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ORDINANCE
' 47
D6,TED FEBRUARY 8, 1972
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TABLE OF CONTENTS
Page
PURPOSES AND INTENT .............................. 3
TITLE................................................ 3
SCOPE AND INTERPRETATION
3.01 Scope ................................... 3
3.02 Non -Conforming Use ....................... 3
3.03 Interpretation ............................. 3
RULES AND DEFINITIONS
4.01 Rules ..................................... 3
4.02 Definitions ................................ 3
Page
C-2 COMMERCIAL DISTRICT
10.01
Purpose ....................................
10.02
Permitted Uses ..............................
10.03
Accessory Uses .............................
10.04
Conditional Uses ............................
10.05
Height, Yard, Area and Lot Width
11.02
and Depth Regulations .......................
10.06
Building Design and Construction ..............
10.07
Parking ...................................
10.08
Landscaping ...............................
10.09
General Regulations .........................
10.10
Boundaries of the C-2 Commercial District ......
CLASSIFICATION OF ZONING DISTRICTS
8.01
C-3 COMMERCIAL SERVICE DISTRICT
5.01
Zoning Districts ............................
5
11.01
Purpose....................................
5.02
Zoning Map ...............................
5
11.02
Permitted Uses..............................
5.03
District Boundaries ........................
5
11.03
Accessory Uses.............................
5.04
Compliance .................................
6
11.04
Conditional Uses............................
14.10
General Regulations .........................
14.11
11.05
Height, Yard, Area and Lot Width
R -IA AGRICULTURAL
RESIDENCE DISTRICT
and Depth Regulations ......................
6.01
Purpose ...................................
6
11.06
Building Design and Construction ..............
6.02
Permitted Uses .............................
6
11.07
Parking.....................................
6.03
Accessory Uses ..............................
6
11.08
Landscaping...............................
6.04
Uses by Conditional Use Permit ..............
6
11.09
General Regulations ....................... .
6.05
Height, Yard, Area and Lot Width
11.10
Boundaries of the C-3 Commercial
and Depth Regulations .....................
6
Service District..............................
6.06
Parking .....................................
6
6.07
General Regulations ........................
6
1-1 INDUSTRIAL
DISTRICT
6.08
Boundaries of the R-1 A Agricultural
12.01
Purpose ...................................
District ....................................
6
12.02
Permitted Uses.............................
12.03
Accessory Uses ..............................
R-1 SINGLE FAMILY RESIDENCE DISTRICT
12.04
Conditional Uses ...........................
7.01
Purpose ....................................
6
12.05
Height, Yard, Area and Lot Width
7.02
Permitted Uses .............................
6
and Depth Regulations.....................
7.03
Accessory Uses ..............................
6
12.06
Building Design and Construction ............
7.04
Uses by Conditional Use Permit ................
6
12.07
Performance Standards ......................
7.05
Height, Yard, Area and Lot Width
12.08
Parking ....................................
and Depth Regulations .....................
6
12.09
Landscaping................................
7.06
Parking .....................................
6
12.10
Outside Storage............................
7.07
General Regulations .........................
7
12.11
General Regulations ........................
7.08
Boundaries of the R-1 Residence District .......
7
12.12
Boundaries of the 1-1 Industrial District ........
R-2, R-3 AND R-4 MULTIPLE RESIDENCE DISTRICTS
8.01
Purpose ....................................
8.02
Permitted Uses ..............................
8.03
Accessory Uses .............................
8.04
Uses by Conditional Use Permit ................
8.05
Height, Yard, Area and Lot Width
and Depth Regulations .......................
8.06
Building Design and Construction ..............
8.07
Parking ....................................
8.08
General Regulations .........................
8.09
Boundaries of the R-2, R-3 and
9.10
R-4 Residence Districts .......................
C-1 OFFICE BUILDING DISTRICT
9.01
Purpose .....................................
9.02
Permitted Uses ..............................
9.03
Accessory Uses .............................
9.04
Uses by Conditional Use Permit ...............
9.05
Height, Yard, Area and Lot Width
and Depth Regulations ......................
9.06
Building Design and, Construction ............ .
9.07
Parking ....................................
9.08
Landscaping ................................
9.09
General Regulations .........................
9.10
Boundaries of the C-1 Office Building District ....
9
10
10
10
10
10
10
10
10
10
10
11
11
11
11
I1
I1
11
11
11
11
14
14
14
14
14
15
15
SECTION 13.
Reserved for Future Use ..................... 15
P-1 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
14.01
Objectives ..................................
14.02
Permitted Uses .............................
14.03
Accessory Uses .............................
14.04
Conditional Uses ...........................
14.05
Procedure for P-1 Planned Residential
Development District Zoning, Platting
and Development ..........................
14.06
Revisions and Changes .......................
14.07
Annual Review ..............................
14.08
Building Design and Construction ..............
14.09
Common Open Space ........................
14.10
General Regulations .........................
14.11
Boundaries of the P-1 Planned Residential
Development District ........................
P-2 PLANNED UNIT DEVELOPMENT DISTRICT
15.01
Objectives .................................
15.02
Permitted Uses ..............................
15.03
Accessory Uses .............................
15.04
Procedure for P-2 Planned Unit Development
District Zoning, Platting and Development. . .
15
15
15
15
15
16
16
16
16
16
16
16
16
16
16
Page
15.05
Building Design and Construction .............. 16
15.06
Land Use Intensity ........................... 16
15.07
Common Open Space ....................... 16
15.08
General Regulations ......................... 16
15.09
Boundaries of the P-2 Planned
Development District Zoning, Planning
Unit Development District .................... 16
PLANNED COMMUNITY DEVELOPMENT DISTRICT
16.01
Objectives .................................
16.02
Permitted Uses ..............................
16.03
Accessory Uses .............................
16.04
Procedure for P-3 Planned Community
19.06
Development District Zoning, Planning
19.07
and Development ...........................
16.05
Building Design and Construction ..............
16.06
Land Use Intensity ...........................
16.07
Common Open Space ........................
16.08
General Regulations .........................
16.09
Boundaries of the P-3 Planned
19.12
Community Development District .............
P-4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT
17.01
Objectives .................................
17.02
Permitted Uses ..............................
17.03
Accessory Uses .............................
17.04
Procedure for P-4 Planned Industrial
19.06
Development District Zoning, Planning
19.07
and Development ..........................
17.05
Building Design and Construction ..............
17.06
Performance Standards.....................
17.07
Common Open Space .......................
17.08
General Regulations .........................
17.09
Boundaries of the P-4 Planned Industrial
19.12
Development District ........................
F-1 FLOOD
PLAIN & WATERCOURSE DISTRICT
18.01
Purpose ...................................
18.02
Definitions .................................
18.03
Permitted Uses .............................
18.04
Regulations .................................
18.05
General Regulations .........................
18.06
Boundaries of the F-1 Flood Plain &
Watercourse District ........................
GENERAL REGULATIONS
19.01 Regulations and Interpretations ..............
19.02
Signs .......................................
19.03
Yards ......................................
19.04
Accessory Buildings ..........................
19.05
Height .....................................
19.06
Landscaping ................................
19.07
Swimming Pools ............................
19.08
Automobile Service Stations ..................
19.09
Basement Homes ............................
19.10
Moving, Alteration or Wrecking
19
of Structures ...............................
19.11
Projecting and Roof Mounted Equipment.......
19.12
Transmission Lines ...........................
19.13
Planned Unit Development Requirements .......
19.14
Uninhabitable Land ........................
19.15
Zoning Lot Limitation .......................
17
17
17
17
17
17
17
17
17
17
17
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
18
18
18
18
18
18
18
18
19
19
19
19
19
Page
19.16 Outside Storage in Residential Districts ......... 19
19.17 Certificate of Occupancy ..................... 19
NON -CONFORMING USES
23.01
20.01
Continuation ................................
19
20.02
Enlargement or Alteration ...................
19
20.03
Restoration .................................
19
20.04
Termination of Use ...........................
19
20.05
Junk Yards ..................................
19
20.06
Normal Maintenance .........................
19
20.07
Public Utility Buildings; Exceptions .............
19
COMMON OPEN SPACE
21.01 Definition .................................. 19
21.02 Dedication of Comnfon Open Space ........... 19
21.03 Non -dedicated Common Open Space ........... 19
BOARD OF ADJUSTMENTS AND APPEALS; VARIANCES
22.01 Creation and Membership .................... 20
22.02 Powers and Duties .......................... 20
22.03 Appeals .................................... 20
22.04 Procedures ................................ 20
22.05 Revocation ................................. 21
CONDITIONAL USE PERMITS
23.01
Purpose...................................21
23.02
Initiation of Conditional Use .................. 21
23.03
Application for Conditional Use ............... 21
23.04
Hearing on Application ....................... 21
23.05
Authorization .............................. 21
23.06
Standards .................................. 21
23.07
Conditions and Guaranties ................... 21
23.08
Revocation ................................. 21
23.09
Denial of Conditional Use ..................... 21
23.10
Conditional Use Permit Fees .................. 21
AMENDMENTS
24.01 Purpose ................................... 21
24.02 Initiation ................................... 21
24.03 Application ................................ 21
24.04 Public Hearing; Notice and Procedure .......... 22
24.05 Action by Planning Commission ............... 22
24.06 Action by Council ........................... 22
24.07 Referral to Planning Commission .............. 22
24.08 Effect of Denial .............................. 22
24.09 Fees ........................................ 22
ADMINISTRATION AND ENFORCEMENT
25.01 Enforcing Officer ............................. 22
25.02 Zoning Administrator; Duties .................. 22
SEPARABILITY
VIOLATIONS AND PENALTIES
27.01 Violations and Penalties ...................... 22
27.02 Enforcement .............................. 22
REPEAL................................................ 22
EFFECTIVE DATE ........................................ 23
VILLAGE O F C HAN HAS S E N BUILDING HEIGHT: Building height
is the vertical distance from the curb lev-
r of
ZONING ORDINANCE NO. 47 the frtnt of equivalent. building
the front of the buildin to the highest
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point of the roof in the case of a flat roof:
to the deck line of a mansard roof: and to
ORDINANCE NO. 47
"parcel" and "tract": the word "shall"
the mean level of the underside of the raf-
AN ORDINANCE TO PROMOTE THE
is mandatory. and the word "may' is
ters between the eaves and the ridge of a
HEALTH, SAFETY, ORDER, CONVEN q
discretionarv.
gable. hip, or gambrel roof. If one side of
IENCE AND GENERAL WELFARE BY ,2
4.02 Definitions. For the purposes of
the street, between intersecting streets.
REGULATING THE USE OF LAND,3
this ordinance, certain terms and words
is partially built up with buildings at the
THE LOCATION AND THE USE OFA/
are defined as follows:
time of the adoption of this ordinance, the
BUILDINGS AND THE ARRANGE- i
ACCESSORY USE OR STRUCTURE:
height of building may be measured from
MENT THEREOF ON LOTS, AND THE_si
An accessory use or structure is a use or
the elevation of ground at the center of
DENSITY OF POPULATION IN THE
structure subordinate to and serving the
the front of the next adjoining building if
VILLAGE OF CHANHASSEN, MINNE-
principal use or structure on the same lot
there are buildings on one side only or the
SOTA.
and clearly and customarily incidental
average of the elevation of ground at the
THE COUNCIL OF THE VILLAGE OF
thereto.
Center of the front of the adjacent build-
CHANHASSEN ORDAINS:
AGRICULTURE: Agriculture is the
ings on each side. On through lots or cor-
SECTION 1. PURPOSES AND INTENT.
cultivation of the soil and all activities
ner lots. height of building shall be mea -
This ordinance is enacted for the pur-
incident thereto. Said term shall not in-
sured from the lowest curb or ground lev-
pose of promoting the health, safety, or-
elude the raising and feeding of hogs by
el as established above.
der. convenience and general welfare of
feeding garbage thereto. the raising of
BUILDING, PRINCIPAL: A principal
the residents of the Village by regulating
fur -bearing animals. nor the operation of
building is a non -accessory building in
the use of land, the location and use of
riding academies. commercial stables or
which a primary use of the lot on which it
buildings and the arrangement thereof on
kennels.
is located is conducted.
lots. by controlling the density of popula-
ALTERATION: Alteration is any
BUILDING, RESIDENTIAL: A resi-
tion and by avoiding environmental pollu-
change in size, shape, character. or use of
dential building is a building which is ar-
tion.
a building or structure.
ranged. designed, used or intended to be
SECTION 2. TITLE.
APARTMENT: Apartment is a room
used for residential occupancy by one or
This ordinance shall be known and may
or suite of rooms in a multiple dwelling
more families. and which includes, but is
be cited and referred to as the "Chanhas-
structure which is arranged, designed,
not limited to, the following types:
sen Zoning Ordinance.' '
used or intended to be used as a dwelling
1. Single family dwellings.
SECTION 3. SCOPE AND INTER-
unit for a single family.
2. Two family dwellings.
PRETATION.
AUTOMOBILE SERVICE STATION:
3. Multiple family dwellings.
3.01 Scope. From the effective date of
Automobile service service station is a
4. Townhouses.
this ordinance, the use of all land and ev-
retail place of business engaged primari-
CAR PORT: A car port is a roofed au-
ery building erected. altered. enlarged or
Iy in the sale of motor vehicle fuels, but
tomobile shelter opened on at least two
relocated. and every use within a build-
also may be engaged in supplying goods
sides, usually formed by extension of the
ing. or use accessory thereto. in the Vil-
and services generally required in theroof
from the side of a building.
lage shall be in conformity with the provi-
operation and maintenance of motor vehi-
CHURCH: A church is a building for
sions of this ordinance.
cles. These may include sale of petroleum
public worship, and includes a synagogue.
1, 3.02 Non -Conforming Use. Anv exist-
products. sale and servicing of tires. bat-
CLINIC: A clinic is a building in which
ing use of land or any existing building not
teries. automotive accessories. and re-
a group of physicians, dentists. or physi-
in conformity with the regulations pre-
placement items. washing and lubrication
cians and dentists and allied professional
scribed herein shall be regarded as a non-
services. and the performance of minor
assistants are associated for carrying on
conforming use. and shall be subject to
automotive .naintenance and repair.
their profession. The clinic may include a
the regulations prescribed herein govern-
BASEMENT: Basement is a portion of
dental or medical laboratory. but shall
ing non -conforming uses.
a building located partially underground.
not include in-patient care or operating
3.03 Interpretation. This ordinance
but having half or less than its floor to
rooms for major surgery.
shall be held to establish minimum stand-
ceiling height below the average grade of
CLUB OR LODGE, PRIVATE: A pri-
ards for the promotion of the public
the adjoining ground. A basement shall be
vate club or lodge is a non-profit associa-
health. safetv. comfort, convenience and
counted as a storv. except that a base-
tion of persons who are bona fide mem-
general welfare. Where the provisions of
ment the ceiling of which does not extend
bers paying annual dues, which owns.
this ordinance impose greater restric-
more than 5 feet above the curb level or
hires. or leases the building or a portion
tions than those of anv statute. other ordi-
above the highest level of the adjoining
thereof: the use of such premises being
nance or regulation. the provisions of this
ground shall not be counted as a story.
restricted to members and their guests.
ordinance shall be controlling. Where the
BOARD: Board is the Board of Adjust-
The affairs and management of such pri-
provisions of any statute. other ordinance
ments and Appeals of the Village of Chan-
vate clubs or lodges shall be conducted by
Or regulation impose greater restrictions
hassen.
a board of directors, an executive com-
than this ordinance. the provisions of such
BUILDING: Building is any structure
mittee. or a similar body chosen by the
statute, other ordinance or regulation
built for the support. shelter, or enclosure
members. It shall be permissible to serve
shall be controlling.
of persons, animals or personal property
food and meals on such premises, provid-
The standards established by this ordi-
of an kind and which is permanently af-
ed adequate facilities are available.
nance are not intended to repeal, abro-
fixed to the land. and which building pro-
Where properly licensed under Village
gate. annul or impair private agreements
vides a permanent protection against the
ordinances, the consumption of alcoholic
or restrictive covenants which are equal
elements.
or non-alcoholic malt beverages by the
to or more restrictive than the standards
BUILDING, COMPLETELY EN-
members of such club or lodge, or their
hereby established, except that the most
CLOSED: A completer• enclosed building
guests, shall be permitted.
restrictive shall apply.
is a building separated on all sides from
CONFORMING BUILDING OR
SECTION 4. RULES AND DEFINI-
`
the adjacent open space or from other
STRUCTURE: A conforming building or
TIONS.
buildings or structures, by a permanent
structure is anv building or structure
4.01 Rules. For the purposes of this
roof and by exterior walls or party walls.
which complies with all the regulations of
ordinance. words used in the singular
pierced only by windows and normal en-
this ordinance or anv amendment thereto
shall include the plural. and the plural the
trance and exit doors.
governing the zoning district in which
singular. the word "building` shall in-
BUILDING, DETACHED: A detached
such building or structure is located.
elude the word "structure . the word
building is a building surrounded by an
CONVALESCENT, NURSING AND
''lot shall include the words ''plot''.
open space on the same lot.
REST HOME: A convalescent home. a
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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 Coun-
cil 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 Vil-
lage 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 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' auto-
mobiles, 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 exclu-
sively for human habitation, including
single family, two family, multiple fami-
ly and townhouse dwellings, but not in-
cluding hotels or motels.
DWELLING, ATTACHED: An at-
tached 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 sur-
rounded 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 in-
dividual bathrooms, permanently in-
stalled, shall always be included with
each dwelling unit.
DWELLING, SINGLE FAMILY: A
single family dwelling -is a building de-
signed 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 de-
signed 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 efficiencv
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 fami-
ly in the dwelling unit, living together as a
single housekeeping unit in a dwelling
unit.
FENCE: A fence is a structure provid-
ing enclosure but not protection against
the elements.
FENCE, SOLID: A solid fence is a
fence which provides a visual barrier
between adjacent property and the area
enclosed.'
FINANCIAL INSTITUTION: A finan-
cial institution is a commercial banking
establishment or savings and loan asso-
ciation chartered by the State of Minneso-
ta 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 in-
terstate commerce.
GARAGE, PRIVATE: A private ga-
rage is a detached accessory building or
portion of the principal building. includ-
ing 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 ve-
hicles 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 adja-
cent to the exterior walls of the building
or structure.
GREENHOUSE: A greenhouse is a
structure used for the cultivation or pro-
tection of flowers, vegetables and nursery
stock.
HOME OCCUPATION: Home occupa-
tion is any occupation or profession car-
ried 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 pur-
poses. No accessory building shall be used
for such home occupation. Clinics, hospi-
tals, barbershops, beauty parlors and
animal hospitals are not home occupa-
tions.
HOSPITAL: An institution providing
persons with intensive medical or surgi-
cal care and devoted primarily to the di-
agnosis and treatment of disease or inju-
ry, 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 tran-
sient 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
4
through an inside lobby or office super-
vised by a person in charge.
JUNK YARD: Junk yard means an
area where used. waste. discarded or sal-
vaged materials are bought. sold. ex-
changed. stored, baled. cleaned. packed.
disassembled or handled. including but
not limited to scrap iron and other met-
als, paper. rags. rubber products. bottles
and lumber. A junk yard includes an auto-
mobile wrecking or dismantling yard, but
does not include uses established in con-
junction with a permitted manufacturing
process when within an enclosed area or
building.
LGADING 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 Ti-
tles: 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 ordinance.
LOT, CORNER: A corner lot is a lot
situated at the intersection of two streets.
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 mini-
mum horizontal distance between the side
lot lines of a lot measured at the required
front vard 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 f rontages.
LOT LINE REAR:The rear lot line is
that boundary of a lot which is most dis-
tant from and is. or is most nearly. paral-
lel 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.
dwelling units directly above or below
R-3 MULTIPLE RESIDENCE DIS -
MOTOR VEHICLE: A motor vehicle is
and with each dwelling unit separated
TRICT
any passenger vehicle. truck. truck -trail-
from the adjoining unit by a masonry wall
R-4 MULTIPLE RESIDENCE DIS-
er. trailer or semi -trailer propelled or
or walls with no openings and extending
TRICT
drawn by mechanical power.
from the basement to the roof.
COMMERCIAL DISTRICTS
:VON -CONFORMING USE: A non -con-
TOXIC MATTER OR MATERIAL:
C-1 OFFICE BUILDING DISTRICT
forming use is anv use of land, buildings.
Toxic matter or material are those mate-
C-2 COMMERCIAL DISTRICT
or structures lawfully existing at the time
rials which are capable of causing injury
C-3 COMMERCIAL SERVICE DIS -
of adoption of this ordinance which use
to living organisms by chemical means
TRICT
does not comply with all the regulations
when present in relatively small
INDUSTRIAL DISTRICTS
of this ordinance or anv amendment here-
amounts.
1-1 INDUSTRIAL DISTRICT
to governing the zoning district in which
USE: The use of property is the pur-
PLANNED DEVELOPMENT DIS -
such use is located.
pose or activity for which the land or
TRICTS
NOXIOUS MATTER OR MATERIAL:
buildings thereon are designed, arranged
P-1 PLANNED RESIDENTIAL
Noxious matter or material is material
or intended, or for which it is occupied or
-DEVELOPMENT DISTRICT
which is capable of causing injury to liv-
maintained, and shall include any manner
P-2 PLANNED UNIT DEVELOP-
ing organisms by chemical reaction. or is
of performance of such activity with re-
MENT DISTRICT
capable of causing detrimental effects on
spect to the performance standards of
P-3 PLANNED COMMUNITY DE -
the physical or economic well-being of
this ordinance.
VELOPMENT DISTRICT
individuals.
USE, PERMITTED: A permitted use
P-4 PLANNED INDUSTRIAL DE -
ODOROUS MATTER: Odorous matter
is a use which may be lawfully estab-
VELOPMENT DISTRICT
is any material or matter that yields an
lished in a particular district or districts,
FLOOD PLAIN & WATERCOURSE
odor which is offensive in anv way.
provided it conforms with all require-
DISTRICTS
PERFORMANCE STANDARD: A per-
ments. regulations and performance
F-1 FLOOD PLAIN & WATER-
formance standard is a criterion estab-
standards of such district.
COURSE DISTRICT
lished to control noise. odor. toxic or mox-
USE, PRINCIPAL: A principal use is
5.02 Zoning Map. The location and
ious matter. vibration. fire and explosive
the main use of land or buildings as distin-
boundaries of each zoning district estab-
hazards, or glare or heat generated by or
guished from subordinate or accessory
lished by this ordinance are as set forth in
inherent in uses of land or buildings.
uses.
each zoning district section of this ordi-
PERSON: Person is anv individual.
VARIANCE: A variance is a modifica-
nanee. or as are shown on that certain
firm, partnership. corporation, company.
tion or variation of the provisions of this
map entitled "Zoning Map of Chanhas-
association. joint stock association. or
ordinance as applied to a specific piece of
sen," dated February 7. 1972, on file in the
body politic: and includes any trustee.
property, except that modification in the
office of the Village Clerk. Said zoning
receiver. assignee or other similar repre-
allowable uses within a district shall not
map and all notations, references and
sentative.
be considered a variance.
data shown thereon are hereby incorpo-
PLANNING COMMISSION: Planning
WAREHOUSING: Warehousing is the
rated by reference into this ordinance and
Commission is the Planning Commission
commercial storage of merchandise and
shall have the same force and effect as if
of the Village of Chanhassen.
personal property.
fully set forth and described herein. In
PROPERTY LINES: Property lines
WHOLESALING: Wholesaling is a
those instances where zoning district
are the lines bounding a zoning lot as de-
business engaged in selling to retailers or
boundaries are set forth by legal descrip-
fined herein.
jobbers rather than consumers.
tion in the several zoning district sections
RESEARCH LABORATORY: A re-
YARD: A yard is an open space on the
hereof, said boundaries shall establish the
search laboratory is a building, or group
same zoning lot with a building or struc-
limits of the zoning district and shall take
of buildings. in which are located facili-
ture. which yard is unoccupied and unob-
precedence over the zoning map. It shall
ties for scientific research, investigation.
structed. A yard extends along a lot line
be the responsibility of the Zoning Admin -
testing, or experimentation, but not facil-
and to a depth or width measured from
istrator to maintain said zoning map, and
ities for the manufacture or sale of prod-
the lot line specified in the yard require-
amendments thereto shall be recorded on
ucts, except as incidental to the main
ments for the zoning district in which
said map within thirty (30) days after of -
purpose of the laboratory,
such zoning lot is located.
ficial publication of such amendments.
SETBACK: Setback is the minimum
YARD, FRONT: A front yard is a vard
5.03 District Boundaries.
horizontal distance between the front line
extending along the full length of the front
1. Boundary Lines.
of the building or structure and the front
lot line between the side lot lines.
The boundaries between districts
property line.
YARD, REAR: A rear yard is a yard
are, unless otherwise indicated. either
STREET: A street is a public right -of-
extending along the full length of the rear
lot lines. the center lines of highways.
way which affords a primary of
lot line between the side lot line.
streets, alleys, or railroad rights of
means
access to abutting property.
YARD, SIDE: A side yard is a yard
way. or such lines extended or lines
STRUCTURE: A structure is anything
extending along a side lot line from the
parallel or perpendicular thereto as
erected. the use of which requires more
front yard to the rear yard.
they exist on the effective date of this
or less permanent location on the ground.
ZONING DISTRICT: A zoning district
ordinance or amendments thereto.
or attached to something having perma-
is an area or areas within the limits of the
Where figures are shown on the zoning
nent location on the ground.
Village for which the regulations and re-
map between a highway or street and a
STORY: Story is that portion of a build-
quirements governing use, lot and bulk of
district boundary line, said figures indi-
ing included between the surface of anv
buildings and premises are uniform.
cate that the district boundary line runs
floor and the surface of the floor next
SECTION 5. CLASSIFICATION OF
parallel to the highway or street center
above it. or if there is no floor above it.
ZONING DISTRICTS.
line at a distance therefrom equivalent
then the space between the floor and the
� 5.01 Zoning Districts. For the purposes
to the number of feet so indicated.
ceiling next above it.
of this ordinance, the Village of Chanhas-
2. Division of Lot of Record.
Where boundary line div
STRUCTURAL ALTERATION: A,�I.sen
is hereby divided into classes of zon-
a district -
structural alteration is any change, other
ing districts which are hereby designated
ides a lot of record which was in single
than incidental repairs. which would pro-
as follows:
ownership at the time of the enactment
long the life of the supporting members of
RESIDENTIAL DISTRICTS
of this ordinance and places portions of
a building such as bearing walls. columns.
R -IA AGRICULTURAL RESIDENCE
such lot of record in two 12 i or more
beams, girders or foundations.
DISTRICT
zoning districts. any portion of such lot
TOWNHOUSE: Townhouse is a multi-
R-1 SINGLE FAMILY RESIDENCE
within fifty (50) feet on either side of
ple residence building consisting of three
DISTRICT
such a dividing district boundary line
or more dwelling units having the first
R-2 MULTIPLE RESIDENCE DIS-
may be used for any use of either zon-
story at the ground level with no separate
TRICT
ing district: provided, however. if any
P9 M",1' (� 41- G
portion of such lot shall extend beyond
operated for commercial purposes.
ence of the residents of the permitted
the fifty (50) foot limitation, the dis-
5. Cemeteries
use.
trict boundary line shall prevail. Ap-
6. Commercial radio and television trans-
3. Rental of rooms for occupancy by not
peals from the Zoning Administrator's
mission stations.
more than two persons per dwelling
determination and questions of doubt
7. Living quarters for persons employed
unit, except that no separate dwelling
concerning the exact location of dis-
on the premises of the permitted use.
unit shall be allowed and that one off-
trict boundary lines shall be heard by
8. Greenhouses, tool houses and similar
street parking space per tenant shall be
the Board of Adjustments and Appeals.
structures accessory to a private resi-
provided.
5.04 Compliance. Except as may oth-
dential use.
67, 7.04 Uses by Conditional Use Permit.
erwise be provided in Section 20, Non-
6.05 Height, Yard, Area, and Lot //,Within an R-1 Residence District, the fol -
Conforming Uses, all buildings -or struc-
Width and Depth Regulations. /yilowing uses may be allowed but only upon
tures erected hereafter. all uses of land.
1. Height Regulations: II the securing of a Conditional Use Permit:
buildings or structures established here-
a. No single family dwelling shallill.
Parks and recreational areas owned
after, all structural alteration or reloca-
exceed two and one-half 12-1 2) stories.
' and operated by governmental units
tion of existing buildings or structures
b. All other structures shall not ex-
and recreational areas operated by res -
occurring hereafter, and all enlarge-
ceed twenty-five 1251 feet in height,
idential neighborhood associations.
ments of or additions to existing build-
except when accessory to an agricul-
2. Non-profit schools having a regular
ings. structures or uses occurring hereaf-
tural principal use.
course of study accredited by the State
ter shall comply with all regulations of
2. Front Yard Regulations:
of Minnesota.
this ordinance which are applicable to the
a. There shall be a front yard hav;ng
3. Government owned and operated civic
zoning district in which such building.
a depth of not less than fifty (50 ) feet.
and cultural institutions including, but
structure, use or land shall be located.
3. Side Yard Regulations:
not limited to, administrative offices,
SECTION 6. R -IA AGRICULTURAL
a. There shall be a side yard on one
libraries, public safety buildings, and
RESIDENCE DISTRICT.
side having a depth of not less than one
places of assembly.
6.01 Purpose. The R-lA Agricultural
hundred (100) feet, and a side yard on
4. Golf courses, but not including driving
Residence District is intended to provide
the other side having a depth of not less
tees, ranges, or miniature golf courses
a distric' .vhich will allow extensive
than ten (10 ) feet.
operated for commercial purposes.
areas of We Village to be retained in a
4. Rear Yard Regulations:
5. Churches.
lower population density in advance of the
a. There shall be a rear yard having
6. Living quarters for persons employed
need for these lands for extensive urban
a depth of not less than fifty (50) feet.
on the premises of the permitted use.
purposes and to prevent the occurrence of
5. Lot Area Regulations:
7. Greenhouses, tool houses and similar
premature scattered urban development,
a. Every lot or tract of land on which
structures accessory to a private resi-
which would be uneconomical from the
a single family dwelling is erected shall
dential use.
standpoint of municipal services, utilities
contain an area of not less than two and
8. Amateur radio transmission antennas.
and schools.
one-half (2-1 2) acres, which shall ad-
7.05 Height, Yard, Area and Lot Width
6.02 Permitted Uses. Within an R -IA
join a public road or a village street.
and Depth Regulations.
Agricultural District, no building or land
6. Lot Width and Depth Regulations:
1. Height Regulations:
shall be used except for one or more of
a. No single family dwelling shall
the following uses:
a. Every lot or tract of land on which
exceed two and one-half (2-1 '2) stories.
1. Single family dwellings.
a single family dwelling is erected shall
2. Front Yard Regulations:
2. Agriculture. Any enclosure, stable, or
have a depth not greater than two times
a. There shall be a front yard having
other building in which farm animals,
the width.
a depth of not less than thirty 130) feet.
including bees, are kept shall be a dis-
6.06 Parking.
3. Side Yard Regulations:
tance of not less than 100 feet from any
1. Not less than two (2) automobile park-
a. There shall beside yard having a
other lot in a Residential District.
ing spaces shall be provided on the site
,a
depth of not less than ten 110) feet.
6.03 Accessory Uses. Within an R -IA
occupied by the permitted use. Ade-
4. Rear Yard Regulations:
Agricultural District, the following uses
quate space shall be reserved on the
a. There shall be a rear having
shall be allowed as accessory to the per-
site to allow for the construction of a
,yard
a depth of not less than thirty 130) feet
mitted use:
two car garage.
from the dwelling to the rear property
1. Private garages.
6.07 General Regulations.
line.
2. Privately owned swimming pools and
1. Additional regulations in the R -IA Ag-
b. There shall be a rear yard having
tennis courts for the use and conveni-
ricultural District are set forth in Sec-
a depth of not less than ten (10) feet
ence of the residents of the permitted
tion 19.
from any detached accessory use struc-
use.
