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Ordinance 0470 if ORDINANCE NO. 47 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION AND THE USE OF BUILDINGS AND THE ARRANGEMENT THEREOF ON LOTS, AND THE DENSITY OF POPULATION IN THE VILLAGE OF CHANHASSEN, 10 MINNESOTA. Russell H. Larson Chanhassen Village Attorney 0 _ TABLE OF CONTENTS Page PURPOSES AND INTENT 1 TITLE 1 SCOPE AND INTERPRETATION 3.01 Scope 1 3.02 Non -Conforming Use 1 3.03 Interpretation 2 RULES AND DEFINITIONS 4.01 Rules 2 4.02 Definitions 2 CLASSIFICATION OF ZONING DISTRICTS 5.01 Zoning Districts 3 5.02 Zoning Map 3 5.03 District Boundaries 4 5.04 Compliance 4a R-lA AGRICULTURAL RESIDENCE DISTRICT 6.01 Purpose 5 6.02 Permitted Uses 5 6.03 Accessory Uses 5 6.04 Uses by Conditional Use Permit 6 6.05 Height, Yard, Area and Lot Width Uses by Conditional Use Permit and Depth Regulations 7 6.06 Parking 8 6.07 General Regulations 8 6.08 Boundaries of the R-lA Agricultural 7.06 District 8 R-1 SINGLE FAMILY RESIDENCE DISTRICT 7.01 Purpose 9 7.02 Permitted Uses 9 7.03 Accessory Uses 9 7.04 Uses by Conditional Use Permit 9 7.05 Height, Yard, Area and Lot Width and Depth Regulations 10 7.06 Parking 12 7.07 General Regulations 12 7.08 Boundaries of the R-1 Residence District 12 R-2, R-3 AND R-4 MULTIPLE RESIDENCE DISTRICTS 8.01 Purpose 13 8.02 Permitted Uses 13 8.03 Accessory Uses 14 8.04 Uses by Conditional Use Permit 14 8.05 Height, Yard, Area and Lot Width and Depth Regulations 15 8.06 Building Design and Construction 17 • Page is 8.07 Parking 22 8.08 General Regulations 22 8.09 Boundaries of the R-2, R-3 and R-4 Residence Districts 22 C-1 OFFICE BUILDING DISTRICT 9.01 Purpose 23 9.02 Permitted Uses 23 9.03 Accessory Uses 23 9.04 Uses by Conditional Use Permit 24 9.05 Height, Yard, Area and Lot Width • 12.05 Height, Yard, Area and Lot Width and Depth Regulations 25 9.06 Building Design and Construction 26 9.07 Parking 29 9.08 Landscaping 32 9.09 General Regulations 32 9.10 Boundaries of the C-1 Office Building District 32 C-2 COMMERCIAL DISTRICT 10.01 Purpose 33 10.02 Permitted Uses 33 10.03 Accessory Uses 33 10.04 Conditional Uses 34 10.05 Height, Yard, Area and Lot Width and Depth Regulations 36 10.06 Building Design and Construction 37 10.07 Parking 38 10.08 Landscaping 40 10.09 General Regulations 40 10.10 Boundaries of the C-2 Commercial District 41 C-3 COMMERCIAL SERVICE DISTRICT 11.01 Purpose 42 11.02 Permitted Uses .42 11.03 Accessory Uses 43 11.04 Conditional Uses 43 11.05 Height, Yard, Area and Lot Width • 12.05 Height, Yard, Area and Lot Width and Depth Regulations 44 11.06 Building Design and Construction 45 11.07 Parking 45 11.08 Landscaping 48 11.09 General Regulations 48 11.10 Boundaries of the C-3 Commercial Service District 49 I-1 INDUSTRIAL DISTRICT 12.01 Purpose 50 12.02 Permitted Uses 50 12.03 Accessory Uses 50 12.04 Conditional Uses 51 • 12.05 Height, Yard, Area and Lot Width and Depth Regulations 51 12.06 Building Design and Construction 53 12.07 Performance Standards 54 12.08 Parking 58 0 0 Page 12.09 Landscaping 61 12.10 Outside Storage 61 12.11 General Regulations 62 12.12 Boundaries of the I-1 Industrial District 62 SECTION 13. Reserved for Future Use 63 P-1 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT 14.01 Objectives 64 14.02 Permitted Uses 65 14.03 Accessory Uses 65 14.04 Conditional Uses 65 14.05 Procedure for P-1 Planned Development District Zoning, Residential Development District Platting and Development Zoning, Platting and Development 66 14.06 Revisions and Changes 74 14.07 Annual Review 75 14.08 Building Design and Construction 75 14.09 Common Open Space 75 14.10 General Regulations 76 14.11 Boundaries of the P-1 Planned PLANNED COMMUNITY DEVELOPMENT DISTRICT Residential Development District 76 P-2 PLANNED UNIT DEVELOPMENT DISTRICT 15.01 Objectives 77 15.02 Permitted Uses 77 15.03 Accessory Uses 77 15.04 Procedure for P-2 Planned Unit Development District Zoning, Platting and Development 78 15.05 Building Design and Construction 78 15.06 Land Use Intensity 78 15.07 Common Open Space 79 15.08 General Regulations 79 15.09 Boundaries of the P-2 Planned Unit Development District 79 PLANNED COMMUNITY DEVELOPMENT DISTRICT 16.01 Objectives 80 16.02 Permitted Uses 80 16.03 Accessory Uses 81 16.04 Procedure for P-3 Planned Community Development District Zoning, Planning and Development 81 16.05 Building Design and Construction 81 16.06 Land Use Intensity 82 16.07 Common Open Space 82 16.08 General Regulations 82 16.09 Boundaries of the P-3 Planned Community Development District 82 F-1 FLOOD PLAIN & WATERCOURSE DISTRICT 18.01 Purpose 88 18.02 Definitions 88 18.03 Permitted Uses 89 18.04 Regulations 89 18.05 General Regulations 90 18.06 Boundaries of the F-1 Flood Plain & Watercourse District 90 GENERAL REGULATIONS 19.01 Regulations and Interpretations 91 19.02 Signs 91 19.03 Yards 91 19.04 Accessory Buildings P age • Height 93 19.06 Landscaping P-4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT 19.07 Swimming Pools 17.01 Objectives 83 95 17.02 Permitted Uses 83 19.10 17.03 Accessory Uses 84 of Structures 17.04 Procedure for P-4 Planned Industrial Projecting and Roof Mounted Development District Zoning, Equipment 96 19.12 Planning and Development 85 19.13 17.05 Building Design and Construction 86 Requirements 17.06 Performance Standards 86 97 17.07 Common Open Space 86 19.16 17.08 General Regulations 86 Districts 17.09 Boundaries of the P-4 Planned Certificate of Occupancy 98 Industrial Development District 87 F-1 FLOOD PLAIN & WATERCOURSE DISTRICT 18.01 Purpose 88 18.02 Definitions 88 18.03 Permitted Uses 89 18.04 Regulations 89 18.05 General Regulations 90 18.06 Boundaries of the F-1 Flood Plain & Watercourse District 90 GENERAL REGULATIONS 19.01 Regulations and Interpretations 91 19.02 Signs 91 19.03 Yards 91 19.04 Accessory Buildings 92 19.05 Height 93 19.06 Landscaping 94 19.07 Swimming Pools 94 19.08 Automobile Service Stations 95 19.09 Basement Homes 95 19.10 Moving, Alteration or Wrecking Exceptions of Structures 95 19.11 Projecting and Roof Mounted Equipment 96 19.12 Transmission Lines 96 19.13 Planned Unit Development Requirements 97 19.14 Uninhabitable Land 97 19.15 Zoning Lot Limitation 97 19.16 Outside Storage in Residential Districts 98 19.17 Certificate of Occupancy 98 NON -CONFORMING USES 20.01 Continuation 99 20.02 Enlargement or Alteration 100 20.03 Restoration 100 20.04 Termination of Use 101 20.05 Junk Yards 101 . 20.06 20.07 Normal Maintenance Public Utility Buildings; 101 Exceptions 101 1 P age COMMON OPEN SPACE 21.01 21.02 Definition Dedication of Common Open Space 102 102 21.03 Non -dedicated Common Open Space 102 BOARD OF ADJUSTMENS AND APPEALS; VARIANCES 112 22.01 Creation and Membership 106 22.02 Powers and Duties 106 22.03 Appeals 108 22.04 Procedures 108 22.05 Revocation 110 CONDITIONAL USE PERMITS 23.01 Purpose 111 23.02 Initiation of Conditional Use 112 23.03 Application for Conditional Use 112 23.04 Hearing on Application 112 23.05 Authorization 113 23.06 Standards 113 23.07 Conditions and Guaranties 114 23.08 Revocation 114 23.09 Denial of Conditional Use 115 23.10 Conditional Use Permit Fees 115 AMENDMENTS 24.01 Purpose 116 24.02 Initiation 116 24.03 Application 116 24.04 Public Hearing; Notice and Procedure 117 24.05 Action by Planning Commission 118 24.06 Action by Council 118 24.07 Referral to Planning Commission 119 24.08 Effect of Denial 119 24.09 Fees 119 ADMINISTRATION AND ENFORCE14ENT 25.01 Enforcing Officer 121 25.02 Zoning Administrator; Duties 121 SEPARABILITY 122 VIOLATIONS AND PENALTIES 27.01 Violations and Penalties 122 27.02 Enforcement 123 REPEAL 124 EFFECTIVE DATE 124 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 47 AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION AND THE USE OF BUILDINGS AND THE ARRANGEMENT THEREOF ON LOTS, AND THE DENSITY OF POPULATION IN THE VILLAGE OF CHANHASSEN, MINNESOTA. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: SECTION 1. PURPOSES AND INTENT. This ordinance is enacted for the purpose of promoting the health, safety, order, convenience and general welfare of the residents of the Village by regulating the use of land, the location and use of buildings and the arrangement thereof on lots, by controlling the density of population and by avoiding environmental pollution. SECTION 2. TITLE. This ordinance shall be known and may be cited and referred to as the "Chanhassen Zoning Ordinance". SECTION 3. SCOPE AND INTERPRETATION. 3.01 Scope. From the effective date of this ordinance, the use of all land and every building erected, altered, enlarged or relocated, and every use within a building, or use accessory thereto, in the Village shall be in conformity with the provisions of this ordinance. 3.02 Non -Conforming Use. Any existing use of land or any 40 existing building not in conformity with the regulations prescribed herein shall be regarded as a non -conforming use, and shall be subject to the regu- a C� J • • lations prescribed herein governing non -conforming uses. 3.03 Interpretation. This ordinance shall be held to establish minimum standards for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater re- strictions than this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. The standards established by this ordinance are not intended to repeal, abrogate, annul or impair private agreements or restrictive covenants is which are equal to or more restrictive than the standards hereby established, except that the most restrictive shall apply. SECTION 4. RULES AND DEFINITIONS. 4.01 Rules. For the purposes of this ordinance, words used in the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "lot" shall include the words "plot%, "parcel" and "tract"; the word "shall" is mandatory; and the word "may" is discretionary. 4.02 Definitions. For the purposes of this ordinance, certain terms and words are defined as follows: -2- 0 ' 0 • ACCESSORY USE OR STRUCTURE: An accessory use or structure is a use or structure subordinate to and serving the principal use or structure on the same lot and clearly and customarily incidental thereto. AGRICULTURE: Agriculture is the cultivation of the soil and all activities incident thereto. Said term shall not include the raising and feeding of , hogs by feeding garbage thereto, the raising of fur -bearing animals, nor the operation of riding academies, commercial stables or kennels. ALTERATION: Alteration is any change in size, shape, character, or use of a building or structure. APARTMENT: Apartment is a room or suite of rooms in a multiple dwelling structure which is arranged, designed, used or intended to be used as a dwelling unit for a single family. AUTOMOBILE SERVICE STATION: Automobile service station is a retail place of business engaged primarily in the sale of motor vehiclesfuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive • accessories, and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair. BASEMENT: Basement is a portion of a building located partially underground, but having half or less than its floor to ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story, except that a basement the ceiling of which does not extend more than 5 feet above the curb level or above the highest level of the adjoining ground shall not be counted as a story. BOARD: Board is the Board of Adjustments and Appeals of the Village of Chanhassen. BUILDING: Building is any structure built for the support, shelter, or enclosure of persons, animals or personal property of any kind and which is permanently affixed to the land, and which building provides a permanent protection against the elements. BUILDING, COMPLETELY ENCLOSED. A completely enclosed building is a building separated on all sides from the adjacent open space or from other build- ings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors. BUILDING, DETACHED: A detached building is a building surrounded by an open space on the same lot. -2a- • BUILDING HEIGHT: Building height is the vertical distance from the curb level, or its equivalent, opposite the center of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. If one side of the street, between intersecting streets , is partially built up with buildings at the time of the adoption of this ordinance, the height of building may be measured from the elevation of ground at the center of the front of the next adjoining building if there are buildings on one side only or the average of the elevation of ground at the center of the front of the adjacent buildings on each side. On through lots or corner lots, height of building shall be measured from the lowest curb or ground level as established above. BUILDING, PRINCIPAL: A principal building is a non -accessory building in which a primary use of the lot on which it is located is conducted. BUILDING, RESIDENTIAL: A residential building is a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families, and which includes, but is not limited to, the following types: 1. Single family dwellings. is 2. Two family dwellings. 3. Multiple family dwellings. 4. Townhouses. CAR PORT: A car port is a roofed automobile shelter opened on at least two sides, usually formed by extension of the roof from the side of a building. CHURCH: A church is a building for public worship, and includes a synagogue. CLINIC: A clinic is a building in which a group of physicians, dentists, or physicians and dentists and allied professional assistants are associated for carrying on their profession. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery. CLUB OR LODGE, PRIVATE: A private club or lodge is a non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases the building or a portion thereof; the use of such premises being re- stricted to members and their guests. The affairs and management of such private clubs or lodges shall be conducted by a board of directors, an execu- tive committee, or a similar body chosen by the members. It shall be per- missible to serve food and meals on such premises, provided adequate facilities • are available. Where properly licensed under Village ordinances, the consumption of alcoholic or non-alcoholic malt beverages by the members of such club or lodge, or their guests , shall be permitted. -2b- CONFORMING BUILDING OR STRUCTURE: A conforming building or structure is any building or structure which complies with all the regulations of this ordi- nance or any amendment thereto governing the zoning district in which such building or structure is located. CONVALESCENT, NURSING AND REST HOME: A convalescent home, a nursing home, or a rest home is a home for aged, chronically ill, or convalescent persons in which two or more persons not of the immediate family are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. COUNCIL: Council is the Village Council of the Village of Chanhassen. CURB LEVEL: The curb level for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the Village Engineer shall establish such curb elevation. When a building has frontage on more than one street, the lowest curb level as determined above shall apply. DISTRICT: A district is a portion of the corporate area of the Village within which is certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this ordinance. DRIVE-IN ESTABLISHMENT: An establishment of the drive-in type is one which accommodates the patrons' automobiles, from which the occupants may receive a service or obtain a product which may be used or consumed in the vehicle on the same premises. DWELLING: A dwelling is a building or portion thereof designed or used ex- clusively for human habitation, including single family, two family, multiple family and townhouse dwellings, but not including hotels or motels. _DWELLING, ATTACHED: An attached dwelling is one which is joined to another dwelling or building at one or more sides by a party wall or walls. DWELLING, DETACHED: A detached dwelling is one which is entirely surrounded by open space on the same lot. DWELLING UNIT: A dwelling unit consists of one or more rooms which are arranged, designed, or used exclusively as living quarters for one family only. Complete single kitchen facilities and individual bathrooms, permanently installed, shall always be included with each dwelling unit. -2c- DWELLING, SINGLE FAMILY: A single family dwelling is a building designed for or occupied exclusively by one family and containing one dwelling unit only. DWELLING, TWO FAMILY: A two family dwelling is a building designed for or occupied exclusively by two families and containing two dwelling units only. _DWELLING. MULTIPLE FAMILY: A multiple family dwelling is a building designed for or occupied by more than three families and containing three or more dwelling units, but not including a motel or hotel. EFFICIENCY UNIT: An efficiency unit is a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room. FAMILY: A family is an individual or two or more persons related by blood, marriage, or adoption, including foster children and bona fide domestic servants employed on a full time basis by the family in the dwelling unit, living together as a single housekeeping unit in a dwelling unit. FENCE: A fence is a structure providing enclosure but not protection against the elements. 