) Standard restaurants.
Section 97. Section 20-712 of the City Code, City of Chanhassen, Minnesota, is hereby •
amended to read as follows:
The following uses are permitted in a "BH" District:
Antennas as regulated by article XXX of this chapter.
Car wash.
Community center.
Convenience stores without gas pumps.
Day care center.
Fast food restaurant.
Financial institutions with/or without drive -through services.
Funeral homes.
Health services.
0
74
Liquor stores.
Miniature golf.
Motels and hotels.
Offices.
Personal services.
Private clubs and lodges.
Reserved.
Shopping center.
Specialty retail shops.
Standard restaurants.
(20) Utility services.
• Section 98. Section 20-713 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "BH" District:
(1) Signs.
(2) Parking lots.
(3) Temporary outdoor sales (subject to the requirements of section 20-312)
Section 99. Section 20-714 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a "BH" District:
(1) Automobile rental facilities.
(2) Automotive repair shops.
(3) Convenience stores with gas pumps.
(4) Emission control testing stations.
75
(5) Garden centers.
(6) Motor fuel stations.
(7) Outdoor storage.
(8) Reserved.
(9) Small vehicle sales.
(10) Supermarkets.
(11) Towers as regulated by article XXX of this chapter.
Section 100. Section 20-732 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in a "CBD" District:
(1) Antenna as regulated by article XXX of this chapter.
(2) Bars and taverns.
(3) Bowling center. .
(4) Clubs and lodges.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Convention and conference facilities.
(8) Cultural facilities.
(9) Day care center as part of shopping center.
(10) Department stores.
(11) Entertainment.
(12) Fast food restaurants as part of shopping center.
(13) Financial institutions.
(14) Hardware goods. •
76
(15) Health and recreation clubs.
(16) Health services.
(17) Home furnishings.
(18) Hotels.
(19) Liquor stores.
(20) Multiple family dwellings, including senior citizen housing.
(21) Newspaper offices.
(22) Offices.
(23) Personal services.
(24) Print shops.
(25) Schools.
(26) Shopping center.
(27) Specialty retail.
(28) Standard restaurants.
(29) Supermarkets.
(30) Utility service.
Section 101. Section 20-733 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "CBD" District:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 102. Section 20-752 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
77
The following uses are permitted in a "BG" District: •
(1) Animal hospital.
(2) Antenna
(3) Bars and taverns.
(4) Bowling center.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Day care center.
(8) Entertainment.
(9) Fast food restaurants.
(10) Financial institutions, including drive-in service.
(11) Funeral homes.
(12) Garden centers.
(13) Hardware Goods.
(14) Health and recreation clubs.
(15) Health services.
(16) Home improvement trades building supply centers.
(17) Miniature golf.
(18) Motels.
(19) Newspaper and print shop.
(20) Offices.
(21) Personal services.
(22) Private clubs and lodges. •
in
• (23) Reserved.
(24) Senior citizen housing.
(25) Small appliance and similar repair shops.
(26) Specialty retail.
(27) Standard restaurants.
(28) Supermarkets.
(29) Utility services.
(30) Veterinary clinic.
Section 102. Section 20-753 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a BG District:
(1) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 103. Section 20-771.1 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted uses in a 'BF" District:
Agriculture.
Antennas as regulated by article XXX of this chapter.
Private and public park/open space.
Single-family dwelling (one (1) unit per ten (10) acres).
(5) Wholesale nursery/green house/no retail (subject to compliance with section 20-267).
Section 104. Section 20-772 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
79
The following are permitted accessory uses in a "BF" District:
(1) Parking lots. •
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 105. Section 20-773 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a "BF" District:
(1) Automotive Dealers/rental.
(2) Cold storage and warehousing.
(3) Commercial kennels.
(4) Commercial stables.
(5) Miniature golf course (pursuant to section 20-259).
(6) Motor fuel stations without car washes. .
(7) Towers as regulated by article XXX of this chapter.
(8) Utility services.
Section 106. Section 20-775 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are interim uses in the "BF" District:
(1) Churches.
(2) Outdoor storage.
(3) Reserved.
Section 107. Section 20-792 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "OI" District:
Antennas as regulated by article XXX of this chapter.
:1
• Community center.
Churches.
Fire station.
Funeral homes.
Health services/hospitals.
Library.
Museum.
Nursing homes.
Offices.
Post office.
Public parks/open space
• Public recreational facilities.
Schools.
Utility services.
Section 108. Section 20-793 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in the "OP' District:
(1) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 109. Section 20-812 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "IOP" District:
. Antennas as regulated by article XXX of this chapter.
Automotive repair shops •
Conference/convention centers.
Health services.
Indoor health and recreation clubs.
Light industrial.
Offices.
Off -premises parking lots.
Print shops.
Recording studios.
Utility services.
Vocational school.
Warehouses. .
Section 110. Section 20-813 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in an "IOP" District:
Automotive repair shop
Day care center.
Parking lots and ramps.
Signs.
Retail sales of products stored or manufactured on the site provided no more than twenty (20)
percent of the floor space is used for retail sales.
Section 111. Section 20-814 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "IOP" District:
0
FN
(1) Contracting yards.
• (2) Day care centers as part of a multi -tenant building.
(3) Day care centers as a separate facility.
(4) Food processing.
(5) Home improvement trades.
(6) Hotels and motels.
(7) Lumber yards.
(8) Motor freight terminals.
(9) Outdoor health and recreation clubs.
(10) Screened Outdoor storage.
(11) Research laboratories.
(12) Reserved.
(13) Commercial Towers as regulated by article XXX of this chapter.
Section 112. Section 20-904 (a) (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Tennis courts and swimming pools may be located in rear yards with a minimum side and
rear yard setback of ten (10) feet, but must comply with applicable ordinary high water
mark setbacks.
Section 113. Section 20-905 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All single-family detached homes shall:
(1) Be constructed upon a continuous perimeter foundation that meets the requirements of
the state building code.
(2) Conform to the following standards for living areas:
a. If a one-story rambler design, have an area of nine hundred sixty (960) square feet.
0 b. If a split level design, have an area of one thousand fifty (1,050) square feet.
c. If a split foyer and two-story design, have an area of six hundred (600) square feet on •
the first floor.
d. A two -car garage must be provided with the single-family structure.
(3) Have an earth covered, composition, shingled or tiled roof or other materials approved by
the Minnesota State Building Code as adopted and amended by the city.
(4) Receive 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.
(5) Meet the requirements of the Minnesota State Building Code as adopted and amended by
the city or the applicable manufactured housing Code.
Section 114. Section 20-908 (5) (e) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining
walls.
Section 115. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a •
section to be numbered 20-908 (6), which shall read as follows:
The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences may be allowed within an easement with an encroachment agreement if
they do not alter the intended use of the easement. A driveway or sidewalk from the street to the
house crossing drainage and utility easements at the front of the property are exempt from this
requirement.
Section 116. Section 20-909 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Continued storage of boats, all -terrain vehicles, snowmobiles and trailers may be stored in the
side or rear yard behind the required front setback, if owned by a resident owner or lessee of the
property.
Section 117. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-909 (8), which shall read as follows:
PODS (personal on demand storage) and roll -off dumpsters may be located a property a
minimum of six feet (6') away from the house for fire protection and at least ten feet (10') from
any property line. Such containers may be kept on site for a maximum of 30 days per year. An
01
extension of the 30 days may be granted by the city if the container is used in conjunction with a
• valid and ongoing building permit.