J. 6.08 Boundaries of the R -IA Agricultur-
ture to the rear property line.
3. Structures accessory to an agricultural
al District.
5. Lot Area Regulations:
permitted use.
1. The boundaries of the R-lA Agricultur-
a. In areas served by public water
4. Stands for agricultural products pro -al
District shall include the following
and sanitary sewer systems every lot
duced on the premises by the owner.
6.04 Uses by Conditional Use Permit.
described tracts and parcels of land:
#, SECTION 7. R-1 SINGLE FAMILY
or tract of land on which a single family
dwelling is
Within an R-1 A Agricultural District, the
RESIDENCE DISTRICT.
erected shall contain an
area of not less than 15,000 square feet,
following uses may be allowed but only
7.01 Purpose. The R-1 Single Family
except that in platted areas served by
upon the securing of a Conditional Use
Residence District is intended to provide
said water and sanitary sewer systems
Permit:
a district which will allow residential
the minimum lot size shall be gover-
1. Parks and recreational areas owned
development in those areas where such
ened by the provisions of Section
y and operated by governmental units
development fits the Village land use
8.06(a) (1) of the Subdivision Ordinance
and residential neighborhood associa-
plan.
of the Village of Chanhassen.
tions.
.lot 7.02 Permitted Uses. Within an R-1
6. Lot Width and Depth Regulations:
,"..2. Non-profit schools, including colleges,
Residence District, no building or land
a. Every lot or tract of land on which
having a regular course of study ac-
shall be used except for the following use:
a single family dwelling is erected shall
credited by the State of Minnesota.
g�
1. Single family dwellings.
have a width of not less than 90 feet at
3. Government owned and operated civic
7.03 Accessory Uses. Within an R-1
the building set back line.
and cultural institutions including, but
Residence District, the following uses
7.06 Parking.
not limited to, administrative offices,
shall be allowed as accessory to the Per-
1. Not less than two (2) automobile Park -
libraries, public safety buildings, and
mitted Use:
ing spaces shall be provided on the site
places of assembly.
1. Private garages.
occupied by the permitted use. Ade -
4. Golf courses, but not including driving
2. Privately owned swimming pools and
quate space shall be reserved on the
tees, ranges, or miniature golf courses
tennis courts for the use and conveni-
site to allow for the construction of a
AM'z (Je A ; y l
4. odd
S. 9m_44eZ 47 A8
to,
%
6. 6 (41444 q J 1q F�
9, A mule y7-�G
/_-2 �y7-r�0
/0.19rnenle /4
3,
a
two car garage.
7.07 General Regulations.
1. Additional regulations in the R-1 RESI
DENCE DISTRICT are set forth in Sec
r tion 19.
j�57.08 Boundaries of the R -I Residenci
;,/s District. The boundaries of the R-1 Resi-
dence District shall include the following
described tracts and parcels of land:
c SECTION 8. R-2, R-3 AND R-4 MULTI-
PLE RESIDENCE DISTRICTS.
8.01 Purpose. The Multiple Residence
Districts are intended to provide districts
which will allow multiple dwelling devel-
opment, including double family dwell-
ings. apartments and townhouses, in
those areas where such development fits
the Village land use plan and where mu-
nicipal 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 follow-
ing uses:
a. Single family dwellings containing
not more than one residential unit.
b. Two 12t family dwellings.
2. Within an R-3 District, no building or
land shall be used except for the follow-
ing uses:
a. Multiple dwellings containing not
less than two 121 nor more than twelve
1121 dwelling units.
b. Townhouses.
3. Within an R-4 District, no building or
land shall be used except for the follow-
ing uses:
a. Multiple dwellings containing not
less than twelve 1121 dwelling units.
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
customarily accessory to the permitted
use.
2. Private recreational facilities, includ-
ing swimming pools and tennis courts,
intended solely for the use and enjoy-
ment of the residents of the Permitted
Use and their guests.
a, 8.04 Uses by Conditional Use Permit.
The following uses may be allowed in the
following districts but only upon the se-
curing 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 situ-
ated entirely within the permitted use
building, and which are accessible onlv
from the interior of the building and
have no advertising or displav which is
visible from the outside of the building.
and which facilities are provided pri-
marily 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 ex-
ceed 30 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 twenty-five 1251
feet, except that a lot located at the in-
tersection of two or more streets shall
have a front yard depth on each street
side of not less than twenty-five 1251
feet in R-2 and R-3 Multiple Residence
Districts and thirty 1301 feet in R4
Multiple residence Districts.
3. Side Yard Regulations:
a. Each building not in excess of thir-
ty 1301 feet in height shall have a side
yard having a depth of not less than
twenty-five 1251 feet.
b. Each building in excess of thirty
1301 feet in height shall have a side yard
having a depth of not less than twenty-
five 1251 feet plus one 1 f i fool of side
yard depth for every foot in height in
excess of thirty 1301 feet.
I. Rear Yard Regulations:
a. Each building not in excess of thir-
ty 1301 feet in height .shall have a rear
yard having a depth of not less than
twenty-five 1251 feet.
b. Each building in excess of thirty
1301 feet in height shall have a rear
yard having a depth of not less than
twenty-five 1251 feet plus one U 1 foot of
rear yard depth for every foot in height
in excess of thirty 1301 feet.
i. Lot Area Regulations:
a. The minimum number of square
feet of total lot area, adjusted by the
allowances permitted or imposed here-
under, shall be as follows:
11 1 -R-2 District - 15, are feet, or
3,500 square feet per dwelling unit,
whichever is most restrictive.
121 R-3 District - 18,000 square feet, or
2,500 square feet per dwelling unit,
whichever is most restrictive.
131 R4 District - 30,000 square feet, or
2,000 square feet per dwelling unit,
whichever is most restrictive.
b. Basis and Amount of Allowance:
111 Subtract 500 square feet for each
parking stall in or under the multi-
ple residence building, or other-
wise completely underground.
121 Subtract 300 square feet for each
dwelling unit above the fourth sto-
ry of the multiple residence build-
ing.
131 Add 500 square feet for each bed-
room in excess of two in each
dwelling unit.
K06 Building Design and Construction.
Design Review:
a. No building permit for a multiple
residence building or townhouse com-
plex containing more than 12 dwelling
units, or buildings accessory thereto,
shall be issued without having first
been reviewed by the Planning Com-
mission 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.
3. �me►�etiQ%-N� ;
,7
And ' 9 7 f3Q
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.
Design Responsibility:
a. A building permit for a multiple
residence building containing more
than 12 dwelling units, or buildings ac-
cessory thereto, shall not be issued un-
less the applicant's building plans, in-
cluding 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 build-
ing of Type I or Type II construction, as
provided in the Uniform Building Code
incorporated by reference by Ordi-
nance 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 prepa-
ration of the site plan by a professional
site planner.
Type of Construction:
a. Any building more than three sto-
ries in height shall be of Type I or Type
II construction as set forth in said Uni-
form Building Code,
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 addition-
al 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 bound-
ing the dwelling unit being measured,
but shall not include public stairways
or elevators, public entries, public foy-
ers, public balconies, or unenclosed
public porches, separate utility rooms,
furnace areas or rooms, storage areas
not within the dwelling unit or garages.
Closets and Bulk Storage:
a. The following minimum amounts
of closet and bulk storage shall be pro-
vided for each dwelling unit:
11 1 Efficiency and one bedroom units:
10 lineal feet of closet space and 96
cubic feet of bulk storage.
121 Two bedroom units: 24 lineal feet of
closet space and 144 cubic feet of
bulk storage.
131 Three or more bedrooms: For each
bedroom 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.
141 Only closet space having a mini-
mum clear finish depth of 2'0" and
having unobstructed floor to ceil-
ing height of 8.0' shall be consid-
ered in determining the lineal feet
16. IINX
of closet provided.
6. Incinerators, Trash and Garbage:
a. Exterior storage of trash and gar-
bage 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 i pub-
lic elevator.
8. Accessory Buildings:
a. Setback requirements established
for multiple residence buildings shall
apply to accessory buildings except
that accessory buildings located within
the rear yard of the multiple residence
building may be located to within 5 feet
of the rear of interior side property
line.
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 iby the multiple resi-
dence 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 en-
closed parking spaces per dwelling unit.
Each parking space shall have a mini-
mum 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
property 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 prop-
erty 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:
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, commer-
cial and industrial districts for the loca-
tion and development of administrative
office buildings and related office uses
and which are subject to more restrictive
controls than allowed in other commer-
cial 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 merchan-
dise from the permitted use shall be al-
lowed.
9.02 Permitted Uses. Within a C-1 Of-
fice Building District, no building or land
shall be used except for the following
uses:
1. Administrative an4 executive offices.
2. Medical, dental, legal and similar pro-
fessional offices.
3. Financial institutions.
9.03 Accessory Uses. Within a C-1 Of-
fice Building District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Within office buildings having ei-
ther 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 facili-
ties providing convenience goods and
services for the office area occupants and
business invitees provided that the total
net floor area devoted to such accessory
uses shall not exceed 10% of the total
gross floor area of the building. Said ac-
cessory uses shall include those listed
below and such other accessory uses the
primary function of which shall be to sup-
ply 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 profes-
sional shops.
d. Newsstands.
•e. Barber shops.
2. Subordinate uses which are clearly
and customarily accessory to the permit-
ted use.
9.94 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 i3 i dwelling units.
3. Hospitals.
4. Mortuaries.
5. Research facilities and laboratories.
6. Passenger facilities for mass transit
services.
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 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.
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 an-
other C-1 District or a C-2 District.
9.06 Building Design and Construc-
tion.
Design Review:
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 Plan-
ning Commission and approved by the
Council following the procedures set
forth in Section 23, Conditional Use
Permit Procedure, except that no pub-
lic hearing need be held on any applica-
tion for a permit. The Council may at-
tach such conditions and guarantees to
any such permit as it deems necessary
to insure compliance with the provi-
sions of this ordinance.
Design Responsibility:
a. A building permit for a principal
building, or buildings accessory there-
to, in a C-1 District 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. build-
ing of Type I or Type 11 construction, as
provided in the Uniform Building Code
incorporated by reference by Ordi-
nance 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 prepa-
ration of the site plan by a professional
site planner.
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.
Incinerators, Trash and Garbage:
a. Exterior storage of trash and gar-
bage shall be completely enclosed by
walls and roof, and all garbage shall be
stored in completely enclosed Village
approved containers.
6.
N
b. Only Village approved incinerators
and trash and garbage compactors
shall be used.
Elevators:
a. All buildings in a C-1 District of
more than 2 stories shall be equipped
with no less than one public elevator.
Accessory Buildings:
a. Set back requirements established
for principal buildings in a CA District
shall apply to accessory buildings, ex-
cept that accessory buildings located
within the rear yard of a site adjoining
any C-1, C-2, C-3 or 1-1 District may be
located within 10 feet of the rear or in-
terior side property line.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
9.07 Parking.
Spaces Required:
a. A minimum of one off-street park-
ing space shall be provided on the build-
ing site for each 300 square feet of gross
floor area within the principal struc-
ture: provided that on building sites uti-
lized primarily for medical and dental
offices, a minimum of six off-street
parking spaces shall be required for
each doctor or dentist maintaining pro-
fessional offices in the principal struc-
ture.
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 acces-
sory uses.
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
maintained in a lightly 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 park-
ing. Open off-street parking which
faces either a public street or residen-
tially zoned property shall have a solid
wall or fence of not less than four feet
in height which shall be maintained in
good condition, and which shall be de-
signed to be architecturally harmoni-
ous with the principal structure. A
screen planting approved by the Coun-
cil may be substituted for the required
wall or fence. The wall or fence shall
not be used for advertising purposes.
Anv lighting used to illuminate off-
street parking areas shall be so ar-
ranged as to deflect the light away
from adjacent properties.
Location:
a. No parking area shall be located
closer than 25 feet to the front property
line nor closer than 10 feet to any build-
- 11)me. f)(k) y / - V
ing.
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 mini-
mum of one off-street loading facility
for a,building having a gross floor area
of 20,000 to 100,000 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 restric-
tions applicable to off-street parking
areas.
9.08 Landscaping.
1. All exposed ground areas of a permit-
ted 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 merchandise.
9.09 General Regulations.
1. Additional regulations in the C-1 Office
Building District are set forth in Sec-
tion 19.
-1.9.10 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:
SECTION 10. C-2 COMMERCIAL DIS-
TRICT.
10.01 Purpose. The C-2 Commercial
District is intended to provide compact
centers for retail sales and services offer-
ing 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, trac-
tor, trailer, boat, or other mobile pow-
er -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, administrative 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 per-
mitted use:
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 struc-
ture.
10.04 Conditional Uses. Within a C-2
Commercial District, the following uses
may be allowed, but only upon the secur-
ing of a Conditional Use Permit:
1. Auto service stations for gasoline, oil,
tire, battery and accessory sales, ex-
cluding body and major power train
repair: and provided that, in addition to
such other conditions as may be pre-
scribed by any conditional use permit,
the following minimum standards shall
apply:'
a. No service station structure, park-
ing area or driveway except access
driveways shall be located within 100
feet of any portion of an R-1 A, 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
0-eet. The total site area shall be not
less than 20,000 square feet.
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 main-
tained in the same manner as pre-
scribed for parking areas in this dis-
trict.
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 drive-in theaters, offering goods
or services directly to customers wait-
ing in parked motor vehicles: provided
that, in addition to such other condi-
tions as may be prescribed by any con-
ditional use permit, the following mini-
mum 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-1 A, R-1 or R-2 Residen-
tial District.
b. Each 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.
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-1 A, 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.
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 259 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 an-
other C-2 District or a C-3 District.
10.06 Building Design and Construc-
tion. Building design and construction
within a C-2 District shall be governed by
the provisions of Section 9.06 of this ordi-
nance, except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in a C-2 District shall ap-
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish a
the principal structure.
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.
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.
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
property line if the abutting property
. minde 41-A
'4 7-4-5
zoned C-2 or C-3. Parking areas adjoin-
ing all other districts shall not be locat-
ed closer than 25 feet to the side or rear
property line. Truck traffic shall be
routed around and not through automo-
bile 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 maneu-
vering 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 fa-
cilities, aisles and maneuvering space
shall be surfaced in the same manner
as that prescribed for parking areas.
5. Storage:
a. All supplies, equipment, and mo-
tor vehicles in excess of 2 of larger than
7,000 pounds licensed gross weight shall
be stored withiin a completely enclosed
building.
10,08 Landscaping.
1. All exposed ground areas of a permit-
ted 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 merchandise.
10.09 General Regulations.
1. Uses permitted in the C-2 Commercial
Districts shall be subject to the follow-
s ingconditions:
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 pro-
duced.
b. All business, servicing or process-
ing, except for off-street parking and
off-street loading, shall be conducted
within completely enclosed buildings.
c. All activities involving the produc-
tion, processing, cleaning, .servicing,
testing or repair of materials, goods or
products shall conform with the perfor-
mance standards established for the I-1
Industrial District in Section 12 of this
ordinance, provided that the perfor-
mance 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 Com-
mercial District are set forth in Section
19,
1.10.10 Boundaries of the C-2 Commer-
3cial District.
The boundaries of the C-2 Commer-
5cial District shall include the following
described tracts and parcels of land:
SECTION 11. C-3 COON'MERCIAL
SERVICE DISTRICT.
11.01 Purpose. The C-3 Commercial
Service District is designed to furnish
areas served by other retail business dis-
tricts with a wide range of services and
goods which might otherwise be incom-
patible with the uses permitted in retail
the business districts. This district is intend -
is ed as a business district which may be
located in separate areas adjacent to oth-
er 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 tho-
roughfare or highway in order that high-
way 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 follow-
ing uses:
1. Sales, services and major repair of
motor vehicles, boats, and mobile pow-
er driven recreational equipment.
2. Auto service stations, provided that
the minimum standards of Section
10.04 i 1 i 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(21 of this
ordinance shall apply.
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 follow-
ing uses shall be allowed as accessory to
the permitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
use.
.2. 11.04 Conditional Uses. Within a C-3
Commercial Service. District, the follow-
ing uses may be allowed, but only upon
the securing of a Conditional Use Permit:
L Uses allowed in the R4, C-1 and C-2
Districts.
2. Commercial greenhouses and land-
scaping businesses.
3. Parking ramps.
4. Private clubs and lodges organized as
non-profit corporations.
5. Passenger facilities for mass transit
services.
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-1 A, 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 2i a i above.
3. Side Yard Regulations:
a. A site adjoining an R -IA, 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 -IA, R-1 or R-
2 Residential District shall have a rear
yard depth of not less than 75 feet.
5. Lot Area Regulations:
a. Not more than 501, 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 ad-
joins a C-2, C-3 or I-1 District.
11.06 Building Design and Construc-
tion. Building design and construction
within a C-3 District shall be governed by
the provisions of Section 9.06 of this ordi-
nance, except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in a C-3 District shall ap-
ply 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:
Auto Service Stations: 3 spaces for
each enclosed service bav and one
space for each employee on primary
shift.
Establishments of "drive-in
type": One space for each employee
per shift i not including outside serv-
ice employees) in addition to re-
quired 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.
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 adjoin-
ing all other districts shall not be locat-
ed closer than 25 feet to the side or rear
property line. Truck traffic shall be
routed around and not through automo-
bile 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 maneu-
vering space. Such facility shall be at
the rear of principal structure and shall
be used exclusively for the loading and
1f 7- L
3. !-f ,0-- -e4 4'7-.$
unloading of merchandise. All such fa-
cilities, aisles and maneuvering space
shall be surfaced in the same manner
as that prescribed for parking areas.
5. Storage:
a. Merchandise of the type custom-
arily displayed outdoors for retail sale
may be so displayed bevond the con-
fines of the principal structure, provid-
ed 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 build-
ing or shielded from view at street lev-
el 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 permit-
ted 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 merchandise.
11.09 General Regulations,
1. Uses permitted in the C-3 Commercial
Service 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 prerrvses where pro-
duced.
b. All activities involving the produc-
tion, processing, cleaning, servicing,
testing or repair of materials, goods or
products shall conform with the perfor-
mance standards established for the 1-1
Industrial District in Section 12 of this
ordinance, provided that the perfor-
mance 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 Com-
mercial Service District are set forth in
Section 19.
11.10 Boundaries of the C-3 Commer-
cial Service District.
The boundaries of the C-3 Commer-
cial Service District shall include the fol-
lowing described tracts and parcels of
land:
SECTION 12. Ll INDUSTRIAL DIS -
TR ICT.
12.01 Purpose. The Council of the Vil-
lage of Chanhassen determines that its
goal in zoning is that all industrial uses be
established within Planned Industrial
Districts. The 1-1 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 1-1
Industrial District. no building or land
shall be used except for the following
uses:
1. Manufacturing, compounding, process-
ing, packaging, treatment, and assem-
bly of products and materials, but ex-
cluding uses engaged principally in the
m
processing of used products or materi-
als and excluding the processing of
animals.
2. Research, testing and experimenta-
tion.
3. Offices.
4. Wholesaling and warehousing.
5. Building materials sales and storage.
3, 12.03 Accessory Uses. Within an 1-1
Industrial District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
use. ,
2.. Retail sales or products manufactured
on the site of the permitted use.
12.04 Conditional Uses. Within an I-1
Industrial District, the following uses
may be allowed, but only upon the secur-
ing of a Conditional Use Permit:
1. Airports and heliports.
2. Freight terminals.
3. Contractors' yards when conducted
entirely within fully enclosed struc-
tures or within a completely fenced
area.
4. Auto service stations, provided that
the minimum standards of Section 10.04
111 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 -IA. 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.
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 1
(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.
b. Each building in excess of 45 feet
in height shall ha -.,e a rear vard 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 1-1 industrial District shall
have an area of not less than 5 acres.
-���il��� ill
12,
VILLAGE OF
CHANHASSEN
MINNESOTA
ZONING MAP
VILLAGE COUNCIL APPROVED
FEBRUARY, 1972
LEGEND
I�
R -tA
AGRICULTURAL RESIDENCE DISTRICT
R-1
SINGLE FAMILY RESIDENCE DISTRICT
R-2
TWO FAMILY DUPLEXES
R-3
NOT LESS THAN 2 OR MORE THAN 12 UNITS
R-4
DWELLINGS OF NOT LESS THAN 12 UNITS
®
C - 1
OFFICE BUILDING DISTRICT
®
C -2
COMMERCIAL DISTRICT
®
C-3
SERVICE COMMERCIAL DISTRICT
I - 1
INDUSTRIAL DISTRICT
P- 1
PLANNED RESIDENTIAL DEVELOPMENT
P - 2
PLANNED UNIT DEVELOPMENT
MUM
P- 3
PLANNED COMMUNITY DEVELOPMENT DISTRICT
P-4
PLANNED INDUSTRIAL DEVELOPMENT DISTRICT
-��
+1 /s 1�?la1
PREPAREO @Y
SCHOELL & MADSON, INC.
ENGINEERS AND SURVEYORS
50 NINTH AVENUE SOUTH
HOPKINS . MINNESOTA 55343
13
unless such district adjoins a C-3 Dis-
trict, a Planned Industrial District or
an I-1 District.
12.06 Building Design and Construc-
tion. Building design and construction
within an 1-1 District shall be governed by
the provisions of Section 9.06 of this ordi-
nance. except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in an I-1 District shall ap-
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
12.07 Performance Standards. Uses
which because of the nature of their oper-
ation are accompanied by an excess of
noise, vibration, dust, dirt, smoke. odor,
noxious gases. glare or wastes shall not
be permitted. These residual features
shalt be deemed to be excessive when
they exceed or deviate from the perfor-
mance standards set forth in the follow-
ing specifications:
1. Noise:
a. Noise shall be muffled so as not to
become objectionable due to intermit-
tence, beat frequency. shrillness or m -
tensity At the property line, the,sound
pressure level of noise eadiated from a
facility shall not exceed the values giv-
en in Table I herein. The sound pres-
sure level shall be measured with a
sound level meter and on an associated
octave band analyzer, both of which are
manufactured according to current
specifications prescribed by the Ameri-
can Standards Association. Measure-
ment shall be made using the flat net-
work of the sound level meter.
TABLE I.
Octave Band Frequency
Decibel
(Cycles per Second)
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
Vibration:
a. No activity shall at any time cause
earth vibrations perceptible beyond the
limits of the site of the permitted use.
Dust and Dirt, Smoke, Odor and Nox-
ious Gases:
a. Incorporation by Reference. A cer-
tain document, a copy of which is on
file in the office of the Village Clerk,
marked "Official Copy -Village of Chan-
hassen" and designated as Air Pollu-
tion Control Rules, Regulations and Air
Quality Standards, designated APC
Regulation 1-15, inclusive, adopted by
the Minnesota Pollution Control Agen-
cy on May 11. 1969, filed with the Secre-
tary of State on July 3, 1969, and the
Department of Administration on July
7. 1969, together with the 1970 Supple-
ment filed with the 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 made a part hereof as
though fully set forth in this ordinance.
Glare:
a. Glare. whether direct or reflected.
shall not be visible beyond the limits of
the site of the permitted use.
Wastes:
a. All solid waste material and refuse
shall be stored within a completely en-
closed structure or contained in a
closed container designed for such pur-
pose. All liquid wastes containing any
organic or toxic matter shall be
disposed of in a manner prescribed by
the Village Engineer. The Village Engi-
neer shall prescribe the manner of
sewage treatment and disposal in the
case of large volume water usage.
Compliance:
a. In order to assure compliance with
the performance 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 adher-
ence to above performance standards.
Such investigation and tests as are re-
quired 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 organiza-
tion as may be selected by the Council.
The costs incurred in having such in-
vestigations or tests conducted shall be
shared equally by the owner or upera-
tor and the Village, unless the investi-
gation and tests disclose non-compli-
ance with the performance standards,
in which event the entire investigation
or testing cost shall be paid by the own-
er or operator. The procedure stated
above shall not preclude the Village
from making any such other tests and
investigations it finds appropriate to
determine compliance with these per-
formance standards.
12,08 Parking.
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.
Offices: One space for each 200
square feet of gross floor area.
Warehousing and Wholesale: One
14
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.
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.
Location:
a. The parking area may abut the
property line if the adjoining property
is zoned C-2. C-3 or 1-1. Parking areas
adjoining 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 auto-
mobile parking areas.
Loading:
a. Loading facilities of sufficient size
and number to provide for the require-
ments 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 maneuvering space. All
such space shall be in the rear of princi-
pal structure and shall be used exclu-
sively for the loading and unloading of
merchandise. All such facilities includ-
ing their related aisles and maneuver-
ing space shall be surfaced in the same
manner as that prescribed for parking
areas.
12.09 Landscaping.
All exposed ground areas of a permit-
ted 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 merchandise.
The landscaped area of a zoning lot in
an 1-1 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.
All outside storage areas shall be en-
closed 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 height and
opacity requirements throughout each
season of the year within 24 months
after date of planting.
12.11 General Regulations.
1. Additional regulations in the I-1 Indus-
trial District are set forth in Section 19.
12.12 Boundaries of the 1-1 industrial
District. The boundaries of the I-1 Indus-
trial District shall include the following
described tracts and parcels of land:
SECTION 13. t Reserved for future use
Z SECTION 14. P-1 PLANNED RESI-
DENTIAL DEVELOPMENT DISTRICT.
14.01 Objectives. The Village being
confronted with increasing urbanization
and acknowledging that technology of
land development and demand for hous-
ing are undergoing substantial and rapid
changes. intends:
1. To provide the means for greater crea-
tivity and flexibility in environmental
design than is provided under the strict
application of the zoning and subdivi-
sion ordinances without compromising
the health, safety. order, convenience
and general welfare of the Village and
its residents:
2. To encourage the more efficient allo-
cation and innovative use of common
open space adjoining residential build-
ings in order that greater opportunities
for better housing and recreation may
be extended to the residents of the Vil-
lage:
3. To provide for the establishment of
regulations and procedures for planned
residential district development de-
signed to meet the need for moderate
and low cost housing, including the uti-
lization of preconstructed and preas-
sembled dwelling units of a permanent
nature without sacrificing quality con-
struction and assembly standards and
tax base. and
4. To provide administrative procedures
which can relate a planned develop-
ment district to a particular site and
which may encourage the disposition of
planned development district proposals
without undue delay.
14.02 Permitted Uses. Within a P-1
Planned Residential Development Dis-
trict. no building or land shall be used
except for the following ase:
1. Single family dwellings.
2. Two family dwellings.
3. Multiple dwellings.
4. Townhouses.
14.03 Accessory Uses. Within a P-1
Planned Residential Development Dis-
trict, 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.
3� 14.04 Conditional Uses. Within a P-1
1p. Planned Residential Development Dis-
trict, the following uses may be allowed,
but only upon the securing of a Condition-
al Use Permit:
1. Retail shops and restaurants situated
entirely within a multiple dwelling
building. and which are accessible only
f vA e-nde1/7- q
from the interior of the building and
have no advertising or display which is
visible from the outside of the building.
and which facilities are provided pri-
marily for the residents of the building.
14.05 Procedure for P-1 Planned Resi-
dential Development District Zoning,
Platting and Development.
1. Ownership and Unified Control:
a. Land proposed to be developed as
a P-1 Planned Residential Develop-
ment District shall be under single
ownership or unified control. The own-
er or controlling entity shall hereinaf-
ter be referred to as the applicant. Cen-
tralized 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 develop-
ment for review by the Planning Com-
mission. Such sketch plan will be con-
sidered as having been submitted for
informal discussion between the appli-
cant and the Planning Commission.
b. Submission of a sketch plan shall
not constitute formal filing of an appli-
cation for development of a P-1 Dis-
trict. On the basis of the sketch plan.
the Planning Commission may infor-
mally advise the applicant of the extent
to which the plan conforms to the Com-
prehensive Village Plan and the stand-
ards of this and other ordinances of the
Village, and may discuss possible modi-
fications necessary to implement ap-
proval of the plan.
3. Proposed Preliminary Development
Plan:
a. Prior to the submission of an ap-
plication for rezoning, the following
documents, which in their entirety
shall constitute a proposed preliminary
development plan, shall be filed with
the Zoning Administrator:
(1i Maps and drawings which may be
in a general schematic form and
showing: a) enough of the area
surrounding the proposed develop-
ment to demonstrate the relation-
ship of the planned development to
adjacent uses, bi proposed land
uses. area. population densities
and land use intensities for each
area of land included in the pro-
posed development, c) existing
topography. d 1 existing tree cover.
buildings, streets and other site
improvements, 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
architectural style of each differ-
ent type of builoing.
(2i A written report or statement
which shall include a) the nature of
the applicant's ownership or con-
trol in the land proposed to be de-
veloped. b) a description of the
type of proposed development, in-
cluding population densities and
land use intensities, c I requested
modification in the requirements
of this ordinance otherwise applic-
able to the property, d i the expect -
ism 7- E
147-- q 1 7 -
ed schedule and sequence of devel-
opment.
b. Within 14 days after the submis-
sion of the proposed preliminary devel-
opment plan the Zoning Administrator
shall review the proposed plan, and
may schedule meetings with the appli-
cant for the purpose of presenting his
findings or recommended modifica-
tions. The Zoning Administrator shall
either grant preliminary approval of
the proposed plan as submitted, or
grant preliminary approval subject to
specified modifications, or deny pre-
liminary approval of the proposed plan
stating reasons for the denial.
c. If the proposed preliminary devel-
opment plan is denied or approved with
conditions with which the applicant
does not agree, the applicant may re-
quest that the proposed plan be for-
warded to the Planning Commission for
its consideration.
Preliminary Development Plan:
a. A preliminary development plan
shall be submitted to the Planning
Commission together with an applica-
tion 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 addi-
tion, the following shall be required: 1
detailed drawings of land uses showing
proposed buildings, parking and garag-
ing arrangements. common open space
areas. recreation improvements and
structures, and open spaces around
buildings and structures, 2 ) prelimi-
nary elevation drawings of all proposed
structures and buildings except de-
tached single family dwellings, 31 a
perspective drawing or model which
clearly shows the architectural style of
the development, 4 � proposed agree-
ments, provisions or covenants regulat-
ing the establishment. use, mainte-
nance and continued stability of the
planned development and any of its
common open space areas, 5) a sched-
ule showing estimated progression of
development.
c. The Planning Commission shall
conduct a public hearing in accordance
with the provisions 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 recommen-
dation to the Village Council which may
include the following: 1 i approval or
disapproval of the rezoning application,
2) approval of the preliminary develop-
ment plan, 31 disapproval of the prelim-
inary development plan stating reasons
for the disapproval, 4 ) approval of the
preliminary development plan subject
to specified modifications and condi-
tions.
d. The Planning Cmmission shall
recommend a written time schedule for
development, and shall specify a time
15 3 ll7Q r o 14 7 ii f�_
�7- 6 6--
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 Com-
mission and the Village Council.
e. The Village Council may 1) ap-
prove the preliminary development
plan and application for rezoning, 2)
disapprove the preliminary develop-
ment plan and application for rezoning
stating reasons for the disapproval, or
3) approve the preliminary develop-
ment plan and application for rezoning
subject to specified modifications and
conditions.
Final Development Plan:
a. A final development plan shall be
filed with the Zoning Administrator to
be submitted to the Planning Commis-
sion and the Village Council within the
time limit specified by the Planning
Commission as provided in subsection
4d.above.
b. The final development plan shall
include the following: 1) preliminary
plat in accordance with the applicable
provisions of Ordinance 33, Chanhassen
Subdivision Ordinance, including
agreements, provisions, covenants and
specifications required for approval of
the final development plan, 21 final
building drawings and specifications, 3 )
final site plans including a landscape
schedule, 4 ) engineering plans and re-
ports as required by the Council, 5) any
other information or documents re-
quired 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 development is not in con-
flict with the Comprehensive Village
Plan, 2) the proposed development is
designed in such a manner as to form a
desirable and unified environment
within its own boundaries, 3) the pro-
posed uses will not be detrimental to
present and future land uses in the sur-
rounding area, 4) any exceptions to the
zoning and subdivision ordinances are
justified by the design of the develop-
ment, 5) the planned development is of
sufficient size, composition and ar-
rangement 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 pro-
posed to serve the development, 7) the
planned development will not have an
adverse impact on the reasonable en-
joyment of neighboring property.
d. The Village Council may 1) ap-
prove the final development plan, 2)
disapprove the final development plan
stating reasons for the disapproval, or
3) approve the final development plan
subject to specified modifications and
Zoning Administrator.
