Ordinance 423CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.423
AN ORDINANCE AMENDING CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-58 (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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 500 feet of it. The intent of this provision is not to allow a proliferation of
variances, but to recognize that in developed neighborhoods preexisting standards exist.
Variances that blend with these preexisting standards without departing downward from them
meet these criteria.
Section 2. Section 20-72 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
(a) Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, may be continued, including
through repair, replacement, restoration, maintenance, or improvement, but not including
expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period of more than one year; or
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50
percent of its market value, and no building permit has been applied for within 180 days of
when the property is damaged. In this case, the city may impose reasonable conditions upon
a building permit in order to mitigate any newly created impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or
safety. This section does not prohibit the City from enforcing an ordinance that applies to adults -
only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance.
(c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, maintenance,
improvement, or expansion of nonconforming uses and structures in floodplain areas to the
isextent necessary to maintain eligibility in the National Flood Insurance Program and not increase
flood damage potential or increase the degree of obstruction to flood flows in the floodway.
(d) Notwithstanding any other provisions of this chapter, any detached single-family dwelling
. that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or
expanded provided, however, that the nonconformity may not be increased. If a setback of a
dwelling is nonconforming, no additions may be added to the nonconforming side of the building
unless the addition meets setback requirements.
(e) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if
approved by the city council a nonconforming land use may be changed to another
nonconforming land use of less intensity if it is in the public interest. In all instances the
applicant has the burden of proof regarding the relative intensities of uses.
Section 3. Section 20-73 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
(a) 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.
(b) Except as otherwise specifically provided for detached single-family dwellings, there shall
be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
(c) If two or more contiguous lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this chapter for lots in the district, the contiguous lots
shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel
is sold, the sale shall constitute a self-created hardship under the variance provisions of this
chapter.
Section 4. Section 20-645 (5) (a) 3) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
For side yards, five feet on garage side and 10 feet on house side. Minimum separation between
structures on adjacent parcels shall be 15 feet.
Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-905 (6), which shall read as follows:
Where access doors are proposed from a dwelling to the outdoors, which does not connect
directly to a sidewalk or stoop, a minimum 10 feet by 10 feet hard surface area shall be assumed.
Such hard surface area must be shown to comply with required property line, lake and wetland
setbacks; may not encroach into conservation or drainage and utility easements; and shall not
bring the site's hard surface coverage above that permitted by ordinance.
Section 6. Section 20-909 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
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Continued storage of boats, all -terrain vehicles, snowmobiles and trailers may be stored in the
side or rear yard, if owned by a resident owner or lessee of the property and subject to the
following:
a. Such storage may not extend beyond the front of the principle structure.
b. On corner and double frontage lots, the front of the structure shall be defined as the side
accessed by a driveway to the public street.
Section 7. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-1019 (e), which shall read as follows:
Bluffs. No fences shall be permitted within the 30-foot bluff setback.
Section 8. Section 20-1124 f. 2. (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Two -bedroom and larger units --Two stalls, one must be completely enclosed in a garage.
Section 9. Section 20-1255 (6) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
isNonilluminated construction signs confined to the site of the construction, alteration or repair.
Such a sign must be removed within one year from the date of issuance of the first building
permit on the site, and may be extended until the project is completed. One sign shall be
permitted for each street the project abuts. Commercial and industrial signs may not exceed 50
square feet in sign area, and residential construction signs may not exceed 24 square feet in sign
area. Where a nonilluminated construction sign and a temporary development project
advertising sign are proposed at the entrance to the project, such signage shall be combined on
one sign with a maximum sign area of 64 square feet.
Section 10. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-1255 (9) h., which shall read as follows:
Where a nonilluminated construction sign and a temporary development project advertising sign
are proposed at the entrance to the project, such signage shall be combined on one sign with a
maximum sign area of 64 square feet.
Section 11. Section 20-1267 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All permanent signs shall be designed and constructed in a uniform manner and, to the extent
possible, as an integral part of the building's architecture. Multitenant commercial and industrial
buildings shall have uniform signage. When buildings or developments are presented for site
• plan review, proposed signs for the development should be presented concurrently for staff
review. All planned centers and multitenant buildings shall submit a comprehensive sign plan
for approval by the planning commission and city council. All signage shall use individual
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dimensional letters, at least one-half (1/2) inch in depth, and logos, be back lit if a wall sign is
illuminated, and be architecturally compatible with the building and other signage if in a
multitenant building. Company symbols, display messages, pictorial presentations, illustrations,
or decorations (anything other than wording) shall not occupy more than 15 percent of the sign
display area.
Section 12. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 12`h day of June, 2006, by the City Council of the City of
Chanhassen, Minnesota
T d Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on July 6, 2006)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.423, AN ORDINANCE
AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE
ZONING
The purpose of this code amendment to Chapter 20, Zoning, of the Chanhassen City Code,
is to correct language in the variance criteria, makes the nonconforming uses and structures
consistent with state statute, require a minimum 15 foot setback between single-family structures on
adjacent properties zoned RLM, add requirements for single-family homes that a minimum 10 foot
by 10 foot impervious area be assumed at access doors to the homes that must comply with
impervious area, setbacks and remain outside easements, clarify that trailers may not be stored in
front of the principle structure on a property, prohibit fences in the bluff setback area, reduce the
number of enclosed parking spaces require for multi -family units from 1.5 to 1 (consistent with
previous ordinance language), connect and limit construction signs and temporary project
advertising signs if both are proposed for a project, and establish a'/z inch minimum dimension
requirement for individual dimension letters.
A printed copy of Ordinance No. 423 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 26"' day of June,
2006, by the City Council of the City of Chanhassen.
Todd Gerhardt, City Manager
(Published in the Chanhassen Villager on July 6, 2006)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
423, AN ORDINANCE
AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE
ZONING
The purpose of this code
amendment to Chapter 20, Zoning, of
the Chanhassen City Code, is to
correct language, in the variance
criteria, makes the nonconforming
uses and structures consistent with,
state statute, require a minimum 15
foot setback between single-family
structures on adjacent properties
zoned RLM, add requirements for
single-family homes that a minimum
10 foot by 10 foot impervious nea be
assumed at access doors to the homes
that must comply with impervious'
area, setbacks and remain outside
easements, clarify that trailers may
not be stored in front of the principle
structure on a property, prohibit
fences inthe bluffsetback area, reduce
thenumberofenclosedparkingspaces
require, for multi -family units from
1.5 to 1 -(consistent with previous
ordinance language), connect and
limit construction signs and
temporary project advertising signs
if both are proposed for a project, and
establish a % inch minimum
dimension requirement for
individual dimension letters.
A printed copy of Ordinance No.
423 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 26t' day of June, 2006, by the City
Council of the City of Chanhassen.
Todd Gerhardt, City Manager
(Published inthe Chanhassen Villager
on Thursday, July 6, 2006; No. 4688)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
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(B) The printed public notice that is attached to this Affidavit and identified as No. Z/� ti
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghij klmnopgrstuvwxyz
By:
Laurie A. Hartmann
Subscribed and sworn before me on
this day of 112fZel, 2006
I
r�
Notary Public f%1
GWEN M. RADUENZ
lie. NOTARY PUBLIC - MINNESOTA
My Commission Eoes Jan. 31, 2010
_l
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Maximum rate allowed by law for the above matter ................................ $40.00 per column inch
Rate actually charged for the above matter ............................................... $11.51 per column inch