Section 118. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
subsections to be numbered 20-913 (d) and (e), which shall read as follows:
(d)Wall mounted lighting in commercial, industrial, and institutional districts shall comply
with the following:
(1) All wall mounted light fixtures shall be shielded with a total cutoff angle equal to or
less than 90 degrees.
(e) Lighting shall not be directed skyward except for lighting designed for illuminating the
United States of America Flag.
Section 119. Section 20-919 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Telephone equipment buildings are allowed in all zoning districts as an ancillary use subject to
the following standards:
(1) The site must provide landscaping as required in article XXV.
• (2) The driveway surface shall be surfaced with a hard, all-weather, dust free and durable
surfacing material.
0
(3) The applicant shall receive an access permit from the regulating agency.
(4) The building shall meet the required setbacks of the district in which it is located.
(5) The equipment building shall be architecturally consistent with surrounding structures.
Section 120. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-962, which shall read as follows:
(a) Camping or occupying camp facilities in the following areas is prohibited unless in a city
approved campground or with prior city authorization:
(1) any park;
(2) any street;
(3) any publicly owned parking lot or publicly owned area, improved or unimproved.
(b) Camping, occupying camp facilities on a lot or parcel for more than seven (7) consecutive
days or more than twenty-one (2 1) days in a 365 day period is prohibited.
EN
Section 121. Section 20-978 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows: •
Contractors' yards/landscaping businesses are prohibited.
Section 122. Section 20-1017 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
A permit shall be obtained for any permanent fence installed for any purpose, other than an
agricultural purpose prior to installation of same. The installation of temporary or seasonal
fencing, e. g., snow fencing, garden fencing, etc., without permanent posts is exempt from this
requirement. A site plan showing the location of the fence shall be submitted with the permit
application. The city may require a permit applicant to provide a registered land survey
establishing property lines. A building permit, in lieu of a zoning compliance review permit,
shall be required for fences in excess of six (6) feet in height and retaining walls in excess of four
(4) feet in height.
Section 123. Section 20-1019 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Generally. All fences and retaining walls shall be located entirely upon the property of
the fence or retaining wall owner unless the owner of the adjoining property agrees, in
writing, that said fence or retaining wall may be erected on the property line of the
respective properties. Such agreement shall be submitted at the time of building permit •
application. Encroachment into a City easement shall require an encroachment
agreement between the property owner and the city. Fences shall not be placed within
the public right-of-way.
(b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland
or within the required wetland buffer area.
(c) Buffers. No fences shall be permitted between a required landscape buffer and a
collector or arterial street.
(d) Temporary fences. Temporary fencing, such as fencing installed to enclose a seasonal
garden or snow fencing in winter, may not be located within the front yard setback.
Snow fencing shall not be located within any drainage or utility easement.
Section 124. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-1025, which shall read as follows:
Retaining walls exceeding four (4) feet in height, including stage walls which cumulatively
exceed four (4) feet in height, must be constructed in accordance with plans prepared by a
registered engineer or landscape architect and shall be constructed of a durable material. A
permit is required for the construction of such retaining walls.
•
:.
Section 125. Section 20-1048 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
Standard drawings of the structural components of the wind energy conversion system and
support structures, including base and footings shall be provided along with engineering data
and calculations to demonstrate compliance with the structural design provisions of the
Minnesota State Building Code as adopted. Drawings and engineering calculations shall be
certified by a registered engineer.
Section 126. Section 20-1055 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination,
except for illumination devices required by FAA Regulations part 77 "Objects Affecting
Navigable Air Space" and FAA Advisory Circular 70/7460-1K CHG1 April 15, 2000.
Section 127. Section 20-1065 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All manmade architectural, landscape, and paving materials shall reflect the highest quality
possible and should be used in a manner suitable to the nature of the material, its role in the
design, general durability, expected level of use or abuse, weathering characteristics, and ease
and frequency of maintenance. The following materials or equivalent materials are acceptable:
* Brick
* Stone
* Glass
* Textured masonry units
* Wood, consisting of lap siding with an exposure no greater than seven (7) inches or wood
shakes; surfaces must be painted;
* Stucco
* Tilt up concrete panels that are grid or brick like in appearance
Accent material may occupy up to fifteen (15) percent of the building's facade. These may
include metal, glass block, spandrel glass or similar materials approved by the city.
•
Material and Detail
The following may not be used in any visible exterior application except when specifically
permitted by the city in areas with limited public view or accent areas:
* Plain/painted poured concrete panels "cast in place"
* Painted brick
* Painted concrete panels
* Painted rock faced block •
*Unadorned plain or painted concrete block
* Tilt -up concrete panel that are ribbed or corduroy in appearance
* Prefabricated steel or sheet metal panels
* Reflective glass
* Aluminum, vinyl, fiberglass, asphalt or fiberboard siding
* EIFS (exterior insulation and finish system) may be used as an accent but not a primary
material
Section 128. Section 20-1068 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Fifty (50) percent of the first floor facade that is viewed by the public shall be designed to
include transparent windows and/or doors to minimize expanses of blank walls. (Reflective glass
is not permitted). If the building is a one-story design and the first floor elevation exceeds 12
feet, then only the first 12 feet in building height shall be included in calculating the facade area.
The remaining fifty (50) percent of the first floor facade that is viewed by the public, shall be
designed to include any or all of the following:
* Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.)
* Architectural detailing and articulation that provides texture on the facade and/or parking
structure openings. is
•
11
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Section 129. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
Chapter 20, Article XXIII, Division 8, which shall be numbered section 20-1180 , which shall
read as follows:
Division 8. Sexually Oriented Businesses
Sec. 20-1080. Location of business.
(a) In addition to the licensing requirements of Chapter 10 of the Chanhassen City Code,
sexually oriented businesses shall not be located within five hundred (500) feet of:
(1) A public or private elementary or secondary school;
(2) A licensed day care center;
(3) A residential district;
(4) A multifamily residential building.
(5) A public park adjacent to a residential district;
(6) A church;
(7) City Hall; or
(8) Public libraries.
Angle
Curb Length
Stall length
Aisle
45 degree
12.0'
18.0'
15 *
60 degree
10.0'
18.0'
18.5' *
90 degree
9'
18.0'
26'
Parallel
20.0'
8.0'
22'
*One-way aisles only.
Dead end aisles must be provided with a twenty-six (26) feet by ten (10) feet unencumbered area
at the end to facilitate vehicle turning movement.
Section 132. Section 20-1124 (2) (f) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Dwelling:
1. Single -family --Two (2) parking spaces, both of which must be completely enclosed. No
garage shall be converted into living space unless other acceptable on -site parking space
is provided.
Multi -family:
• Efficiency units and one -bedroom units —One and one-half (1 %) stalls, one (1) of which
must be completely enclosed in a garage.
•
Two -bedroom and larger units —Two (2) stalls, one and one-half must be completely
enclosed in a garage.
(c) Senior Housing. Housing designed and limited to senior citizens, age restricted to
those 55 years of age and older, shall provide one parking stall per dwelling unit,
which must be enclosed in a garage. Assisted living facilities shall provide 1/3rd
parking stall per dwelling unit. All required parking for assisted living dwelling units
must be enclosed in a garage.
(d) Garage stalls for multifamily buildings containing more than twenty (20) dwellings
must be placed underground or attached to the primary structure. The city may allow
freestanding garage stalls only when the applicant demonstrates that the architectural
design of the building results in an inability to accommodate all the stalls under the
building and when the majority of this requirement is met with underground parking.