14.06 Revisions and Changes.
Minor Changes: Minor changes in the
placement and height of',buildings or
structures may be authorized by the
Zoning Administrator if required by
engineering or other circumstances not
foreseen at the time the final develop-
ment plan was approved. Any such au-
thorization shall be in writing and filed
in the office of the Zoning Administra-
tor. - '
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 Plan-
ning Commission and the submission of
its recommendations thereon to the Vil-
lage Council. No amendments may be
made in the approved final develop-
ment 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 poli-
cy of the Village. All such changes shall
be filed in the office of the Zoning Ad-
ministrator as amendments to the final
development plan.
14.07 Annual Review.
Planning Commission Review. The
Planning Commission shall review all
Planned Unit Development Districts at
least once each year and submit a re-
port to the Village Council on the status
of development.
Village Council Action: If the Village
Council finds that development has not
occurred within a reasonable time af-
ter 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 zon-
ing.
14.08 Building Design and Construc-
tion.
1. Multiple Residence Building: Within a
P-1 District, building design and con-
struction for a multiple residence build-
ing 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 disposition of Common Open Space
areas within a P-1 District shall be
goverened by the provisions of Section
21 of this ordinance.
14.10 General Regulations.
1. Additional regulations in the P-1 Plan-
ned Residential Development District
Sare set forth in Section 19.
'. 14.11 Boundaries of the P-1 Planned
3,Residential Development District. The
t( boundaries of the P-1 Planned Residential
V Development District shall include the
following described tracts and parcels of
land:
,SECTION 15. P-2 PLANNED UNIT
conditions. g DEVELOPMENT DISTRICT.
e. If approved. the final development 15.01 Objectives. The P-2 Planned
plan shall be filed in the office of the Unit Development District is intended to
�m nd Sl7- 6 M u O, Pk n . �j 6 y1
-R2
R G 47 - AK
provide a district appropriate for high
density residential uses and office build-
ings for administrative, financial and pro-
fessional uses, particularly in transition-
al situations between business or industri-
al 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 build-
ings, joint or common use of parking and
other similar facilities and a harmonious
selection and efficient distribution of
permitted uses within the district.
15.02 Permitted Uses. Within a P-2
Planned Unit Development 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 pro-
fessional 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 acces-
sory to the permitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
u se.
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 Sec-
tions 14.05 to 14.07 inclusive of this ordi-
nance.
15.05 Building Design and Construc-
tion.
1. Multiple Residence Buildings: Within
a P-2 District, building design and con-
struction for multiple residence build-
ings, 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 construc-
tion for all buildings other than multi-
ple residence buildings shall be gov-
erned by the provisions of Section 9.06
of this ordinance:
15.06 land Use Intensity,
I. Commercial Buildings: With a P-2 Dis-
trict not more than 30", of the lot area
shall be occupied by buildings.
15.07 Common Open Space.
1. The establishment, use, maintenance
and disposition 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 regulation in the P-2 Plan-
ned Unit Development District are set
forth in Section 19.
15.09 Boundaries of the P-2 Planned
Unit Development District. The bounda-
ries of the P-2 Planned Unit Development
District shall include the following de-
'. # O 7-�3
sVU
All- $L
1.
scribed tracts and parcels of land:
SECTION 16. P-3 PLANNED COMMU-
NITY DEVELOPMENT DISTRICT.
16.01 Objectives. The P-3 Planned
Community Development District is in-
tended to provide a pre -planned develop-
ment of high density residential uses, of-
fice buildings for administrative, finan-
cial and professional uses, and industrial
uses complying with the standards of the
P-4 Planned Industrial Development Dis-
trict. It is further intended that to the
extent reasonably possible the P-3 Dis-
trict be characterized by central manage-
ment. integrated architectural design of
buildings, joint or common use of parking
and other similar facilities and a harmo-
nious selection and efficient distribution
of permitted uses within the district.
16.02 Permitted Uses. Within a P-3
Planned Community Development Dis-
trict. no building or land shall be used
except for the following uses:
1. Multiple dwellings containing not less
than twelve (12 ) dwelling units.
2. Administrative offices.
3. Medical, dental, legal and similar pro-
fessional offices.
4. Financial institutions.
5. Restaurants.
6. Theaters.
7. Industrial uses complying with the
standards of the P-4 Planned Industrial
Development District.
16.03 Accessory Uses. Within a P-3
Planned Community Development Dis-
trict, the following uses shall be allowed
as accessory to the permitted use:
I. Subordinate uses which are clearly and
customarily accessory to the permitted
use.
16.04 Procedure for P-3 Planned
Community Development District Zon-
ing, 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 Sec-
tions 14.05 to 14.07 inclusive of this ordi-
nance.
16.05 Building Design and Construc-
tion.
1. Multiple Residence Buildings: Within a
P-3 District, building design and con-
struction for multiple residence build-
ings, 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 Sec-
tion 9.06 of this ordinance.
16.06 Land Use Intensity.
I. 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 disposition 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 Plan-
�tneoled '1? -92-
. 4 %- 12
3.
19-1." 47- All-
ned Community Development Distric
are set forth in Section 19.
3.16.09 Boundaries of the P-3 Planned
Community Development District. Th
boundaries of the P-3 Planned Commu
nity Development District shall include
the following described tracts and parcel
of land.
SECTION 17. P-4 PLANNED INDUSTRI
AL DEVELOPMENT DISTRICT.
17.01 Objectives. The P-4 Planned
Industrial Development District is in
tended to provide a planned industria
development district of high quality with
regulations, controls and standards fo
the orderly development and mainte-
nance of permitted uses therein which
will be complementary to and compatible
with the predominantly suburban -rural
character of the Village, and which will
insure to the owners and occupants o
permitted uses the full use, benefit an
prestige of a planned industrial district o
exemplary standards in selected area
deemed especially adapted by reason o
surroundings, transportation facilities
and other facts to such land use to enable
such a district to make a fair and continu-
ing contribution to the general welfare of
the Village and its neighboring communi-
ties.
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
51' Planned Industrial District. no building or
land shall be used except for the following
uses:
1. Manufacturing, compounding, process-
ing, packaging, treatment and assem-
bly of products and materials, but ex-
cluding uses engaged principally in the
processing of used products or materi-
als and excluding the processing of
animals.
2. Research, testing and experimenta-
tion.
3. Offices.
4. Wholesaling and warehousing of non-
perishable products not manufactured
on the premises of the permitted use,
provided such products are the proper-
ty of or consigned to the owner of the
permitted use or a lessee thereof, and
provided further that the owner or les-
see of the permitted use does not estab-
lish said use as a freight terminal oper-
ation.
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, recrea-
tion, 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 as-
-7-1
s-
/�irrier�et� �f7"lIqQ
7 - A-
t sembled on said premises; provided
however, that all outside storage areas
shall not comprise an area greater than
e the floor area of the principal structure
on the permitted use, and shall be en-
closed by a screen wall fence of not less
s than 10 feet in height. Said screen wall
fence shall be 1001; 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
1 fence at the discretion of the Council;
h provided however, that any such screen
r 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
f mailing and order pick-up facilities.
d 17.04 Procedure for P4 Planned In-
dustrial Development District Zoning,
s Planning and Development.
f 1. Zoning, Platting and Development.
a. Procedures for the zoning, plat-
ting and development of a PA District
shall be governed by the provisions of
Sections 14.05 14.07 inclusive of this
ordinance.
17.05 Building Design and Construc-
tion. Building design and construction
within a P-4 District shall be governed by
the provisions of Section 9.06 of this ordi-
nance, 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 oper-
ation 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 disposition 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 PA Plan-
ned Industrial Development District
are set forth in Section 19.
2. 17.09 Boundaries of the P-4 Planned
4llndustrial Development District.
The boundaries of the P-4 Planned
Industrial Development District shall in-
clude the following described tracts and
parcels of land:
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 in-
cluding the lakes, wetlands, marshes and
natural watercourses from land uses in-
compatible with the interests of the pub-
lic in preserving these amenities in their
natural state for the public good. In addi-
tion to foregoing general purposes, it is
the specific intent of this ordinance to:
1, Reduce danger to persons and property
by preventing land changes which could
create conditions conducive to soil ero-
sion.
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 preservation of takes, marshes,
wetlands and watercourses 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:
1. "Regional flood" means a flood which
is representative of large floods known
to have occurred in the Minnesota Riv-
er Valley and reasonably characteristic
of what can be expected to occur on an
averagefrequency.
2. "Flood plain" means the areas adjoin-
ing a watercourse which has been or
hereafter may be covered by a flood.
18.03 Permitted Uses. Within an F-1
Flood Plain & Watercourse District no
land shall be used except for the following
uses:
1. Grazing of livestock.
2. Recreation.
3. Farming and truck gardening involv-
ing cultivation of land only, and the
growing and preservation of trees and
nursery stock.
19.94 Regulations. Within an F-1 Flood
Plain & Watercourse District the follow-
ing regulations shall apply:
1. No new structures shall be erected
within an F -I District after the effec-
tive date of this ordinance.
2. No major alteration of a structure in
existence on the effective date of this
ordinance shall be permitted 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.
3. No filling, excavating, grading, dump-
ing, nor the clearing of trees or natural
vegetation shall be permitted in an F-1
District without specific written ap-
proval 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 re-
stricts 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 -I 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 Feb. 7, 1972, on file in the
office of the Village Clerk. Said map and
all notations, references and data shown
thereon are hereby incorporated by refer-
ence 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 Administra-
tor to maintain said map, and amend-
ments thereto shall be recorded on said
map within thirty (30) days after official
publication of such amendments.
SECTION 19. GENERAL REGULA-
TIONS.
19.01 Regulations and Interpretations.
.The regulations, interpretations, modifi-
cations and exceptions set forth in Section
19 shall apply to all districts unless other-
wise 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 Ordinances
No. 36, 36-A and 36-B, and every provi-
sion 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, mea-
surements 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, respective-
ly, subject to the following
modifications:
a. Cornices, canopies, eaves and bay
windows may extend into the required
yard a distance not exceeding 3 feet.
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 retaining wall. shall be con-
structed only upon the securing of a
Conditional Use Permit• and the re-
quired 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 between 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
in 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.
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 addi-
tion to the number permitted in the dis-
trict in which the lot is situated shall be
permitted on the down -hill side of any
lot.
Towers, antennas, spires, penthouses.
scenery lofts, cupolas, water tanks,
similar structures and necessary me-
chanical 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 Per-
mit.
19.06 Landscaping.
All landscaped areas shall be main-
tained in an attractive and well kept
condition.
19.07 Swimming Pools.
Private swimming pools located on the
site of multiple family dwellings which
are intended for and used solely by the
occupants of multiple dewllings shall
comply with the following regulations:
a. No part of the water surface of a
swimming pool shall be less than fitty
(50)feet from any lotline.
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 uncon-
trolled access from the street or adja-
cent property.
19.08 Automobile Service Stations.
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 per-
sons.
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
obscuring the view.
shall be operated between the hours of
19.04 Accessory Buildings.
12:01 a.m. and 6:00 a.m.
1. An accessory building attached to the
19.09 Basement Homes.
main building shall be made structural-
1. Basement homes are prohibited in all
ly a part of the main building and shall
districts.
comply in all respects with the require-
1 19.10 Moving, Alteration or Wrecking
ments of this ordinance applicable to
of Structures.
the main building. An accessory build-.
Buildings or structures moved into or
ing, unless attached to and made a partee�10
within the village shall comply with the
of the main building shall not be closer
provisions of this ordinance and the
than 10 feet to the main building.
Chanhassen Building Code (or new
2. A detached accessory building shall
buildings or structures.
not be located in any required front or
2. No person, firm, or corporation shall
side yard.
erect, construct, enlarge, alter, repair,
3. Within the R-3 and R-4 Residence Dis-
move, improve, remove, convert, or
tricts accessory buildings shall observe
demolish anv building or structure in
the same setback requirements estab-
the village, or cause the same to be
lished for the multiple residence build-
done, without first obtaining a separate
ing except accessory buildings located
building permit for each such building
within the rear yard of the multiple res-
or structure from the Village Building
idence building may be located to with-
Official.
%- Ob 18
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 de-
signed 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.
construction, 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 vol-
tage electrical energy is prohibited,
except upon the securing of a Condition-
al Use Permit.
19.13 Planned Unit Development Re-
quirements.
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 gov-
erned by the regulations thereof.
19.14 Unimbabitable 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 fore-
going conditions.
T�t5 "ming Lot Limitation.
L Only one principal structure shall be
,permitted on each zonin lob _
.Z. 19.16 i5ulsiae� m Resu7ent'ral
Districts.
1. Outside storage of recreational equip-
ment is prohibited in the front and side
yards in all residential zoning districts.
unless screened by fencing.
2. All outside storage structures in resi-
dential zoning districts shall be archi-
tecturally harmonious with the princi-
pal structure.
19.17 Certificate of Occupancy.
I. The certificate of occupancy required
by the Chanhassen Building Code, Ordi-
nance No. 23, shall be issued only for a
structure which complies with all ap-
plicable provisions of this ordinance
"land land said building code.
.3. SECTION 20. NON -CONFORMING
USES.
20.01 Continuaiion. The lawful use of
buildings or land existing at the effective
date of this ordinance which does not con-
form to the provisions of this ordinance
shall be discontinued within a reasonable
period of amortization of the building, and
1/7- S
uses of land or buildings which become
non -conforming by reason of subsequent
amendments of this ordinance shall also
be discontinued within a reasonable peri-
od of amortization of the building. The
period of amortization shall commence
with the effective date of this ordinance
and shall extend for a period of not more
than:
L Fifteen i 15 i years for buildings of
wood frame construction.
2. Twenty 1201 years for buildings of
wood and masonry construction.
3. Thirty t30i years for buildings of fire
proof construction.
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 altera-
tions are made, a non -conforming use of a
building may be changed to another non-
conforming use of the same or more re-
stricted 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 there-
after be changed to a less restricted use.
20.03 Restoration. Any building locat-
ed in any district which is partially de-
stroyed 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, accord-
ing to the estimate of the Council or some
official designated by it, to the extent of
fifty i5oi per cent or more, may not be
rebuilt or reconstructed except in accord-
ance with such restrictions.
20.04 Termination of Use. In the even(
a non -conforming use is discontinued for
a period of one iI) year, or if a noncon-
forming use is replaced by a conforming
use, any subsequent use of the premises
shall be in conformity with the use regula-
tions 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 i 1 ) year after the effective
date of this ordinance, except that a junk
yard may continue as a non -conforming
use in an 1-1 District if within that period
it is completely enclosed within a build-
ing, 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 yard. Plans for
such building or screening device shall be
approved by the Council before it is erect-
ed or put into place.
20.06 Normal Maintenance. Mainte-
nance, necessary non-structural repairs,
and incidental alterations of a building or
structure containing or used as a non-
conforming use are to be permitted pro-
vided that any such maintenance, repairs
or alteration does not extend, enlarge, or
intensify the non -conforming building or
use.
20.07 Public Utility Buildings; Excep-
tions. 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 dis-
trict regulations may be allowed for such
building or structures by the Council as it
deems necessary.
SECTION 21. COMMON OPEN SPACE.
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 en-
joyment of occupants of the Planned Unit
Development District. Common open
space may contain such complementary
structures and improvements as are nec-
essary 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 pro-
posed 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 pro-
posed to be included in a Planned Unit
Development District shall provide for
the establishment an organization for
the ownership and maintenance of any
non -dedicated common open space, and
such organization shall not be dis-
solved, nor shall it dispose of any such
common open space, by sale or other-
wise, except to an organization con-
ceived and established to own and
maintain the common open space, with-
out first offering to dedicate the same
to the Village or other government
agency.
?. 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 Plan-
ned Unit Development District fail to
maintain the common open space in
reasonable order and condition in ac-
cordance with the Development Plan,
the Village may serve written notice
upon such organization or upon the oc-
19 � l4•_�.I L 19..9-2-4tacV_h y7 -AC
rhe7 f�
. � Iq i�19�9 /9�D �� �d y7_A
3>�.�I
cupants 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 defi-
ciencies of maintenance be cured with-
in 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 the terms of the
original notice as to the deficiencies
and may give an extension of time with-
in which they shall be cured. If the de-
ficiencies set forth in the original no-
tice or in the modifications thereof
shall be cured within said thirdy 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 en-
try 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 ini-
tiative or upon the request of the orga-
nization theretofore responsible for the
maintenance of the common open
space, call a public hearing upon notice
to such organization, or to the occu-
pants of the Planned Unit Development
District to be held by the Village Coun-
cil, at which hearing such organization
or the occupants of the Planned Unit
Development 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 organization is ready and able to
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 Inspec-
tor 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 succes-
sors are appointed. The Board shall select
one of its members as chairman and ap-
point a secretary who may, but need not,
be one of its members. Administrative
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 deter-
mination made by an administrative
officer in the enforcement of this ordi-
nance.
2. To hear requests for variances from
the literal provisions of the ordinance
in instances where their strict enforce-
ment would cause hardship because of
circumstances unique to the individual
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:
t/That there are special circumstances
nd i ff ti the land build -
maintain said common open space in
reasonable condition, the Village shall
or co ions a ec ng
ing or use referred to in the application
cease to maintain said common open
space at the end of said year. If the Vil-
for the variance.
That the granting of the variance is
I
lage Council shall determine such orga-
nization is not ready and able to main-
necessary for the preservation and en
Ioyment of substantial property rights.
tain said common open space in a rea-
3. That the granting of the application
sonable condition, the Village may. in
will not be materially detrimental to
its discretion, continue to maintain said
the public welfare or injurious to prop -
common open space during the next
erty in the area adjacent to the proper -
succeeding year and subject to a simi-
lar hearing and determination, in each.,/14.
ty for which the variance is sought.
That the grant of the variance will be
vear thereafter. The decision of the Vil-
in keeping with the spirit and intent of
lage Council in any such case shall con-
stitute a final decision.
this ordinance.
The Board of Adjustments and Appeals
Cost of Maintenance. The cost of
in recommending, and the Council in
maintenance by the Village of common
granting, a variance may impose condi-
open space shall be specially assessed
tions to insure compliance and to protect
ratably against the properties within
adjacent properties. The Board of Adjust -
the Planned Unit Development District
ments and Appeals and the Council shall
that have a right of enjoyment of the
not permit as a variance any use that is
common open space. Any such special
assessment shall be made in accord-
not permitted under this ordinance for
property in the zoning district where the
ancewith applicable Minnesota law.
land which is the subject of the variance
SECTION 22. BOARD OF ADJUST-
MENTS 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
1. {fm�vtec2 %�7--AZ
application is located.
22.03 Appeals. Appeals where it is al-
leged that there is an error in any order,
requirement, decision, or determination
made by an administrative officer in the
enforcement of this ordinance shall be'
taken within fifteen (15) days after the
20
issuance of such order, requirement, de-
cision 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 vari-
ance, in addition to payment of the es-
tablished building 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
Adjustments and Appeals on such ap-
peal or application, which hearing shall
be held within 30 days after the filing of
said appeal or application. At the hear-
ing 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 the appeal or applica-
tion for variance, and, in the case of an
application for a variance, to each
owner of property situated wholly or
partially within 200 feet of the property
to which the variance application re-
lates, 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 deci-
sion upon the appellant or the applicant
by mail
3. Council Action. The Council shall k•e-
view, and may revise or reverse, any
decision of the Board of Adjustments
and Appeals. In reviewing such deci-
sions 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 re-
ceipt 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 re-
viewed and approved by the Council.
4. Denial. Variances may be denied by
the Council and such denial shall consti-
tute a finding and determination 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
161 months from the date of such order
of denial, except on grounds of new evi-
dence or proof of change of conditions
found to be valid by the Board of Ad-
justments and Appeals.
5. Action Without Decision. If no decision
is transmitted by the Board of Adjust-
ments and Appeals within sixty 160,
days after referral of the appeal or ap-
plication for variance to the Board, the
Council may take action without fur-
ther awaiting such decision.
22.05 Revocation. A violation of any
at least ten ( 10 i days before the day of
uses are granted the Council shall require
condition set forth in granting a variance
hearing to each owner of affected proper-
such evidence and guaranties as it may
shall be a violation of this ordinance and
ty and property situated wholly and par-
deem necessary as proof that the condi-
shall automatically terminate the vari-
tially within 200 feet of the property to
tions stipulated in connection therewith
ante. A variance shall become void one
which the conditional use relates. For the
are being and will be complied with.
Year after it was granted unless made use
purpose of giving mailed notice, the Zon-
23.08 Revocation.
of within the vear.
ing Administrator may use any appropri-
1. A violation of any condition set forth in
SECTION 23. CONDITIONAL USE
ate records to determine the names and
a conditional use permit shall be a vio-
PERMITS.
addresses of owners. A copy of the notice
lation of this ordinance, and any such
23.01 Purpose. Conditional uses are
and a list of the owners and addresses to
violation shall constitute sufficient
those uses generally not suitable in a par-
which the notice was sent shall be attest-
cause for the revocation of the condi-
ticular zoning district, but which may
ed to by the Zoning Administrator and
tional use permit by the Council.
under some circumstances be acceptable.
shall be made a part of the records of the
2. In any case where a conditional use has
When such circumstances exist, a condi-
proceedings. The failure to give mailed
not been established within 90 days af-
tional use permit may be granted. Condi-
notice to individual property owners, or
ter the granting thereof, then without
tions may be applied to issuance of the
defects in the notice shall not invalidate
further action by the Council, the condi-
permit and a periodic review of the per-
the proceedings, provided a bona fide at-
tional use or authorization therefor
mit may be required. The permit shall be
tempt to comply with this section has
shall be null and void.
issued for a particular use by a particular
been made.
23.09 Denial of Conditional Use. No
person, firm. or corporation, and any
23.05 Authorization. For each applica-
application for a conditional use which
such permit shall not be transferred or
tion for a conditional use permit, the
has been denied by the Council shall be
assigned for use by another without the
Planning Commission shall report to the
resubmitted for a period of one year from
written consent of the Council to such
Council its findings and recommenda-
the date of such order of denial, except on
transfer or assignment. Conditional use
tions, designating such conditions and
grounds of new evidence or proof of
permits may be issued for any of the fol-
guarantees as the Planning Commission
change of conditions found to be valid by
lowing.
deems necessary for the protection of the
the Council.
1. Anv of the uses for which such permits
public interest. Upon receipt of the report 23.10 Conditional Use Permit Fees.
are required or permitted by the provi-
of the Planning Commission, the Council
The following fees and costs shall be paid
sions of this ordinance.
may hold whatever public hearing it
to the Village by the applicant for a condi-
2. Public utility or public service uses or
deems advisable and shall make a deci-
tional use permit:
public buildings in any district when
sion upon the application to grant a condi-
1. A minimum fee of $35.00 to be paid
found necessary for the public health,
tional use permit. If it finds that the con-
upon the filing of the application for the
safety, convenience or welfare.
ditions exist which are necessary under
conditional use permit.
3. Land reclamation, mining, or soil or
Section 23.06 before the Planning Com-
2. All direct expense of the Village in -
mineral processing.
mission may recommend the granting of
curred or expended by it in the process -
4. To classify as a conforming use any
a conditional use permit, the Council may
ing of the conditional use permit appli-
non-conforming institutional use exist-
grant the use permit and may attach to
cation, including publication, mailing,
ing in any district at the time of the
the permit such conditions and require
legal and engineering costs.
establishment of such district.
such guarantees as it deems necessary to
3. At the time of the filing of a conditional
5. To permit the location in any district of
insure compliance and to protect adja-
use permit application, the Zoning
temporary uses which will not continue
cent properties.
Administrator may require the appli-
for a period of more than one year. For,, 23.06 Standards. No conditional use
cant to deposit with the Village funds
good cause shown, the Village Council
shall be recommended by the Planning
estimated by the Zoning Administrator
may renew any such temporary per-
Commission unless it shall find:
to be sufficient to defray all Village
mit.
1. That the establishment, maintenance
expense in processing said application.
23.02 Initiation of Conditional Use.
Anv person having a freehold interest in
land, or a possessory interest entitled to
exclusive possession, or a contractual
interest which may become a freehold
interest, may file an application to use
such land for one or more of the condition-
al uses provided 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 Adminis-
trator. The application shall be accompa-
nied by such plans and data prescribed by
the Zoning Administrator and shall in-
clude a statement in writing by the appli-
cant and adequate evidence showing that
the proposed conditional use will conform
to the standards set forth in Section 23.06
hereinafter.
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 i 10 1
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
not be detrimental to or endanger the
public health, safety, morals, comfort,
or general welfare.
2. That the conditional use will not be in-
jurious to the use and enjoyment of
other property in the immediate vicini-
ty for the purposes already permitted,
nor substantially diminish and impair
property values within the neighbor-
hood.
3. That the establishment of the condi-
tional use will not impede the normal
and orderly development and improve-
ment of the surrounding property for
uses permitted in the district.
4. That the conditional use shall, in all
other respects, conform to the applica-
ble regulations of the district in which
itis located.
23.07 Conditions and Guaranties.
Prior to the granting of any conditional
use, the Planning Commission may rec-
ommend, and the Council shall stipulate,
such conditions and restrictions upon the
establishment, location, construction,
maintenance, and operation of the condi-
tional 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
21
aftercompletionof proceedings on the
application shall be refunded to the
applicant.
SECTION 24. AMENDMENTS.
24.01 Purpose. This ordinance may be
amended only by an affirmative vote of
four-fifths 14 51 of the Village Council.
24.02 Initiation. Proceedings for
amendment of this ordinance shall be ini-
tiated by: Ali a petition of the owner or
owners of the property, the zoning of
which is proposed to be changed: i21 a
recommendation of the Planning Com-
mission: or i31 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 Adminis-
trator and shall be accompanied by six
161 copies of a set of plans and graphics
containing the following information:
1. A generalized location map showing
the location of the proposed site in rela-
tion 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 proposed site.
5. Elevation drawings or illustrations
indicating the architectural treatment
of all proposed buildings and struc-
tures.
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.
7. Any plans for the modification of
standards set by this ordinance or any
othejordinance of the Village.
8. Location and size of all required park-
ing 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 Pro-
cedure. The Planning Commission shall
hold at least one public hearing on propos-
als for amendment of this ordinance, af-
fording an opportunity for all parties in-
terested to be heard and shall give not
less than ten (101 days normore than thir-
ty 1301 days notice of time and place of
such hearing, published in the legal news-
paper for the Village. When an amend-
ment involves changes in zoning district
boundaries, such notice shall also contain
the description of the land and the pro-
posed changes in zoning. At least ten (10 (
days before the hearing the Zoning Ad-
ministrator 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 pro-
posed to be re -zoned. For the purpose of
giving mailed notice, the Zoning Adminis-
trator 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 of the proceedings.
The failure to give mailed notice to indi-
vidual property owners, or defects in the
notice shall not invalidate the proceed-
ings provided a bona fide attempt to com-
ply 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 Ad-
ministrator. the Planning Commission
shall make a written report to the Council
stating its findings and recommenda-
tions.
24.06 Action by Council. Upon the fil-
ing of the report of the Planning Commis-
sion. 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 expira-
tion 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 (IOi days nor more than
thirty ( 301 days notice of time and place
of such hearing published in the legal
newspaper for the Village, and such no-
tice shall contain a description of the land
and the proposed change in zoning when
the amendment involves changes in zon-
ing district boundaries.
At least ten (10) days before the hear-
ing 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 pro-
posed 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 Commis-
sion. The Council shall not rezone any
land in any zoning district or make any
other proposed amendment to this ordi-
nance without having first referred it to
the Planning Commission for its consider-
ation and recommendation.
24.08 Effect of Denial. Rezoning appli-
cations may be denied by motion of the
Council and such motion shall constitute a
finding and determination that the pro-
posed 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 peri-
od of six (6( months from the date of said
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 dis-
trict boundaries:
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 in-
curred or expended by it in the process-
ing of the zoning amendment applica-
tion. 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 appli-
cant to deposit with the Village funds
estimated by the Zoning Administrator
to be sufficient to defray all Village
expense in processing said application.
Anv 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.
SECTION 25. ADMINISTRATION AND
ENFORCEMENT.
25.01 Enforcing Officer. This ordi-
nance shall be administered and enforced
by the Zoning Administrator, who shall tx,
appointed by the Council
'_'5.02 Zoning Administrator; Duties.
The Zoning Administrator shall enforce
this ordinance and (n addition thereto and
in furtherance of said authority he shall
I Determine that all building permits
comply with the terms of this ordi-
nance.
'' Conduct inspections of buildings and
use of land to determine compliance
with the terms of this ordinance.
3. Maintain permanent and current rec-
ords of this ordinance, including but not
limited to. all (naps. amendments and
conditional uses. variances. appeals
and applications therefor.
4. Receive, file and forward all applica-
tions for appeals. variances. condition-
al uses or other matters to the designat-
ed official bodies
5 Institute in the name of the village anv
appropriate actions or proceedings
against a violator as provided by law.
6. Serve as an ex officio nonvoting mem-
ber of the Planning Commission.
SECTION 26. SEPARABILITY.
It is herebv declared to be the intention
of the Council that the several provisions
of this ordinance are separable in accord-
ance with the following:
L If am• court of competent jurisdiction
shall adjudge anv provision of this ordi-
nance to be invalid. such judgment
shall not affect anv other provisions of
this ordinance not specifically included
in said judgment.
It ani court of competent ,jurisdiction
shall adjudge invalid the application of
any provision of this ordinance to a par-
ticular tract of land. building or struc-
tw-e. such judgment shall not affect the
application of said provision to anv oth-
er tract of land. building or structure
not specifically included in said judg-
ment.
SECTION 27. VIOLATIONS AND PEN-
ALTIES.
'_'7.01 Violations and Penalties. Any
person. firm, or corporation who shall
violate an of the provisions hereof. or
who shall make any false statement in
anv document required to be submitted
under the provisions hereof. shall be guil-
ty 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. Each day that a viola-
tion continues shall constitute a separate
of tense
27.02 Enforcement. In the event any
building or structure is erected. con-
structed. altered. repaired. converted or
maintained. or anv building. structure or
land is used in violation of this ordinance.
the Zoning .administrator may institute
am' proper action or proceeding in the
name of the Village (a1 to prevent such
unlawful erection. construction, altera-
tion. repair. conversion. maintenance or
use: or (b to restrain or abate such viola-
tion I or (c to prevent the use or occupan-
cy of anv such building. structure or land
SECTION 28. REPEAL.
Ordinance No 1. including Amend-
ments Nu-�.I through 8 inclusive, entitled
"Zoning Ordinance for the Township of
Chanhassen.'' enacted March 3. 1952. and
Chanhassen Village Ordinances Nos. 26.
26A. 26B. 26C and 261). enacted April 15.
W% Julv 8, 1968. December 16, 1968. Jule
28. 1969. May 5. 1969. respectively. Chan-
hassen Village Ordinance No. 40. enacted
December 1. 1969. 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 re-
pealed.
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
Februarv.1972.
Al. H KLINGELHUTZ ss
st�!� Mayor
.ATTEST:
ADOLPH TESSNESS
Clerk
Public Hearings Conducted 12-15-71. 1-5-
72 and 1-31-72.
Published in Minnetonka & Carver
Countv Sun on the 9th day of 'March. 1972.
Mar 9.19721—:Atka &Carv.
23
CITY OF C1iANHASSEN
CARVER AND, HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-A
AN ORDINANCE AMENDING SECTIONS 19. 10(l), and 19. 16(1) , OF THE CHANTH.ASSEN
ZONING ORDINANCE AND ADDING THERETO SECTIONS 10. 10 (1) , 12.12 (1) , 13,
19. 18, 19.19, 23.06(S) and 23.10.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Sections 19. 10(1) , and 19. 16(1) , of Ordinance No. 47 entitled,
Chanhassen Zoning Ordinance", adopted February 8, 1972, are hereby amend -ad to
read as follows:
Section 19. 10 Moving, Alteration or Wrecking of Structures.
