Ordinance 064A
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 64
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR
DEVELOPMENT WITHIN THE AREAS OF CHANHASSEN NOT SERVED BY CITY
SANITARY SEWER, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
Section 1. Intent and Purpose.
This Ordinance is adopted for the purpose of:
1. Protecting the health, safety and welfare of the residents
and future residents of the City of Chanhassen; and
2. Allowing a reasonable time for this City to develop and
adopt an ordinance and other official controls which:
a. will regulate individual sewer disposal systems so as
to prevent contamination of underground bodies of
water or of streams, lakes, rivers, or other surface
bodies of water; and
b. will prevent individual sewer disposal systems from
creating a health hazard or a nuisance for the
general public or for individuals; and
C. will make it unnecessary to provide central public
• sewage disposal systems for areas in the City of
Chanhassen not intended for urban development in the
foreseeable future, as shown by the Comprehensive Plan
for the City of Chanhassen; and
3.
4.
Section 2.
Protecting the planning processes of the City of Chanhassen
and its citizens.
Protecting rights in property created prior to the date of
the enactment of this ordinance.
Moratorium.
2.01 Prohibition. Pending the adoption of the aforesaid ordinance
and official controls, no building permit shall be issued for the
construction, erection or moving of any building on any tract of
land within the limits of the City not served by the municipal
sanitary sewer system; and no person, firm or corporation shall
construct, erect or move any building upon any land within the
limits of the City not served by the municipal sanitary sewer system.
2.02 Exceptions to Moratorium.
1. Agricultural Uses. The provisions of 52.01 of this ordinance
shall not prohibit the issuance of building permits for
structures to be utilized solely for agricultural uses and
not employing individual sewer disposal systems. The
definition of agriculture and agricultural uses applicable
under this ordinance shall be as set forth in the Chanhassen
Zoning Ordinance.
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2. Single Family Residential Construction. Except as
hereinafter provided, the provisions of §2.01 of this
ordinance shall not prohibit the issuance of building permits
for single family residential construction or moving, and
shall not prohibit such construction or moving if such
proposed single family residence is to be located:
Section 3.
a. Upon an unimproved unplatted tract of land which was
of record in the offices of the county recorder or
registrar of titles on March 15, 1971, and which is
not less than two and one-half (2-1/2) acres in size
and which shall have a front yard of not less than
fifty (50) feet, a side yard on one side of not less
than one hundred (100) feet, and a side yard on the
other side of not less than ten (10) feet, a rear yard
of not less than fifty (50) feet, and which shall
adjoin a public road or city street. The depth of each
such.tract shall not be greater than two (2) times
the width.
b. Upon an unimproved existing platted lot which shall
contain at least thirty thousand (30,000) square feet
and which shall have a front yard of not less than
thirty (30) feet, a side yard of not less than ten (10)
feet, and a rear yard of not less than thirty (30) feet.
For purposes of this section an existing platted lot
shall include an unimproved registered land survey of
record in the office of the registrar of titles on
March 15, 1971, and which meets the standards of this
section.
C. All proposed building sites under 52.02(2)(a) and (b)
above shall be inspected by the City Building Inspector,
and no building permit shall be issued for any site
on which, in the opinion of the building inspector,
an inadequate surface or subsurface drainage or soil
porosity condition may exist. The applicant for a
building permit may be required at the expense of the
applicant to furnish such engineering tests as the
building inspector may reasonably require to aid him
in making his judgment, and in the exercise of said
judgment he shall take into consideration the impact
of the issuance of any such permit upon contiguous
properties.
Penalty.
Any person, firm or corporation violating the provisions of this
Ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not to exceed Three hundred
dollars ($300.00), imprisonment for not to exceed ninety (90) days,
or both.
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•
In the event any building or structure is constructed, erected, or
moved in violation of this Ordinance, the Zoning Administrator may
institute any proper action or proceeding in the name of the City
(a) to prevent such unlawful construction, erection, or moving,
(b) to restrain or abate such violation; or (c) to prevent the use.
or occupation of any such building or structure.
Section 4. Effective Date.
This Ordinance shall take effect from and after its passage and pub-
lication, and shall remain in force until the date of the adoption
of the Ordinance contemplated hereunder or December 31, 1977,
whichever date occurs first.
Passed by the Council this 9th
ATTEST
Cit Manager/City ler
day of May , 1977.
f"
Mayor
Published in Carver County Herald on May 12 , 1977.
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