(e) In multifamily rental buildings, the use of at least one (1) enclosed stall shall be
included in the lease or rental rate of each apartment. In multifamily owner -occupied
buildings at least one (1) enclosed stall shall be included in the sales price of each
home.
91
(f) One (1) visitor parking stall shall be provided for each four (4) dwellings.
Section 133. Section 20-1124 (2) (n) of the City Code, City of Chanhassen, Minnesota, is hereby •
amended to read as follows:
Office buildings (administrative, business or professional) --Buildings under forty-nine thousand
nine hundred ninety-nine (49,999) square feet, five (5) stalls per one thousand (1,000) square feet
gross floor area; buildings from fifty thousand (50,000) to ninety-nine thousand nine hundred
ninety-nine (99,999) square feet, four (4) stalls per one thousand (1,000) square feet gross floor
area; and buildings over one hundred thousand (100,000) square feet, three (3) stalls per one
thousand (1,000) square feet gross floor area. Building area square footages shall exclude
common areas such as reception areas, cafeterias, hallways, etc. in calculating the parking
requirements for an office building.
Section 134. Section 20-1176 (f) (2) b. of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Determine the buffer yard required on each boundary, or segment thereof, of the property by
referring to the following table of buffer yard requirements and illustrations set at the end of
subsection (2), which specify the buffer yard required between adjacent uses and streets.
Section 135. Section 20-1181 (b) (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The inside width, behind the curb in landscape islands or peninsulas, shall be a minimum of •
10 feet.
Section 136. Section 20-1183 (a) (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant materials
shall meet the following requirements:
a. Deciduous trees. Shall be species having an average crown spread of greater than fifteen
(15) feet and having trunk(s) which can be maintained with over five (5) feet of clear
wood in areas which have visibility requirements, except at vehicular use area
intersections where an eight -foot clear wood requirement will control. Trees having an
average mature spread of crown less than fifteen (15) feet may be substituted by grouping
of the same so as to create the equivalent of a fifteen -foot crown spread. A minimum of
ten (10) feet overall height or minimum caliper (trunk diameter, measured six (6) inches
above ground for trees up to four (4) inches caliper) of at least two and one-half (2 1/2)
inches immediately after planting shall be required. Trees of species whose roots are
known to cause damage to public roadways or other public works shall not be placed
closer than fifteen (15) feet to such public works, unless the tree root system is
completely contained within a barrier for which the minimum interior containing
C�
dimensions shall be five (5) feet square and five (5) feet deep and for which the
• construction requirements shall be four (4) inches thick, reinforced concrete.
b. Evergreen trees. Evergreen trees shall be a minimum of six (6) feet high with a minimum
caliper of one and one-half (1 1/2) inches when planted when counted as an understory
tree. Overstory evergreens shall be a minimum of eight (8) feet high.
c. Shrubs and hedges. Deciduous shrubs shall be at least two (2) feet in average height
when planted, and shall conform to the opacity and other requirements within four (4)
years after planting. Evergreen shrubs shall be at least two (2) feet in average height and
two (2) feet in diameter.
d. Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used
in conjunction with walls or fences.
e. Grass or ground cover. Grass shall be planted in species normally grown as permanent
lawns, and may be sodded, plugged, sprigged, or seeded; except in swales or other areas
subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used,
nurse -grass seed shall be sown for immediate protection until complete coverage
otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or
diseases. Ground cover such as organic material shall be planted in such a manner as to
present a finished appearance and seventy-five (75) percent of complete coverage after
two (2) complete growing seasons, with a maximum of fifteen (15) inches on center. In
• certain cases, ground cover also may consist of rocks, pebbles, sand and similar materials
if approved by the city.
Section 137. Chapter 20, Article XXV , Section 20-1183 Table I, Approved Tree List and Table
II of the City Code, City of Chanhassen, Minnesota, are hereby repealed.
Section 138. Section 20-1252 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Fees for sign permit applications and variance requests shall be imposed in accordance with the
fee schedule established by city council in Chapter 4 of the City Code. The intent of this section
is to recover costs associated with administering this article. Permit fees shall reflect the costs of
reviewing and processing permits, as well as costs associated with periodic enforcement
activities and compliance checks.
Section 139. Section 20-1255 (8) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Rummage (garage) sale signs. Rummage sale signs shall be removed within two (2) days after
the end of the sale and shall not exceed four (4) square feet. Rummage sale signs shall not be
located in any public rights -of -way. The city shall have the right to remove and destroy signs not
conforming to this paragraph. The city may assess a fee in the amount established in Chapter 4 of
• the City Code for sign permits for each sign removed by the city.
93
Section 140. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-1255 (11), which shall read as follows:
Off premise sign for open house, house for sale or rent, parade of homes, etc. Such signs shall be
removed within two (2) days after the end of the event and shall not exceed four (4) square feet.
The property owner upon which a sign is located shall provide their approval. The signs shall
not be located in any public rights -of -way. The city shall have the right to remove and destroy
signs not conforming to this paragraph. The city may assess a fee in the amount established in
Chapter 4 of the City Code for sign permits for each sign removed by the city.
Section 141. Section 20-1270 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The design and construction standards as set forth in Chapter 4 of the 1997 edition of the
Uniform Sign Code as may be amended, are adopted.
Section 142. Section 20-1301 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R-16,
and residential PUD districts:
(1) Public and institutional signs. One (1) ground low profile or wall sign, not exceeding •
twenty-four (24) square feet of sign display area, shall be permitted on the premises of any
public or institutional property giving the name of the facility and nature of the use and
occupancy. Such sign shall be located at least ten (10) feet from any property line, and shall not
exceed five (5) feet in height.
(2) Area identification/entrance signs. Only one (1) monument sign may be erected at the
entrance(s). Total sign area shall not exceed twenty-four (24) square feet of sign display area,
nor be more than five (5) feet high. More than one (1) sign per entrance may be erected,
provided that the total sign area does not exceed twenty-four (24) square feet. Any such sign or
monument shall be designed with low -maintenance, high quality materials. The adjacent
property owner or a homeowners association shall be responsible for maintenance of the
identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be
located so as not to conflict with traffic visibility or street maintenance operation, and shall be
securely anchored to the ground.
(3) Non-residential uses. Only one (1) monument sign may be permitted on the site. The total
sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five
(5) feet in height.
Section 143. Section 20-1302 (2) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
is
W .,
Wall business signs. One (1) wall business sign shall be permitted on the street frontage for
• each business occupant within a building. In multi -tenant buildings where individual
entrances do not front on a public street, a wall sign may be permitted on the entrance fagade
if the following apply: 1) the entrance is an individual unit entrance and not a common
hallway, 2) the entrance is not an emergency exit or "exit only" for the unit. The sign may
contain the name and logo of the business only and shall have a sign display area that is in
compliance with the district standards. Wall business signs shall not be mounted upon the
wall of any building which faces any adjoining residential district without an intervening
public street. The total of all wall mounted sign display areas for each business shall not
exceed the square footage established in the following table:
[Ell EM
— WALL SIGN
Maximum Percentage of
Wall Area
Wall Area in Square Feet
Total Square Footage of
Signs
15%
0 — 600
90
13%
601 —1,200
156
11%
1,201 — 1,800
198
9%
1,801 — 2,400
216
7%
2,401 — 3,200
224
5%
3,201 — 4,500
230
3%
4,500+
240
Section 144. Section 20-1303 (2) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Ground low profile business signs. One (1) ground low profile business sign shall be
permitted per each outlot or separate building pad that has street frontage. The height and
square footage of the sign shall be based on the table above. Such signs shall be located at
a
least three hundred (300) feet from any other pylon or ground sign on the parcel and at least
ten (10) feet from any property line. •
Section 145. Section 20-1303 (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Wall business signs. Wall business signs shall be permitted on street frontage for each
business occupant within a building only. In multi -tenant buildings where individual
entrances do not front on a public street, a wall sign may shall be permitted on the entrance
fagade if the following apply: 1) the entrance is a unit entrance and not a common hallway,
2) the entrance is not an emergency exit or "exit only" for the unit. The sign may contain the
name and logo of the business only and shall have a sign display area that is in compliance
with the district standards.