1. Buildings or structures moved into or within the City sr:a_i
comply with the provisions of tnis ordinance and the Chanhassen Bui:ding
Code for new buildings or structures. A permit shall be required to mov.:
buildings or structures into the City, and any such permit may prescribe
conditions and restrictions regulating any such move.
Section 19. 10' Outside Storage in Residential Districts.
1. The outside storage of recreational equipment is prordbit--d
in front and side yards in all residential zoning districts; except t;.at if
the rear yard of a zoning lot is inaccessible or physically unsuitable, such
storage may be permitted in one side yard only of said zoning lot as c:�5
as practicable to the side of the principal structure on said lot; provia -d
further, that any such side yard storage area shall not be adjacent to a
street. Not permitted for storage by tnis section are vehicles and racr�-
ational equipment not originally constructed for recreational use.
a. For the purposes of this ordinance, racreation,:l
equipment shall include the following:
(1) Boats and canoes
(2) Snowmobiles
(3) All terrain vehicles
(4) _ra."er_: f,`s die tr'r,�3,porlar.lon nt i -n- o�,
(ti) A11 .jiot or vehicles , eitiler self-propellCd I
capable of being towed and designed, con-
structed, or used to provide temporary,
movable living quarters for recreational u:; .
Not included within this definition ars
SECTION 2 . Sections 10.10 , 12.12 , 19 and 23 of Ordinance No. 47 antit:::d ,
"The Chanhassen Zoning Ordinance" , adopted February 8, 1972, are hereby
amended by adding thereto the following subsections to read as follows:
Section 10.10
Boundaries of the C-2 Commercial District.
The boundaries of the C-2 Commercial District shall include t�:e
following described tracts and parcels of land:
1. The Northerly 420 feet of the Westerly 10 acres of t zit
part of the Northwest Quarter of the Northwest Quarter lying North of
the Northwesterly right-of-way line of the Chicago, Milwaukee, SL.,-?aul
& Pacific Railroad Company and South of the South line of County RGLd
No. 16, in Section 13, Township 116, Range 23 West, Carver County,
Minnesota.
Section 12. 12 Boundaries of the I-1 Industrial District.
The boundaries of the I-1 Industrial District shall include tr:.
following described tracts and parcels of land:
1. The Southerly 480 feet of the Westerly 10 acres of tr:at
part of the Northwest Quarter of the Northwest Quarter lying Norte of
Northwesterly right-of-way line of the Chicago, Milwaukee, St. Paul
& Pacific Railroad Company and South of the South line of County P13a"'
No. 16, in Section 13, Township 116, Range 23 West, Carver County,
Minnesota.
Section 19.18 Deposit for Costs.
Prior to consideration by the Council, Planning Commission,
any City official of an application for a variance, conditional use
rezoning, or any determination relevant to the administration, app.' .:
or enforcement of this ordinance, the Zoning Administrator r„ay requir..
applicant to deposit with the City funds estimated by tine Zoning
trator to be sufficient to defray all City expense in processing said
application, including, but without limitation to, City staff ad::inistrGc'_on
costs, and engineering, planning, legal, and soil consultants' fca;:, .-:y
balance of said deposit remaining after completion of proceedings cn
application shall be refunded to the applicant.
Z:7%1l (:"" nil rte'.. '-i�r._�'.U1%_=�.�1
Notwithstanding any provision of this ordinance to tre contra- ,-/,
notice of public hearings on rezoning and conditional use applicatic:.
shall be mailed at least ten (10) days before the day of any such, Nuri:
to each owner of affected property and property situated wholly or p�,: by
within 350 feet of the property to which the rezoning conditional use
application relates.
Section 23.06 Standards.
6. That the conditional use is compatible with the perry ittad
use authorized within the district.
Section 23.10 Voting Requirement.
A conditional use permit may be granted only upon the affir. ativ
vote of 4/5ths of the City Council.
SECTION 3. Ordinance No. 47 entitled, "The Chanhassen Zoning Ordinance",
adopted February 8, 1972, is hereby amended by adding thereto the following
section to read as follows: Section 13. Central Businass District.
Section 13.01
Objectives and Definition.
The Central Business District, hereinafter sometimes referred to as
"CBD", is that geographic area included in the Concept Plan for the C.-,:tra-
Business District, dated November, 1972, as approved by resolution of the
City Council on the 8th day of January , 19 73 . The objeciiv-:s
of the following regulations are:
1. To help assure that all uses, new development and construc-
tion, building and site rehabilitation, remodeling, property access, D4r'inC ,
and pedestrian circulation are in conformity to the Comprehensive vivacipc.
Plan and the Central Business District Concept Plan.
2. To help develop and maintain the Central Business District
as an economic, social, and physical asset to the entire City.
3. To recognize the unique and special problems of tt:3
Business District not common to new commercial areas.
4. To help coordinate all private and public development
activities in a manner consistent with the Concept Plan objectives.
5. To develop a uniform architectural theme of the styi-� Of a
Cs tip 1q... �_ .-. ,rt -.r Y'i l� �. rY + - ��'^� exter, -r-.tr Yiii1 c�j tb4�+1 �. Jr
ill F. _ u , .r o'v`-:i, a _.zing t'c a, �. e a _ ._,
that era, natural. woods and Earth tones.
Section 13.02
Uses.
Within the Central Business District, the use of buildings or
land shall be permitted only upon the securing of a conditional use
permit, including but without limitation to.the following:
1. All new construction,requiring a building permit and
exceeding $500.00 in value.'
2. All exterior rehabilitation of buildings except normal
maintenance.
3. All public improvements.
4. All site changes such as access drives, parking arrangements,
landscaping, and similar changes.
5. All signs.
6. Such other activities as determined by the Zoning Administrator
which may affect the Central Business District Concept Plan.
The following shall not require a Conditional Use Permit:
1. Interior remodeling except those requiring structural changes
and those involving a new entrance or exit for the building involved.
2. Activities which, as determined by the Zoning Administrator
have no significant effect upon the Central Business District Concent
objectives,
Sectionl3.03 Variances.
In the consideration of conditional use permit applications the
City Council may grant variances in the building setback, height,
sign, parking, yard, area, lot width and depth, and other regulations
of the Chanhassen Zoning and Subdivision Ordinances if such variances
are found to be consistent with the goals and objectives of the
Comprehensive Municipal Plan and the Central Business District
Concept Plan.
Section 13.04
Procedures.
Application for Conditional Use Permits required under Section 13.0
hereof shall be governed by the procedures of Section 23, Conditional
Use Permits, of this ordinance, except that no Public Hearing shall
be required unless ordered by the Zoning Administrator. Said applicati
shall include building plans accompanied by exterior elevations of
structures which adequately and accurately indicate the height, si::c,
bulk, design and appearance of all elevations. A description of the
construction and materials to be used therein, and a complete sire
F.%..= is � �: __7� _G. =..l l: %► '-� - off-street t'i".ti1:.. -,,Yvj , �,-,-; .ure- _ e-, �! C.
access drives and similar information shall 'be furnished. The
applicant's building plans, including the site plan, for any building,
structure, or work, the total cost of which shall exceed $20.,000.00
-4-
SHALL BE Certified by an engineer or an architect registered in the
State of Minnesota, stating that the design of the building and site
has been prepared -.under his direct supervision.
Section 13.05 Boundaries of the Central Business District.
In addition to those tracts and parcels of land as shown within
the boundaries of the Central Business District on that certain map
entitled, "Central Business District" dated February 15, 1973,
the boundaries of the Central Business District shall include the
following described tracts and parcels of land:
SECTION 4. Effective Date. This ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 4th day of February, 1974
all
MAYOR
ATTEST --
'LE LERKADMINISTRATQR
Public Hearings held December 19, 1972, March 13, 1973, and July 24, 197.:
Published in the CHASKA HERALD on the 7th day of February, 1974.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-B
AN ORDINANCE AMENDING SECTIONS 6.02 , 6.04 , 7.04 , 7.08 , 14.11 , 16.02 ,
and 4.02 OF THE CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Sections 6.02 , 6.04 , 7.04 , 7.08 , 14.11 , and 16.02 of Ordinance
No. 47, entitled "The Chanhassen Zoning Ordinance", adopted February 8, 1972,
as amended by Ordinance No. 47-A, adopted February 4, 1974, are hereby amend-
ed by adding thereto the following subsections to read as follows:
Section 6.02 Permitted Uses.
Within an R- lA Agricultural District, no building or land shall be used
except for one or more of the following uses:
3. The stabling of horses upon the issuance of a stable permit as
provided for by Ordinance No. 56.
Section 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:
9. Group day care of pre-school and school age children.
Section 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:
9. Group day care of pre-school and school age children.
10. The stabling of horses upon the issuance of a stable permit as
provided by Ordinance No. 56.
Section 7. 08 Boundaries of the R-1 Residence District.
The boundaries of the R-1 Residence District shall include the follow-
ing described tracts and parcels of land:
1. Outlots 1 and 2, Cedar Crest, Carver County, Minnesota.
Section 14.11
Boundaries of the P-1 Planned Residential Development
District.
The boundaries of the P-1 Planned Residential Development District
shall include the following described tracts and parcels of land:
r,
11 that part of the Northeast 4 of Section 35, Township 116, Range 23, Carver County,
innesota lying Northerly of the Northerly right of way line of the Chicago and Northwester
ailway Company and lying Westerly of the following described line: Beginning at the North
orner of said Northeast ;; thence North 86 degrees, 31 minutes, 31 seconds West, assumed
earing along the North line of said Northeast.; a distance of 645.83 feet to the actual po
f beginning of the line to be herein described; thence South 28 degrees, 33 minutes, 28
econds West a distance of 168.36 feet; thence South 12 degrees, 03 minutes, 28 seconds Wes
distance of 235.62 feet; thence South 34 degrees, 56 minutes, 32 seconds East a distance i
95.54 feet more.or less to its intersection with a line drawn parallel with and 330 feet WI
f the East line of said Northeast 4 as measured at right angles to said East line; thence
3utherly along said parallel line to the South line of said Northeast < of Section 35; als(
aat part of the Northwest I-, of. said Section 35 lying northerly of the Northerly right of wi
ine of said Chicago Northwestern Railway Company and lying Easterly of the centerline of
luff Creek Drive said centerline of 'Bluff 'Creek Drive described as follows: Beginning at 1
)rthwest corner of said Northwest 14; thence East along the North line thereof a distance of
)49.12 feet to the centerline of said Bluff Creek Drive, said point being the actual point
f beginning of the centerline to be herein described; thence deflecting to the right 39
>grees, 47 minutes, 44 seconds a distance of 157.83 feet.; thence on a tangential curve to
ie right, the radius of which is 654.4G feet, the central angle of which is 14 degrees, 48
inutes, 00 seconds, a distance of 169.05 feet; thence Southeasterly tangent to said curve
distance of 721.76 feet more or Iess.to the Northeasterly or most Northerly corner of Hess
luff Creek, according to the plat thereof on file and of record in the Office of the Regist
Deeds, in and for said Carver County, Minnesota; thence continuing Southeasterly along tt
rutheasterly extension of said last described course and along the Northeasterly boundary c
rid Hesse's Bluff Creek a distance of 343.24 feet; thence deflecting to the left 4 degrees,
i minutes along the Northeasterly boundary of Hesse's Bluff Creek a distance of 610.75 feet
rence on a tangential curve to the right, along the Northeasterly boundary of said Hesse's
uff Creek, the radius of which is 570.93 feet, the central ancle of which is 13 degrees,
minutes, a distance of 195.13 feet; thence Southeasterly tangent to said last described
rrve and along the Northeasterly boundary of said Hesse's Bluff creek a distance of 267.10
-et more or less to the Southeasterly ur most Easterly corner of -said Hesse's Bluff Creek;
once continuing Southeasterly along the Southeasterly extension of said last described coe.
the fiortherly right of way line of said Chicago and Northwestern Railway Company and ther
rminating; and that part of the Northwest ;,; of said Section 35, Township 116, Range 23 lyi
uthwesterly of the center line of said Bluff Creek Drive according to the description of
IWAI
id centerline described herein, and lying Northerly of the Northerly right of way line of
id Chicago and Northwestern Railway Company, excepting all that part of said Northwest
braced in the plat of Hesse's Bluff Creel;; also the Southeast of the Northeast I;, the
rtheast : of the Northeast : of Section 34, Township 116, Range 23, in said Carver County;
so that part of the Southeast i, of the Southeast 4 of Section 27, Toi-rnship 116, Ranae 23 it
id Carver County lying Southwesterly of the center line of said Bluff Creel, Drive, said
neer line described as follows: Beginning at the Northwest corner of said Southeast '-- of
L, Southeast a of said Section 27; thence on an assumed bearing of South 87 degrees. 52
nutes, 35 seconds East along the North line of said Southeast e of the Southeast 'a a distar
741.86 feet to the center line of said Bluff Creek Drive the actual point of beginning of
center line to be herein described; thence Southeasterly along a circular curve not
igent to said last described course, concave to the Southwest, the radius of which is 406.;
!t, the chord of which bears South 65 degrees, 40 minutes, 38 seconds East, the central anc
which is 3 degrees, 57 minutes, 16 seconds, a distance or 63. 9 feet; thence South 61 deer
minutes, 00 seconds East and tangent to said last described curve along the center line of
id Bluff Creek Drive a distance of 326.65 feet; thence on a tangential curve to the right,
)ng the center line of said Bluff Creel: Drive the radius of which is 605.38 feet, the centr
ale of which is 18 degrees, 04 minutes, 31 seconds a distance of 190.98 feet; thence South
degrees, 07 minutes, 29 seconds,''along the center line of said Bluff Creek Drive a distant
115.82 feet and there -terminating, except the following described tract;
►at part of said Southeast 1, of the Southeast Ia of Section 27 described as follows:
immencing at the Southeast corner of said Southeast 4 of the Southeast ; of Section 27;
fence North 0 degrees, 52 minutes, 31 seconds East along the East line of said Southeast
of the Southeast '_ a distance of 911.51 feet to.the actual point of beginning; thence
ntinue forth 0 degrees, 52 minutes, 31 seconds East along said East line of the Southeast
the Southeast )., a distance of 47.51 feet to the center line of said Bluff Creek Drive;
ence North 43 degrees, 07 minutes, 29 seconds West along the center line of said Bluff Cre
ive a distance of 102.71 feet; thence South 68 degrees, 32 minutes, 31 seconds West a dist
261.51 feet; thence South 24 degrees, 47 minutes, 29 seconds East a distance of '160 feet;
ence North 64 degrees, 16 minutes, 00 seconds East a distance of 272.84 feet more or less
e actual point of beginning; also that part of the Southwest of the Southwest of Secti
, Township 116, Range 23 in said Carver County described as follows: Commencing at the So
st corner of said Southwest ; of the Southwest a; thence North along the West line of said
uthwest ; of the Southwest J4 a distance of 440.71 feet; thence deflecting to the right 93
grees,21 minutes a distance of 151.56 feet; thence deflecting to the right 127 degrees, 3
nutes a distance of 105.40 feet; thence deflecting to the left, 61 degrees, 47 minutes a
stance of 353.00 feet more or less to a point on the South line of said Southwest ; of the
uthwest '; distant 220.00 feet East of said South,.•rest corner of the Southwest 'i of the Sout
st < of said Section 26; thence :-lest along -said South line 220.00 feet to the point of Be-
nning; also
at part of the Southwest '; of the Southwest 'a of Section 26, Towr;ship 116, Ranee 23 in sai
rver County, Minnesota, described as beginning at the Southwest corner of said Southwest �o
the Southwest I,,; thence North along the best line of said Southwest :` of the Southwest
stance of 440.71 feet to the actual point of beginning of the land to be herein described;
ence deflecting to the right 93 degrees, 21 minutes a distance of 151.56 feet: thence de-
ecting to the left 52 degrees, 23 minutes a distance of 260.70 feet more or less to the
nter line of Bluff Creek Drive; thence in a Northwesterly direction along the center line
said center line of Bluff Creek Drive to its intersection with the West line of said Souti
st ' of the Southwest ;.,; thence South along the West line thereof to the actual point of
.qinning. (Also known as "The Hesse Farm")
-3-
Section 16.02 Permitted Uses.
Within a P-3 Planned Community Developement District, no building
or land shall be used except for the following uses:
8. Medical and social services institutional uses.
SECTION 2. Section 4. 02 of Ordinance No. 47, entitled "The Chanhassen Zoning
Ordinance", adopted February 8, 1972, as amended by Ordinance 47-A, adopted
February 4, 1974, is hereby amended by adding an additional definition to read
as follows:
Section 4.02 Medical and Social Service Institutional Uses.
Medical and social service institutional uses are those utilized for
religious, medical, educational, specialized housing, philanthropic,
eleemosynary, fraternal, sorority, welfare, club, or lodge purposes.
Medical uses shall include those uses involving the dianosis , treatment
and care of human beings, including hospitals, medical and dental services
and clinics, nursing, convalescent, rest homes, sanitariums, and chemical
dependency centers r and shall also include veterinary clinics. Specialized
housing uses shall include housing for students, orphans, mentally ill,
infirm, elderly, physically or mentally handicapped, and similar housing
uses. Educational uses shall include public or private shcools providing
instruction to three or more students on the premises at any given time,
and shall include day nurseries .
SECTION 3. Effective Date: This ordinance shall become effective from and after
its passage and publication.
Passed by the Council this o,! day of ��u KC 1975.
ATTEST:
MAYOR
CLERK -ADMINISTRATOR
Public Hearings held July 24, 1974, August 28, 1974, January 29, 1975, March 12,
1975, and March 26, 197S.
n;?ol= =hid in. �rE'r C uoliltyr `,Ier?1Q t'lelam~ i i �.
-4-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-C
AN ORDINANCE AMENDING SECTIONS 11.04 and 11.07 OF THE CHANHASSEN ZONING
ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 11. 04 of Ordinance No. 47, entitled "The Chanhassen Zoning
Ordinance", adopted February 8, 1972, as amended heretofore by Ordinances No.
47-A and No. 47-B is hereby amended to read as follows:
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.
S. Passenger facilities for mass transit services.
6. The outdoor display of merchandise for retail sale provided said
merchandise is of the type customarily displayed outdoors , and
provided further that the said retail sale of said merchandise is
conducted in conjunction with a permitted use of the premises
or a conditional use of the premises.
SECTION 2. Subsection S of Section 11.07 of Ordinance No. 47, entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as amended hereto-
fore by Ordinances No. 47-A and No. 47-B is hereby amended to read as follows:
S. Storage:
a. Merchandise awaiting service or repair shall be stored within
an enclosed building or shielded from view at street levei by
a wall or fence not less than four feet nor gore tha?: s x t r'i
In 1�11t.
- I -
SECTION 3. Effective Date: This ordinance shall become effective from and
after its passage and publication.
Passed by the Council this 5th day of January, 1976.
ATTEST:, /1
CLERK -ADMINISTRATOR
Public Hearing held on December 10, 1975.
i Fl
Publish in Carver County Herald on the j-)ff, day of
- 2 -
MAYOR
.j
J()_h1 ' 1976.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-D
AN ORDINANCE AMENDING SECTION 13.05 OF THE CdANHASSEN ZONING
ORDINANCE.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 13. 05 of Ordinance No. 47, entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as amended
heretofore by Ordinance No. 47-A, No. 47-B, mdNo. 47-C is hereby amended
to read as follows:
Section 13.05 Boundaries of the Central Business District.
In addition to those tracts and parcels of land as shown
within the boundaries of the Central Business District on that
certain map entitleca . "Central Business District" , dated February
15 1973, the boundaries of the Central Business District shall
include the following described tracts and parcels of land:
Lots 1 and 2, Block 2 , Frontier Development Park,
according to the map or plat thereof on file and of
record in the office of the Carver County, Minnesota,
Register of Deeds .
Section 2. Effective Date.
This ordinance shall become effective from and after its
passage and publication.
Passed by the Council this 12th day of July 1976
7
Mayor /
Atte s t:
Clerk -Administrator
Public Hearing held on June 16, 1976.
Publish in Carver County Herald on �,7u1 29,_ 1976.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
ORDINANCE 47-E
AN ORDINANCE REPEALING ORDINANCE 47-D OF THE CHANHASSEN ZONING ORDINANCE;
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. REPEAL
Ordinance 47-D entitled "AN ORDINANCE AMENDING SECTION
13.05 OF THE CHANHASSEN ZONING ORDINANCE" is hereby repealed.
SECTION 2. Section 13.05 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as amended
heretofore by Ordinance No. 47-A, No. 47-B, No. 47-C, and No. 47-D is
hereby amended to read as follows:
Section 13.05 Boundaries of the Central Business District
In addition to those tracts and parcels of land as
shown within the boundaries of the Central Business District
on that certain map entitled "Central Business District",
dated February 15, 1973 the boundaries of the Central Business
District shall include the following described tracts and
parcels of land:
Lots 1 and 2, Block 1, Frontier Development Park,
according to the map or plat thereof on file and of
record in the office of the Carver County, Minnesota,
Register of Deeds.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed by the Council this13
day of July , 1976.
/MAYOR /
ATTEST:
i
Public Hearing meld, or, June 16, 1976.
Publish in Carver County Herald on July 29, 1976
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE
43
AN ORDINANCE AMENDING SECTIONS 4.02 AND 6.04 OF THE
CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. The definition "churches" as set forth in
Section 4.02 of Ordinance No. 47, entitled "The Chanhassen Zoning
Ordinance", adopted February 8, 1972, and as amended heretofore by
Ordinances No. 47-A, 47-B, 47-C, and 47-D, is hereby amended to read
as follows:
4.02 For the purposes of this ordinance, certain terms
and words are defined as follows:
Church: A building or edifice consecrated to religious
worship, where people join together in some form of public
worship under the aegis and direction of a person who is
authorized under the laws of the State of Minnesota to
solemnize marriages.
Camp meeting grounds, mikvahs, coffee houses, recreational
complexes, retreat houses, sleeping quarters for retreatants
during spiritual retreats extending for periods of more than
one day, Bible camps with live-in quarters, ritual slaughter
houses, radio or television towers and transmission facilities,
radio or television studios, recording studios, cemeteries,
theological seminaries, day care centers, hospitals, and
drug treatment centers are not churches.
A church as defined above may include living quarters for
persons employed on the premises of said church.
Section 2. Section 6.04 of said Ordinance 47, as adopted
and amended heretofore, is hereby amended by adding a paragraph numbered
9 reading a-- follows:
6.04 Uses by Conditional Use Permit:
9. Churches, but only if (a) the subject property lies
entirely within the metropolitan urban service area, as
defined from time to time by the Metropolitan Council of the
Twin Cities in its Development Guide, pursuant to Section 473.1
of Minnesota Statutes; and (b) the subject property abuts a
hard -surfaced street which is designated asa minor arterial
street or collector street on the City's Transportation Paan,
-a trJIi tE? "1Ta _ de_4`IiieJ in d i ,2 35 2 Subd. % .OS I11nneL Dia
Statutes, and (c) the subject property is designated as
residential on the city's Comprehensive Municipal Plan,
as that term is defined in §462.352, Subd. 5 of Minnesota
Statutes.
Section 3. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 3rd day of January, 1977.
Attest:
i
Donald W. Ashworth
City Clerk and Manager
Hon. Walter Hobbs, ayor
Public hearing held on September 20, 1976.
Publish in Carver Countv Herald on
KI
January 27,
. 1977
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MZNNE$OTA
ORDINANCE NO. 47G
AN ORDINANCE AMENDING SECTION 5.01 OF THE CHANHASSEN
ZONING ORDINANCE AND ADDING SECTION 7A THERETO.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 5.01 of Ordinance No. 47 entitled "The Chanhassen_
Zoning Ordinance" adopted February 8, 1972 and as. heretofore amended
by Ordinances No. 47A, 47B, 47C, 47D, and 47E, is hgreby amended to
read as follows:
Sec. 5.01 Zoning Districts. For the purposes of this
ordinance, the City of Chanhassen is hereby divided into
classes of zoning districts which are hereby designated
as follows:
RESIDENTIAL DISTRICTS:
R-lA Agricultural residence district
R-1 Single family residence district
R -1B 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 AND WATER COURSE DISTRICTS:
F-1 Flood plain and water course district.
Section 2. Ordinance No. 47 entitled "The Chanhassen Zoning Ordinance"
as amended heretofore, is hereby amended by adding thereto the
following:
. U .
Section 6A R -1B Single Family Residence District.
6A.01. Purpose. The Council of the City of Chanhassen has taken -
recognition of deficiencies as measured under' -the present day Stan-:.
dards of the current Chanhassen Subdivision and.Zoning Ordinances ip.
the platting of certain land parcels which lie within platted sub-
divisions,.which subdivisions have been partially developed under .
prior less than adequate standards, and which lie within the former.-'
Chanhassen Township areas, which became a part of the present City
of Chanhassen at the time of the Chanhassen Township -Village merger
in 1967. These platting deficiencies render it impossible for cer-•
tain of the lots within said plats to meet the minimum yard,'area,
and lot width and depth regulations of the current subdivision and
zoning ordinances, with the consequence that the owners thereof maX-
suffer the loss of inherent property rights.
The Council of the City of Chanhassen therefore declares that for the
preservation of property rights within said deficiently platted sub-
divisions,and in order to provide for the orderly development thereof
it is necessary that regulations and standards as described., by this
Section 6A, R -1B Single Family Residence.District, be enacted to
govern the development of said areas.,
It is the declared intent of the Council of the City of Chanhassen th
the within Section 6A, R -1B Single Family Residence District, shall b
applicable only to plats of record prior to 1967 in the office of the
Carver County Recorder or Registrar of Titles which are served by the
sanitary sewer system of the City, and in which the platted lots do
not meet the standards of the current subdivision and zoning ordinanc
6A.02 Permitted Uses. Within an R -1B Residence District, no buildin
or land shall be used except for the following use: single family
dwellings.
6A.03 Accessory Uses. Within an R -1B 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.
6A.04 Uses by Conditional Use Permit. Within an R -JB Residence
District, the following uses may be allowed but only upon the securin+
of a Conditional Use Permit:
1. Parks and recreational areas owned and operated by
governmental units and recreational areas operated by
residential neighborhood associations.
2. "on- C?ii,` ci.tiGC?.5 h?�,;_11C7 a_".'f'r���`e ar �(;';:lr�' `t i1Gzi• _,r�CT Fiji.
j
by t; -de Stdtti; of Minnesota..
3, �Goverrunent owned and operated civic and cultural institutio.
including, but not limited to, administrative offices,
libraries, public safetybuildings, and places of -assembly.
the land referred to in the application for the variance.
b. That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
C. That the granting of the application will not be
materially detrimental to the public welfare or injurious
to property in the area adjacent to the property for
which the variance is sought.
d. That the grant of the variance does not adversely affect
the purpose and intent of this ordinance.
e. That the granting of the variance will not be materially
detrimental to the implementation and effectuation of the
above described Chanhassen Downtown Redevelopment Project
and Tax Increment Financing Plan.
Section 4. Variance Procedure.
Written application for a variance shall be filed with the City,
and shall state fully all facts relied upon by the applicant. The
application shall be supplemented with maps, soil studies, and
engineering data which may aid in an analysis of the matter. The
application may be referred to the City Engineers, City Planners,
and City Building Inspector for their study, recommendation and
report to the City Council, and the cost of any such referral and
all other City Administrative expense shall be borne by the applicant.
Council Action. No variance shall be granted by the City Council
unless it shall have received the affirmative vote of at least four-
fifths of the full Council.
Section 5. 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 not to exceed Five Hundred
Dollars ($500.00), imprisonment for not exceed ninty (90) days, or both
In the event any building or stucture 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 of
occupation of any such building or structure.
Section 6. Effective Date.
This Ordinance shall take effect from and after its passage and
publication and shall remain in force until the date of the adoption
of the ordinance contemplated hereunder or October 12 1980
Passed by the Council this 14th day of April—_1980
Attest".-(
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47K 6
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CONSTRUCTION OR DEVELOPMENT IN AREAS INFLUENCING
THE CHANHASSEN'HOUSING AND REDEVELOPMENT
AUTHORITY'S DOWNTOWN REDEVELOPMENT PROJECT AREA
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
implement and facilitate the effectuation of the
Chanhassen Downtown Redevelopment Project and the Tax
Increment Financing Plan which were adopted by the City
Council of this City by that certain formal resolution
dated December 19, 1977; and
3. Allowing a reasonable time to develop and adopt an
ordinance and official controls which will guide, in a
manner consistent with the Chanhassen Downtown Redevelop-
ment Plan, the development of commercial uses in areas
of this City which exert a commercial influence on lands
within the Chanhassen Downtown Redevelopment Project Area.
4. Protecting the planning processes of the City of Chanhassen
and its citizens; and
5. Protecting rights in property created prior to the
date of the enactment of this ordinance.
Section 2. Moratorium.
Prohibition. Pending the adoption of the aforesaid ordinance and
official controls, no building permit.shall be issued for the
construction, remodeling, alteration, erection or moving of any
building on any tract of land within the area which is more
particularly described on Exhibit "A" attached hereto and made a
part hereof.
Section 3. Variances.
The City Council may grant a variance from the requirements of
Section 2 as to specific tracts of land v hore it is shown and the
C y L_4 U n,C Z:1d: ` in e IF L low i1_a_s .
s a. That there are special circumstances or conditions affecting
t 1 Aicl HI hwoy Ho 17 and lying northerly of thf,
, ,kj, ,, u, %Yuy um, of t.oum y 5 a c g
northerly right of way line of County State Aid t fighwoy No. 16.
and
That part of the Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southwest Ounrier, oil in Section 12, Township 116, Range 231
Carver County, Minnesota, described as follows:
Beginning of the intersection of the east line of said Southeast Quarter of the
Southwest Quarter and thw
e north right of ay line of County State Aid
Highway No. 16; thence northerly along soil r ost line to on intersection with
the southeasterly extension of the northeasterly line of Block 4, IIIGHLAt\1D
PARK: thence northwesterly along said extciv ion and line to the west line of
said Block 4; thence southerly along said wc%t line and its extension to a line
parallel with and 2133 feet northerly from the south line of said Southeast
Quarter of the Southwest Quarter; thence westerly niong said parallel line to
the west line of said Southeast Quarter of tho, Southwest Quarter; thence
northerly along last said west lige to the north line of the south 295 feet of
the said Southwest Quarter of the Southwest Otiorter; thence westerly along
lost said north line to the west line of the east 433 feet of said South%vest
Quarter of the Southwest Quarter; thence northerly along last said west line
to the south line of the North 864.98 feet of soid Southwest Quarter of the
Sovihwest Quarter; thence westerly along lost soi.d south line to the west line
of the cast 990 feet of said Southwest Quarter of the Southwest Quarter;
thence northerly along lost said west line to the north line of said Southwest
Quarter of the Southwest Quarter; thence westerly along lost said north line
to fhc west line of said Southwest of the Southwest Ouorter; thence southerly
along last said west line to said northerly right of way line of County State
Aid Highway No. 16; thence easterly along said northerly right of way line to
the pont of beginning.
ond
That part of the Northeast Quorter of the Northeast Quarter, tic Northwest
Quarter of the Northeast Quarter, Ilw Horihc•ust Qunrter of the Northwest
Quarter, t lic Nor t hwvNt Quar t cr of thl.- Nor t hw(--%I Winter and the Southwest
Quarter of the Northwest Quarter, all in Soctian 13, Township 116, Range 23,
C.urver County, Minnesolo, described (►s follows:
Beginning at the intersection of the west line of said Northwest Quarter of
the Northwest Quortcr and the sooili right of \voy line of County State Aid
Highwny No. 16; thence easterly nionri ,md sovih right of way line to the
northerly right of way line of State iii Ihv-,uy Ho. 5; thence southwesterly
along s(aid northerly right of tvay lin! to the south tine of said Northeast
Quarter of thcr Northwest Qucirter; thenc(- along said south line to
the cast line of the NW 1/4 of tlu: I lot Ilvvest Quarter; thence southerly
along said ensf line to the northerly right of %vny line of said State Highway
No. 5; thence westerly along sold northerly line to the wast line .of said
Northwest Quarter of the Northwest (warter; thence northerly along said
west line to the point of beginning.
and
That part of the Hortheast Quarter of the Northeast (quarter of Section 14;
Township 116, f1cmic 2:3. Corvt'r Cofnliy,
IiC! 1'':� -." , , j ;. C�1 'y[:11 !ni' u� .?, 4 fl(�:.',4'i�j !4(). i (:fl(1 Qi/il:t'riy of i'he .iouth right
of way line of County State Aid Highway No. 16.