4kFENCE, SOLID: A solid fence is a fence which provides a visual barrier between adjacent property and the area enclosed. FINANCIAL INSTITUTION: A financial institution is a commercial banking estab- lishment or savings and loan association chartered by the State of Minnesota or the United States. FOSTER CHILD: A foster child is one placed in a private home for care and maintenance by a parent, guardian, or a duly accredited and established public or private welfare agency. FREIGHT TERMINAL: A building or area in which freight is transferred or stored for movement in intrastate or interstate commerce. GARAGE, PRIVATE: A private garage is a detached accessory building or portion of the principal building, including a car port, which is used primarily for storing passenger vehicles. GARAGE, PUBLIC: A public garage is a building used for the storage or care of power driven vehicles, or where such vehicles are equipped for operation, repair, or kept for storage, hire or sale. GRADE: Grade is an average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. -2d- GREENHOUSE: A greenhouse is a structure used for the cultivation or protection of flowers, vegetables and nursery stock. HOME OCCUPATION: Home occupation is any occupation or profession carried on by a member of the immediate family residing on the premises in connection with which there is no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no commodities sold upon the premises and no person employed therein other than a member of the immediate family residing on the premises or domestic servants; and no mechanical or electrical equipment shall be used except such as is normally used for purely domestic or professional purposes. No accessory building shall be used for such home occupation. Clinics, hospitals, barbershops, beauty parlors and animal hospitals are not home occupations. HOSPITAL: An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. HOTEL: Hotel is a building containing 12 or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. JUNK YARD: Junk yard means an area where used, waste, discarded or salvaged materials are bought, s old , exchanged, stored, baled, cleaned, packed, dis- assembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. A junk yard includes an automobile wrecking or dismantling yard, but does not include uses estab- lished in conjunction with a permitted manufacturing process when within an enclosed area or building. LOADING SPACE: Loading space is that portion of a lot designed to serve the purpose of loading or unloading all types of vehicles. LOT: A lot is a zoning lot, except as the context shall indicate a lot of record in which case a lot is a lot of record. LOT OF RECORD: A lot of record is a lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or Registrar of Titles; or a parcel of land, the deed to which was recorded in the office of the Register of Deeds or Registrar of Titles prior to the adoption of this ordi- nance. LOT, CORNER: A corner lot is a lot situated at the intersection of two streets. -2e- • LOT, THROUGH: A through lot is a lot having a pair of opposite lot lines along two more or less parallel public streets. On a through lot both street lines shall be deemed front lot lines. LOT, ZONING: A zoning lot is a single tract of land which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a lot of record. LOT AREA: Lot area is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river. LOT DEPTH: Lot depth is the average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. LOT WIDTH: Lot width is the minimum horizontal distance between the side lot lines of a lot measured at the required front yard set -back line. The front lot line shall be that boundary of a lot which is along an existing or dedicated public street. A corner lot where interior lots of record exist on both of the intersecting streets shall provide for a front yard on both street frontages. LOT LINE REAR: The rear lot line is that boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. LOT LINE SIDE: The side lot line is any boundary of a lot which is not a front line or a rear lot line. MOTEL, MOTOR COURT, MOTOR HOTEL: A motel, motor court or motor hotel is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists, and furnishing customary hotel services. MOTOR VEHICLE: A motor vehicle is any passenger vehicle, truck, truck -trailer, trailer or semi -trailer propelled or drawn by mechanical power. NON -CONFORMING USE: A non -conforming use is any use of land, buildings, or structures lawfully existing at the time of adoption of this ordinance which use does not comply with all the regulations of this ordinance or any amendment hereto governing the zoning district in which such use is located. NOXIOUS MATTER OR MATERIAL: Noxious matter or material is material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. -2f- 0 • • ODOROUS MATTER: Odorous matter is any material or matter that yields an odor which is offensive in any way. PERFORMANCE STANDARD: A performance standard is a criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards , or glare or heat generated by or inherent in uses of land or buildings. PERSON: Person is any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee or other similar representative. PLANNING COMMISSION: Planning Commission is the Planning Commission of the Village of Chanhassen. PROPERTY LINES: Property lines are the lines bounding a zoning lot as defined herein. RESEARCH LABORATORY: A research laboratory is a building, or group of build- ings , in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products , except as indidental to the main purpose of the laboratory. SETBACK: Setback is the minimum horizontal distance between the front line of the building or structure and the front property line. STREET: A street is a public right-of-way which affords a primary means of access to abutting property. STRUCTURE: A structure is anything erected, the use of which requires more or less permanent location on the ground, or attached to something having perma- nent location on the ground. STORY: Story is that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. STRUCTURAL ALTERATION: A structural alteration is any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as bearing walls, columns, beams, girders or foundations. TOWNHOUSE: Townhouse is a multiple residence building consisting of three or more dwelling units having the first story at the ground level with no separate dwelling units directly above or below and with each dwelling unit separated Mfrom the adjoining unit by a masonry wall or walls with no openings and ex- tending from the basement to the roof. -2g- • TOXIC MATTER OR MATERIAL: Toxic matter or material are those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. USE: The use of property is the purpose or activity for which the land or buildings thereon are designed, arranged or intended, or for which it is occupied or main- tained, and shall include any manner of performance of such activity with respect to the performance standards of this ordinance. USE, PERMITTED: A permitted use is a use which may be lawfully established in a particular district or districts , provided it conforms with all requirements , regulations and performance standards of such district. USE, PRINCIPAL: A principal use is the main use of land or buildings as distin- guished from subordinate or accessory uses. VARIANCE: A variance is a modification or variation of the provisions of this ordinance as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. WAREHOUSING: Warehousing is the commercial storage of merchandise and personal property. WHOLESALING: Wholesaling is a business engaged in selling to retailers or jobbers rather than consumers. YARD: A yard is an open space on the same zoning lot with a building or structure, which yard is unoccupied and unobstructed. A yard extends along a lot line and to a depth or width measured from the lot line specified in the yard require- ments for the zoning district in which such zoning lot is located. YARD, FRONT: A front yard is a yard extending along the full length of the front lot line between the side lot lines. YARD; -'--REAR: A rear yard is a yard extending along the full length of the rear lot line between the side lot line. YARD, SIDE: A side yard is a yard extending along a side lot line from the front yard to the rear yard. ZONING DISTRICT: A zoning district is an area or areas within the limits of the Village for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform. -2h- 0 • �J SECTION 5. CLASSIFICATION OF ZONING DISTRICTS. 5.01 Zoning Districts. For the purposes of this ordinance, the Village of Chanhassen is hereby divided into classes of zoning districts which are hereby designated as follows: RESIDENTIAL DISTRICTS R- IA AGRICULTURAL RESIDENCE DISTRICT R-1 SINGLE FAMILY RESIDENCE DISTRICT R-2 MULTIPLE RESIDENCE DISTRICT R-3 MULTIPLE RESIDENCE DISTRICT R-4 MULTIPLE RESIDENCE DISTRICT COMMERCIAL DISTRICTS C-1 OFFICE BUILDING DISTRICT C-2 COMMERCIAL DISTRICT • C-3 COMMERCIAL SERVICE DISTRICT INDUSTRIAL DISTRICTS I-1 INDUSTRIAL DISTRICT PLANNED DEVELOPMENT DISTRICTS P-1 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT P-2 PLANNED UNIT DEVELOPMENT DISTRICT P-3 PLANNED COMMUNITY DEVELOPMENT DISTRICT P-4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT. FLOOD PLAIN & WATERCOURSE DISTRICTS F-1 FLOOD PLAIN & WATERCOURSE DISTRICT 5.02 Zoning Map. The location and boundaries of each zoning district established by this ordinance are as set forth in each zoning district section of this ordinance, or as are shown on that certain map entitled "Zoning 0 Map of Chanhassen" , dated February 7, 1972, on file in the office of the Village Clerk. Said zoning map and all notations, references and data shown -3- • • thereon are hereby incorporated by reference into this ordinance and shall have the same force and effect as if fully set forth and described herein. In those instances where zoning district boundaries are set forth by legal description in the several zoning district sections hereof, said boundaries shall establish the limits of the zoning district and shall take precedence over the zoning map. It shall be the responsibility of the Zoning Administrator to maintain said zoning map, and amendments thereto. shall be recorded on said map within thirty (30) days after official publication of such amendments. 5.03 District Boundaries.- 1. oundaries. 1. Boundary Lines. The boundaries between districts are, unless otherwise indicated, either lot lines, the center lines of highways, streets , alleys , or railroad rights of way, or such lines extended or lines parallel or perpendicular thereto as they exist on the effective date of this ordinance or amendments thereto. Where figures are shown on the zoning map between a highway or street and a district boundary line, said figures indicate that the district boundary line runs parallel to the highway or street center line at a distance therefrom equivalent to the number of feet so 0 indicated. 0 2. Division of Lot of Record. Where a district boundary line divides a lot of record which was in single ownership at the time of the enactment of this ordinance and places portions of such lot of record in two (2) or more zoning districts, any portion of such lot within fifty (50) feet on either side of such a dividing 'district boundary line may be used for any use of either zoning district; provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the district boundary line shall pre - 0 vail. Appeals from the Zoning Administrator's determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the Board of Adjustments and Appeals. 5.04 Compliance. Except as may otherwise be provided in Section 20, Non -Conforming Uses, all buildings or structures erected hereafter, all uses of land, buildings or structures established hereafter, all structural alteration or relocation of existing buildings or structures occurring hereafter, and all enlargements of or additions to existing buildings , structures or uses occurring hereafter shall comply with all regulations of this ordinance which are applicable to the zoning district in which such building, structure, use is or land shall be located. Q= u • • SECTION 6. R-lA AGRICULTURAL RESIDENCE DISTRICT. 6.01 Purpose. The R -IA Agricultural Residence District is • intended to provide a district which will allow extensive areas of the Village to be retained in a lower population density in advance of the need for these lands for extensive urban purposes and to prevent the occurrence of premature scattered urban development, which would be uneconomical from the stand- point of municipal services, utilities and schools. 6.02 Permitted Uses. Within an R -IA Agricultural District, no building or land shall be used except for one or more of the following uses: 1. Single family dwellings. 2. Agriculture. Any enclosure, stable, or other building in which farm animals, including bees, are kept shall be a distance of not less than 100 feet from any other lot in a Residential District. 6.03 Accessory Uses. Within an R -IA Agricultural District, the following uses shall be allowed as accessory to the permitted use: 1. Private garages. 2. Privately owned swimming pools and tennis courts for the use and convenience of the residents of the permitted use. 3. Structures accessory to an agricultural permitted use. 4. Stands for agricultural products produced on the premises by the owner. -5- • • 8/24/71 6.04 Uses by Conditional Use Permit. Within an R-lA Agricultural District, the following uses may be allowed but only upon the securing of a Conditional Use Permit: 1. Parks and recreational areas owned and operated by governmental units and residential neighbor- hood associations. 2. Non-profit schools, including colleges, having a regular course of study accredited by the State of Minnesota. 3. Government owned and operated civic and cultural institutions including, but not limited to, admini- strative offices, libraries, public safety buildings, and places of assembly. 4. Golf courses, but not including driving tees, ranges, or minature golf courses operated for commercial purposes. 5. Cemeteries 6. Commercial radio land television transmission stations. 7. Living quarters for persons employed on the premises of the permitted use. 8. Greenhouses, tool houses and similar structures 40 accessory to a private residential use. n U • • 8/24/71 6.05 Height, Yard, Area, and Lot Width and Depth Regulations. 1. Height Regulations: a. No single family dwelling shall exceed two and one-half (2-1/2) stories. b. All other structures shall not exceed twenty- five (25) feet in height, except when accessory to an agricultural principal use. 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than fifty (50) feet. 3. Side Yard Regulations: • a. There shall be a side yard on one side having a depth of not less than one hundred (100) feet, and a side yard on the other side having a depth of not less than ten (10) feet. 4. Rear Yard Regulations: a. There shall be a rear yard having a depth of not less than fifty (50) feet. 5. Lot Area Regulations: a. Every lot or tract of land on which a single family dwelling is erected shall contain an area of not less than two and one-half (2-1/2) acres, which shall adjoin a public road or a village street. -7- • 6. Lot Width and Depth Regulations: a. Every lot or tract.of land on which a single family dwelling is erected shall have a depth not greater than two times the width. 6.06 Parking. 1. Not less than two (2) automobile parking spaces shall be provided on the site occupied by the permitted use. Adequate space shall be reserved on the site to allow for the construction of a two car garage. 6.07 General Regulations. 40 1. Additional regulations in the R- lA Agricultural 0 District are set forth in Section 19. 6.08 Boundaries of the R -IA Agricultural District. 1. The boundaries of the R -IA Agricultural District shall include the following described tracts and parcels of land: me • • • SECTION 7. R-1 SINGLE FAMILY RESIDENCE DISTRICT. 8/24/71 7.01 Purpose. The R-1 Single Family Residence District is intended to provide a district which will allow residential development in those areas where such development fits the Village land use plan. 7.02 Permitted Uses. Within an R-1 Residence District, no building or land shall be used except for the following use: 1. Single family dwellings. 7.03 Accessory Uses. Within an R-1 Residence District, the following uses shall be allowed as accessory to the Permitted Use: 1. Private garages. 2. Privately owned swimming pools and tennis courts • for the use and convenience of the residents of the permitted use. 3. Rental of rooms for occupancy by not more than two persons per dwelling unit, except that no separate dwelling unit shall be allowed and that one off-street parking space per tenant shall be provided. 7.04 Uses by Conditional Use Permit. Within an R-1 Residence District, the following uses may be allowed but only upon the securing of a Conditional Use Permit: 1. Parks and recreational areas owned and operated • by governmental units and recreational areas operated by residential neighborhood associations. -9- • • • 8/24/71 2. Non-profit schools having a regular course of study accredited by the State of Minnesota. 3. Government owned and operated civic and cultural institutions including, but not limited to, admini- strative offices, libraries, public safety buildings, and places of assembly. 4. Golf courses, but not including driving tees, ranges, or minature golf courses operated for commercial purposes. 5. Churches. 6. Living quarters for persons employed on the premises is of the permitted use. 7. Greenhouses, tool houses and similar structures accessory to a private residential use. 8. Amateur radio transmission antennas. 7.05 Height, Yard, Area and Lot Width and Depth Regulations. 1. Height Regulations: a. No single family dwelling shall exceed two and one-half (2-1/2) stories. -10- • • 8/24/71 • 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than thirty (30) feet. 3. Side Yard Regulations: a. There shall be a side yard having a depth of not less than ten (10) feet. 4. Rear Yard Regulations: a. There shall be a rear yard having a depth of not less than thirty (30) feet from the dwelling to the rear property line. b. There shall be a rear yard having a depth of • not less than ten (10) feet from any detached accessory use structure to the rear property line. 5. Lot Area Regulations: a. In areas served by public water and sanitary sewer systems every lot or tract of land on which a single family dwelling is erected shall contain an area of not less than 15,000 square feet, except that in platted areas served by said water and sanitary sewer systems the minimum lot size shall be governed by the provisions of Section 8.06(a) (1) of the Subdivision Ordinance of the • Village of Chanhassen. -11- 0 6. Lot Width and Depth Regulations: a. Every lot or tract of land on which a single family dwelling is erected shall have a width of not less than 90 feet at the building set back line. 7.06 Parking. 