Maximum Percentage of
Wall Area
Wall Area in Square Feet
Total Square Footage of
Signs
15%
0 — 600
90
13%
601 — 1,200
156
11%
1,201 — 1,800
198
9%
1,801 — 2,400
216
7%
2,401 — 3,200
224
5%
3,201 — 4,500
230
3%
4,500+
240
Section 146. Section 20-1304 (2) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Ground low profile business signs. One (1) ground low profile business sign shall be
permitted per site for each street frontage. Such sign shall not exceed sixty-four (64) square
feet in sign display area nor be greater than eight (8) feet in height. Such sign shall be
located at least ten (10) feet from any property line.
Section 147. Section 20-1304 (3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Wall business signs. Wall business signs shall be permitted on street frontage for each
business occupant within a building only. In multi -tenant buildings where individual
entrances do not front on a public street, a wall sign may shall be permitted on the entrance
fagade if the following apply: 1) the entrance is a unit entrance and not a common hallway,
2) the entrance is not an emergency exit or "exit only" for the unit. The sign may contain the
name and logo of the business only and shall have a sign display area that is in compliance
with the district standards. The total of all wall mounted sign display areas for each business
shall not exceed the square footage established in the following table:
u
E
Maximum Percentage of
Wall Area
Wall Area in Square Feet
Total Square Footage of
Signs
15%
0 — 600
90
13%
601 —1,200
156
11%
1,201 — 1,800
198
9%
1,801 — 2,400
216
7%
2,401 — 3,200
224
5%
3,201 — 4,500
230
3%
4,500+
240
Section 148. Section 20-1402 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Stairways, paths and lifts may be permitted in suitable sites where construction will not redirect
water flow direction and/or increase drainage velocity. Major topographic alterations are
prohibited. Stairways, paths and lifts must receive an earthwork permit and must meet the
following design requirements
(1) Stairways, paths and lifts may not exceed four (4) feet in width on residential lots. Wider
stairways may be used for commercial properties, public open space recreational
properties, and planned unit developments.
• (2) Reserved.
1�
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, paths, lifts and landings may be either constructed above the ground on posts
or placed into the ground, provided they are designed and built in a manner that ensures
control of soil erosion.
(5) Stairways, paths, lifts and landings must be located in the most visually inconspicuous
portions of lots.
(6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are
also allowed, provided that the dimensional and performance standards complied with of
subitems (1) to (5).
Section 149. Section 20-1403 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited
clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from
the principal dwelling site and to accommodate the placement of stairways and landings and
access paths.
97
Removal or alteration of vegetation must receive prior approval of the community development
director or designee. An on -site review will be made to determine if the removal or alteration of •
vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff
will work with the property owner to develop a means of creating a view while minimizing
disturbance to the bluff impact zone.
Section 150. Chapter 20, Article XXIX, Sections 20-1450 through 20-1461 and 20-1463 through
20-1464 of the City Code, City of Chanhassen, Minnesota, are hereby repealed.
Section 151. Section 20-1462 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(1) On building lots that abut Highway 5 directly, the minimum building setback from the
highway right-of-way shall be seventy (70) feet. The maximum building setback from the
highway right-of-way for all buildings except single family residences shall be one hundred
fifty (150) feet. No maximum building setback shall apply to single family residences.
(2) On building lots that abut either of the access boulevards parallel to Highway 5, the
minimum building setback from the boulevard right-of-way shall be fifty (50) feet. The
maximum building setback from the boulevard right-of-way shall be one hundred (100) feet.
Section 152. Section 20-1503 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Maximum height Except as provided in the following section, maximum heights for towers shall •
be as follows:
(1) In all residential zoned property, the maximum height of any tower, including all
antennas and other attachments, shall be eighty (80) feet.
(2) In all nonresidential zoning districts, the maximum height of any tower, including all
antennas and other attachments, shall not exceed a height of one hundred fifty (150) feet.
The city council may allow towers up to two hundred (200) feet high if the applicant can
demonstrate that, based upon the topography of the site and surrounding areas, antenna
design, surrounding tree cover and structures and/or through the use of screening, off -site
views of the tower will be minimized.
Section 153. Section 20-1505 of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
Towers shall conform with each of the following minimum setback requirements:
Section 154. Section 20-1508 (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
All applicable provisions of this Code.
••
• Section 155. Section 20-1555 of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
(a) Generally. Primary and Secondary Zones shall be subject to the requirements established
herein, as well as restrictions and requirements established by other applicable city ordinances
and regulations. The Bluff Creek Overlay District regulations shall not be construed to allow
anything otherwise prohibited in the zoning district where the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary Zones include land that is generally defined
in this article and in the Bluff Creek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the planning department. The applicant shall provide appropriate technical information,
including but not limited to a topographical survey, flora and fauna survey and soil data deemed
necessary for the city to determine the exact watershed zone boundary. The community
development director shall make a determination to maintain the officially designated watershed
zone boundary or if the boundaries need to be corrected on city plans and maps based upon the
data that is supplied. Data for watershed zone delineation shall be generated and provided by a
qualified professional specializing in watershed management, environmental science or other
related profession. The applicant may appeal the community development director's
determination of the watershed zone boundary and type to the city council.
• Section 156. Section 20-1558 of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1),
landscaping and site planning, site views both to and from the BCO district shall be preserved
and enhanced to the greatest extent possible so as to maintain views that reflect and protect the
natural beauty of the BCO District. Special attention should be given to views that are highly
accessible to the public such as scenic overlooks, ridges and trails. Clustering of development
away from natural overlooks is encouraged.
Develop terrain -adaptive
architecture for steep slopes.
=0n steeply sloping sites, the
propsed building should step
down the hillside. 4
Side garage
access requires less
site disturbance.
Terrain -Adaptive Architecture
• Figure 1. "Published in APA PAS Report #466"
••
Section 157. Section 20-1559 of the City Code, City of Chanhassen, Minnesota, is hereby •
amended so the first line shall read as follows:
Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff
Creek Overlay District. Density clustering may be used in areas where portions of the site are
unsuitable for development because of the location of the Primary Zone. Density clustering shall
not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes and
other areas not suitable for building purposes.
In areas where density clustering is applicable, density may be transferred to unconstrained parts
of the site within land included in the Secondary Zone, subject to the restrictions of this article,
and within land lying outside of identified zone areas. Additionally, the following conditions
may qualify for density clustering:
(a) Land slopes in the Secondary Zone that exceed twenty-five (25) percent on average.
(b) Land in the Secondary Zone containing stands of native trees.