All in the City of Chanhassen, State of Minnezolc► (herein called the "Locality");
EXHIBIT A
d. That the grant of the variance does not adversely affect
the purpose and intent of this ordinance.
e. That the granting of the variance will not be materially
detrimental to the implementation and effectuation of the
above described Chanhassen Downtown Redevelopment Project
and Tax Increment Financing Plan.
Section 4. Variance Procedure.
Written application for a variance shall be filed with the City, and
shall state fully all facts relied upon by the applicant. The appli-
cation shall be supplemented with maps, soil studies, and engineering
data which may aid in an analysis of the matter. The application may
be referred to the City Engineers, City Planners, and City Building
Inspector for their study, recommendation and report to the City
Council, and the cost of any such referral and all other City
Administrative expense shall be borne by.the applicant.
Council Action. No variance shall be granted by the City
Council unless it shall have received the affirmative vote of at least
four-fifths of the full Council.
Section 5. Penalty.
Any person, firm or corporation violating the provisions of this
Ordinance shall be guilty of a misdemeanor and, upon conviction there-
of, shall be punished by a fine of not to exceed Five Hundred Dollars -
($500.00), imprisonment for not to exceed ninety (90) days, or both.
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 occu-
pation of any such building or structure.
Section 6. 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 February 12, 1980, which-
ever date occurs first. _11
Passed by the Council this 15th day of ,October 19'&9.
ATTEST:
/ \.
City Clerk/Manager
Walter Hobbs,\Mayor
Publish in Carver Countv Herald on .October 31,
-2-
1979.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K-4
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CONSTRUCTION'OR DEVELOPMENT WITHIN THE CHANHASSEN
HOUSING AND REDEVELOPMENT AUTHORITY'S DOWNTOWN
REDEVELOPMENT PROJECT AREA.
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 im-
plement and facilitate the effectuation of the Chanhassen
Downtown Redevelopment Project and the Tax Increment
Financing Plan which were adopted by the City Council of
this City by that certain formal resolution dated
December 19, 1977; and
3. Protecting the planning processes of the City of Chanhassen
and its citizens; and
4. Protecting rights in property created prior to the date
of the enactment of this ordinance.
Section 2. Moratorium.
Prohibition. Pending the adoption of the aforesaid ordinance and
official controls, no building permit shall be issued for the con-
struction, remodeling, alteration, erection or moving of any building
on any tract of land within the -limits of the Downtown Redevelopment
Project area which is more particularly described on Exhibit "A"
attached hereto and made a part hereof.
Section 3. Variances.
The City Council may grant a variance from the requirements of Section
2 as to specific tracts of land where it is shown and the City Council
finds the following facts:
a. That there are special circumstances or conditions affecting
the land referred to in the application for the variance.
b. That the granting of the variance is necessary for the pre-
servation and enjoyment of substantial property .rights.
C. That the granting of the application will not be materially
detrimental to the public welfare or injurious to property
in the area adjacent to the property for which the variance
is sought.
_1 -
............ , ymg cal_—;rt y of file easterly
right of way line of County State Aid Highway Ilo. 17 and lying northerly of the
northerly right of way line of County State Aid Highway Ho. 16.
and
That part of the Southeast Quarter of file Southwest Quarter and the Southwest
Quarter of the Southwest Quarter, all in Section 12, Township 116, Range 23,
Carver County, Minnesota, described as follows:
Beginning at the intersection of the cast line of said Southeast Quarter of the
Southwest Quarter and the'north right of way line of County State Aid
Highway No. 16; thence northerly along said enst line to on intersection with
the southeasterly extension of the northeasterly line of Block 4, HIGHLAND
PARK: thence northwesterly along said extension and line to the west line of
said Block 4; thence southerly along said west line and its extension to a line
parallel with and 2£33 feet northerly from► file south line of said Southeast
Quarter of the Southwest Quarter; thence westerly along said parallel line to
the west line of said Southeast Quarter of the Soullwiest Quarter; thence
northerly along last said west line to the north line of the south 295 feet of
the said Southwest Quarter of the Southwest Quarter; thence westerly along
last said north line to the west line of file cost 433 feet of said Southwest
Quarter of the Southwest Quarter; thence northerly along lost said west line
to the south line of the North 864.98 feet of said Southwest Quarter of the
Southwest Quarter; thence westerly along last said south line to the west line
of the cost 990 feet of said Southwest Quarter of the Southwest Quarter;
thence northerly along last said west line to file north line of said Southwest
Quarter of the Southwest Quarter; thence westerly along last said north line,
to file west Linc of said Southwest of the Southwest Quarter; thence southerly
along last said west line to said northerly right of way line of County State
Aid Highway No. 16; thence easterly along said northerly right of way line to
the point of beginning.
and
That part of the Northeast Quarter of the hbrlhenst Quarter, the Northwest
Quarter of the Northeast Quarter, the Harllwost Qunrter of the Northwest
Quarter, the Northwest C)►mrtur of lhc� Norihwrsl Quarter and the Southwest
Quarter of the Northwest Quarter, all in Svc -tion 13, Township 116, Range 23,
Carver County, Minnesota, described cls follows:
Beginning at the intersection of file west line of said Northwest Quarter of
the Northwest Quorter and the south rictht of way line of County State Aid
Highway No. 16; thence easterly alone; smd south right of way line to the
northerly right of way line of State tiiglr.-!uy Ho. 5; thence southwesterly
along said northerly right of way line to file south line of said Northeast
Quarter of the Northwest Quarter; thc.nc.<- welfrrrly along said south line to
the cost line of the NW 1/4 of the 11orthwest Quarter; thence southerly
along said cast line to the northerly right of way line of said State Highway
No. 5; thence westerly along said norlhcrly line to file west line of said
Northwest Quarter of the Northwnst QunrIcr; thence northerly along said
west line to the point of beginning.
and
That part of the Northeast Quarter of the Northenst Quarter of Section iII,
Township 116, Ranee 23; Carver (lot rni;y, ,,iri:;e so:o, iy:n l nc-, thcri- .f thie
E��er? :1 Ix 1 Eghf :i vvox ;►ne of S!,—.t(_' i�ICJ�I:�(�'y Ho. -1 and southerly of the south right
of way line of County State Aid Highway No. 16.
All in the City of Chanhassen, State of Minnesota (herein called the "Locality");
- EXIiISIT A
described Chanhassen Downtown Redevelopment Project and Tax
Increment Financing Plan.
Section 4. Variance Procedure.
Written application for a variance shall be filed with the City, and
shall state fully all facts relied upon by the applicant. The
application shall be supplemented with maps, soil studies, and
engineering data which may, aid in an analysis of the matter. The
application may be referred to the City Engineers, City Planners, and
City Building Inspector for their study, recommendation and report
to the City Council, and the cost of any such referral and all other
City Administrative expense shall be borne by the applicant.
Council Action. No variance shall be granted by the City Council
unless it shall have received the affirmative vote of at least
four-fifths of the full Council.
Section 5. 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 Five hundred dollars
($500.00), imprisonment for not to exceed ninety (90) days, or both.
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 6. Effective Date.
This Ordinance shall take effect from and after its passage and
publication, and shall remain in force until the date of the
adoption of the Ordinance contemplated hereunder or July 31, 1979,
whichever date occurs first.
Passed by the Council this 22nd day--bf, January, 1979.
ATTEST:r)
\
f' 1! Walter Hobbs, May r�
City Clerk/Manager
Publish in Carver County Herald on Feb. 7 1 1979.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K-3
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CONSTRUCTION OR DEVELOPMENT WITHIN THE CHANHASSEN
HOUSING AND REDEVELOPMENT AUTHORITY'S DOWNTOWN
REDEVELOPMENT PROJECT AREA.
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 im-
plement and facilitate the effectuation of the Chanhassen
Downtown Redevelopment Project and the Tax Increment
Financing Plan which were adopted by the City Council of this
City by that certain formal resolution dated December 19,
1977; and
3. Protecting the planning processes of the City of Chan-
hassen and its citizens; and
4. Protecting rights in property created prior to the date
of the enactment of this ordinance.
Section 2. Moratorium.
Prohibition. Pending the adoption of the aforesaid ordinance and
official controls, no building permit shall be issued for the construc-
tion, remodeling, alteration, erection or moving of any building on
any tract of land within the limits of the Downtown Redevelopment
Project area -which is more particularly described on Exhibit "A" attache(
hereto and made a part hereof.
Section 3. Variances.
The City Council may grant a variance from the requirements of Section
2 as to specific tracts of land where it is shown and the City Council
finds the following facts:
a. That there are special circumstances or conditions affecting
the land referred to in the application for the variance.
b. That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
C. That the granting of the application will not be materially
detrimental to the public welfare or injurious to property in the
area adjacent to the property for which the variance is sought.
d,. That the grant nf Zr,_4.ance d_,es not' adv-er e-ILY aF*
Lhe purpo-se and i. -tent o:` tnis oi-dinance.
e. That the granting of the variance will not be materially
detrimental to the implementation and effectuation of the above
-1-
rticrrlclosoln, lying easterly of the eosterly
right of vvuy ,fine of County Stuie Aid Highway Ho. 17 and lying northerly of the
northerly right of woy tine of County 'State Aid I tighvvoy No. 16.
and
That Dort of Ow Southeast Oucrr ter of the South-:ve-st Ouorier and the Southwest
auurtc:r of Ili(! South:veNI Oucrrter, all in Section 12., Township 116, Range 23,
Carver County, Minnesota, described as follows:
f3eginning of tho itilers1•ction of the: cast line: of said Southeast Quarter of the
Southwest Ouorlc:r and Ilc north right of xray line of County State Aid
1`Iightvoy No. 16; thence northerly olong solid dost line to on intersection with
the sovilic:a5ferly extension of the northeasterly line of Block It, HIGHLAND
PARK: thence northwcafcrly along said exk2ntion and line to the west line of
said 131ock tt; thence: southerly along said lvest tine: and its extension to a tine
parallel will .and 283 fret northerly from til;: south line of said Southeast
Qucrrler of the: Soutivresf Qucirter; iherlcc: wc-sterly along said parallel line to
the- west Jine of strict So,)thc:asl (.1uu'te•r of tho Southwest Quarter; thence
northerly olor,g Iml soil west tiny, to the north line of the south 295 feet of
the said Southwest (;ucrt ter of lhc• Soullnvest Quarter; thence westerly olong
lust said norlh lined to the west lint of Ific: (cost 433 feet of said Southwest
Quor to of tic• Soutiv.cst Guar tvr; Ihc-nce northerly along lost said west line
to ihc: south line• of they North 8611.9£3 feet of said Southwest Quarter of the
5oullrhveSt Chrcu ter; ilencr• westerly olong I.1 st scud south line to the west line
of the cult 190 feet of :.oid Southwest Ouortt:r of the Southwest Quarter;
Ihe:rrce nortfwrly illonct !.1st said %vest !incl to the north fine of said Southwest
Quarter of the Oum ter; thence westerly along last said north line
to the wcst lint, of s(Ild 'Southwest of the Soutllvwsl Quorter; thence southerly
ofuny last said west iine to said northerly ricltlt of way line of County State
Aid I iigliv-my Ho. 16; flicoce: eosfvf ly along said northerly right.of way line to
Ile point of beoirming. and .
Ttur1 p(1rI of 111(•
Hot thc•cr:•t (((alter of " Ow i or lilt:ntt-0uurter,
t1u:
Northwest
(IUar Ic•r of Ow
i !of 111.-c„t 011ortcr, the: f or Ilww;t
Ounrler of
the
Northwest
OU(Irtcrr, ih IluriJn;<
s1 (:culrI(: Of thi: Mc,rticve•5t
C-htclrtcr and
the
Southvrest
(Jucrrte:r of the•
I !of I11v.,,-%1 (h►nrIvI., tell in S(•c titin
131 'Cow) -ship
116,
Range 23,
(:on'c'e County,
UJI.rlt-:.ole,, ctc'::r r ibcd c,:: frltluv: ,:
f3c ginrrinrl .1t the 111ters,•c-lion of t1 e. west line of said Nortllt:rc•st Ounrter of
lhe� J1urt11:vcr:.1 th,nr;c•r (111.1 Ow ;cloth ri(lht of wo)' line of C.ouuly State Aid -
1 iigll;vcly Ho. IG; ih( lwc: e:a:.lerly ciloorl inlet :;oulh ri( lit of way lint' to the
nol-11 •rly ricJ!11 of t:c11 liar of Stntc I ligl,v:.,y 5; thence southwesterly
olong suicJ nvrt lv r l y r ic-;h1 of %voy line lu ttic: south tinr' of said Northeast
Umn fur of Ilic Hai Gijorler; theme(: we.s1(�rly olong said south line to
file ew'I line of the NW .1/4 of the t•lnrthwcst (;uorter; thence southerly
oloncl said lirlc• to the notlherly right of way liar: of said State Highway
No. S; the:nc e t:c stc:rly tilting soid northerly line to the west line of said
Norlimusl 0c,arte•r of Ile Horlliwest C:unrtcr; thence northerly along said
wc:.t line to Ifiv paint of beginnincJ.
and
Ila! 1)(?r t of Ow i'l v i lluEls! Ootir i:`•r of
Y ; r
3 ,•'11;> rt, i�;1 igi t3, 1.t1;'Je'r V.(:J1liy,- iv`1icUiCSC', lying northerly of the
northerly ri(Jllt of tvuy 1111'. of Sinfc I I1ghwt,y Nr). 5 and southc-rly of the south right
of vvay lint: of County Mole Aid 1 lighwuy No. 16.
All in !!cc• City of Chn,lho»cn, aloft of Minncsoto-(1— - •.c.--- -
C. That the granting of the application will not be
materially detrimental to the public welfare or
injurious to property in the area adjacent to the
property for which the variance is sought.
d. That the grant of the variance does not adversely
affect the purpose and intent of this ordinance.
e. That the granting of the variance will not be
materially detrimental to the implementation and
effectuation of the above described Chanhassen
Downtown Redevelopment Project and Tax Increment
Financing Plan.
Variance Procedure. Written application for a variance
shall be filed with the City, an shall state fully all facts relied
soil studies, and engineering data which may aid in an analysis of the
matter. The application may be referred to the City Engineers, City
Planners and City Building Inspector for their study, recommendatian
and report to the City Council, and the cost of any such referral and
all other City Administrative expense shall be borne by the applicant.
Council Action. No variance shall be granted by the
City Council, unless it s a ave received the affirmative vote of at
least four-fifths of the full Council.
Section 4. 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 Five hundred
dollars ($500.00), imprisonment for not to exceed ninety (90) days,
or both.
In the event any building or structure is constructed,
erected, or moved in violation of this Ordinance, the Zoning Admini-
strator 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 5. Effective Date.
This Ordinance shall take effect from and after its
passage and publication, and shall remain in force until the date of
the adoption -of the Ordinance contemplated hereunder of December 31,
1978, whichever date occurs first.
Passed by the Council this 19th day of Jund, 1978.
ATTEST:: f
City Manager/City Clerk
ayor
Published in Carver County Herald on June 28 197
City Manager/City Clerk
ayor
Published in Carver County Herald on June 28 197
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-K
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CONSTRUCTION OR DEVELOP-
MENT WITHIN THE CHANHASSEN HOUSING AND RED EVELOPPA.ENT AUTHORITY'S
DOWNTOWN REDEVELOPMENT PROJECT AREA.
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 anO other official controls which
implement and facilitate the effectuation of the Chan-
hassen Downtown Redevelopment Project and the Tax Increment
Financing Plan which were adopted by the City Council
of this City by that certain formal resolution dated
December 19, 1977;' and
3. Protecting the planning _processes of the City of Chanhassen
and its citizens; and
4. Protecting rights in property created prior to the date
of the enactment of this ordinance.
Section 2. Moratorium.
Prohibition. Pending the adoption of the aforesaid ordi-
nance and official controls, no building permit shall be issued for
the construction, remodeling, alteration, erection or moving of any
building on any tract of land within the limits of the Downtown
Redevelopment Project area which is more particularly described on
Exhibit "A" attached hereto and made a part hereof.
Variances. The City Council may grant a variance from
the recuirements of Section 2 as to specific tracts of land where
it is shown and the City Council finds the following facts:
a. That there are special circumstances or conditions
affecting the land referred to in the application
for the variance.
b. That the granting of the variance is necessary for
the preservation and enjoyment of substantial property
rights.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-J
AMENDING SECTION 19.15, ZONING LOT LIMITATION, OF THE
CHANHASSEN ZONING ORDINANCE BY ADDING THERETO SUB-
SECTION 2.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 19.15, Zoning Lot Limitation, of Ordinance
No. 47 entitled -"The Chanhassen Zoning Ordinance;" adopted
February 8, 1972, is hereby amended by adding thereto the
following subsection to read as follows:
2. A platted lot of record in the office of the
County Recorder or Registrar of Titles of Carver
County on February 8, 1972, which lies within an
R-1 or R-2 residential zoning district, shall be
deemed a buildable lot for single family residential
purposes, if said lot meets the following standards:
a. Said lot is served by municipal sanitary sewer
and has been assessed therefor.
b. If said lot does not meet the lot area and lot
width and depth regulations for the residential
zoning district in which it is located, said lot
may nevertheless be utilized for single family
residential purposes, provided the area, width
and depth of said lot are all within 50% of the
requirements of the zoning district in which said
lot is located, and said lot is served by municipal
sewer and has been assessed therefor.
C. Nothing herein contained shall be construed to
allow the division of a platted lot into two or more
dwelling sites; nor to allow the consolidation of
two or more adjoining platted lots into one single
family residential building site, if the effect of
said consolidation shall be the loss to the city of
sanitary sewer or water trunk or lateral special
assessments.
Section 2. Effective Date. This ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 19th day of -december, 1977.
l r MAYOR
City Clerk Manager
Public hearing held October 12, 1977.
Published in Carver County Herald on the 4th Gay of January 1978 .
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-I
AN ORDINANCE REPEALING SUBSECTION NO. 1, NOISE, OF
SECTION 12.07, PERFORMANCE STANDARDS, OF THE CHAN-
HASSEN ZONING ORDINANCE AND ADDING THERETO SECTION
19.20, NOISE STANDARDS.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Subsection No. 1, Noise, of Section 12.07, Perfor-
mance Standards, of Ordinance 47 entitled, "The Chanhassen Zoning
Ordinance," adopted February 8, 1972, is hereby repealed.
Section 2. Section 19 of Ordinance No. 47 entitled, "The Chan-
hassen Zoning Ordinance," adopted February 8, 1972, is hereby amended
by adding thereto the following subsection to read as follows:
19.20. Noise Standards.
a. Incorporation by Reference.
A certain document, a copy of which is on file in the
office of the City Clerk, marked "Official Copy, City of
Chanhassen" and designated as Noise Pollution Control
Section, NPC 1 (Definitions, Severability and Variances
for Noise Pollution Control Regulations) and NPC 2 (Noise
Standards), adopted by the Minnesota Pollution Control
Agency and filed with the Secretary of State and Commis-
sioner of Administration on November 27, 1974, and all
rules, regulations and standards amendatory thereof or
supplementary thereto are hereby adopted for the purpose
of establishing the rules, regulations and noise standards
governing the limiting levels of sound established on the
basis of present knowledge for the preservation of public
health and welfare.
Said rules, regulations and standards shall be applicable
to all zoning districts within the City of Chanhassen,
including all public bodies of water which lie wholly or
partially therein; and all of said rules, regulations and
standards are hereby referred to, adopted, incorporated
by reference, and made a part hereof as though fully set
forth in this ordinance.
Section 3. Effective Date. This ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 5th day of December 1977.
ATTES!
,=.�:_' _.:�-�-%:_..,.�>,r• mak=•._—;_�5�. ��.�:��'.,, `+- ��
City Clerk/Manager MAYOR
Public hearing held September 14, 1977.
A
Published in Carver County Herald on the 4th day of .a-uary 1978.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-H
AN ORDINANCE AMENDING SECTION 7 OF THE CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 7 of Ordinance No. 47, entitled "The Chanhassen
Zonina Ordinance", adopted February 8, 1972, and as amended heretofore
by Ordinances No. 47-A, 47-B, 47-C, 47-D, 47 -E,47 -F, and 47-G is hereby
further amender, to read a.. :�,e►llows
Section 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:
1. Outlots 1 and 2, Cedar Crest, Carver County, Minnesota.
2. Tract B, Registered Land Survey No. 14, files of Registrar
of Titles, Carver .County, Minnesota, EXCEPT: That part of
Tract B, Registered Land Survey No. 14, Carver County, Minne-
sota on file and of record in the office of the Registrar of
Titles lying southerly and westerly of the following described
line: Commencing at the Northwest corner of Tract A,
Registered Land Survey No. 13, Carver County, Minnesota, on
file and of record in the office of the Registrar of Titles;
thence North 70 degrees 54 minutes East along the Northerly
line of said Registered Land Survey No. 18, a distance of 469.E
feet to the Northeast corner of said Registered Land Survey
No. 18, which point is the actual point of beginning of the
line to be described, and which point is on the center line of
Lake Street, as now laid out and traveled; thence Southeaster-'%
along the center line of said Lake Street on a curve having a
radius of 345.76 feet, and a delta angle of 18 degrees 13 minut
41 seconds and a distance of 110.0 feet (said curve having a
chord of 109.53 feet and a chord bearing,of South 39 degrees
14 minutes 30 seconds East); thence South 2 degrees 14 minutes
30 seconds East on a straight line to the Northerly Shore line
of Long Lake and there terminating.
Section 2. Effective Date: This ordinance shall become effective from
and after its passage and publication.
Passed by the Council this 6th day of 2:e, 1977.
ATTEST: �\
DR
i f f1
City Clerk/Manager
Public Hearing held May 11, 1977
Publish in Carver County Herald on June 16 11 1977.
6A.07 General Regulations.
1. Additional regulations in the R -1B Residence District -are
set forth in Section 19.
6A.08 Boundaries of the R -IB Residence District. The boundaries
of the R -IB Residence District shaIl include the following described
tracts and parcels of land:
Section 3. Effective Date. This ordinance shall become effective
from and after its passage and publication. .
Passed by the Council this 4 day of April 1977
Mayor
Attest:
City Clerk -
Public
erk
Public hearings held January 24, 1977 _
Publish in Carver County Herald on April 14 1977.
4, Golf courses, but not including driving'tees, ranges, or..
miniature golf courses operated for commercial purposes
5. Churches.
6. Living quarters 'for persons employed on the premises of the'
permitted use.
7. Greenhouses, tool houses and similar structures accessory
to a private residential use.
8. Amateur radio transmission antennas.
6A.05 Height, Yard, Area and Lot Width and Depth Regulations.
1.
Height Regulations.
a.
No single family
dwelling
shall exceed two
and ane -half
(2-1/2) stories.
2.
Front
Yard Regulations.
a.
There shall be a
front
yard having a -depth
of not less_
than twenty (20)
feet..
3.
Side
Yard Regulations.
a_
There shall be a
side
yard having a depth
of not less
than seven (7) feet.
4.
Rear
Yard Regulations.
a.
There shall be a
rear
yard having a depth
of not less
than twenty (20)
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 ling.
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 10,000 square feet, Section 8.06(a)(1) of the
Subdivision Ordinance of the City of Chanhassen not-
withstanding.
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 sixty (60) feet at the building setback line.
6A.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.
-3-
Exhibit A
Outlot 2, Chanhassen Estates, Carver County, Minnesota,
and
The North 1/2 of the North West 1/4 of Section 18,
Township 116 N, Range 22 W of the 5th Principal Meridian,
Hennepin County, Minnesota
and
That Part of the Southwest Quarter of Section 7,
Township 116, Range 22, Hennepin County Minnesota, lying
Southerly of the right-of-way of the Chicago, Milwaukee,
and St. Paul Railway
and
That Part of the Southeast quarter of Section 12, Township 116,
Range 23, Carver County, Minnesota, lying southerly of the
right-of-way of the Chicago, Milwaukee, and St. Paul Railway.
CITY OF CHANHASSEN.
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-K-7
AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING THE CONSTRUCTION OF FAST
FOOD RESTAURANTS WITHIN CERTAIN AREAS
OF THE CITY
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. Protecting the planning processes of the City
of Chanhassen and its citizens, and
3. Allowing a reasonable time for this City to
develop and adopt an ordinance and other official controls
which:
a. will ameliorate the negative aspects (including
without limitation, noise,glare, and litter)
often associated with the construction of "fast
food" restaurants in areas which abut residential
development, and
b. will channel high traffic generating consumer
oriented businesses into the Chanhassen Downtown
Redevelopment Project Area, including both the
central business district and Chanhassen Lakes
Business Park, and
C. will temporarily delay development of additional
high traffic generating uses until such time as
the pending traffic improvements, contemplated
by the plan for Chanhassen Tax Increment District
No. 2, can be completed in an orderly manner, and
d. will avoid the overloading of the Dakota Avenue/
S.T. Highway 5 intersection which is expected
to occur if additional high traffic generating
uses are developed along the southerly frontage
road (aka Lake Drive East) to S.T. Highway 5.
This ordinance is limited. to "fast food restaurants"
because the Council believes that its power to adopt moratorium
ordinances or so-called interim ordinances should be exercised
with great restraint and should be limited in geographic scope
and in application. The "fast food restaurant" is the high
traffic generator which is most likely to be developed along
Chanhassen's S.T. Highway 5 corridor, as evidenced by construction
at the intersection of S.T. Highway 5 and Mitchell Road in
Eden Prairie to the east and as evidenced by the construction
of industrial plants along the S.T. Highway 5 corridor in
Chanhassen and in Eden Prairie. "Fast food restaurants" and
industrial plants are often in a simbiotic relationship with
each other, making the development of additional "fast food
restaurants" more likely as commercial -industrial properties are
developed along S.T. Highway 5.
The Council believes that it would be unfair to
the business community in particular and the citizenry is
general to establish a moratorium prohibiting all development
activities, wherein only the so-called "fast food restaurant"
has the immediate potential to impair the goals of the Downtown
Redevelopment Project and impair the orderly installation of
traffic improvements in accordance with the plan for Tax
Increment District No. 2.
SECTION 2.
MORATORIUM.
Prohibition. Pending the adoption of the
aforesaid ordinance and official controls, no building permit
shall be issued for the construction, remodeling, alteration, or
erection of any "fast food restaurant," as that term is herein-
after defined, within the following areas within the City;
Outlot 1, plat of Chanhassen Estates,
Carver County, Minnesota, and
Outlot 2, plat of Chanhassen Estates,
Carver County, Minnesota except
That part of said Outlot 2, which lies
westerly of a line 165.00 feet easterly of,
measured at a right angle to and parallel
with that particular westerly line of said
Outlot 2 having a record dimension of 345.17
feet and lying northerly of a line 20.00
feet northerly of, measured at a right angle
to and parallel with the following described
line. Said line is described as follows:
Commencing at the southwest corner of said
Outlot 2; thence North 0 degrees 38 minutes
17 seconds East, along the westerly line of
said Outlot 2, a distance of 174.22 feet
to the beginning of the line to be described,
thence South 89 degrees 48 minutes 18 seconds
East a distance of 20.00 feet; thence easterly
and southeasterly a distance of 98.18 feet,
along a tangential curve concave to the
southwest having a radius of 125.00 feet and
a central angle of 45 degrees 00 minutes
00 seconds; thence South 44,degrees 48 minutes
18 seconds East, tangent to said curve a
distance of 78.79 feet and said line there
terminating, and
All lots, outlots and tracts of land within
the plat of Park Two; Carver County,
Minnesota, and
The North 1/2 of the Northwest 1/4 of Section 18,
Township 116 N, Range 22 W of the 5th Principal
Meridian, Hennepin County, Minnesota.
For purposes of this ordinance, "fast food
restaurant" means an establishment whose principal business
is the sale of food and/or beverages in a ready -to -consume
state for consumption (1) within the restaurant building,
(2) within a motor vehicle parked on the premises, or (3) off
the premises as carry -out orders; and whose principal method
of operation includes the following characteristics:(a) food
and/or beverages are usually served in edible containers or
in paper, plastic, or other disposable containers; (b) the
customer is not served food at his table by an employee, but
receives it at a counter, window, or similar facility and
carries it to another location on or off the premises for
consumption.
The moratorium and prohibition established by
this ordinance shall not have application to the construction,
remodeling, alteration, or erection of any "standard restaurant."
For purposes of this ordinance "standard restaurant" means an
establishment whose principal business is the sale of food and/
or beverages to customers in a ready -to -consume state, and whose
principal method of operation includes one or both of the
following characteristics: (1) customers, normally provided
with an individual menu, are served their foods and beverages
by a restaurant employee at the same table or counter at which
food and beverages are consumed; (2) a cafeteria -type operation
where food and beverages generally are consumed within the
restaurant building.
-3-
SECTION 3. 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 not
to exceed Five Hundred Dollars ($500), imprisonment for not to
exceed ninety (90) days, or both.
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 publication, and shall remain in force until '
the date of adoption of the ordinance contemplated hereunder or
February 23, 1983, whichever date occurs first.
Passed and adopted by the Council of the
City of Chanhassen this 23rd day of August 1982.
MAYOR
Attest:
City Clerk Manager
Publish in the Carver County Herald on September 1 1982.
-4-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-L
AN ORDINANCE AMENDING ORDINANCE 47, THE CHANHASSEN ZONING ORDINANCE:
THE CITY COUNCIL OF THE CITY -OF CHANHASSEN ORDAINS:
Section 1. Section 11.10 of Ordinance No. 47, entitled "The
Chanhassen Zoning Ordinance," adopted February 8, 1972, and as amended
heretofore by Ordinance Nos. 47-A through 47-K inclusive, is hereby
amended to read as follows;
Section 11.10. Boundaries of the C-3 Commercial
Service District.
The Boundaries of the C-3 Commercial Service District
shall include the following tracts and parcels of land:
Lot 9, Block 1, Frontier Development Park, according
to the map or plat thereof on file and of record in
the office of the Carver County, Minnesota, Register
of Deeds.
Section 2. Effective Date. This ordinance shall become
effective from and after its passage and.publication.
Passed by the Council this 17th day of July , 1978.
MAYO
ATTEST:
City Clerk/Manager
Public Hearing held on May 26, 1976.
Publish in Carver County Herald on August 2, ,1978.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-K-8
AN IN`T'ERIM ORDINANCE TEMPORARILY PROHIBITING
THE CONSTRUCTION OF FAST FOOD RESTAURANTS
WITHIN CERTAIN AREAS OF THE CI'T'Y
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. Protecting the planning processes of the City of
Chanhassen and its citizens, and
3. Allowing a reasonable time for this City to develop
and adopt an ordinance and other official controls which:•
a. will ameliorate the negative aspects often asso-
ciated with the construction of "fast food"
restaurants in areas which abut residential develop-
ment, and
b. will channel high traffic generating consumer
oriented businesses into the Chanhassen Downtown
Redevelopment Project Area, including both the
central business district and Chanhassen Lakes
Business Park, and
c. will temporarily delay development of additional
high traffic generating uses until such time as the
pending traffic improvements, contemplated by the
plan for Chanhassen Tax Increment District No. 2,
can be completed in an -orderly manner, and
d. will avoid the overloading of the Dakota Avenue/S.T.