1. Not less than two (2) automobile parking spaces shall be provided on the site occupied by the permitted use. Adequate space shall be reserved on the site to allow for the construction of a two car garage. • 7.07 General Regulations. 1. Additional regulations in the R-1 RESIDENCE DISTRICT are set forth in Section 19. 7.08 Boundaries of the R-1 Residence District. The boundaries of the R-1 Residence District shall include the following described tracts and parcels of land: • -12- C� J SECTION 8. R-2, R-3 AND R-4 MULTIPLE RESIDENCE DISTRICTS. 8.01 Purpose. The Multiple Residence Districts are intended to provide districts which will allow multiple dwelling development, including double family dwellings, apartments and townhouses, in those areas where such development fits the Village land use plan and where municipal sanitary sewer and water services are immediately available. The Multiple Residence Districts are designated as R-2, R-3 and R-4 Districts. 8.02 Permitted Uses. 1. Within an R-2 District, no building or land shall be used except for the following uses: a. Single family dwellings containing not more • than one residential unit. b. Two (2) family dwellings. 2. Within an R-3 District, no building or land shall be used except for the following uses: a. Multiple dwellings containing not less than two (2) nor more than twelve (12) dwelling units. b. Townhouses. 3. Within an R-4 District, no building or land shall be used except for the following uses: a. Multiple dwellings containing not less than twelve (12) dwelling units. -13- • • 8.03 Accessory Uses. Within an R-2, R-3 and R-4 Multiple Residence District, the following uses shall be allowed as accessory to the Permitted Use: 1. Subordinate uses which are clearly and custo- marily accessory to the permitted use. 2. Private recreational facilities, including swimming pools and tennis courts , intended solely for the use and enjoyment of the residents of the Per- mitted Use and their guests. 8.04 Uses by Conditional Use Permit. The following uses may be allowed in the following districts but only upon the securing of a • Conditional Use Permit: 1. R-2 and R-3 Residence Districts: a. Any use permitted in Section 7.04 of the R-1 Single Family Residence District as regulated thereby. b. Hospitals and convalescent and nursing homes. 2. R-4 Residence Districts: a. Any use permitted in Subsection 1 of this section. b. Retail shops and restaurants situated entirely • within the permitted use building, and which are accessible only from the interior of the -14- C� building and have no advertising or display which is visible from the outside of the building, and which facilities are provided primarily for the residents of the building. 8.05 Height, Yard, Area and Lot Width and Depth Regulations. 1. Height Regulations; a. No structure in the R-2 and R-3 Multiple Residence Districts shall exceed 30 feet in height as measured from the average grade of the surrounding lot area. is 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than twenty-five (25) feet, except that a lot located at the intersection of two • or more streets shall have a front yard depth on each street side of not less than twenty- five (25) feet in R-2 and R-3 Multiple Residence Districts and thirty (30) feet in R-4 Multiple residence Districts. -15- • 0 is 0 • 3. Side Yard Regulations: a. Each building not in excess of thirty (30) feet in height shall have a side yard having a depth of not less than twenty-five (25) feet. b. Each building in excess of thirty (30) feet in height shall have a side yard having a depth of not less than twenty-five (25) feet plus one (1) foot of side yard depth for every foot in height in excess of thirty (30) feet. 4. Rear Yard Regulations: a. Each building not in excess of thirty (30) feet in height shall have a rear yard having a depth of not less than twenty-five (25) feet. b. Each building in excess of, thirty (30) feet in height shall have a rear yard having a depth of not less than twenty-five (25) feet plus one (1) foot of rear yard depth for every foot in height in excess of thirty (30) feet. 5. Lot Area Regulations: a. The minimum number of square feet of total lot area, adjusted by the allowances permitted or imposed hereunder, shall be as follows: -16- 0 • 8/24/71 • (1) R-2 District - 15,000 square feet, or 3,500 square feet per dwelling unit, whichever is most restrictive. (2) R-3 District - 18,000 square feet, or 2 , 500 square feet per dwelling unit, whichever is most restrictive. (3) R-4 District - 30,000 square feet, or 2 , 000 square feet per dwelling unit, whichever is most restrictive. b. Basis and Amount of Allowance: (1) Subtract 500 square feet for each parking stall in or under the multiple residence building, or otherwise- completely under- ground. (2) Subtract 300 square feet for each dwelling unit above the fourth story of the multiple residence building. (3) Add 500 square feet for each bedroom in excess of two in each dwelling unit. 8.06 Building Design and Construction. 1. Design Review: a. No building permit for a multiple residence building or townhouse complex containing more than 12 dwelling units, or buildings accessory thereto, shall -17- building containing more than 12 dwelling units , or buildings accessory thereto, shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in the State of Minnesota, stating that the design of the building and site has been prepared under his direct supervision. Any building of Type I or Type II construction, as provided in the Uniform Building Code in- corporated by reference by Ordinance No. 23, • shall have its electrical, mechanical and • 0 • be issued without having first been reviewed by the Planning Commission and approved by the Council following the procedures set forth in Section 23, Conditional Use Permits, except that no public hearing need be held on any application for a permit. The Council may attach such conditions and guarantees to any such permit as it deems necessary to insure compliance with the provisions of this ordinance. 2. Design Responsibility:_ • a. A building permit for a multiple residence building containing more than 12 dwelling units , or buildings accessory thereto, shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in the State of Minnesota, stating that the design of the building and site has been prepared under his direct supervision. Any building of Type I or Type II construction, as provided in the Uniform Building Code in- corporated by reference by Ordinance No. 23, • shall have its electrical, mechanical and structural systems designed by engineers registered in the State of Minnesota. Pro- visions of this paragraph shall not prohibit the preparation of the site plan by a pro- fessional site planner. 3. Type of Construction: a. Any building more than three stories in height shall be of Type I or Type II con- struction as set forth in said Uniform Building Code. 4. Floor Area: • a. The minimum floor area per dwelling unit shall be as follows: Efficiency dwelling unit: 400 net square feet One bedroom dwelling unit: 700 net square feet ,Two bedroom dwelling unit: 900 net square feet b. Dwelling units containing three or more bedrooms shall have an additional 150 net square feet of floor area for each bedroom in excess of two. C. For purposes of measurement, the net floor area of a dwelling unit shall mean that area within a building used as a single dwelling unit, and shall be measured from the inside of outside • walls to the center of partitions bounding the -19- • dwelling unit being measured, but shall not include public stairways or elevators, public entries , public foyers , public balconies, or unenclosed public porches, separate utility rooms, furnace areas or rooms, storage areas not within the dwelling unit or garages. 5. Closets and Bulk Storage: a. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit: (1) Efficiency and one bedroom units: • 10 lineal feet of closet space and 96 i cubic feet of bulk storage. (2) Two bedroom units: 24 lineal feet of closet space and 144 cubic feet of bulk storage. (3) Three or more bedrooms: For each bed- room in excess of two in any one dwelling unit, an additional 10 lineal feet of closet space and 50 cubic feet of bulk storage volume shall be required. -20- • 8/24/71 (4) Only closet space having a minimum clear finish depth of 2'0" and having unobstructed floor to ceiling height of 8.0' shall be considered in deter- mining the lineal feet of closet provided. 6. Incinerators, Trash and Garbage: a. Exterior storage of trash and garbage shall be completely enclosed by walls and roof, and all garbage shall be stored in completely enclosed Village approved containers. b. Only Village approved incinerators and trash and garbage compactors shall be used. 7. Elevators: a. All multiple residence buildings of more than three (3) stories shall be equipped with not less than one (1) public elevator. 8. Accessory Buildings: a. Setback requirements established for multiple residence buildings shall apply to accessory buildings except that accessory buildings lo- cated within the rear yard of the multiple residence building may be located to within • 5 feet of the rear of interior side property line. -21- • •8/24/71 b. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. 8.07 Parking. There shall be provided on the site occupied by the multiple residence building a minimum of two parking spaces per dwelling unit, one of which shall be enclosed; except that in the R-2 District there shall be provided two enclosed parking spaces per dwelling unit. Each parking space shall have a minimum width of 9 feet and a minimum depth of 20 feet exclusive of aisles and maneuvering space. Exposed parking areas shall be surfaced with a hard, all-weather, durable, dust -free surfacing material and shall be properly drained, and shall be maintained in a sightly and well -kept condition. No parking area shall be located closer than 25 feet to the front prop- erty line, nor closer than 10 feet to any building. All parking areas containing more than six spaces which face either a public street or residentially zoned property shall have a solid wall or fence of not less than four feet in height along such adjoining property line, which shall be maintained in good condition, and which shall be so designed to be architecturally harmonious with the principal structure. A screen planting approved by the Council may be substituted for the required wall or fence. 8.08 General Regulations. 1. Additional regulations in the R-2, R-3 and R-4 Residence Districts are set forth in Section 19. 8.09 Boundaries of the R-2, R-3 and R-4 Residence Districts • The boundaries of the R-2, R-3 and R-4 Residence Districts shall include the following described tracts and parcels of land: -22- • • 0 8/24/71 SECTION 9. C-1 OFFICE BUILDING DISTRICT 9.01 Purpose. The C-1 Office Building District is intended to provide a district which is related to and may reasonably adjoin high density residential, commercial and industrial districts for the location and development of administrative office buildings and related office uses and which are subject to more restrictive controls than allowed in other commercial districts. The office uses permitted in this district are those in which there is limited contact with the general public and in which no manufacturing, exterior display or the direct selling of merchandise from the permitted use shall be allowed. 9.02 Permitted Uses. Within a C-1 Office Building District, • no building or land shall be used except for the following uses: 1. Administrative and executive offices. 2. Medical, dental, legal and similar professional offices. 3. Financial institutions. 9.03 Accessory Uses. Within a C-1 Office Building District, the following uses shall be allowed as accessory to the permitted use: 1. Within office buildings having either a gross floor area of 40,000 or more square feet or at least 200 full-time office employees, a limited amount of the ground floor area may be used for facilities providing convenience goods and services for the office area - • occupants and business invitees provided that the total net floor area -23- • • • 8/24/71 devoted to such accessory uses shall not exceed 10% of the total gross floor area of the building. Said accessory uses shall include those listed below and such other accessory uses the primary function of which shall be to supply convenience goods and services for the office building occupants: a. Restaurants, cafes and coffee shops. b. Office supply equipment, sales and service. C. Pharmacies and related professional shops. d. Newsstands. e. Barber shops. 2. Subordinate uses which are clearly and customarily accessory to the permitted use. • 9.04 Uses by Conditional Use Permit. Within a C-1 Office Building District, the following uses may be allowed but only upon the securing of a Conditional Use Permit: 1. Any use permitted in Section 7.04 of the Single Family Residence District, as regulated therein. 2. Multiple dwellings containing not less than three (3) dwelling units. 3. Hospitals. 4. Mortuaries. 5. Research facilities and laboratories. • 6. Passenger facilities for mass transit services. -24- • 8/24/71 9.05 Height, Yard, Area and Lot Width and Depth Regulations. 1. Height Regulations: a. No structure shall exceed 45 feet in height as measured from the average grade of the surrounding lot area. 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than 25 feet. b. A lot located at the intersection of two or more streets shall have a front yard depth on each street side of not less than 25 IV feet. • 3. Side Yard Regulations: a. Each building not in excess of 30 feet in height shall have a side yard having a depth of not less than 25 feet. b. Each building in excess of 30 feet in height shall have a side yard having a depth of not less than 25 feet plus one foot of side yard for each foot in height in excess of 30 feet. -25- • • • 4. Rear Yard Regulations: a. Each building not in excess of 30 feet in height shall have a rear yard having a depth of not less than 25 feet. b. Each building in excess of 30 feet in height shall have a rear yard having a depth of not less than 25 feet plus one foot of rear yard for every foot in height in excess of 30 feet. 5. Lot Area Regulations: a. Not more than 30% of the lot area shall be • occupied by buildings. b. An allowance of 500 square feet shall be permitted for each parking stall in or under the principal structure or otherwise completely underground. 6. District Area Regulations: a. Each C-1 Office Building District shall have an area of not less than 3 acres unless such district adjoins another C-1 District or a C-2 District. 9.06 Building Design and Construction. 1. Design Review• -26- 0 a. No building permit for a principal building or buildings accessory thereto, in a C-1 District shall be issued without having first been reviewed by the Planning Commission and approved by the Council following the procedures set forth in Section 23, Conditional Use Permit Procedure, except that no public hearing need be held on any application for a permit. The Council may attach such conditions and guarantees to any such permit as it deems necessary to insure compliance with the pro- visions of this ordinance. 2. Design Responsibility: a. A building permit for a principal building, or buildings accessory thereto, in a C-1 District shall not be issued unless the applicant's c; building plans , including the site plan, are certified by an architect registered in the State of Minnesota, stating that the design of the building and site has been pre- pared under his direct supervision. Any building of Type I or Type II construction, • as provided in the Uniform Building Code -27- i • • incorporated by reference by Ordinance No. 23, shall have its electrical, mechanical and structural systems designed by engineers registered in the State of Minnesota. Provisions of this paragraph shall not prohibit the preparation of the site plan by a professional site planner. 3. Type of Construction: a. All buildings in a C-1 District shall be of Type I or Type II construction as set forth in said Uniform Building Code. • 4. Incinerators, Trash and Garbage: a. Exterior storage of trash and garbage shall be completely enclosed by walls and roof, and all garbage shall be stored in completely enclosed Village approved containers. b. Only Village approved incinerators and trash and garbage compactors shall be used. 5. Elevators: a. All buildings in a C-1 District of more than 2 stories shall be equipped with not less than one public elevator. U 6. Accessory Buildings: a. Set back requirements established for principal buildings in a C-1 District shall apply to accessory buildings, except that accessory buildings located within the rear yard of a site adjoining any C-1, C-2, C-3 or I-1 District may be located within 10 feet of the rear or interior side property line. b. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. • 9.07 Parking. 