(c) Land with suitable natural habitat to endangered or threatened species or a fragile
ecosystem.
r armae&ogical ;.., endangered
I - SIJI al"
SpCCICi
■ O r
• r • _ s = ■ • ♦ • The
Bay
100-year��
JtooVain clerk
Traditional Development Pattern "Designing Open Space Subdivisions, Randall Arendt"
E
•
100
•
•
archaeologicalC.
- sue, endahgeretl '
4 Specres
t • Q • s upland�
• ` � �`. � �, �� � �� . ■ � woodsNA
` ■ � Lon - ♦ ;e;:•:. �. y. s „�
z :C� ♦ . • ".Meadow. • • ♦ • •ram
` .",Cry ® C r y s t } ` • •
L .b .. ■
yc� ■ .,.ci W �i", The ♦
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meadow . ♦• .,`�'
weltands
100-year� ,
floodplain3Commumly
Dock
Cluster Development `Designing Open Space Subdivisions, Randall Arendt"
Industrial Cluster Development
Section 158. Section 20-1561 of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
(a) Natural habitat areas within the primary zone shall be preserved as permanent open space.
• Any development that occurs shall be directly related to the development of a continuous
101
greenway along the creek from the Minnesota River to Lake Minnewashta as outlined in the
Bluff Creek Watershed Natural Resources Management Plan.
(b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall be
avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the
practices delineated in the City's Best management Practices Handbook.
Section 159. Section 20-1564 of the City Code, City of Chanhassen, Minnesota, is hereby
amended so the first line shall read as follows:
All structures shall be set back a minimum of forty (40) feet from the Primary Zone. No
disturbances of the site shall occur with the first twenty (20) feet of such setback.
Section 160. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 24th day of May, 2004, by the City Council of the City of
Chanhassen, Minnesota
Ci
dd Gerhar , -i anager
Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on June 10, 2004)
•
•
•
102
• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.377
AN ORDINANCE AMENDING
CHAPTER 20 OF THE CHANHASSEN CITY CODE
ZONING
The purpose of this code amendment is to revise and update the zoning code of the City of
Chanhassen including:
• Deleting definitions which are now located in Chapter 1 of the City Code
• Adding Century Boulevard as a collector road
• Adding the community development director and Carver County Sheriff's Office as authorized
enforcement agents
• Revising the name of the board of appeals and adjustments
• Clarifying duties of the board of appeals and adjustments consistent with state statutes
• Replacing references to the zoning administrator and planning director with community
development director
• Stating that variance and appeals hearings will be within 45 days of submittal
• Making notice requirements to lakeshore properties for amendment hearings permissive rather
• than mandatory
• Adding decreasing traffic visibility or site distance as a criteria in determining variance approval
• Permitting only allowed uses on nonconforming use properties after the nonconformity has
expired after 12 months of nonuse
• Eliminating variance approval requirements for nonconforming lots of record provided the other
requirements of the zoning code are met
• Deleting building code and certificates of occupancy from the zoning code since they are
required in Chapter 7 of the City Code
• Adding zoning compliance review requirements for the construction of structures which do not
require building permits
• Adding the Planned Unit Development — Residential as a residential zoning district
• Requiring that site plan review submission be a minimum of 30 days prior to the Planning
Commission meeting
• Requiring the building area square footages of different uses as part of the site plan submittal
• Requiring documentation that downstream storm water pond is sufficient to accommodate the
additional storm water from a site
• Requiring that rooftop screening be designed to screen from the property line or 250 feet,
whichever is greater
• Requiring additional signage information as part of the site plan
• Requiring the submittal of lighting photometrics
• Adding the RLM - Low and medium density residential district
• Adding that the Bluff Creek Overlay district may not follow lot lines
•
• Deleting reference to February 19, 1987 for mandatory one-year commencement or
• discontinuation of conditional use permits
• Deleting the prohibition for a bed and breakfast establishment to rent to the same individual for
more than seven days
• Establishing conditional use permit criteria for cemeteries, contracting yards, equipment rental,
farmers' markets, food processing, garden centers, golf courses, home improvement trades,
hotels, lumber yards, major auto repair & body shops, mineral extraction, model homes, motels,
motor freight terminals, research labs, small vehicle sales, supermarkets and temporary
classrooms
• Deleting commercial communication tower conditional use permit criteria since tower criteria
are located in Article XXX of Chapter 20 of the Chanhassen City Code
• Requiring city council approval for outdoor speaker systems at wholesale nurseries
• Clarifying that the 250-foot gas pumps separation requirement are from pumps on separate
parcels
• Relocating interim use permit criteria to Chapter 20, Article IV, Division 5, from Chapter 20,
Article V, Division 5
• Noting that city wetland maps show only the approximate location of wetlands
• Adding excavation as an activity that constitutes a wetland alteration
• Adding that principal structures must be a minimum of three feet above the ordinary high water
elevation of a wetland
• Revising that boardwalks must be a minimum of six inches above the ordinary high water
elevation or ground level and that docks may only be extended into the lake from the edge of a
• wetland that surrounds the lake
• Requiring buffer strips of 35 — 100 feet around pristine wetlands, 20 — 30 feet around natural
wetlands and 16.5 — 20 feet around ag/urban wetlands with a minimum average buffer width of
16.5 feet around ag/urban wetlands
• Noting that impacts affecting a wetland must comply with Minnesota Rule 8420
• Including wetland sequencing flexibility criteria
• Requiring a wetland replacement plan or other city approval prior to wetland impacts
• Requiring that wetland filling comply with the Wetland Conservation Act and shall not alter the
hydrological patterns in the remainder of the wetland if a portion of the wetland remains
• Deleting section that permitted storm water runoff to discharge directly into a wetland
• Requiring that wetland impact mitigation standards found in Minnesota Rule 8420.0550 shall be
followed
• Stipulating that replacement wetlands must replace the wetland function and value that are lost
from a wetland that is drained or filled
• Requiring that wetland replacement shall be ratios set forth in Minnesota Rule 8420.0541
• Requiring annual reports to the City for replacement wetlands in Chanhassen for at least 5 years
or until the replacement wetland is deemed by the TEP to be fully functional
• Noting that the applicant for a wetland alteration permit is responsible for obtaining all other
necessary permits
• Requiring that persons conducting an activity in a wetland under an exemption in Minnesota
Rule 8420.0122 maintain erosion control measures, not block fish activity and comply with
applicable federal, state, and local requirements
• • Citing correct Minnesota Statutes, Chapter 103F for Shoreland Management
2
• Adding ordinary high water elevation to list of lakes in Chanhassen
• • Adding Assumption Creek, Riley Creek and the discharge stream from Lotus Lake to list of
tributary streams in Chanhassen
• Noting that the underlying zoning district establishes the minimum lot size requirements for lots
abutting rivers and streams
• Noting that the ten -foot minimum setback for water -oriented structures is from the ordinary high
water elevation of lakes
• Noting the "structure" setback from other features in the shoreland management district
• Specifying that shoreland alteration vegetation shall include but not be limited to grasses, forbs,
shrubs, trees and vines
• Requiring preservation of existing shading of water surfaces along rivers and streams
• Prohibit clear cutting as part of shoreland alterations
• Noting that topographic alterations/grading and filling shall also be governed by Chapter 7 of
the Chanhassen City Code
• Requiring the upgrading or replacement of any nonconforming septic system within three (3)
years of determination of noncompliance
• Permitting the use of transportation demand management strategies as part of a Planned Unit
Development (PUD)
• Deleting the ability to permit up to 25 percent of the building floor area for land uses not