Highway 5 intersection which is expected to occur if
additional high traffic generating uses are developed
along the southerly frontage road (aka Lake Drive
East) to S.T. Hiahway 5.
This ordinance is limited to "fast food restaurants"
because the Council believes that its power to adopt moratorium
a ordinances or so-called interim ordinances should be exercised
with great restraint and should be limited in geographic scope and
in application. The "fast food restaurant" is the high traffic
generator which is most likely to be developed along Chanhassen's
S.T. Highway 5 corridor, as evidenced by construction at the
intersection of S.T. Highway 5 and Mitchell Road in Eden Prairie
to the east and as evidenced by the construction of industrial
plants along the S.T. Highway 5 corridor in Chanhassen and in Eden
Prairie. "Fast food restaurants" and industrial plants are often
located in close proximity to each other, making the development
of additional "fast food restaurants" more likely as commercial -
industrial properties are developed along S.T. Highway 5.
The Council believes that it would be unfair to the
business community in particular and the citizenry in general to
establish a moratorium prohibiting all development activities,
wherein only the so-called "fast food restaurant" has the imme-
diate potential to impair the goals of the Downtown Redevelopment
Project and impair the orderly installation of traffic improve-
ments in accordance with the plan for Tax Increment District No.
2.
SECTION 2. MORATORIUM.
Prohibition. Pending the adoption of the aforesaid
ordinance and official -controls, no building permit shall be issued
for the construction, remodeling, alteration, or erection of any
"fast food restaurant," as that term is hereinafter defined,
within the following areas within the City;
Outlot 1, plat of Chanhassen Estates,
Carver County, Minnesota, and
Lot 2, Block 1, Chan Haven Plaza,
Carver County, Minnesota.
All lots, outlots and tracts of land within
the plat of Park Two, Carver County, Minnesota, and
The North f of the Northwest $ of Section 18,
Township 116 N, Range 22 W of the 5th Principal
Meridian, Hennepin County, Minnesota.
For purposes of this ordinance, "fast food
restaurant" means an establishment whose principal business is the
sale of food and/or beverages in a ready -to -consume state for
consumption (1) within the restaurant building, (2) within a motor
vehicle parked on the premises, or (3) off the premises as carry-
out orders; and whose principal method of operation includes the
following characteristics: (a) food and/or beverages are usually
served in edible containers or in paper, plastic, or other
disposable containers; (b) the customer is not served food at his
table by an employee, but receives it at a counter, window, or
similar facility and carries it to another location on or off the
premises for consumption.
The moratorium and prohibition established by this
ordinance shall not have application to the construction, remodel-
ing, alteration, or erection of any "standard restaurant." For
purposes of this ordinance "standard restaurant" means an
establishment whose principal business is the sale of food and/or
beverages to customers in a ready -to -consume state, and whose
principal method of operation includes one or both of the
following characteristics: (1) customers, normally provided with
an individual menu, are served their foods and beverages by a
restaurant employee at the same table or counter at which food and
beverages are consumed; (2) a cafeteria -type operation where food
and beverages generally are consumed within the restaurant
building.
SECTION 3. PENALTY.
Any person, firm or corporation, violating the pro-
visions of this ordinance shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed
Five Hundred Dollars ($500), imprisonment for not to exceed ninety
(90) days, or both.
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 publication, and shall remain in force until the date
of adoption of the ordinance contemplated hereunder or December
31, 1983, whichever date occurs first.
Passed and adopted by the Council of the City of
Chanhassen this 4th day of April , 1983.
� f ^
NIayor d
AttesK_J
City Clerk/City-Manager
Published in the Carver County Herald on April 13 , 1983.
-3-
CITY OF CHANHASSEN -
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -K -8A
AN
INTERIM ORDINANCE TEMPORARILY PROHIBITING
THE
CONSTRUCTION OF FAST FOOD RESTAURANTS
WITHIN
CERTAIN AREAS OF THE CITY
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.
Protecting the planning processes of the City of
Chanhassen and
its citizens, and
3.
Allowing a reasonable time for this City to develop
and adopt an
ordinance and other official controls which:
a.
will ameliorate the negative aspects often asso-
ciated with the construction of "fast food"
restaurants in areas which abut residential develop-
ment, and
b.
will channel high traffic generating consumer
oriented businesses into the Chanhassen Downtown
Redevelopment Project Area, including both the
central business district and Chanhassen Lakes
Business Park, and
C.
will temporarily delay development of additional
high traffic generating uses until such time as the
pending traffic improvements, contemplated by the
plan for Chanhassen Tax Increment District No. 2,
can be completed in an orderly manner, and
d.
will avoid the overloading of the Dakota Avenue/S.T.
Highway 5 intersection which is expected to occur if
additional high traffic generating uses are developed
along the southerly frontage road (aka Lake Drive
East) to S.T. Highway 5.
This ordinance is limited to "fast food restaurants"
because the Council believes that its power to adopt moratorium
ordinances or so-called interim ordinances should be exercised
with great restraint and should be limited in geographic scope and
in application. The "fast food restaurant" is the high traffic
generator which is most likely to be developed along Chanhassen's
S.T. Highway 5 corridor, as evidenced by construction at the
intersection of S.T. Highway 5 and Mitchell Road in Eden Prairie
to the east and as evidenced by the construction of industrial
plants along the S.T. Highway 5 corridor in Chanhassen and in Eden
Prairie. "Fast food restaurants" and industrial plants are often
located in close proximity to each other, making the development
of additional "fast food restaurants" more likely as commercial -
industrial properties are developed along S.T. Highway S.
The Council believes that it would be unfair to the
business community in particular and the citizenry in general to
establish a moratorium prohibiting all development activities,
wherein only the so-called "fast food restaurant" has the imme-
diate potential to impair the goals of the Downtown Redevelopment
Project and impair the orderly installation of traffic improve-
ments in accordance with the plan for Tax Increment District No.
2.
SECTION 2
MORATORIUM.
Prohibition. Pending the adoption of the aforesaid
ordinance and official controls, no building permit shall be issued
for the construction, remodeling, alteration, or erection of any
"fast food restaurant," as that term is hereinafter defined,
within the following areas within the City;
Outlot 1, plat of Chanhassen Estates,
Carver County, Minnesota, and
Lot 2, Block 1, Chan Haven Plaza,
Carver County, Minnesota.
All lots, outlots and tracts of land within
the plat of Park Two, Carver County, Minnesota, and
The North J of the Northwest } of Section 18,
Township 116 N, Range 22 W of the 5th Principal
Meridian, Hennepin County, Minnesota.
For purposes of this ordinance, "fast food
restaurant" means an establishment whose principal business is the
sale of food and/or beverages in a ready -to -consume state for
consumption (1) within the restaurant building, (2) within a motor
vehicle parked on the premises, or (3) off the premises as carry-
out orders; and whose principal method of operation includes the
following characteristics: (a) food and/or beverages are usually
served in edible containers or in paper, plastic, or other
disposable containers; (b) the customer is not served food at his
table by an employee, but receives it at a counter, window, or
similar facility and carries it to another location on or off the
premises for consumption.
The moratorium and prohibition established by this
ordinance shall not have application to the construction, remodel-
ing, alteration, or erection of any "standard restaurant." For
purposes of this ordinance "standard restaurant" means an
establishment whose principal business is the sale of food and/or
beverages to customers in a ready -to -consume state, and whose
principal method of operation includes one or both of the
following characteristics: (1) customers, normally provided with
an individual menu, are served their foods and beverages by a
-2-
restaurant employee at the same table or counter at which food and
beverages are consumed; (2) a cafeteria -type operation where food
and beverages generally are consumed within the restaurant
building.
SECTION 3. PENALTY.
Any person, firm or corporation, violating the pro-
visions of this ordinance shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed
Five Hundred Dollars ($500), imprisonment for not to exceed ninety
(90) days, or both.
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 publication, and shall remain in force until the date
of adoption of the ordinance contemplated hereunder or October
23, 1984, whichever date occurs first.
Passed and adopted by the Council of the City of
Chanhassen this 23rd day of January 1984.
,, Mayor'
Attest
r
i I
City Clerk/City Manager
Published in the Carver County Herald on February 1, 1984.
-3-
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 47-M
AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 14.11 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance", adopted February 8, 1972, and
as amended heretofore is hereby further amended by adding the
following described tract of land to those lands encompassed within
the boundaries of the P-1 district as set forth in said Section 14.11,
as amended heretofore:
2. Outlot A, Minnewashta Creek First Addition, according
to the map or plat thereof on file in the office of the
County Recorder, in and for Carver County, Minnesota.
Section 2. Effective Date: This ordinance shall become
effective from and after its passage and publication.
Passed by the Council thin 5th day of June 1978.
Mayor
ATTEST:
Donald Ashworth
City Clerk/Manager
Public Hearing held May 10, 1978. February 21,
Published in Carver County Herald on 1978.
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 47-N
AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING ORDINANCE'.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 14.11 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore is hereby further amended by adding the following
described tracts of land to those lands encompassed within the
boundaries of the P-1 district as set forth in said Section 14.11,
as amended heretofore.
3. Minnewashta Woods, according to the -yap or
plat thereof on file in the office of t -he Coun=y
Recorder, in and for Carver County, Minnesota.
4. Sunny Slope Addition, according to the map
or plat thereof on file in the office o= the
County Recorder, in and for Carver -County,
Minnesota.
Section 2. Effective Date: This ordinance shall
become effective from and after its passage and publication.
Passed by the Council this 2nd day of Octobe--
1978.
Mayor
ATTEST:
-- J
Donald Ashworth
City Clerk/Manager
Public Hearing on Tract 3 held April 24, 1974.
Public Hearing on Tract 4 held November 9, 1977.
Published in Carver County Herald on October 25 _ 1978.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-0
AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING ORDINANCE:
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1.
Section 14.11 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore is hereby further amended by adding the following
described tracts of land to those lands encompassed within the
boundaries of the P-1 district as set forth in said Section 14.11,
as amended heretofore:
5. Chaparral, according to the map or plat
thereof on file in the office of the County
Recorder, in and for Carver County,
Minnesota.
SECTION 2. EFFECTIVE DATE:
This ordinance shall become effective from and after
its passage and publication.
Passed by the Council this
ATTEST:
. �
i
i
City Clerk/Manager
Public hearing held March 8, 1978.
3rd day of April, 1978.
V11
MAYOR
Published in Carver County Herald Feb. 7 1979.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-P
AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING ORDINANCE:
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1.
Section 14.11 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore is hereby further amended by adding the following
described tracts of land to those lands encompassed within the
boundaries of the P-1 district as set forth in said Section 14.11,
as amended heretofore:
6. Lotus Lake Estates, according to the map
of plat thereon on file'in the office of
the County Recorder, in and for Carver
County, Minnesota.
SECTION 2. EFFECTIVE DATE
This ordinance shall become effective from and after
its passage and publication
Passed by the Council this 10th day of July, 1978.
MAYOR
ATTEST:
Citi Clerk%Manag6
Public hearing held June 14, 1978
Published in Carver County Herald on Feb. 7 1979.
CITY OF CHANHASSEN ORDINANCE 47-Q
CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES, MINNESOTA
AN ORDINANCE AMENDING SECTION 13.05 OF THE CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 13.05 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance", adopted February 8, 1972, and
or amended heretofore is hereby further amended by adding the
following tract of land to those tracts of land encompassed within
the boundaries of the Central Business District as set forth in
said Section 13.05 as amended heretofore:
2. That part of the Northwest quarter of the Northwest
quarter of Section 13, Township 116, Range 23, described
as follows: Commencing at the Northwest corner of said
Northwest quarter of the Northwest quarter; thence
Southerly along said West line of the Northwest quarter
of the Northwest quarter, on an assumed bearing of South
0 degrees, 09 minutes, 40 seconds East a distance of 71.55
feet to the Southerly right-of-way line of County State
Aid Highway No. 16; thence South 85 degrees, 29 minutes,
24 seconds East along the Southerly right-of-way line of
County State Aid Highway No. 16 a distance of 482.81
feet to the actual point of beginning; thence South 85
degrees, 29 minutes, 24 seconds East along said Southerly
right-of-way line of County State Aid Highway No. 16, a
distance of 381.26 feet; thence South 0 degrees, 09 minutes,
40 seconds East a distance of 117.00 feet; thence North
87 degrees, 53 minutes, 36 seconds [Jest a distance of
380.30 feet; thence North 0 degrees, 09 minutes, 40 seconds
West a distance of 156.00 feet to the point of beginning.
Section 2. Effective Date: This Ordinance shall become
effective from and after its passage and publication.
Passed by the Council
ATTEST:
/1
Donald Ashworth
City Clerk/Manager
7th day of August 1978.
Walter B. Hobbs, Mayo
Public Hearing held July 26, 178.
a Published in Carver County herald on Feb. 21 1979.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-R
AN ORDINANCE AMENDING SECTION 17.09 OF THE CHANHASSEN ZONING ORDINANCE_
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 17.09 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance," adopted February 8, 1972, and as
amended heretofore, is hereby further amended by adding the
following tract of land to those tracts of land encompassed within
the boundaries of the Planned Industrial Development District, P-4,
as set forth in said Section 17.09 as amended heretofore:
1. Chanhassen Lakes Business Park, according to the
map or plat filed thereof in the office of the
County Recorder, in and for the County of
Carver, Minnesota.
Section 2. Effective Date. This Ordinance shall become effect
tive from and after its passage and publication.
Passed by the Council this 17th day of Apil, 1978.
Walter B. Hobbs, Mayor
ATTEST:
� r
Donald W. Ashworthf
City Clerk/Manager
Public Hearing held March 8, 1978.
Published in Carver County Herald on October 17 1979.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-S
AN ORDINANCE AMENDING SECTION 12.03 OF THE CHANHASSEN ZONING
ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 12.03 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance", adopted February 8, 1972, and
as amended heretofore, is hereby further amended by adding the
following use as accessory to a permitted use in th2 I-1 Industrial
District as set forth in said Section 12.03 as amended heretofore:
3. Retail sales of meat products incidental to
meat wholesaling and meat warehousing.
Section 2. Effective Date. This Ordinance shall become
'effective from and after its passage and publication.
Passed by the Council this 4th day of September, 1979.
MAYOR
ATTEST:
City Clerk i•Ianager
Public Hearing held August 22, 1979.
Published in the Carver County Herald on January 16 1980.
CITY OF CHANHASSEN
ORDINANCE 47-T
CITY OF CHANHASSEN
HENNEPIN AND CARVER
COUNTIES, MINNESOTA
AN ORDINANCE AMENDING SECTION 13.05 OF THE CHANHASSEN ZONING ORDINANC
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 13.05 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance", adopted February 8, 1972, and
as amended heretofore is hereby further amended by adding the
following tract of land to those tracts of land encompassed within
the boundaries of the Central Business District as set forth in
said Section 13.05 as amended heretofore:
3. Lots 1, 2 and 3, Block 1, Zamor Addition, Carver
County, Minnesota.
Section 2. Effective Date: This Ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 14th day of May, 1979.
Walter B. Hobbs, Mayor
ATTEST:
Donald Ashworth,
City Clerk/City Manager
Public Hearing held on May 2, 1979.
Published in Carver County Herald on February 6 193.
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE 47-U
AN ORDINANCE AMENDING SECTION 7.08 OF THE CHANHASSEN
ZONING ORDINANCE
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 7.08 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance," adopted February 8, 1972, and
as amended heretofore, is hereby further amended by adding
the following tract of land to those tracts of land encompassed
within the boundaries of the R-1 Single Family Residence District
as set forth in said Section 7.08 as amended heretofore:
3: Lot 2, Vineland, Carver County, Minnesota
Section 2. Effective Date_ This ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 4th day of September, 1979.
L ( jk- -
-:t�
.MAYOR
ATTEST:
City C:ler /Manager
Public Hearing held August 22, 1979.
(Publish in Carver County Herald on April 16. 1980.)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUN^1IES, MINNESOTA
ORDINANCE 47-V t
AN ORDINANCE AMENDING SECTION 9.1.0 OF THE CHANHASSEN CONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 9.10 of Ordinance No. 47, entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972 and as
amended heretofore by Ordinance Nos. 47--A through 47-U, inclusive,
is hereby amended to read as follows:
Section 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:
SCHNEIDER PARK, according to the map or plat
thereof on file and of record in the office
of the Carver County Recorder.
Section 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 19th day of May, 1980.
MAYOR
Attest:
( } i
City Clerk Manager
Public hearing held on May 14, 1980.
Published in Carver County Herald on June 11 , 1980.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-W
AN ORDINANCE AMENDING SECTION 7.08 OF THE
CHANHASSEN ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 7.08 of Ordinance No. 47, entitled "The
Chanhassen Zoning Ordinance," adopted February 8, 1972 and as
amended heretofore by Ordinance Nos. 47-A through 47-v, inclusive,
is hereby amended to read as follows:
Section 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:
The Southwest Quarter (SW 1/4) of the
Southeast Quarter (SE 1/4) of Section 13,
Township 116, Range 23 West, Carver County,
Minnesota; also described as all lots, tracts
and parcels ---of land in plat of Rice Lake Manor.
Section 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 7th day of April, 1980.
— L: �) � �� �� � �, \7::: �\_ a --) � -
MAYOR
Attest:
City Clerk/Manager
Public hearing held on February 27, 1980. Published
in Carver County Herald on June 25 1980.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-X
AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING
ORDINANCE.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 14.11 of Ordinance No. 47 entitled "The Chan-
hassen�Zoning Ordinance) adopted February 8, 1972, and as amended
heretofore, is hereby further amended by adding the following
tract of land to those tracts of land encompassed within the
boundaries of the Planned Residential.Development District, P-1, as set
forth in said Section 14.11 as amended heretofore:'
7. Outlots 1 and 2, "Colonial Grove at Lotus Lake,"
according to the plat thereof on file and of record
in the office of the Registrar of Titles, Carver
County, Minnesota.
-As said plat has been reformed by Court Order dated
October 15, 1979, shown as a memorial hereon, which order
extends the side lines of said lot as shown on the
plat to the shoreline of Lotus Lake and includes within
said lot all lands lying between said side line as so
extended, and between the adjacent street and the shore
of Lotus Lake as shown on the plat as originally filed.
(Outlot 1, Colonial Grove at Lotus Lake).
Section 2. Effective Date. This Ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 18th•day of Febru 19 0.
ATTEST :-- ,\
1 Walter B. Hobbs,
Mayor
Donald Ashworth
City Clerk/Manager
Public Hearing Held September 27, 1978.
Pub. Carver County Herald September 24 , 1980.
r
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-Y
AN ORDINANCE AMENDING SECTION 6.08 OF THE
CHANHASSEN ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 6.08 of Ordinance No. 47, entitled "The Chanhassen
Zoning Ordinance," adopted February 8, 1972 and as amended heretofore
by Ordinance Nos. 47-A through 47-X, inclusive, is hereby amended to
read as follows:
Section 6.08 Boundaries of the R-lA Agricultural
District. The boundaries of the R-lA Agricultural District shall
include the following described tracts and parcels of land:
1. That part of the West Half of the Northeast
Quarter of Section 13, Township 116 North,
Range 23 West of the 5th Principal Meridian,
Carver County, Minnesota, lying south of the
southerly right-of-way Line of State Highway
No. 5 as described in Book "Z" of Miscellaneous
at Page 60, recorded in the Office of the
Register of Deeds, County of Carver, EXCEPT the
two following described tracts of Land. Said
tracts are described as follows:
A. The West 353.00 feet of the south 270.00 feet
of the West half of the Northeast Quarter
of said Section 13.
B. The West 193.00 feet of the north 303.00 feet
of the south 573.00 feet of the West Half
of the Northeast Quarter of said Section 13.
And also EXCEPT that part of the first above described
property which lies northerly and westerly of the
following described line. Said line is described as
follows:
Commencing at the northwest corner of the West
Half of the Northeast Quarter of said Section 13;
thence southerly along the west line of said
West Half of the Northeast Quarter a distance
1272.70 feet to the beginning of the line to
be described; thence easterly, at right angles
to said west line; a distance of 656.00 feet;
thence northerly at right angles a distance of
418.15 feet, more or less, to the intersection
with the southerly right-of-way line of said
highway, and said line there terminating.
2. T h e Northwest of the Southeast Quarter of
Section 13, Township 116 North, Range 23, West of
the 5th Principal Meridian, Carver County, Minnesota,
following two tracts.:
(1) That part of the south 186.00 feet of the
Northeast Quarter of the Northwest Quarter of
Section 10, Township 116 North, Range 23 West
of the 5th Principal Meridian, lying easterly
of the centerline of County Road No. 117 (also
known as Galpin Lake Road and formerly known
as Chaska and Excelsior Raod and as Excelsior
and Shakopee Road).
(2) That part of the South Half of the Northwest
Quarter of Section 10, Township 116 North,
Range 23 West of the 5th Principal Meridian,
lying easterly of the centerline of County
Road No. 117 (also known as Galpin Lake Road
and formerly known as Chaska and Excelsior Road
and as Excelsior and Shakopee Road).
Which lies northerly of lines described as follows:
Commencing at the northeast corner of said
South Half of the Northwest Quarter; thence on
an assumed bearing of North 89 degrees 49 minutes
08 seconds West, along the north line of said
South Half of the Northwest Quarter a distance
of 588.71 feet, to the beginning of the lines to
be described; thence South 65 degrees 37 minutes
15 seconds West a distance of 98.69 feet; thence
northwesterly a distance of 141.37 feet along a
non-tangential curve concave to the southwest
heaving a radius of 180.00 feet and a central
angle of 45 degrees 00 minutes 00 seconds, the
chord of said curve is 137.77 feet in length
and bears North 46 degrees 52 mintues 45 seconds
West; thence North 69 degrees 22 mintues 45
seconds West, tangent to said curve a distance
of 40.00 feet and said line there terminating.
Section 2. Effective Date. This ordinance shall become effective
from and after its passage and publication.
Passed by the Council this 2nd day of Febary, 981.
L
MAYOR
Attest:
City Clerk Manager
Public hearings held on August 13, 1980 and September 10, 1980. Published
in Carver County Herald on July 16, 1980 and August 27, 1980.
-3-
CITY OF CHANIiASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47- z
AN ORDINANCE AMENDING SECTION 16.02
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 16.02 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance," adopted February 8, 1972, and
as amended heretofore, is hereby further amended by adding the
following uses as additional Permitted Uses in the P-3 Planned
Community Development District as set forth in said Section 16.02:
8. Motor Vehicle body repair shops
9. Motor Vehicle parts stores
10. Automobile service stations
11. Private Clubs and Private Lodges
12. Garden supply stores
13. Laundry and dry cleaning plants
14. Repair shops for home and garden equipment
15. Taverns
16. Tennis courts, handball courts, and racquetball
courts
17. Off -sale liquor establishments, provided that such
use is developed in conjunction with a restaurant
and/or tavern located within the same building
18. Other similar uses which are found by the City
Council to be a) consistent with the general
character of the other Permitted Uses in the P-3
Planned Community Development District and b) con-
sistent with the Objectives of this District.
Section 2. Effective Date.
This ordinance shall become effective from and
after its passage and publication.
Passed and adopted by the Council this 2nd
day of November 1981.
1'
2
T omas Hamilton, Mayor
Attest:
, � 9"' .
Don Ashworth
City Clerk/Manager
Public hearing held on September 23, 1981.
Published on November 25 , 1981.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE No. 47 -AA
AN ORDINANCE AMENDING SECTION 16.09 OF
THE CHANHASSEN ZONING ORDINANCE
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 16.09 of Ordinance No. 47, entitled
"The Chanhassen Zoning Ordinance," adopted February 8, 1972,
and as amended heretofore, is hereby amended to read as
follows:
"Section 16.09. Boundaries of the P-3 Planned
Conununity Development District. The boundaries of the
P-3 Planned Community Development District shall include
the following described tracts and parcels of land:
1. That part of the Northeast 1/4 of Section 14,
Township 116 North, Range 23 West of the
Fifth Principal Meridian which lies Northerly
of the Northerly right-of-way line of the
Chicago Milwaukee, St. Paul and Pacific Railroad
and lying Southerly of the Southerly right-of-way
line of State Highway No. S."
SECTION 2. EFFECTIVE DATE. This ordinance shall become
effective from and after its passage and publication.
Passed by the Council this 5th day of
October 1981. -�
Ma}ter
Attest:
City Clerk Manager
Public hearing held on June 10, 1981 and September 23, 1981.
Published in the Carver County Herald on February 17 1982.
r
I
♦%c v . a/ 1 / / O L
CITY OF CHANIIASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47AB
AN ORDINANCE AMENDING SECTION 4.02, 5, 6.04, 7.04 AND
14004 OF THE CHANHASSEN ZONING ORDINANCE.
THE CITY COUNCIL ORDAINS:
Section 1. Purpose and Intent. The City of Chanhassen
is authorized to enact regulations relating to the surface
use of public waters and the adjoining shoreline, lying
wholly or partially, within its legal boundaries. Said
regulations may control the surface use of public waters
and the conduct of other activities on public waters and
adjoining shoreland. This ordinance is enacted for the purpose
of exercising such authority so as to secure the public health,
safety and welfare, the most general public use of the surface
of public waters, the conservation of water resources and
protection of the surrounding environment.
The City Council's purpose for enacting this
ordinance is to promote public health, safety, and general
welfare, to promote safety and sanitation in the use of public
waters, to keep public waters open for general public use, to
avoid pollution and uncontrolled and excessive use of public
waters for docks, moorings and other structures, and to
eliminate unsafe and excessive installations of docks, boat
mooring areas and other fixed or floating structures on the
lakes.
While this ordinance does regulate both the
establishment of new recreational beach lots and the further
development of existing recreational beach lots, it is not the
intent of this ordinance to limit or prohibit usages of
recreational beach lots which are already existing at the time
of the adoption of this ordinance. -Rather, it is the intent
of this ordinance to preserve the present quality of public
waters by preventing uncontrolled and excessive use of the
surface of public waters, the abutting shoreline, and thus
securing the safety of the public in the use of public waters.
Section 2. Section 4.02 of Ordinance 47, as adopted and
amended heretofore, is hereby amended by adding the following
definitions:
Section 4.02. Definitions.
"Boat Launch" means any portion of a body of public water
along or landward of the natural shoreline deep enough
</ 1
' for recreational water navigation or for the launching
of watercraft, and so situated with respect to
shoreline feature as to provide (a) protection from
winds, saves, ice and currents, or (b) the facile
launching of watercraft.
"Cross Bar" means that portion of any "L" shaped or
"T" shaped seasonal dock or permanent dock which is
approximately parallel in alignment to the abutting
shoreline or abutting ordinary high water mark.
"Dock" means seasonal dock or permanent dock.
"Dock Set -Back Zone" means that portion of any body of
water lving within one hundred (100) feet of the
ordinary high water mark and which is bounded by (a) the
extended side lot lines of any lakeshore site and (b) by
a line inside of and running parallel to and ten (10)
feet distant from the extended side lot lines of any
lakeshore site, as measured at right angles to said
extended side lot lines.
"Itomeowner Association" means any private corporation,
private club, unincorporated association, or non-profit
organization, which owns, leases or operates a recreational
beach lot, for the purpose of providing access to public waters
for its members, shareholders, owners and beneficiaries.
"Lakeshore Site" means any lot, parcel or other tract of
land legally subdivided and recorded in the office of the
County Recorder or Registrar of Titles and which abuts
any body of public water.
"Mooring Area" means an area of concentrated watercraft
mooring, except that mooring area does not mean permanent
or seasonal dock.
"Ordinary High Water Mark" means a mark delineating the
highest water level which has been maintained for a
sufficient period of time to leave evidence upon the
landscape; the ordinary high water mark is commonly that
point where natural vegetation changes from predominantly
aquatic to predominantly terrestial.
"Overnight" means any time between the hours of 2:00 A.M.
and 5:00 A.M. of any day.
Permanent hock" means any dock other than a seasonal
dock as defined in this ordinance.
-2-
• "Public Water"or"Public Waters" means any waters of the
State of Minnesota which serve a beneficial public purpose,
as defined in Minnesota Statutes 1974, Section 105.37,
Subdivisionl4, including but not limited to the
following bodies of water:
Rice Marsh Lake
Lake Riley
Lotus Lake
Lake Lucy
Lake Harrison
Lake Minnewashta
Lake St. Joe
Lake Ann
Lake Susan
Rice Lake
Silver Lake
Christmas Lake
Minnesota River
"Recreational Beachlot" means any tract of land owned,
leased, or operated by a homeowner association or by a
residential housing developer, and which abuts on public
waters, situated wholly or partly within the boundaries
of the City of Chanhassen, and which affords the members,
owners, or beneficiaries of said homeowner association or
residential housing developer access to said public waters.
"Residential Neighborhood Association" means homeowner
association.
"Seasonal Dock" means any dock designed and constructed
so that it may- be removed from a body of public
water on a seasonal basis; all components such as supports,
legs, decking and footing must be capable of removal by
non -mechanized means.
Section 3. Section 6.04 of Ordinance 47, as adopted and
amended heretofore, is hereby amended by adding a paragraph
numbered 10 reading as follows:
Section 6.04. Uses by Conditional Use Permit.
10. Recreational beach lots, provided that, in addition
to such other conditions as may be prescribed by
any conditional use permit, the following minimum
standards shall apply:
FM
No structure, ice fishing house, camper, trailer, tent
recreational vehicle or shelter shall be erected,
maintained, or stored upon any recreational beach
/lot; provided, however, that professionally maintained
portable chemical toilet facilities may be placed
7 upon any recreational beach lot if located not
I' less than seventy-five (75) feet from the ordinary
V-bigh wfater_ mar'., _
-3-
b. No motor vehicle, including but not limited to
any motorcycle, motorized mini -bike, all -terrain
vehicle, or smwmobile, shall be driven upon or
parked upon any recreational beach lot.
C. No recreational beach lot shall be used for
overnight camping purposes.
d. No recreational beach lot shall be used for
purposes of overnight storage or overnight
mooring of watercraft in abutting waters, or
overnight docking of boats, or other watercraft;
provided, however, that canoes may be stored
overnight on any recreational beach lot if said
canoes are stored in canoe racks specifically
designed for that purpose. Docking of watercraft
or seaplanes is permissible, however, at any
-Lime otiier than overnight.
e. No boat trailer shall be allowed upon any recrea-
tional beach lot; boats, seaplanes or other water-
craft may be launched from any recreational beach
lot if accomplished without the use of any
motor vehicle, trailer, or wheeled dolly.
f. No seasonal dock or permanent dock shall be
permitted on any recreational beachlot, unless
said recreational beachlot is not less than
one hundred (100) feet wide at both the ordinary
high water mark and at a point one hundred (100)
feet landward from the ordinary -high water mark,
One dock may be erected upon any recreational
beach lot which meets the minimum dimensional
requirements set forth in both this subparagraph
"f" and in subparagraph "g" of this Section 6.04(10).
g. No recreational beach lot dock shall exceed six (6)
feet in width, and .io such dock shall exceed the
greater of the following lengths: (a) fifty (50)
feet or, (b) the minimum straight-line distance
necessary to reach a water depth of four (4) feet.
The width (but not the length) of the cross -bar of
any "T" or "L" shaped dock shall be included in
the computation of length described in the preceding
sentence., The cross -bar of any such dock shall
not measure in excess of twenty-five(25) feet
in length.,, No dock shall encroach upon any
dock set -back zone, provided, however, that the
owners of any two abutting lakeshore sites may
erect one common dock within the dock set -back
zone appurtenant to said abutting lakeshore
sites, if said common dock is the only dock on
said two lakeshore sites and if said dock
otherwise conforms with the provisions of this
ordinance.