1. Spaces Required: a. A minimum of one off-street parking space shall be provided on the building site for each 300 square feet of gross floor area within the principal structure; provided that on building sites utilized primarily for medical and dental offices, a minimum of six off-street parking spaces shall be re- quired for each doctor or dentist maintaining professional offices in the principal structure. -29- 0 b. When the principal structure is of such size or capacity as to allow for accessory uses within said structure, additional off-street parking spaces shall be provided at the rate of eight spaces for each 1000 square feet of gross floor area devoted to such accessory uses. 2. Design and Construction. a. Off-street parking areas shall be so designed that vehicles may be parked in a convenient and orderly fashion. Parking areas shall be surfaced and maintained with a hard, all- weather, durable, dust -free surfacing material, shall be properly drained, and shall be main- tained in a sightly and well -kept condition. Each parking space shall be clearly outlined or otherwise marked and shall have a minimum width of 9 feet and a length of 20 feet exclusive of aisles and maneuvering space. Clear aisle widths shall be at least 12 feet for 45 degree parking, 18 feet for 60 degree parking and 24 feet for 90 degree parking. Open off- street parking which faces either a public • street or residentially zoned property shall have a solid wall or fence of not less than -30- • • 8/24/71 four feet in height which shall be maintained in good condition, and which shall be designed to be architecturally harmonious with the principal structure. A screen planting approved by the Council may be substituted for the required wall or fence. The wall or fence shall not be used for advertising purposes. Any lighting used to illuminate off-street parking areas shall be so arranged as to deflect the light away from adjacent properties. • 3. Location• a. No parking area shall be located closer than 25 feet to the front property line nor closer than 10 feet to any building. 4. Storage• a. All supplies, equipment and motor vehicles in excess of 2 of larger than 7,000 pounds licensed gross weight shall be stored within a completely enclosed building. 5. Loading: a. There shall be provided a minimum of one off- street loading facility for a building having a gross floor area of 20,000 to 100,000 -31- 0 • 8/24/71 square feet and one additional facility for each 100,000 square feet or major fraction thereof over 100,000 square feet. The location, design and screening of loading areas shall be subject to the same restrictions applicable to off-street parking areas. 9.08 Landscaping. 1. All exposed ground areas of a permitted use which are not devoted to drives, sidewalks, patios or similar uses shall be landscaped with grass, shrubs, trees, or other ornamental landscape • materials, which shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles, or the storage or dis- play of materials, supplies, or merchandise. 9.09 General Regulations. 1. Additional regulations in the C-1 Office Building District are set forth in Section 19. 9.10 Boundaries of the C-1 Office Building District. The boundaries of the C-1 Office Building District shall include the following described tracts and parcels of land: -32- • •24 8/ /71 SECTION 10. C-2 COMMERCIAL DISTRICT. 10.01 Purpose. The C-2 Commercial District is intended to provide compact centers for retail sales and services offering a wide range of goods and services. 10.02 Permitted Uses. Within a C-2 Commercial District, no building or land shall be used except for the following uses: 1. General retail sales and services, but not including automobile, truck, tractor, trailer, boat, or other mobile power -driven equipment sales or services, building material yards, or automobile car wash establishments. 2. Financial institutions. 3. Business and professional offices. 4. Restaurants , theaters and taverns , but not including "drive-in" type service. 5. Dry cleaning and laundry collection stations and self-service laundries. 6. Mortuaries. 7. Government owned and operated civic and cultural institutions including, but not limited to, admini- strative offices, libraries, public safety buildings, and places of assembly. 10.03 Accessory Uses. Within a C-2 Commercial District, the following uses shall be allowed as accessory to the permitted use: -33- • 0 8/24/71 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 2. Repair facilities when operated as accessory to a retail sales permitted use, provided that said accessory use shall not occupy more than 30% of the gross floor area of the principal structure. 10.04 Conditional Uses. Within a C-2 Commercial District, the following uses may be allowed, but only upon the securing of a Conditional Use Permit: 1. Auto service stations for gasoline, oil, tire, battery and accessory sales, excluding body and major power train repair; and provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No service station structure, parking area or driveway except access driveways shall be lo- cated within 100 feet of any portion of an R -IA, R-1 or R-2 Residential District. b. A service station site shall have a frontage of not less than 150 feet on a public street, and shall have not less than two places of access to a public street. The total site area shall be not less than 20,000 square feet. -34- c. Fuel pump islands shall be set back not less than 25 feet from any property line. d. Hoists, pits, lubrication, washing, and repair equipment shall be enclosed within the principal structure. e. All driveway and parking area surfaces shall be constructed and maintained in the same manner as prescribed for parking areas in this district. f. The storage of wrecked or junked vehicles shall not be permitted on an auto service station site. 2. Establishments of the "drive-in" type, except 10 drive-in theaters, offering goods or services directly to customers waiting in parked motor vehicles; pro- vided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, parking area, or driveway except access driveways shall be located within 100 feet of any portion of an R -IA, R-1 or R-2 Residential District. b. Each site shall have a frontage of not less than 150 feet on a public street, and shall have not 0 less than two places of access to a public street. The total site area shall be not less -35- • • 8/24/71 than 20,000 square feet. c. Parking areas shall have a front yard having a depth of not less than 25 feet and a side yard having a depth of not less than 10 feet. 3. Hotels and motels. 4. Parking ramps. 5. Private clubs and lodges organized as non-profit corporations. 6. Passenger facilities for mass transit services. 10.05 Height, Yard, Area, and Lot Width and Depth Regulations. 1. Height Regulations: • a. No structure shall exceed 45 feet in height as measured from the average grade of the surrounding lot area. 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than 25 feet, except that a site facing on an R -IA, R-1 or R-2 Residential District shall have a front yard having a depth of not less than 100 feet. b. A lot located at the intersection of two or more streets shall have a front yard depth on each street side of not less than the depth required under subsection 2(a) above. -36- 0 • 3. Side Yard Regulations: a. A site adjoining an R -IA, R-1 or R-2 Residential District shall have a side yard having a depth of not less than 75 feet. 4. Rear Yard Regulations: a. A site adjoining an R-lA, R-1 or R-2 Residential District shall have a rear yard having a depth of not less than 75 feet. 5. Lot Area Regulations: a. Not more than 25% of the lot area shall be occupied by buildings. 6. District Area Regulations: a. Each C-2 Commercial District shall have an area of not less than 5 acres, unless such district adjoins another C-2 District or a C-3 District. 10.06 Building Design and Construction. Building design and construction within a C-2 District shall be governed by the provisions of Section 9.06 of this ordinance, except as hereinafter set forth: 1. Accessory Buildings: a. Set back requirements established for buildings in a C-2 District shall apply to accessory buildings. • b. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. -37- •0 8/24/71 10.07 Parking. 1. Spaces Required: a. The minimum number of off-street parking spaces required on the building site for each of the following permitted uses shall be: General Retail Sales and Services, Financial Institutions: One space per 150 square feet of principal structure gross floor area. Business and Professional Offices, except medical and dental: One space per 300 square feet of principal structure gross floor area. is Medical and Dental Offices: Six spaces for each doctor or dentist maintaining professional offices in the principal structure. Restaurants, Theaters and Taverns: One space per 300 square feet of principal structure gross floor area or one space per 3 seats in place of assembly, whichever is greater. Government Buildings: 10 spaces plus one space per 500 square feet of principal structure gross floor area. Mortuaries: One space for each employee and • one space for each 3 seats in the place of assembly. -38- 2. Design and Construction: • a. The design and construction of off-street parking areas in a C-2 District shall be governed by the provisions of Section 9.07 of this ordinance. 3. Location: a. The parking area may abut the property line if the abutting property is zoned C-2 or C-3. Parking areas adjoining all other districts shall not be located closer than 25 feet to the side or rear property line. Truck traffic shall be routed around and not through automobile parking areas. 4. Loading: • a. An off-street loading facility shall be provided with an area of not less than 12 feet in width and 65 feet in length, exclusive of aisles and maneuvering space. Such facility shall be at the rear of principal structure and shall be used exclusively for the loading and unloading of merchandise. All such facilities, aisles and maneuvering space shall be surfaced in the same manner as that prescribed for parking areas. 5. Storage• a. All supplies, equipment, and motor vehicles in excess of 2 of larger than 7,000 pounds licensed gross weight shall be stored within a completely enclosed building. -39- • • 8/24/71 10.08 Landscaping. 1. All exposed ground areas of a permitted use which are not devoted to drives, sidewalks, patios or similar uses shall be landscaped with grass, shrubs, trees, or other ornamental landscape materials, which shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchan- dise. 10.09 General Regulations. 1. Uses permitted in the C-2 Commercial Districts shall • be subject to the following conditions: a. All business establishments shall be retail or service establishments which deal directly with customers. All goods produced on the premises shall be sold on the premises where produced. b. All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings . C. All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall conform with the performance standards established for the I-1 Industrial District in Section -40- • 12 of this ordinance, provided that the performance standards shall in every case be applied at the boundaries of the lot on which such activities take place. 2. Additional regulations in the C-2 Commercial District are set forth in Section 19. 10.10 Boundaries of the C-2 Commercial District. The boundaries of the C-2 Commercial District shall include the following described tracts and parcels of land: -41- • SECTION 11. C-3 COMMERCIAL SERVICE DISTRICT. 11.01 Purpose. The C-3 Commercial Service District is designed to furnish areas served by other retail business districts with a wide range of services and goods which might otherwise be incompatible with the uses permitted in retail business districts. This district is in- tended as a business district which may be located in separate areas adjacent to other retail business districts and thus help to keep the basic retail areas compact and convenient, and in other separate areas to provide a district which may be located in close proximity to a major thoroughfare or highway in order that highway service types of land uses can be provided. • 11.02 Permitted Uses. Within a C-3 Commercial Service District, no building or land shall be used except for the following uses: 1. Sales, services and major repair of motor vehicles, boats, and mobile power driven recreational equipment. 2. Auto service stations, provided that the minimum standards of Section 10.04(1) of this ordinance shall apply. 3. Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, provided that the minimum standards of Section 10.04(2) of this • ordinance shall apply. -42- • 8/24/71 4. Greenhouses for retail sales only. 5. Financial institutions. 6. Hotels and motels. 7 . Restaurants , theaters and taverns. 8. Dry cleaning and laundry collection stations, and self-service laundries. 9. Retail plumbing, heating, television, radio and appliance sales and repair. 10. Mortuaries. 11.03 Accessory Uses. Within a C-3 Commercial Service District, the following uses shall be allowed as accessory to the permitted use: • 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 11.04 Conditional Uses. Within a C-3 Commercial Service District, the following uses may be allowed, but only upon the securing of a Conditional Use Permit: 1. Uses allowed in the R-4, C-1 and C-2 Districts. 2. Commercial greenhouses and landscaping businesses. 3. Parking ramps. 4. Private clubs and lodges organized as non-profit corporations. 5. Passenger facilities for mass transit services. -43- • 8/24/71 11.05 Height, Yard, Area and Lot Width and Depth Regulations. 1. Height Regulations: a. No structure shall exceed 45 feet in height as measured from the average grade of the surrounding lot area. 2. Front Yard Regulations: a. There shall be a front yard having a depth of not less than 40 feet, except that a site facing on an R -IA, R-1 or R-2 Residential District shall have a front yard having a depth of not less than 100 feet. 10 b. A lot located at the intersection of two or more streets shall have a front yard depth on each street side of not less than the depth required under subsection 2(a) above. 3. Side Yard Regulations: a. A site adjoining an R-lA, R-1 or R-2 Residential District shall have a side yard depth of not less than 75 feet. 4. Rear Yard Regulations: a. A site adjoining an R -1A, R-1 or R-2 Residential District shall have a rear yard depth of not • less than 75 feet. -44- • 5. Lot Area Regulations: a. Not more than 50% of the lot area shall be occupied by buildings. 6. District Area Regulations: a. Each C-3 Commercial Service District shall have an area of not less than 10 acres, unless such district adjoins a C-2, C-3 or I-1 District. 11.06 Building Design and Construction. Building design and construction within a C-3 District shall be governed by the provisions of Section 9.06 of this ordinance, except as hereinafter set forth: • 1. Accessory Buildings: a. Set back requirements established for buildings in a C-3 District shall apply to accessory buildings. b. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. 11.07 Parking. 1. Spaces required: a. The minimum number of off street parking spaces required on the building site for each of the • following permitted uses shall be: -45- 9 Auto Service Stations: 3 spaces for each enclosed service bay and one space for each employee on primary shift. Establishments of "drive-in type": One space for each employee per shift (not including outside service employees) in 8/24/71 addition to required spaces for customers. Hotels and Motels: One space for each rental unit and one space for each employee on primary shift. Restaurant: One space for each employee per shift and one space for each 3 seats in the dining areas. General Retailing: One space for each 150 square feet or fraction thereof. Mortuary: One space for each employee and one space for each 3 seats in the place of assembly. Clubs or Lodges: One space for each 300 square feet of gross floor area or one space for each 3 seats in the largest place of assembly. 0 2. Design and Construction: a. The design and construction of off-street parking areas in a C-3 District shall be governed by the provisions of Section 9.07 of this ordinance. 3. Location: a. The parking area may abut the property line if the abutting property is zoned C-2 or C-3. Parking areas adjoining all other districts shall not be located closer than 25 feet to the side or rear property line. Truck traffic shall be routed around and not through automobile parking areas. 4. Loading: a. An off-street loading facility shall be provided with an area of not less than 12 feet in width and 65 feet in length, exclusive of aisles and maneuvering space. Such facility shall be at the rear of principal structure and shall be used exclusively for the loading and unloading of merchandise. All such facilities, aisles and maneuvering space shall be surfaced in the is same manner as that prescribed for parking areas. -47- • •• 8/24/71 5. Storage: a. Merchandise of the type customarily displayed outdoors for retail sale may be so displayed beyond the confines of the principal structure, provided that in no event shall the outdoor display area exceed 20% of the ground floor area of the principal structure. Merchandise awaiting service or repair shall be stored within an enclosed building or shielded from view at street level by a wall or fence not less than four feet nor more than six feet in height. • 11.08 Landscaping, 1. All exposed ground areas of a permitted use which are not devoted to drives, sidewalks, patios or similar uses shall be landscaped with grass, shrubs, trees, or other ornamental landscape materials, which shall be kept neat, clean, and uncluttered. No land- scaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise. 11.09 General Regulations. 1. Uses permitted in the C-3 Commercial Service n u f • Districts shall be subject to the following conditions: a. All business establishments shall be retail or service establishments which deal directly with customers. All goods produced on the premises shall be sold on the premises where produced. b. All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall conform with the performance standards estab- lished for the I-1 Industrial District in Section 12 of this ordinance, provided that the performance standards shall in every case be applied at the boundaries of the lot on which such activities take place. 2. Additional regulations in the C-3 Commercial Service District are set forth in Section 19. 