designated in the comprehensive plan as part of a PUD
• Permitting PUDs on properties of less than five acres if located on a collector, minor or
principal arterial roadway
• • Specifying that Density within a PUD shall be calculated on net acreage
• Permitting density transfer in single-family detached area will be evaluated using the items
listed in section 20-506 or 20-508
• Permitting density ranges to be exceeded for the provision of affordable housing pursuant to
policies of the city's affordable housing goals
• Stating that incentives may be approved contingent upon the developer and the city entering into
an agreement to ensure that the low and moderate income housing will be available for a
specific period of time
• Including design standards as part of a PUD agreement
• Requiring that developers show a 60-foot by 60-foot building pad within standard single-family
residential PUDs
• Requiring a minimum of one overstory tree in the front yard of each residential lot within a
PUD
• Deleting the requirement of an entrance monument within residential PUDs
• Permitting single-family attached, cluster, zero lot line, townhouses and similar dwelling types
on sites designed for low, medium or high -density residential uses by the City of Chanhassen
Comprehensive Plan
• Providing criteria for the submittal of concept PUDs
• Eliminating the A-1, Agricultural Preservation District
• Deleting "state licensed" from the listing for group homes
• Reducing the maximum height for principal structures in the A2, RR, RSF, R4, R8, R12 and
R16 zoning districts from 40 to 35 feet and for accessory structures in the A2 and RR zoning
• districts
3
• Changing the term "mobile" to "manufactured" home
• • Deleting public buildings as a conditional use in the RR zoning district
• Adding public and private parks as a permitted use in the RSF zoning district
• Deleting "state licensed" from the listing for day care
• Adding the provision of single-family detached and attached residential as the intent of the R4
district
• Deleting boarding houses as an interim use in the R4 district
• Adding the "RLM" Residential Low and Medium Density District
• Eliminating boarding houses as a conditional use in the R8 district
• Replacing Health Care Facilities with Health Services as a conditional use in the R12 and R16
districts
• Adding "temporary" to the real estate office and model homes listing as an interim use in the
R12 district
• Deleting boarding houses as an interim use in the R12 district
• Deleting the word "commercial" from tower uses as a conditional use in the R16, BH, BF and
IOP districts
• Adding antenna, home furnishings and offices as permitted uses in the BN district
• Deleting neighborhood oriented retail shops, self-service laundries, dry cleaning and laundry
pick-up stations and professional offices, which are all being reclassified, as permitted uses in
the BN district
• Adding motor fuel station as a conditional use in the BN district
• Reclassifying retail shops as specialty retail shop in the BH
• • Changing auto services center to automotive repair shop as a conditional use in the BH district
• Deleting "screened" from outdoor storage classification in the BH, BF and IOP districts
• Adding antenna as a permitted use in the CBD district
• Replacing Health Care Facilities with Health Services as a permitted use in the CBD district
• Deleting retail shops, personal service establishments and apparel sales as permitted uses since
they are redundant classifications of uses
• Adding antenna, hardware goods and print shop as permitted uses in the BG district
• Replacing Health Care Facilities with Health Services as a permitted use in the BG district
• Deleting apparel sales as a permitted use in the BG district since this is a redundant
classification
•
• Adding public and private open space as a permitted use in the BF district
• Replacing truck/trailer/auto/sporting goods and boat sales with automotive dealers/rental as a
conditional use in the BF district
• Deleting the term commercial from antennas in the BF, OI and IOP districts
• Deleting professional, business, and administrative from the Office listing as a permitted use in
the OI district
• Adding public open space as a permitted use in the OI district
• Deleting public buildings as a permitted use in the OI district
• Replacing body shops with automotive repair shops as a permitted use in the IOP district
• Replacing light manufacturing with light industrial as a permitted use in the IOP district
• Replacing printers with print shops as a permitted use in the IOP district
n
• Deleting communication transmission towers and public buildings as a conditional use in the
• IOP district
• Replacing references to the uniform building code as adopted and amended by the city with
Minnesota State Building Code
• Deleting standwire agricultural and adding retaining walls as an exception to the front yard
setback exemptions
• Prohibiting structures to encroach into easements and adding list of structures which may be
permitted within an easement with an encroachment agreement
• Clarifying that the storage of boats, all -terrain vehicles, snowmobiles and trailers may be stored
in the side or rear yard behind the required front setback, if owned by a resident owner or lessee
of the property
• Adding PODS (personal on -demand storage) standards
• Adding requirement that wall -mounted lights must have 90 degree or less cutoff angle and be
shielded
• Prohibiting lighting from being directed skyward except for lighting of the American Flag
• Changing telephone equipment buildings from a conditional to an ancillary use in all zoning
districts subject to certain standards
• Adding standards for camping on public or private lands
• Requiring permits for permanent fences, exempting temporary fences from the permit
requirement and requiring a building permit for fences in excess of six feet and retaining walls
in excess of four feet
• Adding retaining walls to the location restriction for fences
• • Adding the requirement for an encroachment agreement for fences and retaining walls in city
easements
• Prohibiting private fences in the public right-of-way
• Requiring that fences be located outside wetland buffer areas
• Providing location requirements for temporary fences
• Requiring that retaining walls in excess of four feet in height be constructed in accordance with
plans prepared by a registered engineer or landscape architect and shall be constructed of a
durable material
• Specifying that only the first 12 feet of building height of a one-story building shall be used to
calculate facade area of a building for facade transparency purposes
• Adding setback requirements for sexually oriented businesses
• Requiring that the minimum driveway distances from street intersections shall comply with the
minimum distances provided in the most recent issue of the Institute of Transportation
Engineers publications
• Requiring the minimum parking stall width of nine feet
• Requiring the minimum drive aisle width of 15 feet for drive aisle serving 45 degree parking
stalls
• Modifying standards for multifamily parking
• Changing office parking standards to five per 1,000 square feet for the first 50,000 square feet of
building area and noting that parking shall be calculated excluding the common areas of an
office building
• Requiring that landscape islands or peninsulas in parking lots be a minimum of 10 feet wide
5
• Specifying that evergreens used as understory trees be a minimum of six feet and eight feet if
• used as an overstory tree
• Deleting the tables of acceptable landscaping materials
• Noting that variance and sign permit fees are in Chapter 4 of the Chanhassen City Code
• Noting that the fee for removing rummage sale signs by the city is the same as for a sign permit
which is established in Chapter 4 of the Chanhassen City Code
• Establishing criteria for off premises signs for open house, house for sale or rent, parade of
homes, etc.
• Citing the 1997 edition of the Uniform Sign Code
• Adding the RLM and R16 districts as residential districts for signage
• Providing that area identification/entrance signs shall be made of low maintenance and high
quality materials
• Providing that in multi -tenant buildings where individual entrances do not front a public street, a
wall sign may shall be permitted on the entrance fagade
• Adding paths as a structure that may be constructed in a bluff protection area
• Deleting the Highway 5 Corridor Standards, except the setback requirements in the HC-2
district, which are now included in the Design Standards for Commercial, Industrial and Office
Institutional Developments
• Clarifying that it is the Bluff Creek Overlay District, not the Bluff Creek Watershed district or
Bluff Creek Corridor district.