I.I. Each recreational beach lot shall have a width,
measured both at the ordinary high water mark
and at a point one hundred (100) feet landward
from the ordinary high water mark, of not less
than four (4) lineal feet for each dwelling unit
which has appurtenant rights of access to said
recreational beach lot accruing to the owners
or occupants of that dwelling unit under applicable
rules of the homeowner association or residential
housing developers.
i. At least eighty percent (80b) of the dwelling
units, which have appurtenant rights of access
to any recreational beach lot, shall be located
within at least one thousand (1000) feet of
said recreational beach lot.
j. All recreational beach lots, including any
recreational beach lots established prior to the
effective date of this ordinance may be used
."" `tU
for swimming beach purposes, but only if
swimming areas are clearly delineated with
official U.S. Coast Guard marker buoys.
Section 4. Section 7.04 of Ordinance 47, as adopted and
amended heretofore, is hereby amended by adding a paragraph
numbered 9, reading as follows:
Section 7.04. Uses by Conditional Use Permit.
9. Recreational beach lots, 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 structure, ice fishirlci Douse, camper, trailer, tent
recreational vehicle or shelter shall be erected,
maintained, or stored upon any recreational beach
lot; provid_:d, liowevcr, that professionally nlaintainec
tci' ,2 _ fZ _:iii.t ie, � a. e
UP011 a,,. beach iot if locr,lt:-d not
lei-, than (75) feet from elle ordinary
hlcjh water 11arr;.
967M
b. No motor vehicle, including but not limited to
any motorcycle, motorized mini -bike, all -terrain
vehicle, or nowmobile, shall be driven upon or
parked upon any recreational beach lot.
C. No recreational beach lot shall be used for
overnight camping purposes.
d. No recreational beach lot shall be used for
purposes of OverniyhL storage or overnight
mooring of watercraft in abutting waters, or
overnight docking of boats, or other watercraft;
provided, however, that canoes may be stored
overnight on any recreational beach lot if said
canoes are stored in canoe racks specifically
designed for that purpose. Docking of watercraft
or seaplanes is {permissible, however, at any
time otKer than overnight.
e. No moat trailer shall 5c allowed upon any recroa-
Lional beacK lot; boas, seaplanes or other water --
craft may be launched from any recrc:aL-ional buacii
IOLif accomplished without the use of any
iiiotor vehicle, trailer, or wheeled dolly.
No seasonal dock or permanent dock shall be
permitted on any -recreational beachlot-, unless
said recreational beachlot is not less than
one hundred (100) feet wide at both the ordinary
high water mark and at a point one hundred (100)
feet landward from the ordinaryAigh water mark.
One dock may be erected upon any recreational
beach lot which meets the minimum dimensional
requirements set forth in Moth this subparagraph
"f" and in subparagraph "g" of this Section 6.04(10).
No recreational beach IOL crock shall exceed six (6)
feet in widLh, and 00 such dock shall exceed the
greater of the following lengths: (a) fifty (50)
feet or, (5) the minimum straight -Line distanck_,
necessary to reach a w,itor depth of four (4) feet.
• The width (buL not the length)
Of the cro:>s-i,-1 rof
• any "'1"' or "L" shaped dock shall be included in
the computation of length described in the preceding
sentence. The cross -bar of any such dock shall
not measure in excess of twenty-five(25) feet
in lengLh. No dock shall encroach upon any
clock soL-back: zone, provIdud, however, that Lllc
owners of any two abl1tt111'I lake shore sites may
erect one common dock within the dock set -back
zone appurtenant to said abutting lakeshore
sites, if said common dock is the only dock on
said two lakeshore sites and if said dock
otherwise conforms with the .provisions of this
or.dinancc.
h. Each recreational beach lot shall have a width,
measured both at the ordinary high water mark
and at a point one hundred (100) feet landward
from the ordinary high water mark, of not less
than four (4) lineal feet for each dwelling unit
which has appurtenant rights of access to said
recreational beach lot accruing to the owners
or occupants of that dwelling unit under applicable
rules of the homeowner association or residential
housing developers.
i. At least eighLy percent (800) of the dw lling
units, which have appurtenant rights of access
to any recreational beach lot, shall be located
within at least one thousand (1000) feet of
said recrcal.ional beach IOL.
j_ 1111 recreational beach lots, including any
recreational beach lots established prior to the
effective date of this ordinance may be used
for swimming beach purposes, but only if
swimming areas are clearly delineated with
official U.S. Coast Guard marker buovs.
Section 5. Section 14.04 of Ordinance 47, as adopted and
amended heretofore, is hereby amended by adding a paragraph
numbered 2, reading as follows:
Section 14.04. Conditional Uses.
2. Recreational beach lots, 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 structure, ice fishing House, camper, trailer, tent
recreational vc!liicle or shelter shall be erected,
maintained, or stored upon any recreational beach
lot, nrev:lJ'�d, 1'riCJf'� ti'tiJ'1[!t 1"!C
'o;" j),� Ch"�it:.:':.1 t��llet �aCl'iltit'5 ii?�.V JC: p1 iced
upon any recreational beach lot if located not
less than seventy-five (75) feet- from the ordinary
high water mark.
-7-
b. No motor vehicle, includ.ind but riot limited to
any mo Lo cycle, molclriMud mini -bike, all -terrain
vehicles, or rar)wnlob.ilc, shall be driven upon or
harked upon arty recreational beach lot.
C. No recreational beach lot shall be used for
overnight camping purposes.
d. No recreational heach log, shall be used for
purhoscs of overniyhL storage or overnight
mooring of watercraft in abutting waters, or
overnight docking of boats, or other watercraft;
provided, however, that canoes may be stored
overnight on any recreational beach lot if said
canoes are stored in canoe racks specifically
designed for that purpose. Docking of watercraft
or seaplanes is permissible, however, aL a:,y
time otiier than ovcrnigi-it.
c. 'No :goat trail --r shall be allowed upon any recroa-
Lional beac,1 lot; boa Ls, seaplanes or Other Water--
craf i= may be launched from ariy recreational beac;l
IOL, if accomplished without the use of any
motor vehicle, trailer, or wheeled dolly.
f. No seasonal dock or permanent dock shall be
permitted on any recreational beachlot, unless
said recreational beachlot is not less than
one hundred (100) feet wide at both the ordinary
8 high water mark and at a point one hundred (100)
feet landward from the ordinary'high water mark.
One dock may be erected upon any recreational
beach lot which meets the minimum dimensional
requirements set forth in both this subparagraph
"f" and in subparagraph "g" of this Section 6.09(10).
g. No recreational beach lot dock shall exceod six (G)
feet in widLh, and Bio such dock shall o-xceod the
greaLer of Lhe folloW111(j len(1LIls: (a) fife-), (50)
fOOt or, (,)) the 111111111111111 straight-line (3 -1 c0
liecessary to reach a water depth of four (9) foot.
-•-
The width (hut not the length) of the cross -1)a1: of:
any "'1 or "L" shaped dock shall be included in
the computation of length described in the preceding
sentence. The cross -bar of tiny such dock shall
not measure in excess of twenty-five(2S) feet
in length. No dock shall encroach upon any
dock set -back zone, provided, however, that the
owners of any two abutting lakeshore sites may
erect one common dock within the dock set -back
zone appurtenant to said abutting lakeshore
sites, if said common dock is the only dock on
said two lakeahorc site:, and if said dock
otherwise conforms with the provisions of this
ordinance.
h, Lach recreational beach lot shall have a width,
measured both at the ordinary high water mark
and at a point one hundred (100) feet landward
from the ordinary high water mark, of not less
than four (4) lineal feet for each dwelling unit
which has appurtenant rights of access to said
recreational beach lot accruing to the owners
or occupants of that dwelling unit under applicable
rules of the homeowner association or residential
housing developers.
i. At least eighty percent (80%) of the dwelling
units, which have appurtenant- rights of access
to any recreational beach lot, shall be located
within at least: one thousand (1000) feet of
said recreational_ beach lot.
j . 1111 recreational beach lots, including any
rucrQational beach lots established prior to the
effective date of this ordinance may be used
for swimming beach purposes, but only if
swimming areas are clearly delineated with
official U.S. Coast Guard marker buovs.
-9-
Section G. Section 5 of Ordinance 47, as adopted and
amended heretofore, is hereby amended by adding a Section 5.021,
reading as follows:
Section 5.021. Recreational Beach Lot Mara.
The location of each recreational beach lot existing
on the date of the adoption of this ordinance are
as shown on that certain map entitled "Recreational
Beach Lot Map" dated June 1981
on file in the office of the City Clerk. Said
Recreational Beach Lot Map and all notations,
references, and data shown thereon are hereby
incorporated by reference into this ordinance and
shall have the same effect as if fully set forth and
described hereon. It shall be the responsibility of
the Zoning Administrator to maintain said recreational
beach lot map, and the location of new recreational
beach lots for which conditional use permits have
been issued pursuant to this ordinance, shall be
recorded on said map within thirty (30) days after
issuance of any such conditional use permit.
Section 7. Effect on Existing Recreational Beach Lots.
Recreational Beach Lots established prior to the effective
date of this ordinance which do not meet all of the minimum
standards set forth in Sections 2, 3 4, and 5 above, shall be
deemed to be nonconforming uses; provided, however, that the
continuation provisions of Section 20.01 of Ordinance 47, as
amended, shall not be deemed to apply to recreational beach
lots established prior to the effective date of this ordinance.
Docks or buildings lawfully existing on any
recreational beach lot at the time of the adoption of this
ordinance which do not comply with the limitations set forth in
this ordinance shall be deemed to be nonconforming uses. No
such nonconforming dock or building shall be enlarged or
altered, or increased, or occupy a greater area than that
occupied by such dock or building on the effective date of this
ordinance or any amendment thereto. A nonconforming dock or
building shall not be moved to any other part of the lakeshore
site upon which the same is erected, unless it is relocated
in such a manner as to conform to the dock set -back zone
requirements of this ordinance. Any nonconforming dock or
building which is partially or totally destroyed by any cause may
be restored to its former use and physical dimensions, if said
restoration is completed within one year of its partial or total
_10-
i
destruction. Maintenance and necessary structural repairs
of a nonconforming dock or building are permitted provided that
any such maintenance or repairs do not extend, enlarge, or
intensify such dock or building.
Section 8. Effective Date. This ordinance shall become
effective from and after the passage and publication.
Passed and adopted by the Council on this 18th
day of _ January_ 19 82
c1 �
i 7
Mayd�
Attest:
City Clerk Manager
0
Public hearings held on May 27; June 17; July 22 19 81
Published in Carver County Herald—on Marcam 17 , 19 82
-11-
Recreational Beach Lot Map
(See Section 5.021)
To Be Supplied By Staff
Depicting Location of Existing
Recreational Beach Lots
it
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47- AC
AN ORDINANCE AMENDING SECTION 5.01 OF THE
CHANHASSEN ZONING ORDINANCE
CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 5.01 of Ordinance No. 47 entitled
"The Chanhassen Zoning Ordinance" adopted February 8, 1972,
as amended, is hereby amended to read as follows:
"Section 5.01. Zoning Districts. Ror purposes of
this ordinance, the City of Chanhassen is hereby
divided into classes of zoning districts which are
hereby designated as follows:
RESIDENTIAL DISTRICTS:
R-lA
Agricultural residence district
R-1
Single family residence district
R -1B
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
CBD Central business district.
> INDUSTRIAL DISTRICTS:
1-1 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 AND WATER COURSE DISTRICTS:
F-1 Flood plain and water course district."
SECTION 2. EFFECTIVE DATE. This ordinance becomes
effective from and after its passage and publication.
Passed by the Council this 1st day of
March , 1982. /
Mayor"
Attest:
City Clerk .tanager
1
..,- Published in Carver County herald on
i
March 17 , 1982.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESTOA
ORDINANCE NO. 47 -AD
AN ORDINANCE AMENDING SECTION 6.04 OF
THE CHANHASSEN ZONING ORDINACE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 6.04 of Ordinance No. 47, entitled
'The Chanhassen Zoning Ordinance," adopted February 8, 1972,
and as amended heretofore, is hereby amended to read as follows:
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 neighborhood
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 minature golf courses
operated for commercial purposes.
5. Cemeteries.
6. Commercial radio and television transmission stations.
7. Living quarters for persons employed on the premises
of the permitted use.
8. Greenhouses, tool houses and similar structures
accessory to a private residential use.
- - - — -
Churches, but only if (a) the subject property lies
entirely within the metropolitan urban service area,
as defined from time to time by the Metropolitan
Council of the Twin Cities in its Development Guide,
pursuant to Section 473.145 of Minnesota Statutes; and
(b) the subject property abuts a hard -surfaced
street which is designated as a minor arterial
street or collector street on the City's
i Transportation Plan, as that term is defined in
! §462.352,Subd. 7 of Minnesota Statutes, and (c)
the subject property is designated as residential
I on the City's Comprehensive Municipal Plan, as
that term is defined in §462.352, Subd. 5 of
Minnesota,Statutes.
10. Golf driving ranges and golf driving tees, but not
including minature golf courses operated for profit;
provided that, in addition to such other conditions
as may be prescribed by any conditional use permit,
the following minimum standards shall apply:
a) each site shall have frontage on a public
street which is designated as a minor arterial
in the City's Comprehensive Municipal Plan, and
f b) no site shall be located within 500 feet of three
/ or.more residential buildings.
11. Recreational beach lots, 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 structure, ice fishing house, camper, trailer,
tent, recreational vehicle or shelter shall be erected, maintained,
or stored upon any recreational beach lot; provided, however,
that professionally maintained portable chemical toilet facilities
may be placed upon any recreational beach lot if located not less
than seventy-five (75) feet from the ordinary high water mark.
b. No motor vehicle, including but not limited to any
motorcycle, motorized mini -bike, all -terrain vehicle, or snowmobile,
shall be drivien upon or parked upon any recreational beach lot.
c. No recreational beach lot shall be used for overnight
camping purposes.
d. No recreational beach lot shall•be used for purposes
of overnight storage or overnight mooring of watercraft in abutting
waters, or overnight docking of boats, or other watercraft; provided,
however, that conoes may be stored overnight on any recreational
beach lot if said canoes are stored in canoe racks specifically
designed for that purpose. Docking of watercraft or seaplanes is
. permissible, however, at any time other than overnight.
e. No boat trailer shall be allow --d upon any recreational
beach lot; boats, seaplanes or other watercraft may be launched
from any recreational beach lot if accomplished without the use of
any motor vehicle, trailer, or wheeled dolly.
a 1 docs. c �--„ n d .ck_ �_
No s.=.._sena_. �r �`L..:�,_e:�t �_ sh 1 ' be
Y boachlo ur. `�s said rec read �7na1
" G =;lj' Z-�i=ii'ut5onaz �`-r "'-
beachlot is not less than one hundred (100) feet wide at both the
.. ordinary high water mark and at a point one hundred (100) fee land-
ward from the ordinary high water mark. One dock may be erected
upon any recreational beach lot which meets the minimum dimensional
requirements set forth in both this subparagraph "f" and in sub-
paragraph "g" of this Section 6.04(11).
g. No recreational beach lot dock shall exceed six (6)
feet in width, and no such dock shall exceed the greater of the
following lengths: (a) fifty (50) feet or, (b) the minimum
straight-line distance necessary to reach a water depth of four (4)
feet. The width (but not the length) of the cross -bar of any "T"
or "L" shaped dock shall be included in the computation of length
described in the preceding sentence. The cross -bar of any such dock
shall not measure in excess of twenty-five (25) feet in length.
No dock shall encroach upon any dock set -back zone, provided,
however, that the owners of any two abutting lakeshore sites may
erect me common dock within the dock set -back zone appurtenant to
said abutting lakeshore sites, if said common dock is the only
dock on said two lakeshore sites and if said dock otherwise conforms
with the provisions of this ordinance.
h. Each recreational beach lot shall have a width,
measured both at the ordinary high water mark and at a point one
hundred (100) feet landward from the ordinary high Water mark, of
not less than four (4) lineal feet for each dwelling 'unit which has
appurtenant rights of access to said recreational beach lot accruing
to the owners or occupants of that dwelling unit ;ender applicable
rules of the homeowner association or residential housing developers.
i. At least eight percent (80%) of the dwelling units,
which have appurtenant rights of access to any recreational beach
lot, shall be located within at least one thousand (1000) feet of
said recreational beach lot.
j. All recreational beach lots, including any recreationay
beach lots established prior to the effective date of -this ordinance
may be used for swimming beach purposes, but only if swimming
areas are clearly delineated with official U.S. Coast Guard marker
buoys.
SECTION 2. EFFECTIVE DATE. This ordinance shall become effective
from and after its passage and publication.
Passed and adopted by the Council on this 4th day
of October 1982.
TI/ / � 7�?_'ee
Mayor
Atte
60
..
City Clerk/Manager
o'eraC9o2) P Carver ,i
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AE
AN ORDINANCE AMENDING THE CITY OF CHANHASSEN ZONING ORDINANCE BY
ESTABLISHING DESIGN AND CONSTRUCTION STANDARDS FOR RESIDENTIAL
BUILDINGS CONSTRUCTED IN ANY RESIDENTIAL ZONING DISTRICT.
THE CITY COUNCIL OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. AMENDMENT. The Zoning Ordinance of the City of
Chanhassen, -Minnesota is hereby amended by adding the following
sections:
Section 19.21. Building Design and Construction.
1. All residential buildings designed for use
as single family and two family dwellings which are
constructed, established, or moved into any residen-
tial Zoning`District after the adoption of this ordi-
nance shall meet the following criteria:
a. The minimum dimension of any part of the
basic dwelling shall be twenty (20) feet. This
shall not be construed to prohibit smaller or
narrower individual room additions or to
restrict the use of architectural features not
otherwise prohibited or restricted by this ordi--
nance.
b. The dwelling shall be placed on and firmly
secured to a permanent foundation or concrete
slab which complies with the Chanhassen Building
Code. In the case of residential buildings
placed on concrete slabs, the exterior walls of
the building shall extend to within six (6")
inches of the ground surface and shall com-
pletely enclose the circumference of the
building.
C. Roof lines for any part of the basic
dwelling shall have at least a 3/12 pitch (3
foot vertical rise for each 12 feet of horizon-
tal distance) and shall have eaves of not less
than six (6") inches.
d. Only traditional roofing materials, including
shingles, shingle -like materials, and tile shall
be permitted.
e. The longest dimension of the dwelling
shall be placed facing the street which provides
4
f. Exterior metal siding is permitted only
if it has horizontal edges and overlaps in sec-
tions not wider than twelve (12") inches. Sheet
metal siding of any kind is prohibited.
g. All residential buildings shall have a
ground floor area of not less than seven hundred
(700) square feet, as measured from the inside of
outside walls.
Section 2. AMENDMENT. The Zoning Ordinance of the city of
Chanhassen, Minnesota is hereby amended by adding the following
section:
Section 19.22. Application of Chanhassen Building
Code. In all districts which permit single family
dwellings and two family dwellings, except the R -LMH
District, all single family dwellings and two family
dwellings shall meet the applicable requirements of
the Chanhassen Building Code, as adopted by the City
by Ordinance No. 23B. In R-lMH districts, all manu-
factured dwellings shall meet all applicable require-
ments of the Manufactured Home Building Code, as
promulgated by the Minnesota Commissioner of
Administration pursuant to Chapter.327 of Minnesota
Statutes.
Section 3. EFFECTIVE DATE. This ordinance shall become effec-
tive from and after its passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 20th day of December 1982.
Thomas L. Hamilton•, Mayor
ATTEST:
Don Ashworth, City Clerk/Manager
- Public hearing held on September 9 1982.
Published in the Carver County Herald on December 29
�2-
, 1982.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AF
An Ordinance Amending The City of Chanhassen Zoning Ordinance
by Establishing the R-1MH, Single Family Manufactured Housing
District.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. AMENDMENT. The Zoning Ordinance of the City of
Chanhassen, Minnesota is hereby amended by adding the following
Definitions to Section 4.02:
Manufactured Housing Subdivision: A manufactured housing
development in which the entire developable portion of the
development is subdivided into individual platted lots,
which may be sold or transferred in fee title individually
and separately from either the development as a whole or
the other lots in the development, and on which not more
than one single family manufactured dwelling per lot may
be located in accordance with the provisions of this
ordinance.
Manufactured Housing Planned Residential Development
Any manufactured housing development other than a
manufactured housing subdivision. A manufactured
housing PRD is any manufactured housing develop-
ment which is divided into individual housing
sites which may be sold or transferred in any form
of common ownership. Such developments generally
provide for homeowner's associations and special
private facilities for common use by the residents
of the community ( including ' such facilities as
recreational buildings and play areas, common open
space, laundries, and the like).
Manufactured Housing Development: A manufactured Housing
Subdivision or a manufactured Housing PRD consisting
of a planned aggregation of single family manufactured
dwellings and/or a combination of single family manufac-
tured dwellings and conventional single family dwellings.
Single Family Manufactured Dwelling: A single family
manufactured dwelling is a factory -built structure which
is transportable in one or more sections on its own
running gear or chassis, and which is equipped with
necessary utility service connections and designed to be
used for single-family occupancy without a permanent foun-
dation. Such dwellings shall measure 20 feet or more in
width and 40 feet or more in length, exclusive of sup-
porting members or hitches, and shall have a ground
floor area of not less than seven hundred (700) square
feet. Said dwelling shall also comply with all provi-
sions of the Manufactured Home Building Code, as defined
in Minnesota Statutes Chapter 327.31 Subd. 3, in order
to be moved into the,City of Chanhassen.
SECTION 2. AMENDMENT. The Zoning Ordinance of the City of
Chanhassen, Minnesota is hereby amended by adding the R-1MH
Single Family Manufactured Housing District to Section 5.01.
SECTION 3. AMENDMENT. The Zoning Ordinance of the City of
Chanhassen, Minnesota is hereby amended by adding the following
sections:
Section 6.50. R-lMH Single Family Manufactured
Housing District.
Section 6.51. Purpose. This district is intended to pro-
vide for manufactured housing in subdivided or unsub-
divided developments which are located in desirable
residential environments, and which are provided with full
urban services and the amenities provided in other resi-
dential neighborhoods. Such developments shall be so
located, designed, and improved as to provide protection
from potentially adverse neighboring influences, protec-
tion for adjacent residential properties, access for vehic-
ular traffic without traversing local streets in
adjoining residential neighborhoods, and accessibility
equivalent to that for other forms of permitted residen-
tial development.
Only those areas designated "Residential -Medium Density"
in the City's Comprehensive Plan shall be considered for
inclusion in this District.
Section 6.52. Minimum District Area. Each R-lMH
District shall have an area of not less than twenty (20)
acres.
Section 6.53. Permitted Uses. Within an R-1MH Zoning
District, no building, structure, or land shall be used
except for one or more of the following uses:
1. Single Family Manufactured Dwellings meeting the
Manufactured Home Building Code, as defined in
Minnesota Statutes Chapter 327.31, Subd. 3.; and,
Single Family Dwellings constructed in accordance
with the Chanhassen Building Code.
2. Structures and uses necessary for the opera-
tion or maintenance of a manufactured housing
-2-
3. Parks, playgrounds, community centers, and
noncommercial recreational facilities such as
golf courses, tennis courts, swimming pools,
game rooms, libraries, and the like.
4. Outdoor storage areas designed exclusively for
recreational vehicles, provided that such areas
shall be so designed, improved, and located as to
protect adjoining uses from adverse visual or
other detrimental effects, and provided that such
areas shall occupy, in total, not more than five
(5%) percent of the area of the manufactured
housing -development.
5. Agriculture, except within the area of any
manufactured housing development which has
been improved by the construction of local
streets and utilities.
6. Municipal Buildings and Structures.
7. Public Utilities.
i
8. Uses and structures which are customarily
accessory and clearly incidental to permitted
principal uses and structures. Recreational
Vehicles shall not be occupied as living quar-
ters in any Manufactured Housing Development.
Sales lots for manufactured dwellings are pro-
hibited in this District, but individual dwellings
in residential use may be sold with the site
occupied by such dwelling.
Section 6.54. Development Standards.
1. Lot, Structure, and Yard Regulations.
A. Manufactured Housing Subdivisions:
In the case of a manufactured housing sub-
division, the following minimum requirements
shall be observed:
Lot Area 11,700 sq. ft.
Lot Width at Street
Property Line 60 feet
Lot Width at Building
Setback Line 90 feet
Lot Depth 130 feet
-3-
Front Yard
Side Yard, Principal
Structure
Side Yard, Accessory
Structure
Rear Yard, Principal
Structure
Rear Yard, Accessory
Structure
Maximum Building Height
Maximum Lot Coverage
of all Structures
30
feet
10
feet
10
feet
30
feet
10
feet
35
feet
35%
The maximum number of lots permitted in any
Manufactured Housing Subdivision shall be com-
puted by subtracting the total area to be
dedicated for street right-of-way from the
total gross land area in the subdivision, and
dividing the remaining (net) land area by
15,000. In no case shall the maximum gross
density exceed 2.9 dwelling units per acre.
- The side of the home having the longest
dimension shall be placed facing the street
which provides access to the lot.
B. Manufactured Housing Planned Residential
Developments:
In the case of a manufactured housing com-
munity, the rigid lot area, width, depth, and
rear and side yard requirements in section
6.54(lA) may be waived by the City. However,
in no case shall the minimum distance between
neighboring dwellings be less than twenty (20)
feet, nor shall the required minimum front
yard setback be reduced. The overall density
in such developments shall be consistent with
the Chanhassen Comprehensive Plan, but in no
case shall the maximum gross density exceed
2.9 dwelling units per acre.
2. Landscaping.
A. All areas not used for dwellings, accessory
buildings, access, parking, circulation, and
service shall be completely and permanently
landscaped and the entire development shall be
-4-
2
maintained in good condition. Yards adjacent
to each dwelling shall be sodded and at least
one shade tree having a mimimum 2" caliper
size shall be planted on each homesite within
six (6) months of occupancy of the site. All
other open spaces shall be landscaped with
grass or other suitable ground cover within
six (6) months of initial occupancy of the
development.
The owner of the property shall be responsible
for the installation and maintenance of all
landscaping required in this section.
B. Every Manufactured Housing Development shall
provide a twenty-five (25) foot wide buffer
along all boundaries of the development.
Such buffer shall consist of a vacant strip
of land which shall be landscaped with a
dense combination of deciduous and evergreen
trees, shrubs, and bushes, along with earthen
berms, as necessary to establish an:effective
screen from adjoining properties and streets.
The design of such buffers shall be included
in the landscaping plan for every development,
and shall be approved by the City Council.
The buffer area shall be placed under the
control of a homeowner's association or be
included as part of individual platted lots.
Deed restrictions or private easements
requiring the permanent reservation of all
required buffer areas as open space and
requiring the continued maintenance of all
plant materials and berms shall be filed with
the County Recorder as part of the develop-
ment prior to the issuance of any building
permit or occupancy of any homesite.
C. All signs, mailboxes and accessory lighting
shall be uniform in materials and design and
shall be approved as part of the landscape
plan.
3. Accessory Storage.
The outdoor storage, display or disposal of lawn
and garden equipment, unlicensed motor vehicles,
junk, debris, commercial vehicles or equipment,
or other items is strictly prohibited in this
district, except as provided in Section 6.53(4).
-5-
4. Recreation Areas.
5
A. For Manufactured Housing Subdivisions, the
amount of land to be dedicated or devoted to
recreational areas shall be determined by City
Ordinance No. 14, as amended.
B. In Manufactured Housing PRD's, ten (100) percent
of the total gross area of the development shall
be devoted to common recreational areas and
facilities, such as playgrounds, tot lots,
swimming pools, community buildings, pedestrian
and bicycle trails separated from streets, or
other common open spaces suitable for active
recreation. Such required recreation areas
shall not include the landscape buffer area
required in this section, or any streets or
parking areas.
At least one principal recreation and com-
munity center shall be developed in each Manu-
factured Housing PRD which shall contain not
less than five (5%) percent of the total area of
the development. Said Community Center shall be
maintained in a safe, clean, and sanitary con-
dition.
To qualify as common recreational area, second-
ary play areas for small children, and all
other recreational areas, shall be at least
twenty (20) feet wide at its narrowest dimen-
Sion, and contain not less than one thousand
(1,000) square feet in contiguous area.
An internal pedestrian circulation system
shall be developed to provide access to all
recreational areas developed on the site.
Common Recreational areas shall be closed to
automotive traffic except for maintenance and
service vehicles, and shall be improved and
maintained for the recreational uses intended
and shown on the site development plan.
The recreation area may, upon approval of the
City Council, be accepted by the City as the
required dedication for park purposes set
forth in Ordinance No. 14, as amended. Cash
amounts to be dedicated to the City for
recreation facilities shall be determined as
for conventional single family dwellings.
Parking.
Each dw l l i nq unit shall ba -pros j ded 4I?. th awl
concrete or :asphalt paved parking area designed to
Z�
provide off-street parking for two (2) automo-
biles, and said parking area shall be located on the
same lot or homesite as the dwelling for which it
is intended to serve.
6. Street and Utility Standards.
Local streets developed as part of any manufac-
tured housing development shall comply with all
applicable provisions of the City Subdivison
Ordinance, and shall be constructed in accordance
with all City specifications and requirements.
All developments constructed in this district
shall also conform to all other provisions of the
City Zoning and Subdivison Ordinance relating to
public utilities, including the requirements for
connection to municipal water and sanitary sewer
service, and provision of adequate measures to
control storm water drainage.
7. Community Storm Shelter Facilities:
Every manufactured housing development,
shall include suitable below ground storm shelter
facilities which can accommodate all residents of
the development. Said storm shelter facilities
shall be accessible 24 hours a day between March 1
and November 1, and shall be maintained in a safe
and sanitary condition. The minimum storm shelter
area shall be not less than that determined by
applying the following formula to the specific
development:
Minimum Shelter Area (in sq. ft.) = number of
dwelling units x 2.5 persons per dwelling unit
x 4 square feet/person.
r
$.. Installation Requirements.
Every manufactured home shall be placed on and
firmly secured to a permanent foundation or
concrete slab which complies with the Chanhassen
Building Code. All anchoring and support
8 systems shall be installed according to State
requirements, as defined by the Minnesota
Department of Administration Building Code
Division Rules for mobile home support and tie -
down systems, (as authorized by Minnesota
Statutes Section 327.31 to 327.36) prior to the
occupancy of any manufactured home.
In the case of manufactured homes placed on
concrete slabs, the exterior walls of the
building shall extend to within six (6") inches
OC thc g ound- S— L"Fdc-� _'r -id Z�ihali C01wP!t _e'7' '
enclose the circumference of the building.
-7-
9. General Requirements.
A. Every manufactured housing development shall
comply with all applicable requirements of
Minnesota Statutes, Chapter 327, pertaining to
manufactured homes, and all applicable rules
and regulations of the Minnesota Department of
Health and the Minnesota Department of
Administration.
B. Building permits shall be required for the
construction, installation, or erection of any
dwelling or accessory building or structure in
this district.
C. No manufactured dwelling shall remain in any
manufactured housing development for a period
exceeding fifteen (15) days without an
approved connection to the permanent sanitary
sewer and water system provided within the
development, provided however, that the City
Building Official may extend this period for
an additional fifteen (15) days if special
circumstances exist. In no case shall any
dwelling be occupied prior to connection to
all utilities.
D. All manufactured housing developments shall be
platted or replatted.
Section 6.55. Procedure for._t-1MH Development Plan and
Zoning Review. No person shall erect, establish, extend
or enlarge a manufactured housing development within the
City of Chanhassen without first obtaining approval from
the City Council, following review and recommendation by
the Planning Commission. Approval shall be granted only
upon compliance with all of the following:
1. The application and review process for a manufac-
tured housing development shall be governed by
the procedures set forth in Section 14.05 of this
Ordinance, except as herein modified.
2. The application fee for processing any manufac-
tured housing development proposal shall be the
same as that established for a Planned Development.
3. The site development plan, landscape plan, sub-
division plat, and all other required plan submit-
tals shall comply with all development standards
of this district.
4. The proposed development must be located within
the Metropolitan Urban Service Area, as defined
in the Chanhassen Comprehensive Plan, and must
be seri✓ed by .. l public utilities.
w
5. Development Plans may only be approved by a
majority vote of the City Council.