11.10 Boundaries of the C-3 Commercial Service District. The boundaries of the C-3 Commercial Service District shall include the following described tracts and parcels of land: am • SECTION 12. I-1 INDUSTRIAL DISTRICT • 8/24/71 12.01 Purpose. The Council of the Village of Chanhassen determines that its goal in zoning is that all industrial uses be established within Planned Industrial Districts. The I-1 Industrial District is intended to provide a district which will allow general industrial uses which do not conform to the regulations of a Planned Industrial District due to size, nature of operations and land area. 12.02 Permitted Uses. Within an I-1 Industrial District, no building or land shall be used except for the following uses: 1. Manufacturing, compounding, processing, packaging, treatment, and assembly of • products and materials, but excluding uses en- gaged principally in the processing of used products or materials and excluding the processing of animals. 2. Research, testing and experimentation. 3. Offices. 4. Wholesaling and warehousing. 5. Building materials sales and storage. 12.03 Accessory Uses. Within an I-1 Industrial District, the following uses shall be allowed as accessory to the permitted use: 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 2. Retail sales or produsts manufactured on the site of the permitted use. -50- •• 8/24/71 0 12.04 Conditional Uses. Within an I-1 Industrial District, the following uses may be allowed, but only upon the securing of a Conditional Use Permit: • 1. Airports and heliports. 2. Freight terminals. 3. Contractors' yards when conducted entirely within fully enclosed structures or within a completely fenced area. 4. Auto service stations, provided that the minimum standards of Section 10.04(1) of this ordinance shall apply. 5. Parking ramps. 6. Passenger facilities for mass transit facilities. 12.05 Height, Yard, Area and Lot Width and Depth Regulations. 1. Front Yard Regulations: a. There shall be a front yard having a depth of not less than 30 feet, except that a site facing on an R-lA, R-1, R-2, R-3 or R-4 Residential District shall have a front yard having a depth of not less than 100 feet. -51- b. Each building in excess of 45 feet in height shall have a front yard having a depth of not less than 30 feet plus one foot of front yard for every foot in height in excess of 45 feet. c. A lot located at the intersection of two or more streets shall have a front yard depth of not less than the depth required under subsection 1(a) and I(b) above. 2. Side Yard Regulations: a. There shall be a side yard having a depth of not less than 25 feet, except that a site adjoining any Residential District shall have a side yard having a depth of not less than 75 feet. b. Every building in excess of 45 feet in height shall have a side yard having a depth of not less than 25 feet plus one foot of side yard for every foot in height in excess of 45 feet. 3. Rear Yard Regulations: a. There shall be a rear yard having a depth of not less than 25 feet, except that a site adjoining any Residential District shall have • a rear yard having a depth of not less than 75 feet. -52- [1 b. Each building in excess of 45 feet in height shall have a rear yard having a depth of not less than 25 feet plus one foot of rear yard for every foot in height in excess of 45 feet. 4. District Area Regulations: a. Each I-1 Industrial District shall have an area of not less than 5 acres, unless such district adjoins a C-3 District, a Planned Industrial District or an I-1 District. 12.06 Building Design and Construction. Building design and construction within an I-1 District shall be governed by the provisions of Section 9.06 of this ordinance, except as hereinafter set forth: 1. Accessory Buildings: a. Set back requirements established for buildings in an I-1 District shall apply to accessory buildings. b. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. -53- • • 12.07 Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be per- mitted. These residual features shall be deemed to be excessive when they exceed or deviate from the performance standards set forth in the following specifications: 1. Noise: a. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line, the sound pressure level of • noise radiated from a facility shall not ex- ceed the values given in Table I herein. U] The sound pressure level shall be measured with a sound level meter and on an associated octave band analyzer, both of which are manufactured according to current specifica- tions prescribed by the American Standards Association. Measurement shall be made using the flat network of the sound level meter. -54- • TABLE I. OCTAVE BAND FREQUENCY (CYCLES PER SECOND) DECIBEL LEVEL 20- 75 65 75- 150 60 150- 300 55 300- 600 46 600- 1,200 40 1,200- 2,400 34 2,400- 4,800 31 over 4,800 28 2. Vibration: A. No activity shall at any time cause earth vibrations perceptible beyond the limits of the site of the permitted use. 3. Dust and Dirt:, Smoke, Odor and Noxious Gases: a. Incorporation by Reference. A certain docu- ment, a copy of which is on file in the office of the Village Clerk, marked "Official Copy - Village of Chanhassen" and designated as Air Pollution Control Rules, Regulations and Air Quality Standards, designated APC Regulation 1-15, inclusive, adopted by the Minnesota Pollution Control Agency on May 11, 19 69 , filed with the Secretary of State on July 3,, 1969, and the Department • of Administration on July 7, 1969, together with the 1970 Supplement filed with the -55- Secretary of State and Department of Administration on June 5, 1970, and all rules, regulations and standards amendatory thereof or supplementary thereto are hereby adopted for the purpose of establishing the rules, regulations and air quality standards governing the emission of dust and dirt, smoke, odor and noxious gases from an I-1 Industrial District use; and all of said rules, regulations and air quality standards are hereby referred to, adopted, incorporated by reference and is made a part hereof as though fully set forth in this ordinance. 4. Glare: a. Glare, whether direct or reflected, shall not be visible beyond the limits of the site of the permitted use. 5. Wastes: a. All solid waste material and refuse shall be stored within a completely enclosed structure or contained in a closed container designed for such purpose. All liquid wastes con- taining any organic or toxic matter shall be -5E- • disposed of in a manner prescribed by the Village Engineer. The Village Engineer shall prescribe the manner of sewage treatment and disposal in the case of large volume water usage. 6. Compliance: a. In, order to assure compliance with the per- formance standards set forth above, the Village Council may require the owner or operator of any permitted use to make such investigations and tests as may be required to show adherence to above performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by the Village and the owner or operator, or if there is failure to agree within 10 days after written notice by the Village to the owner or operator of the requirement to make such investigation and tests, by such independent testing orga- nization as may be selected by the Council. The costs incurred in having such investiga- tions or tests conducted shall be shared -57- equally by the owner or operator and the Village, unless the investigation and tests disclose non-compliance with the performance standards, in which event the entire investi- gation or testing cost shall be paid by the owner or operator. The procedure stated above shall not preclude the Village from making any such other tests and investiga- tions it finds appropriate to determine compliance with these performance standards. 12.08 Parking. • 1. Spaces Required: a. The minimum number of off-street parking spaces required on the building site for each of the following permitted uses shall be: Manufacturing: One space for each employee on the major shift, plus one space for each company vehicle. b. Research Laboratories: One space for each employee on the major shift or one space for each 500 square feet of gross floor area, whichever is greater. ID 10 0 • Offices: One space for each 200 square feet of gross floor area. Warehousing and Wholesale: One space for each 1.5 employees on the major shift, plus one space for each company vehicle. Retailing: One space for each 150 square feet of gross floor area or fraction thereof. Automobile Service Station: Three spaces for each enclosed service bay and one space for each employee per shift. 2. Design and Construction: • a. The design and construction of off-street parking areas in an I-1 District shall be governed by the provisions of Section 9.07 of this ordinance. 3. Location: a. The parking area may abut the property line if the adjoining property is zoned C-2, C-3 or I-1. Parking areas adjoining other districts shall not be lccated closer than 25 feet to the side or rear property line. Truck traffic shall be routed around and not through automobile • parking areas. -59- • • • 4. Loading: a. Loading facilities of sufficient size and number to provide for the requirements of each use shall be provided on the site of each principal'` use, the exact size and number required to depend on the nature of the principal use and type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or fraction thereof. b. A loading facility shall include the dock for • loading and unloading, the berth for the vehicle at the dock, and maneuvering areas. C. Off-street loading facilities shall be designed in area not less than 12 feet in width and 65 feet in length, exclusive of aisles and maneu- vering space. All such space shall be in the rear of principal structure and shall be used exclusively for the loading and unloading of merchandise. All such facilities including their related aisles and maneuvering space shall be surfaced in the same manner as that • prescribed for parking areas. • 12.09 Landscaping. 1. All exposed ground areas of a permitted use which are not devoted to drives, sidewalks, patios or similar uses shall be landscaped with grass, shrubs, trees , or other ornamental land- scape materials, which shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise. 2. The landscaped area of a zoning lot in an I-1 • District shall total not less than the sum of the front, side and rear yard areas, or 15% of the area of the zoning lot, whichever is greater. 12.10 Outside Storage. 1. All outside storage areas shall be enclosed by a screen wall fence of not less than 10 feet in height. Said screen wall fence shall be 100% opaque and shall be so designed and constructed as to be architecturally harmonious with the principal structure. A screen planting or other method of screening may be substituted for the screen wall fence • at the discretion of the Council; provided, however, that any such screen planting shall fulfill the foregoing -61- 4 • height and opacity requirements throughout each season of the yard within 24 months after date of planting. 12.11 General Regulations. 1. Additional regulations in the I-1 Industrial District are set forth in Section 19. 12.12 Boundaries of the I-1 Industrial District. The boundaries of the I-1 Industrial District shall include the following described tracts and parcels of land: -62- • • • SECTION 13. (Reserved for future use) -63- • • 't • SECTION 14. P-1 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. 14.01 Objectives. The Village being confronted with in- creasing urbanization and acknowledging that technology of land develop- ment and demand for housing are undergoing substantial and rapid changes, intends: 1. To provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning and subdivision ordinances without compro- mising the health, safety, order, convenience and general welfare of the Village and its is residents; 2. To encourage the more efficient allocation and innovative use of common open space adjoining residential buildings in order that greater opportunities for better housing and recreation may be extended to the residents of the Village; 3. To provide for the establishment of regulations and procedures for planned residential district development designed to meet the need for moderate and low cost housing, including the uti- lization of preconstructed and preassembled • dwelling units of a permanent nature without sacrificing quality construction and -64- 0 0 0- 8/24/71 assembly standards and tax base; and 4. To provide administrative procedures which can relate a planned development district to a particular site and which may encourage the dis- position of planned development district proposals without undue delay. 14.02 Permitted Uses. Within a P-1 Planned Residential Development District, no building or land shall be used except for the following use: 1. Single family dwellings. 2. Two family dwellings. 3. Multiple dwellings. 4. Townhouses. 14.03 Accessory Uses. Within a P-1 Planned Residential Development District, the following uses shall be allowed as accessory to the permitted use: 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 14.04 Conditional Uses. Within a P-1 Planned Residential Development District, the following uses may be allowed, but only upon the securing of a Conditional Use Permit: 1. Retail shops and restaurants situated entirely within is a multiple dwelling building, and which are accessible only from the interior of the building and have no -65- 0 advertising or display which is visible from the outside of the building, and which facilities are provided primarily for the residents of the building. 14.05 Procedure for P-1 Planned Residential Development District Zoning, Platting and Development. 1. }Dwnership and Unified Control: a. Land proposed to be developed as a P-1 Planned Residential Development District shall be under single ownership or unified control. The owner or controlling entity shall hereinafter be referred to as the applicant. Centralized management shall be a desired characteristic of a P-1 District. 2. Sketch Plan: a. The applicant may prepare a sketch plan of the proposed development for review by the Planning Commission. Such sketch plan will be considered as having been submitted for informal discussion between the applicant and the Planning Commission. b. Submission of a sketch plan shall not con- stitute formal filing of an application for development of a P-1 District. On the basis of the sketch plan, the Planning Commission -66- • i 40 • may informally advise the applicant of the extent to which the plan conforms to the Comprehensive Village Plan and the standards of this and other ordinances of the Village, and may discuss possible modifications necessary to implement approval of the plan. 3. Proposed Preliminary Development Plan: a. Prior to the submission of an application for rezoning, the following documents, which in their entirety shall constitute a proposed preliminary development plan, shall be filed with the Zoning Administrator: (1) Maps and drawings which may be in a general schematic form and showing: a) enough of the area surrounding the proposed development to demonstrate the relationship of the planned development to adjacent uses, b) proposed land uses, area, population densities and land use intensities for each area of land included in the proposed development, c) existing topography, d) existing tree cover, build - ings , streets and other site improvements , -67- • e) proposed access system, indicating both public and private streets, f) common open space and public uses, including schools , parks, recreation areas and undeveloped properties, g) the archi- tectural style of each different type of building. (2) A written report or statement which shall include a) the nature of the applicant's ownership or control in the land proposed to be developed, b) a description of the type of proposed development, including population densities and land use intensities , c) requested modification in the requirements of this ordinance otherwise applicable to the property, d) the expected schedule and sequence of development. b. Within 14 days after the submission of the pro- posed preliminary development plan the Zoning Administrator shall review the proposed plan, and may schedule meetings with the applicant for the purpose of presenting his findings or recommended modifications. The Zoning Admini- strator shall either grant preliminary approval -68- • of the proposed plan as submitted, or grant preliminary approval subject to specified modifications, or deny preliminary approval of the proposed plan.stating reasons for the denial. c. If the proposed preliminary development plan is denied or approved with conditions with which the applicant does not agree, the appli- cant may request that the proposed plan be forwarded to the Planning Commission for its consideration. • 4. Preliminary Development Plan: a. A preliminary development plan shall be sub- mitted to the Planning Commission together with an application for rezoning within 45 days from the date of the decision by the Zoning Administrator on the proposed plan. b. The preliminary development plan shall conform to and include all of the information required under Subsection 3 of Section 14.05 of this ordinance, and such additional information requested by the Zoning Administrator. In addition, the following shall be required: 1) detailed drawings of land uses showing -69- • proposed buildings, parking and garaging arrangements, common open space areas, recreation improvements and structures, and open spaces around buildings and structures, 2) preliminary elevation drawings of all pro- posed structures and buildings except detached single family dwellings, 3) a perspective drawing or model which clearly shows the architectural style of the development, 4) proposed agreements, provisions or cove- nants regulating the establishment, use, • maintenance and continued stability of the planned development and any of its common open space areas, 5) a schedule showing estimated progression of development. c. The Planning Commission shall conduct a public hearing in accordance with the pro- visions of this ordinance to consider for approval or disapproval the application for rezoning and the preliminary development plan. At the conclusion of such hearing the Planning Commission shall make its recommendation to • the Village Council which may include the following: 1) approval or disapproval of the -70- • rezoning application, 2) approval of the preliminary development plan, 3) disapproval of the preliminary development plan stating reasons for the disapproval, 4) approval of the preliminary development plan subject to specified modifications and conditions. d. The Planning Commission shall recommend a written time schedule for development, and shall specify a time limit within which a final development plan of all units within the project shall be filed with the Zoning Administrator • for submission to the Planning Commission and the Village Council. e. The Village Council may 1) approve the prelimi- nary development plan and application for rezoning, 2) disapprove the preliminary development plan and application for rezoning stating reasons for the disapproval, or 3) approve the preliminary development plan and application for rezoning subject to specified modifications and conditions. 