A printed copy of Ordinance No. 377 is available for inspection by any person during
• regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 241h day of May,
•
2004, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong,
�J
AND: v�
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on June 10, 2004)
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
377
AN ORDINANCE AMENDING
CHAPTER 20 OF THE
CHANHASSEN
CITY CODE ZONING
The purpose of this code
amendment is to revise and update
the zoning code of the City of
Chanhassen including:
Deleting definitions which are
now located in Chapter I of the City
Code Affidavit of Publication
Adding Century Boulevard as a
collector road Adding the community Southwest Suburban Publishing
development director and Carver
County Sheriff s Office as authorized
enforcement agents Revising the name of the board of State of Minnesota)
appeals and adjustments
Clarifying duties of the board of )SS.
appeals and adjustments consistent County of Carver )
with state statutes
Replacing references to the
-zoning administrator and planning
director with community
development director Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
Stating that variance and appeals agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
hearings submitttalwill be within 45 days of lager and has full knowledge of the facts herein stated as follows:
Making notice requirements to
lakeshore properties for amendment (A) These newspapers have complied with the requirements constituting qualification as a legal
hearings permissive rather than newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
mandatory amended.
Adding decreasing traffic
visibility or site distance as a criteria (B) The printed public notice that is attached to this Affidavit and identified as No.
in determining variance approval was published on the date or dates and in the newspaper stated in the attached Notice and said
Permitting only allowed uses on Notice is hereby incorporated as art of this Affidavit. Said notice was cut from the columns of
nonconforming use properties after Y rP° P
the nonconformity has expired after the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
12 months of nonuse inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Eliminating variance approval and publication of the Notice:
requirements for nonconforming lots
of, record provided the other abcdefghijklmnopqrstuvwxyz
te4uiremeriU gftho' .zoning co& axe
Deleting building f code and )
certificates of occupancy from the
zoning code since they are required Laurie A. Hartmann
in Chapter 7 of the City Code
Adding zoning compliance
review requirements for ' the
construction of structures which do Subscribed and sworn before me on
not require building permits
Adding the Planned Unit
Development - Residential as a Til
residential zoning district
Requiring that site plan review this —day of AG --- , 2004 W old
submission be a minimum of 30 days
prior to the Planning Commission ���' ft�DU�NZ
meeting NOTARY PUBLIC MINNES01-A
Requiring the building' area My Cemmiss+on ExicBe Jam. 31, 2d05
square footages of different uses as &'
part of the site plan submittal
Requiring documentation that Notary Public
downstream storm water pond is
sufficient to accommodate the
additional storm water from a site
Requiring that rooftop screening
be designed to screen from the
property line or 250 feet, whichever is
greater RATE INFORMATION
Requiring additional signage Lowest classified rate aid b commercial users for comparable space $22.00 per column inch
information as part of the site plan P y P P
Requiring the submittal of Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
lighting photometrics Rate actually charged for the above matter ............................................... $10.85 per column inch
Adding the RLM - Low and
medium density residential district
Adding that the Bluff Creek
Overlay district may not follow lot
lines
Deleting reference to February
19, 1987 for mandatory one-year
commencement or discontinuation of
conditional use permits
Deleting the prohibition for a bed
and breakfast establishment to rent
.to the same individual for more than
seven days
Establishing conditional use
permit criteria for cemeteries,
Noting that the applicant for a
wetland alteration permit is
Requiring a minimum of one
overstory tree in the front yard of
Replacing Health Care Facilities
with Health Services as a permitted
contracting yards, equipment rental,
responsible for obtaining all other
necessary
each residential lot withrin a PUD
use in the BG district
Deleting apparel sales as a
farmers' markets, food processing,
garden centers, golf courses, home
permits
Requiring that persons
Deleting the requirement of an
entrance monument within
Permitted use in the BG district since
improvement trades, hotels, lumber
yards, majorauto repair &body shops,
conducting an activity in a wetland
under an -exemption in Minnesota
residential PUDs
permitting single-family
this is a redundant classification
Adding public and private open
mineral extraction, model homes,
Rule 8420.0122 maintain erosion
attached, cluster, zero lot line,
space as a permitted use in the ,BF
district
motels, motor freight terminals,
research labs, small vehicle ' sales,
control measures, not block fish
activity and comply with applicable
townhouses and similar dwelling
types on sites designed for! low,
Replacing truck/trailer/auto/
supermarkets and temporary
federal, state, and local requirements
Citing correct Minnesota
medium or high -density residential
sporting goods and boat sales with
automotive dealers/rental as a
classrooms
Deleting commercial
Statutes, Chapter 103F for Shoreland
uses by the City of Chanhassen
Comprehensive Plan
conditional use in the BF district
communication tower conditional
use permit criteria since tower
Management
Adding ordinary high water
Providing criteria for the
submittal of concept PUDs
Deleting the term commercial
from antennas in the BF, OI and IOP
criteria are located in Article XXX of
elevation to list of lakes in
Chanhassen
Eliminating the A-1, Agricultural
districts
Deleting professional, business,
Chapter 20 of the Chanhassen City
Code
Adding Assumption Creek, Riley
Preservation District
Deleting "state licensed" from the
and administrative from the Office
Requiring city council approval
Creek and the discharge stream from
listing for group homes
listing as a permitted; use in the OI
district
for outdoor speaker systems at
Lotus Lake to list oftributary streams
in Chanhassen
. Reducing the maximum height
Adding public open space as a
wholesale nurseries
Clarifying that the ,250-foot gas
Noting that the underlying
for principal structures in the A2,
RR, RSF, R4, R8, R12 and R16 zoning
Permitted use in the OI district
pumps separation requirement are
zoning district establishes the
minilnum lot size requirements for
districts from 40 to 35 feet and for
Deleting public buildings a§ a
Permitted use in 'the OI district ,
from.pumps on separate parcels
Relocating interim use permit
lots abutting rivers and streams
accessory structures in the A2 and
RR zoning districts
Replacing body shops with
criteria to Chapter 20, Article IV
Division 5, from Chapter 20, Article
Noting that
g
setback for water -oriented structures
Chan the term "mobile" to
gig
"manufactured" home
automotive repair shops as; a
P P
permitted use in the IOP district,
V, Division 5 �
is from the ordinary high water
elevation of lakes
Deleting public buildings as a
Replacing light manufacturing
with light industrial as a permitted
Noting that city wetland mgps
show only the approximate location
Noting the "structure" setback
conditional use in the RR zoning
district
use in the IOP district
of wetlands
from other features in the shoreland
management district
Adding public and private parks
Replacing printers with print
shops as a permitted use in the IOP
Adding excavation as an.activity
that constitutes a wetland -iteration
Specifying that shoreland
as a permitted use in the RSF zoning
district
district
p�1�rruu
Adding that princi s ctures
mustbeaminunumofhreefeetabove
alterationvegetation shall include but
not be limited to rasses forbs
g
Deleting "state licensed" from the
list for y dare
Deleting communicat n
transmission towers and put�ilic
buildings as a conditional use in e
g
the ordmar�high.-water elevatnon of
shrubs, trees and vines
� ding the, provision of single-
IOP district
avetland
Revising--1hat<=boardwalks must
Requiring preservation of
existing shading of water surfaces
family detached and attached
residential as the intent of the R4
Replacing references to the
be a minimufn ofeft, fiOgio ;m the i
ordinary high water elevation or
along rivers and streams
Prohibit clear cutting as part of
district
Deleting boarding houses as an
uniform building code as adopted 4nd
amended the city witl�n Minnespta
ground level and that docks may only
shoreland alterations
interim use in the R4 district
Sta_ to Building Code
Deleting is al
be extended into the lake from the
edge of a wetland that surrounds the
Noting that . topographic
alterations/grading and filling shall
Adding the "RLM" Residential
Low and Medium Density District
g ills i
retaining
and adding retaining walls N ck
lake
also be governed by Chapter 7 of the
Eliminating boarding houses as
t
exception to the front yard setbck
Requiring buffer strips of 35 -100
feet around pristine wetlands, 20- 30
Chanhassen City Code
Requiring the upgrading or
a conditional use in the R8 district
Replacing Ifealth Care Facilities
exemptions
o
Prohibiting structures L_g
feet around natural w4fiands and 16.5
replacement of any nonconforming
with Health Services as a .concUtional
encroach into easements and add
list of structures which mayAe
20 feet around �� ids
wiithaminimumaverage bufferwidth
septic system within three (3) years
of determination of noncompliance
Permitting the use of
use in the R12 and.R16 dis
Adding "te�tnporary" t real
- ' listing
Permitted within an easement th
an encroachment agreement
demand
estate office and.model
Clarifying that the storag of
of lg,y�estaro�dag/urbanw�ands;
Noting that impacts affecting a
transportation management
strategies as part of a Planned Unit
R12district
as an interim =-*
Deletinghouses as an
'
boats, all -terrain vehicles,
snowmobiles and trailers may be
wetland must comply withMiru�ewta
Development (PUS
leting „.
inte m the Rl2 district
`'D "commercial"
stored in the side or rear yard behind
Rule 8420
Including wetland sequencing
th s161ity tw .
io 25 percent of the building floor area
- eleting the word
from 6*6r..4ses as a conditional use
the required front setback, if owned
by a resident owner or lessee of the
flexibility criteria
lte uiringawetlandreplacement
for land uses not designated in the -
comprehensive plan as part of a PUD
in the R16, BH; .}h' and IOP districts
Adding aritex a, home
� Property
plan or other city approval prior to
wetland impacts
Permitting PUDs on properties
of less than five acres if located on a
furnishings and offices ft mermitted
$
Adding PODS (personal on -
demand storage) standards
Requiring that wetland filling
collector, minor or principal arterial
roadway
� �
Adding requirement that wall -
mounted lights must have..9degree
comply with the Wetland
Conservation Act and shall not alter
the hydrological patterns in the
Specifying that Density within a,p'
PUD shallbe calculated on net acreage
g
�
�� -uP
or less cutoff angle and be shielded_0.
Prohibiting itung ung
remainder of the wetland if a portion
Permitting density transfer in
ill
diN®ctedskywar`d 4kcepty or tmg
cle American Flag
of the wetland remains
Deletingsection that permitted
P
single-family detached area will be
evaluated using the items listed in
permitted uses in. the BN district,
Changing telecon ie equipment
storm water runoff to discharge
section 20-506 or 20-508
Permitting density ranges to be
Adding motor fuel station ag a
use in the BN district
buildings from a conditional to an
ancillary use in all zoning districts
directly into a wetland
Requiring that wetland impact
exceeded for the provision of
conditional
Reclassifying retail shops as
subject to certain standards
Adding rampingon
mitigation standards found in
Minnesota Rule 8420.0550 shall be
affordable housing pursuant to
Policies of the city's affordable
specialty retail shop in the BH ,
Changing auto services center to
�
Public or private lands . ; A
followed
Stipulating that replacement
housing goals
Stating that incentives may be
automotive repair shop as a
conditional use in the BH district,
Requiringpermjtsforpertnantnt
fences, exempting tempotary fences
atnd
wetlands must replace the wetland
approved contingent upon the
developer and the city entering into
Deleting screened from outdoor
storage classification in the BH ,,BF
from the permit requirement
requiring a building permit for fences
function and value that are lost from
a wetland that is drained or filled
an agreement to ensure that the low
,
and IOP districts -
in excess of six feet and retainig
walls excess of four feet ;
Requiring that wetland
replacement shall be ratios set forth
d moderate income housing be
available for a specific period of time
Adding antenna as a permitted
use in the CBD district I
Adding retaining walls to e
in Minnesota Rule 8420.0541
Including design standards as
Replacing Health Care Facilities
location restriction for fences
Adding the requirement for n
Requiring annual reports to the
part of a PUD agreement
Requiring that developers show
with Health Services as a permitted
in the CBD district '
encroachment agreement for fen es
City for replacement wetlands in
Chanhassen for at least 5 years or
a 60-foot by 60-foot building pad within
use
'Deleting retail shops, personal
and retaining walls in city easeme*ts
Prohibiting private fences in the
until the replacement wetland is
standard single-family residential
g y
service establishments and apparel
,
public right-of-way ;
deemed by the TEP to be fully
-PUDS -
sales as permitted uses since they are
classifications of uses
Requiring that fences be located
functional
- -
redundant,
Adding antenna, dware goods
outside wetland buffer areas I
Providing location requireme*ts
and print shop uses in
the BG district=._;¢ }
for temporary fences
Requiring that retaining wallsjin
excess of four feet in height Pe
constructed in accordancewith plans
prepared by a registered engineer;or
landscape architect and shall be
constructed of a durable material 1
Specifying that only the first 412
feet of building height of;a one-st '
building shall be used to calc to
fagade area of a building' for fag e
transparency purposes
Adding setback requirements r
sexually oriented businesses
Requiring that the minimim
driveway distances from str 'Te
t
intersections shall comply withe
minimum distances provided' in
most recent issue of the Institute # of
Transportation Engineers
publications
Requiring the minimum parking
stall width of nine feet
Requiring the minimum drive
aisle width of 15 feet for drive aisle
serving 45 degree parking stalls
Modifying standards +r
multifamily parking
Changing , office park ag
standards to five per 1,000 square iet
for the first 50,000 square fee of
building area and noting that parkin
shall be calculated excluding he
common areas of an office build" g
Requiring that landscape islaYds
or peninsulas in parking lots bt a
minimum of 10 feet wide
Specifying that evergreens used
as understory trees be a minimum of
six feet and eight feet if used as4an
overstory tree 4
Deleting the tables of acceptc+le
landscaping materials 4
Noting that variance and s Vgpermit fees are in Chapter 4 of
Chanhassen City Code ' i
Noting that the fee for removng
rummage sale signs by the city is e
same as for a sign permit whit is
established in Chapter 4 of he
Chanhassen City Code
Establishing criteria for 'off
nrelmicao
se
or sale or ` 'homes, tc.
Citing the 1997 edition of he
Uniform Sign Code
Adding the RLM and distr is
as residential districts for signag
Providing that a ea
identification/entrance signs sh be
Made of low maintenance and h gh
s
ty matey
,?mviding that in n mlti-t
gswha I vidualen
&.not front a public street, a wall sign
shay . shall be permitted on the
entrance facade
. Adding paths as a structure that
may be constructed in a bluff
protection area
Deleting the Highway 5 Corridor
Standards, except the setback
equirem'ents in the HC-2 district,
,'which are now included in the Design
Standards for Commercial, Industrial
:•land Office Institutional
Developments
;4 Clarifying that it is the Bluff
-Xreek Overlay District, not the Bluff
Creek Watershed district or Bluff
creek Corridor district.
A printed copy of Ordinance No.
P..�77 is available for inspection by any
person during regular office hours at
the office of the City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
is 24thday of May, 2004, by the City
Council of the City of Chanhassen.
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
,AND: Todd Gerhardt, City
Manager/ Clerk
(Published in the Chanhassen
Villager en Thursday, June 10, 2004;
No. 4202)