5. Final Development Plan: • a. A final development plan shall be filed with the Zoning Administrator to be submitted to the Planning -71- • • • Commission and the Village Council within the time limit specified by the Planning Commission as provided in subsection 4 d. above. b. The final development plan shall include the follow- ing: 1) preliminary plat in accordance with the applicable provisions of Ordinance 33, Chan- hassen Subdivision Ordinance, including agreements, provisions, covenants and specifications required for approval of the final development plan, 2) final building drawings and specifications, 3) final site plans including a landscape schedule, 4) engineering plans and reports as required by the Council, 5) any other information or docu- ments required by the Council for the approval of the final development plan including a planned unit development contract and any bonds, deposits of money or security. c. Approval of the final development plan shall not be granted by the Village Council unless it finds the following: 1) the proposed develop- ment is not in conflict with the Comprehensive Village Plan, 2) the proposed development is designed in such a manner as to form a desirable -72- 0 and unified environment within its own boundaries, 3) the proposed uses will not be detrimental to present and future land uses in the surrounding area, 4) any exceptions to the zoning and sub- division ordinances are justified by the design of the development, 5) the planned development is of sufficient size, composition and arrange- ment that its construction and operation is feasible as a complete unit without dependence upon any other unit, 6) the planned development will not create an excessive burden on parks, • schools, streets and other public facilities and utilities which are proposed to serve the develop- ment, 7) the planned development will not have an adverse impact on the reasonable enjoyment of neighboring property. d. The Village Council may 1) approve the final development plan, 2) disapprove the final development plan stating reasons for the dis- approval, or 3) approve the final development plan subject to specified modifications and conditions. • e. If approved, the final development plan shall -73- • be filed in the office of the Zoning Administrator. 14.06 Revisions and Changes. 1. Minor Changes: Minor changes in the placement and height of buildings or structures may be autho- rized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final development plan was approved. Any such authorization shall be in writing and filed in the office of the Zoning Administrator. 2 . Amendments: Changes in uses, any re -arrangement of lots, blocks, or building tracts , any changes • relating to common open space areas, and all other changes in the approved final development plan may be made by the Village Council only after a public hearing by the Planning Commission and the sub- mission of its recommendations thereon to the Village Council. No amendments may be made in the approved final development plan unless they are found to be required by changes in conditions which have occurred subsequent to approval of the final development plan, or by changes in the development policy of the Village. All such changes shall be • filed in the office of the Zoning Administrator as amendments to the final development plan. -74- • 14.07 Annual Review. 1. Planning Commission Review. The Planning Com- mission shall review all Planned Unit Development Districts at least once each year and submit a report to the Village Council on the status of development. 2. Village Council Action: If the Village Council finds that development has not occurred within a reasonable time after approval of the final development plan, the Village Council may instruct the Planning Commission to initiate rezoning to the original • zoning district by removing the Planned District zoning. 14.08 Building Design and Construction. 1. Multiple Residence Building: Within a P-1 District, building design and construction for a multiple residence building containing more than 12 dwelling units, and buildings accessory thereto, shall be governed by the provisions of Section 8.06 of this ordinance. 14.09 Common Open Space. 1. The establishment, use, maintenance and dis- position of Common Open Space areas within a • P-1 District shall be governed by the provisions of Section 21 of this ordinance. -75- • U 0 • • 14.10 General Requlations . 1. Additional regulations in the P-1 Planned Resi- dential Development District are set forth in Section 19. 14.11 Boundaries of the P-1 Planned Residential Development District. The boundaries of the P-1 Planned Residential Develop- ment District shall include the following described tracts and parcels of land: -76- • 8/24/71 0 SECTION 15. P-2 PLANNED UNIT DEVELOPMENT DISTRICT. 0 15.01 Objectives. The P-2 Planned Unit Development District is intended to provide a district appropriate for high density residential uses and office buildings for administrative, financial and professional uses, par- ticularily in transitional situations between business or industrial districts and residential districts. It is further intended that to the extent reasonably possible the P-2 District be characterized by central management, integrated architectural design of buildings, joint or common use of parking and other similar facilities and a harmonious selection and efficient distribution of per- mitted uses within the district. 15.02 Permitted Uses. Within a P-2 Planned Unit Develop- ment District, no building or land shall be used except for the following uses: 1. Single family dwellings. 2. Two family dwellings. 3. Townhouses. 4. Multiple dwellings. 5. Administrative offices. 6. Medical, dental, legal and similar professional offices. 7. Financial institutions. 8. Restaurants. 9. Theaters, not including "drive-in" type. 15.03 Accessory Uses. Within a P-2 Planned Unit Development District, the following uses shall be allowed as accessory to the permitted use: -77- a. I . Subordinate uses which are clearly and customarily accessory to the permitted use. 15.04 Procedure for P-2 Planned Unit Development District Zoning, Platting and Development. 1. Zoning, Platting and Development: a. Procedures for the zoning, platting and development of a P-2 District shall be governed by the provisions of Sections 14.05 to 14.07 inclusive of this ordinance. 15.05 Building Design and Construction. 1. Multiple Residence Buildings: Within a P-2 District, building design and construction for multiple residence buildings, and buildings accessory thereto, shall be governed by the provisions of Section 8.06 of this ordinance. 2. Commercial Buildings: Within a P-2 District, building design and construction for all buildings other than multiple residence buildings shall be governed by the provisions of Section 9.06 of this ordinance. 15.06 Land Use Intensity. 1. Commercial Buildings: Within a P-2 District not Is more than 30% of the lot area shall be occupied by buildings. OM • 00 I* • 15.07 Common Open Space. 1. The establishment, use, maintenance and dis- position of Common Open Space areas within a P-2 District shall be governed by the provisions of Section 21 of this ordinance. 15.08 General Regulations. 1. Additional regulations in the P-2 Planned Unit Development District are set forth in Section 19. 15.09 Boundaries of the P-2 Planned Unit Development District. The boundaries of the P-2 Planned Unit Development District shall include the following described tracts and parcels of land: -79- • • SECTION 16. P-3 PLANNED COMMUNITY DEVELOPMENT DISTRICT. 16.01 Objectives. The P-3 Planned Community Development District is intended to provide a pre -planned development of high density residential uses, office buildings for administrative, financial and professional uses, and industrial uses complying with the standards of the P-4 Planned Industrial Development District. It is further intended that to the extent reasonably possible the P-3 District be characterized by central management, integrated architectural design of buildings, joint or common use of parking and other similar facilities and a harmonious selection and efficient distribution of permitted uses within the district. 16.02 Permitted Uses. Within a P-3 Planned Community Development District, no building or land shall be sed except for the following uses: is 1. Multiple dwellings containing not less than twelve (12) dwelling units. 2. Administrative offices. 3. Medical, dental, legal and similar professional offices. 4. Financial institutions. S. Restaurants. 6. Theaters. 7. Industrial uses complying with the standards of the P-4 Planned Industrial Development District. .= 9 9 • • 16.03 Accessory Uses. Within a P-3 Planned Community Development District, the following uses shall be allowed as accessory to the permitted use: 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 16.04 Procedure for P-3 Planned Community Development District Zoning, Planning and Development. 1. Zoning, Platting and Development. a. Procedures for the zoning, platting and development of a P-3 District shall be governed by the provisions of Sections 14.05 to 14.07 inclusive of this ordinance. 16.05 Building Design and Construction. 1. Multiple Residence Buildings: Within a P-3 District, building design and construction for multiple residence buildings, and buildings accessory thereto, shall be governed by Section 8.06 of this ordinance. 2. Commercial and Industrial Buildings: Within a P-3 District, building design and construction for all buildings other than multiple residence buildings shall be governed by the provisions of Section 9.06 of this ordinance. • • • • 16.06 Land Use Intensity. 1. Commercial and Industrial Buildings: Within a P-3 District, not more than 30% of the lot area shall be occupied by buildings. 16.07 Common Open Space. 1. The establishment, use, maintenance and dis- position of Common Open Space areas within a P-3 District shall be governed by the provisions of Section 21 of this ordinance. 16.08 General Regulations. 1. Additional regulations in the P-3 Planned Community Development District are set forth in Section 19. 16.09 Boundaries of the P-3 Planned Community Development District. The boundaries of the P-3 Planned Community Develop- ment District shall include the following described tracts and parcels of land. MOM SECTION 17. P-4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT. 17.01 Objectives. The P-4 Planned Industrial Development District is intended to provide a planned industrial development district of high quality with regulations, controls and standards for the orderly develop- ment and maintenance of permitted uses therein which will be complimentary to and compatible with the predominantly suburban -rural character of the Village, and which will insure to the owners and occupants of permitted uses the full use, benefit and prestige of a planned industrial district of exemplary standards in selected areas deemed especially adapted by reason of surroundings, transportation facilities and other facts to such land use to enable such a district to make a fair and continuing contribution to the • general welfare of the Village and its neighboring communities. It is further intended that to the extent reasonably possible the P-4 District be characterized by central management and a harmonious selection and efficient distribution of permitted uses within the district. 17.02 Permitted Uses. Within a P-4 Planned Industrial District, no building or land shall be used except for the following uses: 1. Manufacturing, compounding, processing, packaging, treatment and assembly of products and materials, but excluding uses engaged prin- cipally in the processing of used products or materials and excluding the processing of animals. 2. Research, testing and experimentation. MOW 0 • • 3 . Offices. 4. Wholesaling and warehousing of non- perishable products not manufactured on the premises of the permitted use, provided such products are the property of on consigned to the owner of the permitted use or a lessee thereof, and provided further that the owner or lessee of the permitted use does not establish said use as a freight terminal operation. 17.03 Accessory Uses. Within a P-4 Planned Industrial Development District, the following uses shall be allowed as accessory to the permitted use: 1. Subordinate uses which are clearly and customarily accessory to the permitted use. 2. Personnel service facilities providing personal services, education, recreation, food and convenience goods to only those personnel employed on the permitted use. 3. Warehousing and outside storage of raw materials, supplies and equipment used on the premises of the permitted use, and products manufactured or assembled on said premises; provided however, that all outside storage areas shall not comprise an area greater than the floor --84— area of the principal structure on the permitted use, and shall be enclosed by a screen wall fence of not less than 10 feet in height. Said screen wall fence shall be 100% opaque and shall be so designed and constructed as to be architecturally harmonious with the principal structure. A screen planting may be substituted for the screen wall fence at the discretion of the Council; provided however, that any such screen planting shall fulfill the foregoing height and opacity requirements throughout each season of the year within 24 months after date of planting. 4. Office and administrative facilities. 5. Shipping and receiving spaces and mailing and order pick-up facilities. 17.04 Procedure for P-4 Planned Industrial Development District Zoning, Planning and Development. 1. Zoning, Platting and Development. a. Procedures for the zoning, platting and development of a P-4 District shall be governed by the provisions of Sections 14.05 - 14.07 inclusive of this ordinance. • LJ • 17.05 Building Design and Construction. Building design and construction within a P-4 District shall be governed by the provisions of Section 9.06 of this ordinance, except as hereinafter set forth: 1. Accessory Buildings. a. Exteriors of accessory buildings shall have the same exterior finish as the principal structure. 17.06 Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be deemed excessive when they exceed or deviate from the performance standards established in Section 12.07 of this ordinance for the I-1 District, and the performance standards and procedures of said Section 12.07 shall be applied in every case to uses within a P-4 District. 17.07 Common Open Space. 1. The establishment, use, maintenance and dis- position of Common Open Space areas within a P-4 District shall be governed by the provisions of Section 21 of this ordinance. 17.08 General Regulations. 1. Additional regulations in the P-4 Planned Industrial . Development District are set forth in Section 19. • 17.09 Boundaries of the P-4 Planned Industrial Development District. The boundaries of the P-4 Planned Industrial Develop- ment District shall include the following described tracts and parcels of land: 11 • • SECTION 18. F-1 FLOOD PLAIN & WATERCOURSE DISTRICT. 18.01 Purpose. The Flood Plain & Watercourse District is established in the public interest to protect persons and property from the hazards of flood water inundation and soil erosion, and to protect the natural resources of the Village including the lakes, wetlands, marshes and natural watercourses from land uses incompatible with the interests of the public in preserving these amenities in their natural state for the public good. In addition to foregoing general purposes, it is the specific intent of this ordi- nance to: 1. Reduce danger to persons and property by pre- venting land changes which could create • conditions conducive to soil erosion. 2. Encourage land uses which will not impede the flow of flood water or cause danger to persons or property. 3. Encourage land uses compatible with the preser- vation of lakes, marshes, wetlands and water- courses in their natural state. 4. Protect the natural water resources by the elimination of sources of pollution and sedimentation. 18.02 Definitions. For the purposes of Section 18, the terms defined herein have the following meanings: 0 0- • • • 1. "Regional flood" means a flood which is repre- sentative of large floods known to have occurred in the Minnesota River Valley and reasonably characteristic of what can be expected to occur on an average frequency. 2. "Flood plain" means the areas adjoining a water - course which has been or hereafter may be covered by a flood. 18.03 Permitted Uses. Within an F-1 Flood Plain & Water course District no land shall be used except for the following uses: 1. Brazing of livestock. 2. Recreation. 3. Farming and truck gardening involving cultivation of land only, and the growing and preservation of trees and nursery stock. 18.04 Regulations. Within an F-1 Flood Plain & Water- course District the following regulations shall apply: 1. No new structures shall be erected within an F-1 District after the effective date of this ordinance. 2. No major alteration of a structure in existence on the effective date of this ordinance shall be per- mitted within an F-1 District after the effective date of this ordinance. As used herein, major alterations of existing structures shall not include repair and maintenance. -89- • • 3 . No filling, excavating, grading, dumping, nor the clearing of trees or natural vegetation shall be permitted in an F-1 District without specific written approval in the form of a permit issued by the Council. 4. No use of land within an F-1 District shall be permitted which unduly restricts the capacity of the flood plain to carry and discharge a regional flood. 18.05 General Regulations. 1. Additional regulations in the F-1 Flood Plain & Watercourse District are set forth in Section 19. 18.06 Boundaries of the F-1 Flood Plain & Watercourse District. The boundaries of the F-1 Flood Plain & Watercourse District are as shown on that certain map entitled "Chanhassen Flood Plain & Watercourse District Map", dated % ! 1972, on file in the office of the Village Clerk. Said map and all notations, references and data shown thereon are hereby incorporated by reference into this ordinance and shall have the same force and effect as if fully set forth and described herein. It shall be the responsibility of the Zoning Administrator to maintain said map, and amendments thereto shall be recorded on said map within thirty (30) days after official publication of such amendments. • 0 SECTION 19. GENERAL REGULATIONS. 19.01 Regulations and Interpretations. The regulations, interpretations, modifications and exceptions set forth in Section 19 shall apply to all districts unless otherwise specified. 19.02 Signs. 1. The use and display of signs, devices and symbols of visual communication in all districts shall be governed by the provisions of Chanhassen Ordi- nances No. 36, 36-A and 36-B, and every pro- vision contained in said ordinances are hereby adopted and made a part of this ordinance as if • fully set forth herein. • 19.03 Yards. 1. For the purpose of computing front, side and rear yard dimensions, measurements shall be taken from the nearest point of the wall of the building to the street right-of-way line, the side lot line, or the rear lot line, respectively, subject to the following modifications: a. Cornices, canopies, eaves and bay windows may extend into the required yard a distance not exceeding 3 feet. -91- • • b. A wall, fence or hedge may occupy part of the required yard except that no wall or fence more than 8 feet high, except a re- taining wall, shall be constructed only upon the securing of a Conditional Use Permit, and the required front yard of a corner lot shall be unobstructed above a height of 3 feet in a triangular area two sides of which are the lines running along the street lines be- tween the street intersection and a point 15 feet from the intersection and the third side of which is the line between the latter two points. 2. The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view. 19.04 Accessory Buildings. 1. An accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the • requirements of this ordinance applicable to the -92- • • 11 • main building. An accessory building, unless attached to and made a part of the main building shall not be closer than 10 feet to the main building. 2. A detached accessory building shall not be located in any required front or side yard. 3. Within the R-3 and R-4 Residence Districts accessory buildings shall observe the same setback requirements established for the multiple residence building except accessory buildings lobated within the rear yard of the multiple residence building may be located to within 10 feet of the rear or interior side property line. The Council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas. 19.05 Height. 1. Where the average slope of a lot is greater than one (1) foot rise or fall in seven (7) feet of horizontal distance from the established street elevation at the property line, one (1) story in addition to the number permitted in the district in which the lot is situated shall be permitted on the down -hill side of any lot. -93- KI 2 . Towers, antennas, spires , penthouses, scenery lofts , cupolas, water tanks, similar structures and necessary mechanical appurtenances may be built and used to a greater height than the limit established for the district in which the building is located only upon the securing of a Conditional Use Permit. 19.06 Landscaping. 1. All landscaped areas shall be maintained in an attractive and well kept condition. 19.07 Swimming Pools. 1. Private swimming pools located on the site of multiple family dwellings which are intended for and used solely by the occupants of multiple dwellings shall comply with the following regulations: a. No part of the water surface of a swimming pool shall be less than fifty (50) feet from any lot line. b. No pump, filter or other apparatus used to service a swimming pool shall be located less than fifty (50) feet from any lot line. C. The swimming pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. -94- • • • 19.08 Automobile Service Stations. 1. No automobile service station, public garage or gasoline distributing station shall be located within three hundred (300) feet of a school, church, hospital, or other public meeting place having a seating capacity of more than 100 persons. 2. No automobile service station on a site within three hundred (300) feet of an R-1 , R-2, R-3 or R-4 Residential District shall be operated between the hours of 12:01 A.M. and 6:00 A.M. 19.09 Basement Homes. • 1. Basement homes are prohibited in all districts. 19.10 Moving, Alteration or Wrecking of Structures. 1. Buildings or structures moved into or within the village shall comply with the provisions of this ordinance and the Chanhassen Building Code for new buildings or structures. 2. No person, firm, or corporation shall erect, con- struct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the village, or cause the same to be done, without first obtaining a separate building • permit for each such building or structure from the Village Building Official. -95- • 19.11 Projecting and Roof Mounted Equipment. 1. All roof mounted equipment shall be screened from the public view at street level. 2. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound or disrupt the architectural amenities of the building. Units projecting more than 24 inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Village Building Inspector. • 19.12 Transmission Lines. 1. Within all districts the establishment, con- • struction, maintenance and use of overhead or underground transmission lines, conduits or pipelines for the transporting or transmission of gas, oil, petroleum, solids, liquids or high voltage electrical energy is prohibited, except upon the securing of a Conditional Use Permit. IMM 0 19.13 Planned Unit Development Requirements. 1. All proposed land developments and all applications for rezoning which contain in excess of 25 single family zoning lots, or in excess of 24 multiple dwelling units, or in excess of 10 acres for pro- posed commercial or industrial use shall be submitted as proposed planned unit developments and shall be governed by the regulations thereof. 19.14 Uninhabitable Land. 1. Lots, parcels or tracts of land deemed by the Council to be uninhabitable shall not be utilized • for residential use, nor for such other uses as • may endanger life or property or the public health and welfare or create or aggravate a flood, erosion or water pollution hazard, but such land within a zoning district shall be set aside for such uses as shall not create or contribute to any of the foregoing conditions. 19.15 Zoning Lot Limitation. 1. Only one principal structure shall be permitted on each zoning lot. -97- • 0 0 19.16 Outside Storage in Residential Districts. 1. Outside storage of recreational equipment is prohibited in the front and side yards in all residential zoning districts, unless screened by fencing. 2. All outside storage structures in residential zoning districts shall be architecturally harmonious with the principal structure. 19.17 Certificate of Occupancy. 1. The certificate of occupancy required by the Chanhassen Building Code, Ordinance No. 23, shall be issued only for a structure which complies with all applicable provisions of this ordinance and said building code. 9 • C� SECTION 20. NON -CONFORMING USES. 20.01 Continuation. The lawful use of buildings or land existing at the effective date of this ordinance which does not conform to the provisions of this ordinance shall be discontinued within a reasonable period of amortization of the building, and uses of land or buildings which become non -conforming by reason of subsequent amendments of this ordinance shall also be discontinued within a reasonable period of amortization of the building. The period of amortization shall commence with the effective date of this ordi- nance and shall extend for a period of not more than; 1. Fifteen (15) years for buildings of wood frame construction. 2. Twenty (20) years for buildings of wood and masonry construction. 3. Thirty (30) years for buildings of fire proof construction. -99- • • l_] 4. Dwellings found to be non -conforming only by reason of height, yard, or area requirements shall be exempt from the other continuation provisions of this ordinance. 5. Any building or use partially taken by public action under eminent domain proceedings, which building or use is thereby made non -conforming may continue. 20.02 Enlargement or Alteration. No non -conforming use shall be enlarged, altered or increased, or occupy a greater area than that occupied by such use on the effective date of this ordinance or any amendment thereto. A non -conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted. If no structural alterations are made, a non -conforming use of a building may be changed to another non -conforming use of the same or more restricted classification. Whenever a non -conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. 20.03 Restoration. Any building located in any district which is partially destroyed by any cause may be restored to its former use and physical dimensions; provided that any such building which does not conform to the use, height and other restrictions of the district in which it is located and is thus destroyed, according to the estimate of the Council or some official designated by it, to the extent of fifty (50) per cent or more, may not be rebuilt or recon- structed except in accordance with such restrictions. -.100- 0 20.04 Termination of Use. In the event a non -conforming use is discontinued for a period of one (1) year, or if a non -conforming use is replaced by a conforming use, any subsequent use of the premises shall be in conformity with the use regulations specified for the district in which such use is located. 20.05 Junk Yards. No junk yard may continue as a non- conforming use for more than one (1) year after the effective date of this ordinance, except that a junk yard may continue as a non -conforming use in an I-1 District if within that period it is completely enclosed within a building, fence, screen planting or other device of such height, not less than eight (8) feet in any case, so as to screen completely the operations of the junk 0 yard. Plans for such building or screening device shall be approved by the Council before it is erected or put into place. 20.06 Normal Maintenance. Maintenance, necessary non- structural repairs, and incidental alterations of a building or structure containing or used as a non -conforming use are to be permitted provided that any such maintenance, repairs or alteration does not extend, enlarge , or intensify the non -conforming building or use. 20.07 Public Utility Buildings; Exceptions. Municipally owned utility buildings and structures to be used for purposes of rendering service to the community, and not for warehouse purposes or for the storage of bulky materials, when the Council shall deem them to be clearly necessary for the public • convenience, may be permitted in any district. Such variation from the height and area district regulations may be allowed for such building or structures by the Council as it deems necessary. -101- • • SECTION 21. COMMON OPEN SPACE. I* • • 21.01 Definition. "Common Open Space" is a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a Planned Unit Development District, and designed and intended for the use or enjoyment of occupants of the Planned Unit Development District. Common open space may contain such comple- mentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants of the Planned Unit Development District. 21.02 Dedication of Common Open Space. The Village may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but it shall not be a condition of the approval of a Planned Unit Development District that land proposed to be set aside for common open space be dedicated or made available to public use. 21.03 Non -dedicated Common Open Space. The ownership and maintenance of non -dedicated common open space shall be governed by the following regulations: 1. Ownership. The legal or beneficial owner or owners of all of the land proposed to be included in a Planned Unit Development District shall provide for and establish an organization for the ownership and maintenance of any non -dedicated common open space, and such organization shall -102- 0 shall not be dissolved, nor shall it dispose of any such common open space, by sale or other- wise, except to an organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the Village or other government agency. 2. Maintenance.. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the Planned Unit Development District fail to maintain the common • open space in reasonable order and condition in accordance with the Development Plan, the Village may serve written notice upon such organization or upon the occupants of the Planned Unit Develop- ment District setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen days of • the notice. At such hearing the Village may modify -103- • the terms of the original notice as to the de- ficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall be cured within said thirty days or any extension thereof, the Village, in order to preserve the taxable values of the properties within the Planned Unit Development District and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain • the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Village shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organiza- tion, or to the occupants of the Planned Unit Development District To be held by the Village Council, at which hearing such organization or the occupants of the Planned Unit Development -104- • District shall show cause why such maintenance by the Village shall not, at the election of the Village, continue for a succeeding year. If the Village Council shall determine that such orga- nization is ready and able to maintain said common open space in reasonable condition, the Village shall cease to maintain said common open space at the end of said year. If the Village Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Village may, in • its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the Village Council in any such case shall constitute a final decision. 3. Cost of Maintenance. The cost of maintenance by the Village of common open space shall be specially assessed ratably against the properties within the Planned Unit Development District that have a right of enjoyment of the common open space. • Any such special assessment shall be made in accordance with applicable Minnesota law. -105- U • C7� • SECTION 22. BOARD OF ADJUSTMENTS AND APPEALS; VARIANCES. 22.01 Creation and Membership. There is hereby created a Board of Adjustments and Appeals which shall consist of three members appointed by the Council as follows: One member of the Planning Commission, one citizen at large, and one member selected by the Council from its own membership. The member from the Planning Commission shall be deemed to be the representative of the Planning Commission for purposes of Minnesota Statutes, Section 462.354. The Village Engineer, Fire Chief and Building Inspector shall be ex -officio members without the right to vote. The members of the Board constitute a quorum, and all action of the Board requires the affirmative vote of the quorum. The Board shall serve without compensation. Its members shall serve a term of one year beginning on the first day of January or until their successors are appointed. The Board shall select one of its members as chairman and appoint a secretary who may, but need not, be one of its members. Admini- strative services for the Board shall be furnished by the Council. 22.02 Powers and Duties. The Board of Adjustments and Appeal shall have the power and duty of hearing and deciding, subject to review by the Council in each case, appeals or requests in the following cases: 1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administra- tive officer in the enforcement of this ordinance. -106- • • • 2. To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause hardship because of circumstances unique to the indi- vidual property under consideration. The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: 1. That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 3. That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent totthe property for which the variance is sought. 4. That the grant of the variance will be in keeping with the spirit and intent of this ordinance. The Board of Adjustments and Appeals in recommending, and the Council in granting, a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the • Council shall not permit as a variance any use that is not permitted under this ordinance for property in the zoning district where the land which is the subject of the variance application is located. -107_- • 0 i 22.03 Appeals. Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an admini- strative officer in the enforcement of this ordinance shall be taken within fifteen (15) days after the issuance of such order, requirement, decision or determination. 22.04 Procedures. 1. Form. Appeals and applications for variances shall be filed with the Zoning Administrator on forms prescribed by him. A fee of $35.00 shall be paid upon the filing of an application for a variance, in addition to payment of the established building 0 permit fee, if any. 2. Hearing. Upon the filing of an appeal or application for variance, the Zoning Administrator shall set a time and place for a hearing before the Board of Ad- justments and Appeals on such appeal or application, which hearing shall be held within 30 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 10 days before the date of hearing to the person who filed Is the appeal or application for variance, and, in the case of an application for a variance, to each owner of property situated wholly or partially within 200 -108- • feet of the property to which the variance application relates, as the names and addresses of such owners can be determined by the Zoning Administrator from records available to him. The Board shall thereupon make its decision on the appeal or application for variance, and its action shall be reported in writing to the Council within 15 days after the hearing; and within said 15 days the Board shall serve a copy of such decision upon the appellant or the applicant by mail. 3. Council Action. The Council shall review, and may revise or reverse, any decision of the Board of Adjust- ments and Appeals. In reviewing such decisions the Council may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearings. The Council shall conduct its review of any such decision .and make its findings and order thereon within 60 days after receipt by it of the decision of the Board of Adjustments and Appeals. No permit for a variance shall be issued unless a decision of the Board of Adjustments and Appeals approving the same is reviewed and approved • by the Council. -109- • 0 0 4. Denial. Variances may be denied by the Council and such denial shall constitute a finding and determina- tion that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustments and Appeals. 5. Action Without Decision. If no decision is trans- mitted by the Board of Adjustments and Appeals within sixty (60) days after referral of the appeal or application for variance to the Board, the Council may take action without further awaiting such decision. 22.05 Revocation. A violation of any condition set forth in granting a variance shall be a violation of this ordinance and shall automatically terminate the variance. A variance shall become void one year after it was granted unless made use of within the year. -110- SECTION 23. CONDITIONAL USE PERMITS. 23.01 Purpose. Conditional uses are those uses generally not suitable in a particular zoning district, but which may under some circumstances be acceptable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be issued for a particular use by a particular person, firm, or corporation, and any such permit shall not be transferred or assigned for use by another without the written consent of the Council to such transfer or assignment. Conditional use permits may be issued for any of the following: 1. Any of the uses for which such permits are required 49 or permitted by the provisions of this ordinance. 2. Public utility or public service uses or public buildings in any district when found necessary for the public health, safety, convenience or welfare. 3. Land reclamation, mining, or soil or mineral processing. 4. To classify as a conforming use any non -conforming institutional use existing in any district at the time of the establishment of such district. 5. To permit the location in any district of temporary uses which will not continue for a period of more than is one year. For good cause shown, the Village Council may renew any such temporary permit. -111- 0 23.02 Initiation of Conditional Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive pos- session, or a contractual interest which may become a freehold interest, may file an application to use such land for one or more of the conditional uses pro- vided for in this ordinance in the zoning district in which the land is located. 23.03 Application for Conditional Use. An application for a conditional use shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and data prescribed by the Zoning Administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in Section 23.06 herein- • after. 23.04 Hearing on Application. Upon receipt in proper form of the application and statement referred to in Section 23.03 above, the Planning Commission shall hold at least one public hearing on the proposed conditional use. At least ten (10) days in advance of the hearing, notice of time and place of the hearing shall be published in the official newspaper of the Village. A similar notice shall be mailed at least ten (10) days before the day of hearing to each owner of affected property and property situated wholly or partially within 200 feet of the property to which the conditional use relates. For the pur- pose of giving mailed notice, the Zoning Administrator may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records -112- �J • • of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. 23.05 Authorization. For each application for a conditional use permit, the Planning Commission shall report to the Council its findings and recommendations, designating such conditions and guarantees as the Planning Commission deems necessary for the protection of the public interest. Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearing it deems advisable and shall make a decision upon the application to grant a conditional use permit. If it finds that the conditions exist which are necessary under Section 23.06 before the Planning Commission may recommend the granting of a conditional use permit, the Council may grant the use permit and may attach to the permit such conditions and require such guarantees as it deems necessary to insure compliance and to protect adjacent properties. 23.06 Standards. No conditional use shall be recommended by the Planning Commission unless it shall find: 1. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. That the conditional use will not be injurious to the use and enjoyment of other property in the • immediate vicinity for the purposes already per- mitted, nor substantially diminish and impair property values within the neighborhood. -113- • 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 23.07 Conditions and Guaranties. Prior to the granting of any conditional use, the Planning Commission may recommend, and the Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed • necessary for the protection of the public interest and to secure compliance with • the standards and requirements specified in Section 23.06 above. In all cases in which conditional uses are granted the Council shall require such evidence and guaranties as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 23.08 Revocation. 1. A violation of any condition set forth in a conditional use permit shall be a violation of this ordinance, and any such violation shall constitute sufficient cause for the revocation of the conditional use permit by the Council. -114- • • 2. In any case where a conditional use has not been established within 90 days after the granting thereof, then without further action by the Council, the conditional use or authorization therefor shall be null and void. 23.09 Denial of Conditional Use. No application for a con- ditional use which has been denied by the Council shall be resubmitted for a period of one year from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Council. 23.10 Conditional Use Permit Fees. The following fees.and costs shall,be paid to the Village by the applicant for a conditional use permit: 1. A minimum fee of $35.00 to be paid upon the filing of the application for the conditional use permit. 2. All direct expense of the Village incurred or expended by it in the processing of the conditional use permit application, including publication, mailing, legal and engineering costs. 3. At the time of the filing of a conditional use permit application, the Zoning Administrator may require the applicant to deposit with the Village funds esti- mated by the Zoning Administrator to be sufficient to defray all Village expense in processing said • application. Any balance of said deposit remaining after completion of Proceedings on the application shall be refunded to the applicant. -115- U SECTION 24. AMENDMENTS 24.01 Purpose. This ordinance may be amended only by an affirmative vote of four-fifths (4/5) of the Village Council. 24.02 Initiation. Proceedings for amendment of this ordinance shall be initiated by: fl) a petition of the owner or owners of the property, the zoning of which is proposed to be changed; (2) a recommendation of the Planning Commission; or (3) by action of the Council. 24.03 Application. All applications for amendments which are initiated by the petition of the owners of property shall be filed in the office of the Zoning .Administrator and shall be accompanied by six (6) copies of a set 6f plans and graphics containing the following information: • 1. A generalized location map showing the location of the proposed site in relation to the Village. 2. A scaled plot plan with north indicated, of the proposed site showing all site dimensions. 3. All types of proposed uses. 4. Location of all buildings and structures on the pro- posed site. 5. Elevation drawings or illustrations indicating the architectural treatment of all proposed buildings and structures. 6. An abstractor's certificate showing the names and • addresses of all property owners within two hundred (200) feet of the outer boundaries of the property in question. -116- • 7. Any plans for the modification of standards set by this ordinance or any other ordinance of the Village. 8. Location and size of all required parking spaces. 9. Landscaping plan including location, size, and type of all proposed planting materials. 10. General floor plans of all proposed buildings and structures. 11. Indication of location, size, and type of storage facilities for the storage of trash and waste materials. 12. Design layout and size of all proposed signs. • 13. Drainage plan of the proposed site. 24.04 Public Hearing; Notice and Procedure. The Planning Commission shall hold at least one public hearing on proposals for amendment of this ordinance, affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days nor more than thirty (30) days notice of time and place of such hearing, published in the legal newspaper for the Village. When an amendment involves changes in zoning district boundaries, such notice shall also contain the description of the land and the proposed changes in zoning. At least ten (10) days before the hearing the Zoning Administrator shall mail an identical notice to the owner and to each of the property owners within two hundred (200) feet of the outside boundaries of the land proposed to be re- zoned. For the purpose of giving mailed notice, the Zoning Administrator may -117- • • • use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with this section has been made. 24.05 Action by Planning Commission. Within sixty (60) days after the date of receipt of the petition by the Zoning Administrator, the Planning Commission shall make a written report to the Council stating its findings and recommendations. 24.06 Action by Council. Upon the filing of the report of the Planning Commission, the Council may hold such public hearings upon the amendment as it deems advisable. If the Planning Commission fails to make a report within sixty (60) days after receipt of the application, then the Council shall hold a public hearing within thirty (30) days after the expiration of said sixty (60) day period. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the Council. The Council shall give not less than ten (10) days nor more than thirty (30) days notice of time and place of such hearing published in the legal newspaper for the Village, and such notice shall contain a description of the land and the pro- posed change in zoning when the amendment involves changes in zoning district • boundaries. -118- • At least ten (10) days before the hearing the Council shall order the Zoning Administrator to mail an identical notice to the owner and to each of the property owners within two hundred (200) feet of the outside boundaries of the land proposed to be rezoned. Failure to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings. After the conclusion of the hearing, if any, the Council may take final action upon the application or it may continue the matter from time to time for further investigation and hearing. The Council may also request further information and report from the Planning Commission. 24.07 Referral to Planning Commission. The Council shall not rezone any land in any zoning district or make any other proposed amendment to is this ordinance without having first referred it to the Planning Commission for is its consideration and recommendation. 24.08 Effect of Denial. Rezoning applications may be denied by motion of the Council and such motion shall constitute a finding and determi- nation that the proposed rezoning is not in the best interest for the development of the Village. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission. 24.09 Fees. The following fees and costs shall be paid to the Village by the applicant for amendment of zoning district boundaries: -119- • 1. A minimum fee of $25.00 to be paid upon the filing of the application for amendment. 2. All direct expense of the Village incurred or expended by it in the processing of the zoning amendment application, including publication, mailing, legal and engineering costs. 3. At the time of the filing of a zoning amendment application, the Zoning Administrator may require the applicant to deposit with the Village funds esti- mated by the Zoning Administrator to be sufficient to defray all Village expense in processing said • application. Any balance of said deposit remaining after completion of proceedings on the application shall be refunded to the applicant. 4. Applications for amendment filed in the public interest by the Council or the Planning Commission shall be exempt from fees. -120,- • • SECTION 25. ADMINISTRATION AND ENFORCEMENT. 25.01 Enforcing Officer. This ordinance shall be administered and enforced by the Zoning Administrator, who shall be appointed by the Council. 25.02 Zoning Administrator; Duties. The Zoning Administrator shall enforce this ordinance and in addition thereto and in furtherance of said authority he shall: 1. Determine that all building permits comply with the terms of this ordinance. 2. Conduct inspections of buildings and use of land to determine compliance with the terms of this ordinance. 3. Maintain permanent and current records of this ordinance, including but not limited to, all maps, amendments and conditional uses, variances, appeals and applications therefor. 4. Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies. 5. Institute in the name of the Village any appropriate actions or proceedings against a violator as provided by law. 6. Serve as an ex officio nonvoting member of the Planning Commission. -121- 0 SECTION 26. SEPARABILITY. It is hereby declared to be the intention of the Council that the several provisions of this ordinance are separable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any pro - 40 vision of this ordinance to a particular tract of land, building or structure, such judgment shall not affect the application of said pro- vision to any other tract of land, building or structure not specifically included in said judgment. SECTION 27. VIOLATIONS AND PENALTIES. 27.01 Violations and Penalties. Any person, firm, or corpora- tion who shall violate any of the provisions hereof, or who shall make any false statement in any document required to be submitted under the provisions hereof, . shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $300.00 or by imprisonment for not to exceed 90 days. -122:- • Each day that a violation continues shall constitute • a separate offense. 27.02 Enforcement. In the event any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the Zoning Administrator may institute any proper action or proceeding in the name of the Village (a) to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use; or (b) to restrain or abate such violation; or (c) to prevent the use or occupancy of any such building, structure or land. -123 - 01 0 SECTION 28. REPEAL. Ordinance No. 1, including Amendments Nos. 1 through 8 inclusive, entitled "Zoning Ordinance for the Township of Chanhassen", enacted March 3, 19 52 , and Chanhassen Village Ordinances Nos. 26, 2 6A, 26B, 26C and 26D, enacted f✓2/�,July 8, 1968, December 16, 1968,G4�Z 7fq0, orf i W-7 , respectively, Chanhassen Village Ordinance No. enacted /_, and Subsections 2 and 3 of Section 10 and Subsection 4 of Section 12 of Chanhassen Village Ordinance No. 28, enacted June 17, 1968, are hereby repealed. SECTION 29. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 8th day of February, 1972. ATTEST: C LE RK Public Hearings Conducted Published in 1972. on the -124- day of