Section 6.56. Boundaries of the R-1MH District. The
boundaries of the R-11NIH District shall include the
following described tracts and parcels of land:
SECTION 4. EFFECTIVE DATE. This ordinance shall become effec-
tive from and after its passage and publication.
Passed and adopted by the City Council of the City
of Chanhassen this 20th day oA December 1982.
Thomas L. Hamilton, Mayor
ATTEST:
Don Ashworth, City Clerk/Manager
Public Hearing held on August 12, 1982 and continued on
September 9, 1982.
Published in the Carver County Herald on December 29
. 1982.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AG
AN ORDINANCE: AMENDING SECTIONS 4.02, 6.02, 7.02, 8.02, 14.02,
15.02, AND 16002 OF ZONING ORDINANCE NO. 47 AS AMENDED HERETOFORE
AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 4.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to have the definition of
Home Occupation to read as follows:
Home Occupation: Home occupation is any occupation or pro-
fession 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 pur-
pose other than that of a dwelling. There shall be no com-
modities 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 buildings, other than existing agricultural
accessory structures on the effective date of this ordinance,
shall be used for such home occupations. Clinics, hospitals,
barbershops, beauty parlors and animal hospitals are not home
occupations.
SECTION 2. Section 6.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to include:
Section 6.02, subsection 4. Home Occupations.
SECTION 3. Section 7.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to include:
Section 7.02, subsection 2. Home Occupations.
SECTION 4. Section 8.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to include:
Section 8.02, subsection lc and 2c. Home Occupations.
SECTION 5. Section 14.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to include:
Section 14.02, subsection 5. Home Occupations
SECTION 6. Section 15.02 of Ordinance No. 47, as adopted and
amended heretofore, is hereby amended to include:
Section 15.02, subsec,�ion 10, Home Occupations.
SECTION 8. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen City Council this 21st
day of June , 1983.
ATTEST:
Don Ashworth, City Clerk/Manager Thomas L. Hamilton, Mayor
(Published in the Carver County Herald on June 29 1983.)
-2-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AH
AN ORDINANCE AMENDING ORDINANCE NO. 47,
THE CITY'S ZONING ORDINANCE
THE CHANHASSEN CITY COUNCIL ORDAINS:
Section 1. Ordinance No. 47 ss hereby amended by adding the
following language to Section 7.04 entitled Uses by Conditional
Use Permit Within the R-1 District:
11. Adaptive reuse of surplus or vacant public or pri-
vate school buildings for private business uses,
subject to the following criteria:
a. Only non -retail business uses shall be per-
mitted and all such uses shall be conducted
only within an existing building; no outdoor
storage or other outdoor business activities
shall be permitted on the property except
accessory parking and loading, and the use of
existing recreational facilities located on the
premises for recreational activities for which
such facilities are designed.
b. Exterior alteration, except for approved
signage, which indicates from the exterior that
the building is being utilized for other than
educational purposes shall be prohibited.
C. No noxious or offensive trades, services or
activities shall be conducted within the
building nor shall anything be done on any site
which may be or become an annoyance or nuisance
to the adjoining neighborhood by reason of
unsightliness or excessive emission of odors,
fumes, smoke, vibration, dirt, dust, glare,
wastes or noise.
d. Business identification signage shall be
limited to one business directory -type sign
which identifies only the names of businesses
located within the building.
e. Off-street parking spaces and loading facili-
ties shall be provided for each use in a manner
consistent with the minimum parking and loading
requirements of this ordinance for each speci-
fic use. In no case shall any existing parking
or loading area be enlarged unless specifically
approved by the issuance of a Conditional Use
Permit.
Section 2. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen Council this 11th day
of July, 1983.
ATTEST:
1 � �
G .
Don Ashworth, City Clerk/Manager F% Thomas L. Hamilton,` 'Mayor
(Published in the Carver County Herald on July 20 _, 1983).
'CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -AI
AN ORDINANCE AMENDING SECTION 14.11 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE," ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. AMENDMENT.
The Zoning ordinance is hereby further amended by adding the
following tract of land to those tracts of land encompassed
within the boundaries of the P-1, Planned Residential District as
set forth in Section 14.11 as amended heretofore:
8. The plat of Fox Chase containing the tracts of land described
on Exhibit A attached hereto.
SECTION 2. EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of Chanhassen
this 7th day of August , 19 80.
"ir ""-,2 z
Thginas L. Hamilton, Mayor
ATTEST:
z(1
Don Ashworth, City Manager
Public Hearing
held on
August
22 , 1979.
Published on
September
28
� 1983
EXHIBIT "A"
All that part of Govt. Lots 5 and 6 Sec. 1-116-23 described as
follows: Beg. at a pt. in W. line of said Sec. 1, dis. 905 ft.
S. of NW corner of said Sec. 1, said pt. being the center line of
the Excelsior and Eden Prairie Road as now laid out and travelled
(and considering the W. line of said Sec. 1 to be due North and
South line); th. run. N. 89* 20' E. along said center line 170
ft.; th. S. 9* 32' E. 428.3 ft.; th. S. 45* 32' E. 285 ft. more or
less to the shore line of Long Lake; th. Sly. along said shore
line to its intersection with the S. line of said Govt. Lot 5;
th. W. along said S. line 862.1 ft. more or less to the SW corner
of said Govt. Lot 5; th. N. along the W. line of said Govt. Lot 5
1715.3 ft. more or less to the pt. of beg. Subject to public
road rights within the rt/wy of Excelsior and Eden Prairie Road
and subject to an easement for rt/wy over that part of above
described tract reserved to the grantors,....described as
follows: Beg. at pt. of beg. of above described tract; th. N.
89* 20' E. 170 ft.; th. S. 9* 32' E. 33.46 ft. more or less to a
pt. in Sly. rt/wy line of Excelsior and Eden Prairie Road, said
pt. being the actual pt. of beg. of easement to be described; th.
cont. S. 9* 32' E. 30 ft.; th. NWly. to a pt. in Sly. rt/wy line
of Excelsior and Eden Prairie Road dis. 30 ft. W. of actual pt.
of beg.; th. E. along said Sly. rt/wy line 30 ft. to actual pt.
of beg. and; Lots 1 and 11 Vineland.
a
I�
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AJ
Ali ORDINANCE AMENDING ORDINANCE NO. 47, THE CITY'S ZONING
ORDINANCE, ORDINANCE NO. 33, THE CITY'S SUBDIVISION ORDINANCE,
AND REPEALING ORDINANCES NO. 45, 64, 64A and 64B
Section 1. Ordinances No. 45, 64, 64A and 64B are hereby
repealed in their entirety.
Section 2. Ordinance No. 47 is hereby amended by adding
thereto Section 19.23 to read as follows:
Minimum Lot Area, Unsewered Lots. Lot sizes where public sewer
is not available shall conform to the minimum requirements set
forth below.
1. The minimum singl4b family lot size is two and one-half (2J)
acres. This minimum lot size shall not apply to smaller
separate parcels of record in separate ownership lawfully
existing prior to the effective date of this ordinance provi-
sion provided that it can be demonstrated by means satisfac-
tory to the City that the smaller parcels will not result in
groundwater, soil or other contamination which may endanger
the public health.
2. Apartments and multiple family dwellings are not allowable
uses.
3. Subject to other provisions of the zoning ordinance, other
uses may be permitted by conditional use permit. The minimum
lot size for each principal use is two and one-half (21)
acres. A conditional use permit shall not be granted unless
it can be demonstrated by means satisfactory to the City that
the'use: (a) will not result in groundwater, soil or other
contamination which may endanger the public health, (b) will
not increase future City utility service demands and expense,
and (c) will ,not jeopardize public safety and general
welfare.
Section 3. Section 8.06a(2) of Ordinance No. 33 is hereby
amended to read as follows:
Areas Lacking Public Water. and Sanitary Sewer Systems. In areas
which are not served by public water and sanitary sewer systems,
no lot shall be developed for residential purposes unless it con-
tains
on-
tains a minimum of two and one-half ( 2f ) acres in land area and
has a frontage of at least 180 feet at the building set -back
line. The plat may show a feasible plan f_or future resubdivis -r.n
;,{ i:!hIc-y= �.ot s— 4rtz. Abe ��'_ li w1 __..'2: i.. i� r'i 't. ;ham .tZL I: c3
standards of lots in areas served by public water and sanitary
sewer systems. Any final accepted plat not showing such future
resubdivision plan shall not be resubdivided.
Section 4. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen City Council this 22nd
day of August, 1983.
ATTEST: J /
! /
Don Ashworth, City Manager Thomas L. Hamilton, Mayor
(Publish in the Carver County Herald on August 31, 1983).
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -AK
AN ORDINANCE AMENDING SECTION 14.11 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
The City Council of Chanhassen ordains:
SECTION 1. AMENDMENT.
The Zoning Ordinance is hereby further amended by adding the
following tract of land to those tracts of land encompassed -
within the boundaries of P-1, Planned Residential District as set
forth in Section 14.11 as amended heretofore:
9. The plat of Near Mountain containing the tracts of land
described on Exhibit A attached hereto.
SECTION 2. EFFECTIVE DATE.
This Ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 19th day of November-,-�79.
Thomas Hamilton, Mayor
ATTEST:
}
I ;
Don Ashworth, City Manager
Public Hearing held on October 17 , 1979.
Published on October 19 1983.
Exhibit "A"
That part of Section 1, Township 116 North of Range 23 West, described as follows- Commencing at a point in the
West line of said Section 1, distant 905 feet South of the Northwest corner of said Section 1; thence North 89' 20'
East 390 feet to the actual point of beginning of the tract of land to be described, said point of beginning being In
the center line of the Excelsior and Eden Prairie road as now laid out and traveled; thence continuing North 89' 20'
East 198.5 feet to an intersection with the center line of the old Eden Prairie (so called) road as originally laid
out but now abandoned and vacated; thence North 49° 10' East 88.6 feet along the center line of said abandoned road
thence North 29' 59' East 159.4 feet along the center line of said abandoned' road; thence North 45° 20' East 187.1
feet along the center line of said abandoned road; thence North 44° 20' East 225.1 feet along the center line of said
abandoned road; thence North 65' 41' East 212 feet along the center line of said abandoned road; thence North 78'
05' East 89.1 feet more or less along the center line of said abandoned road to its intersection with the East line
of Government Lot 6 of said Section 1; thence North along the East line of said Government Lot 6, 347.9 feet to
the Northeast corner of said Government Lot 6; thence West, along the North line of said Section 1 a distance of
744.15 feet to the United States Government meander comer in the North line of said Section 1. said meAnder
corner being 558.03 feet east of the Northwest corner of said Section 1; thence South 19° 35' West 361.8 feet;
thence South 9° 50' West 327.9 feet; thence South 1* 40' East to the actual point of beginning. Subject however
to a public easement in the existing highway.
That part of Lots 12 and 13, Pleasant View, Carver County, Minnesota, lying Northeasterly of a line running from a
point in the Southeasterly line of said Lot 12 distant 113.2 feet Southwesterly of the most Easterly corner thereof,
to a point in the boundary line between said Lots 12 and 13, distant 149.37 feet Southwesterly of the most Easterly
comer or said Lot 13, and running thence from said point in the boundary line between said Lots 12 and 13 to a
point In the Northwesterly line of said Lot 13, distant 43 feet Northeasterly of the most Westerly corner of said
Lot 13, except the Southeasterly 15 feet of that part of Lot 12 above described.
That part of Government Lot Four (4), Section One (1), Township One Hundred Sixteen (116), Range Twenty Three (2:
Carver County, Minnesota, lying Northeasterly of "Pleasant View", according to the plat thereof on file and of record
in the office of the Register of Deeds, Carver County, Minnesota, and lying between the Northeasterly extensions of d
Northwesterly line of Lot Thirteen (13) and the Southeasterly line of Lot Twelve (12) said "Pleasant View", extended
to the North line of said Government Lot Four (4).
All that part of Government Lot Four (4) of Section One (1), Township One Hundred Sixteen (116), Range Twenty
Three (23), Carver County, Minnesota, lying Northerly of the Northeasterly Line of "Pleasant View", according to
the plat thereof on file and of record in the office of the Register of Deeds, Carver County, Minnesota, and westerly
of the Northeasterly extension of the dividing line between Lots Thirteen (13) and Fourteen (14) of said "Pleasant View'
If extended Northeasterly in a straight line to the North line of said Government Lot Four (4), according to the
Government Survey thereof.
y Lot 14, Pleasant View, according to the plat thereof on file and of record in the office of the Registrar of Titles in
and for said County of Carver and State of Minnesota.
The Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) and the North Half (N 1/2) of the Northeast
Quarter (NE 1/4) except the East 476 feet of the South 525 feet of the Northeast Quarter (NE 1/4) of the Northeast
Quarter (NE 1/4), all in Section 1, Township 116, Range 23, Carver County, Minnesota. According to the
g Government Survey thereof.
-- Tract "A", Registered Land Survey No. 14, files of the Registrar of Titles, County of Carver and State of Minnesota.
C
C
Exhibit "B"
250010500
256760010
250012300
250013400
250013500
250013900
City of Chanhassen
Carver and Hennepin Counties, Minnesota
Ordinance No. 47 -AL
AN ORDINANCE AMENDING SECTION 22 (BOARD OF ADJUSTMENTS AND
APPEALS; VARIANCES) OF ORDINANCE NO. 47 AS AMENDED HERETOFORE AND
ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
The Chanhassen City Council ordains:
SECTION 1. Section 22.01 of Ordinance No. 47 is hereby amended
to read as follows:
22.01 Creation and Membership. There is hereby created a
Board of Adjustments and Appeals which shall consist of three
members appointed by the City Council. All three members of the
Board shall constitute a quorum, and all action of the Board
requires a simple majority 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. Administrative services for the
Board shall be furnished by the Council.
SECTION 2. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen City council this 21st
day of November, 1983.
ATTEST:
Z'L r�eb-sp�f
---
Don Ashworth, ity Manager Thomas L: Hamilton, Mayor
Public Hearing held by the Planning Commission on September 12,
1983.
(Publish in the Carver County Herald on December 7 , 1983.)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -AM
AN ORDINANCE AMENDING SECTION 7.08 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1 AMENDMENT.
Section 7.08 is hereby further amended by adding the
following Tract of land to those tracts of land encompassed
within the boundary of R-1, Single Family Residence District:
The Plat of Barnett's First Addition.
SECTION 2 1EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 19th day of December, 1983.
Thomas L. Hamilton, Mayor
ATTEST:
" � )j L) " C, ze ,
Don Ashworth, City Manager
Public Hearing held on November 30, 1983.
Published on February 15 , 1984.
City of Chanhassen
Carver and Hennepin Counties, Minnesota
Ordinance 47 -AN
AN ORDINANCE AMENDING SECTION 22 (BOARD OF ADJUSTMENTS AND
APPEALS; VARIANCES) OF ORDINANCE NO. 47 AS AMENDED HERETOFORE AND
ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".'
The Chanhassen City Council ordains:
SECTION 1. Section 22 of Ordinance No. 47 is hereby amended to
read as follows:
22.01 Creation and Membership. There is hereby created a
Board of Adjustments and Appeals which shall consist of three
regular members and one alternate -member all of whom are to be
annually appointed by the City Council. Three members of the
Board shall constitute a quorum. The alternate member shall be
empowered to vote only if a regular member is absent from the
Board meeting. 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 chairperson and appoint a
secretary who may, but need not, be one of its members.
Administrative services for the Board shall be furnished by the
Council.
22.02 Powers and Duties. The Board shall have the following
powers and duties:
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 administrative officer in
the enforcement of this ordinance.
2. To hear requests for variances from the literal provisions
of the ordinance in instances where their strict enforcement
would cause undue hardship because of circumstances unique
to the individual property under consideration, and to grant
such variances only when it is demonstrated that such actions
will be in keeping with the spirit and intent of the ordi-
nance. "Undue hardship" as used in connection with the
granting of a variance means the property in question cannot
be put to a reason -able use if used under conditions allowed
by the official controls, the plight of the landowner is due
to circumstances unique to his property not created by the
landowner, and the variance, if granted, will not alter the
essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of the ordinance.
Undue hardship also includes, but is not limited to, inade-
quate access to direct sunlight for solar energy systems.
Variances shall be granted for earth sheltered construction
as defined in Minnesota Statutes Section 116J.06, Subdivision
2, when in harmony with the ordinance. The board shall not
permit as a variance any use that is not permitted under the
ordinance for property in the zone where the affected
person's land is located. The Board may permit as a variance
the temporary use of a one family dwelling as a two family
dwelling. The board may impose conditions in the granting of
variances to insure compliance and to protect adjacent pro-
perties.
3. The Board shall not be empowered to hear requests for lot
width, lot width and lot area variances in conjunction
with the subdivision of land.
22.03 Variance, Findings Required. The Board 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 to the property for
which the variance is sought.
4. That the grantfl�lof the variance will be in keeping with the
spirit and intent of this ordinance.
22.04 Appeals. Where it is alleged that there is an error
in any order, requirement, decision, or determination made by an
administrative officer in the enforcement of this ordinance,
appeals shall be filed within thirty (30) days after the date of
the issuance of such order, requirement, decision or determination.
22.05 Procedures.
1. Form. Appeals and applications for variances shall be
filed with the Zoning Administrator on'forms prescribed
by him. A fee, as established by the City Council, shall
be paid upon the filing of an application for a variance.
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 Adjustments 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
-2-
mailed not less than 10 days before the date of hearing
to the person who filed the appeal or application for
variance to the Chairperson of the Planning Commission, and, in
the case of an application for a variance, to each owner of
property situated wholly or partially within 350 feet
of the property to which the variance application relates
The names and addresses of such owners shall be determined
by the Zoning Administrator from records provided to him by the
applicant.
3. Decisions of the Board. The Board shall be empowered to
decide appeals and grant variances only when the decision
of the Board is by a unanimous vote.
A simple majority vote or split vote by the Board shall
serve as a recommendation only of the Board to the City
Council, who shall then make the final determination on
the appeal or variance request within thirty (30) days
after receipt of the Board's action.
The Board shall act upon all appeals and variance
requests within fifteen (15) days after the date of the close
of the required hearing. The decision of the Board shall be in
writing and shall set forth specific findings of fact. A copy
of the Board's decision shall be transmitted to the appellant
or applicant by mail within fifteen (15) days from the date of
the Board's decision.
4. Appeal from Decisions of the Board. Any person or persons,
jointly or severally aggrieved by any decision of the Board,
including the applicant or any person owning property or
residing within 350 feet of the property to which a
variance application relates, may appeal such decision to
the City Council by filing an appeal with the Zoning
Administrator within fifteen (15) days after the date of
the Board's decision. The procedure governing appeals to
the Board shall also govern appeals to the City Council.
5. Council Action. The City Council may reverse, affirm or
modify, wholly ox"partly, the decision appealed from the
Board. The Council shall decide all appeals within thirty
(30) days after the date of the required hearing thereon.
6. Denial. variances may be denied by the Board and the
Council, and such denial shall constitute a finding and
determination 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.
-3-
7. Action Without Decision. If no decision is transmitted
by the Board to the City Council within sixty (60) days
from the date an appeal or variance request is filed with
the Zoning Administrator, the Council may take action on
the request, in accordance with the procedures governing
the Board, without further awaiting the Board's decision.
22.06 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.
SECTION 2. This ordinance shall become effective from and
after the date of its passage and official publication.
Passed and adopted by the Chanhassen City Council this 13th
day of February , 1984.
ATTEST:
Don Ashworth, City Manager Th mA L, amilton, Mayor/
(Publish in the Carver County Herald on
MEM
February 22 , 1984.)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AO
AN ORDINANCE AMENDING SECTION.7.04, SUBSECTION 11 (USES BY
CONDITIONAL USE PERMIT) OF ORDINANCE 47 AS AMENDED HERETOFORE
AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
The Chanhassen City Council ordains:
Section 1. Section 7.04, Subsection 11 of Zoning Ordinance No.
47 is hereby amended to read as follows:
L 11. Adaptive Reuse of Surplus or Vacant Public or Private
School Buildings for private business uses, subject to
the following criteria:
a. Only non -retail business uses shall be permitted.
All such uses shall be conducted only within an
existing building, except that accessory storage
buildings, accessory outdoor storage or other out-
door business activities and temporary buildings
may be permitted if, in the opinion of the City
_- Council, such outdoor business activities are ade-
quately screened from public view and such activi-
ties will not be detrimental to neighboring
properties. Existing recreational facilities
located on the premises shall be used only for
recreational activities for which such facilities
are designed, unless specifically authorized by the
issuance of a Conditional Use Permit.
b. Exterior alteration, except for approved signage and
k as provided above, which indicates from the exterior
that the building is being utilized for other than
educational purposes shall be prohibited.
c. No noxious or offensive trades, services or activi-
ties shall be conducted within the building nor
shall anything be done on any site which may be or
become an annoyance or nuisance to the adjoining
neighborhood by reason of unsightliness or excessive
emission of odors, fumes, smoke, vibration, dirt,
dust, glare, wastes or noise.
g d. Business identification signage shall be limited to
=' one business directory -type sign which identifies
only the names of businesses located within the
y
building.
e. Off-street parking spaces and loading facilities
shall be provided for each use in a manner con-
sistent with the minimum parking and loading
requirements of this ordinance for each specific
use. In no case shall any existing parking or
loading area be enlarged unless specifically
approved by the issuance of a Conditional Use
Permit.
Section 2. Effective Date. This ordinance shall become effec-
tive from and after the date of its passage and official
publication.
Passed and adopted by the Chanhassen City Council this 16th
day of April, 1984.
ATTEST:
Aai r
Don Ashworth, City Clerk/Manager
Thomas`L. Hamilton, Mayor
(Published summary ordinance in the Carver County Herald on May 2, 1984).
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AP
AN ORDINANCE AMENDING SECTION 6.04 (USES BY CONDITIONAL USE PERMIT
WITHIN AN R-lA, AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47
AS AMENDED HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE
NO. 47".
The Chanhassen City Council ordains:
Section_ 1. Section 6.04 of Zoning Ordinance No. 47 is hereby
amended to read as follows:
12. Commercial Stables and Riding Academies.
Section 2. Effective_ Date. This ordinance shall become effective
from and after the date of its passage and official publication.
Passed and adopted by the Chanhassen City Council this 21st
day of May , 1984.
ATTEST:
Don Ashworth, City-Clerk/Manager
Thomas L. Hamiton, Mayor
Public Hearing held by the Planning Commission on April 25, 1984.
(Published in the Carver County Herald on May 30 1984).
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AQ
AN ORDINANCE AMENDING SECTION 7.08 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1 AMENDMENT.
Section 7.08 is hereby further amended by adding the
following Tract of land to those tracts of land encompassed
within the boundary of R-1, Single -Family Residence District:
Commencing at the Southwest corner of the Northeast
quarter (NEI) of Section Two (2), Township One
Hundred Sixteen (116) North of Range Twenty-three
(23); thence running East thirty (30) rods; thence
North sixteen (16) rods; thence West thirty (30)
rods; thence South sixteen (16) rods to the place of
beginning situated in the Southwest quarter (SWj)
of Northeast Quarter (NEI) of Section 2, Township 116,
Range 23 and containing 3 acres of land, according to
the map or plat thereof on file and of record in the
office of the Register of Deeds in and for the County
of Carver, State of Minnesota.
SECTION 2 EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 25th day of June, 1984.
Th mas L. Hamilton, Mayor
ATTEST:
�s
Don Ashworth, City Manager
Public Hearing held on May 23, 1984.
(Published in the Carver County Herald on July 4, 1984)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AR
AN ORDINANCE AMENDING ORDINANCE NO. 47,
THE CITY'S ZONING ORDINANCE, BY ADDING
WETLAND PROTECTION REGULATIONS
It is hereby ordained by the Chanhassen City Council
as follows:
Section 1. Ordinance No. 47 is amended by adding Section
28 to read as follows:
28.1 STATEMENT OF FINDINGS AND INTENT: Wetlands are a valuable
resource. They help maintain water quality, serve to minimize
problems with flooding and erosion, serve as sources of food and
habitat for a variety of fish and wildlife and are an integral
part of the community's natural landscape providing the aesthetic
benefits of open space and a natural separation of land uses.
It is the intent of this ordinance to establish a program of sound
stewardship through regulations that strive toward zero degradation
of the wetlands by conserving, protecting and enhancing these
environmentally sensitive resources.
28.2 STATEMENT OF PURPOSE: The purpose of this ordinance is
to assure the protection of the general health, safety and welfare
of the residents and the protection of the wetland resources of
the City, for now and in the future, through preservation and
conservation of wetlands and sound management of development by:
I. Establishment of wetland regulations.
2. Requiring proper erosion control practices.
3. Requiring sound management practices that will protect,
conserve, maintain, enhance and improve the present quality
of wetlands within the community.
4. Requiring improved water quality in streams and lakes with
its attendant increase in recreational use and value.
5. Protecting and enhancing the scenic value of the community.
6. Restricting and controlling the harmful effects of land
development which adversely affect wetlands.
7. Reducing the need for piped storm water improvements.
8. Preventing rapid runoff from developed areas.
9. Preventing pollution from gas, oil, salt, fertilizer, sand
and silt.
10. Allowing only development that is compatible with wetland
protection and enhancement.
11. Providing standards for the alteration of wetlands.
12. Controlling development outside of the wetland areas that
may be detrimental to wetlands.
13. Prohibiting dumping of waste in wetlands.
14. Restricting the placement of structures within wetland areas.
15. Drawing attention to the function of wetlands and the impact
of urbanization upon wetlands.
28.3 ESTABLISHMENT OF WETLAND AREAS: Lands lying within a wetland
area shall be subject to the requirements established herein,
as well as restrictions and requirements established by other
applicable city ordinances and regulations. Nothing in Section
28 of this ordinance shall be construed to allow anything otherwise
prohibited in the zoning district where the wetland area is located.
The wetland map, entitled "Chanhassen Wetland Map" dated May 22,
1984 is hereby adopted as prima facie evidence of the wetland
-2-
areas and an official copy is on file in the office of the City
Clerk. Land within the wetland areas shall be classified as Class
A wetland or Class B wetland as delineated on the map.
28.4 Determination of Wetland Area. An applicant for development
which may be in a wetland area shall be obligated to bring this
to the City's attention. If required by the City, the applicant
shall provide appropriate technical information, including but
not limited to, topographic survey and soil data deemed necessary
for the City to determine the exact wetland boundary. The City
Council may exempt land from the wetland regulations if it finds
that the land is not in fact a wetland. The City Council shall
make necessary interpretations concerning the wetland area based
upon the wetland map, the definition of "wetlands" contained herein
and the intent and purpose of this ordinance.
28.5 DEFINITIONS:
1. Council: The City Council of the City of Chanhassen.
2. Development: The construction, installation or alteration
of any structure; the extraction, clearing or modification
of terrestrial or aquatic vegetation or land; the alteration
of the course, current or cross section of any water body
or water courses; platting property.
3. Ordinary High Water Mark: A mark delineating the highest
water level which has been maintained for a sufficient period
7
of time to leave evidence upon the landscape. It is commonly
that point where the natural vegetation changes from predomin-
atelyaquatic to predominately terrestrial.
-3-
4. Person: Any individual, firm, corporation, partnership,
association or other private or governmental entity.
5. Structure: Buildings, fences (except strand wire agricultural
fences), sheds, advertising signs, portable structures, stock
piles, docks, boardwalks, culverts and hard surface parking
areas.
6. Wetland Types: Classifications of Wetlands as defined in
U.S. Department of Interior, Fish and Wildlife Service, Circular
39, "Wetlands of the U.S. 1956".
7. Wetland Watershed: That area of land from which water drains
into a Class A or Class B wetland.
8. Class A Wetlands: Wetland types 3, 4, 5, 6, 7 and 8. In
the case of wetlands adjoining a public waters designated
as lake or pond this class shall also include type 2 wetlands.
Type 2 wetlands shall also be deemed a class A wetland when
adjoining a stream designated as public waters to the extent
that it encroaches upon the 100 year floodplain of the stream.
9. Class B Wetlands: Type 2 wetlands not adjoining a public
waters designated as lake or pond nor within the 100 year
floodplain of a stream designated as public waters.
28.6 PROHIBITED USES IN CLASS A WETLANDS: The following uses
are prohibited in Class A wetlands:
1. Disposal of waste material including, but not limited to,
sewage, demolition debris, hazardous and toxic substances,
and all waste that would normally be disposed of at a solid
waste disposal site or into a sewage disposal system or sanitary
sewer.
s43
2. Solid waste disposal sites, sludge ash disposal sites, hazardous
waste transfer or disposal sites.
3. Septic or soil absorption systems.
4. Sedimentation basins for construction projects.
5. Open storage.
6. Animal feedlots.
7. The planting of any species of the genus Lythrum.
8. Operation of motorized craft of all sizes and classifications.
28.7 PROHIBITED USES IN CLASS B WETLANDS: The following uses
are prohibited in Class B wetlands:
x
1. Disposal of waste material including, but not limited to,
sewage, demolition debris, hazardous and toxic substances,
u and all waste that would normally be disposed of at a solid
waste disposal site or into a sewage disposal system or sanitary
sewer.
2. Solid waste disposal sites, sludge ash disposal sites, hazardous
i
waste transfer or disposal sites.
3. Animal feedlots.
4. The planting of any species of the genus Lythrum.
28.8 ACTIVITIES REQUIRING A WETLAND ALTERATION PERMIT: The follow-
ing activities are prohibited in the Wetland area indicated unless
the City Council issues a wetland alteration permit allowing the
z
activity:
1. Scientific research projects in a Class A or Class B wetland
which alter the wetland.
2. Public works in a Class A or Class B wetland except for
emergency public works which shall not require a wetland
alteration permit.
3. Creation of ponds or dams and alterations of the natural
drainage ways or water courses of a Class A or Class B wetland.
4. Removal from Class A wetland of trees or vegetation except
hay, crops and diseased and storm damaged trees and vegetation
which shall not require a wetland alteration permit.
S. Docks, walkways and boardwalks, within a Class A or B wetland.
6. Installing or replacing drain tile or ditches in a Class
A wetland. Repairing existing drain tile, in a Class A wetland
if the property has not been in active agricultural use during
the 12 months preceding the enactment of this ordinance.
7. Development in any Class A wetland or within 200 feet of
a Class A wetland which is within the wetland's watershed.
8. Septic or soil absorption systems in a Class B wetland.
9. Sedimentation basins in a Class B wetland.
10. Any structure in a Class A or B wetland except for minor
expansion and additions to single family detached dwellings
existing on the date this ordinance is enacted which shall
not require a wetland alteration permit.
11. Digging, dredging, filling in a Class A or B wetland.
12. Advertising signs in a Class A or B wetland.
28.9 WETLAND ALTERATION PERMIT GUIDELINES: No wetland alteration
permit shall be issued unless the Council determines that the
proposed development complies with the following guidelines, as
well as the intent and purpose of this ordinance. In reviewing
wetland alteration proposals reference shall be made to United
States Department of Agriculture Soil Conservation Service under
Runoff, Erosion and Sediment Control Handbook and Technical Field
Guide. If the City Council determines that the required calculations
in a particular instance are needlessly burdensome because of
the area and nature of a proposal, it may agree to a substitute
analysis.
1. Filling. A minimum amount of filling will be allowed when
necessary for the use of property, but only when it will
not have a net adverse effect upon the ecological and hydro-
logical characteristics of the wetland. In determining whether
a proposed development will have a net adverse effect on
the ecological and hydrological characteristics of the wetland,
the Council shall consider, but not limit its consideration
to, the following factors:
(a) Any filling shall not cause total natural flood
storage capacity of the wetland to fall below, or fall below
further, the projected volume of run-off from the watershed
generated by a 5.9 inch rainfall in 24 hours. Since the total
amount of filling which can be permitted is limited,
apportionment of fill opportunities for other properties
abutting the wetland shall be considered.
(b) Any filling shall not cause total natural nutrient
stripping capacity of the wetland to be diminished to an
extent that is detrimental to any area river, lake or stream.
(c) Only fill free of chemical pollutants and organic
_ wastes may be used.
(d) Filling shall be carried out so as to minimize
the impact on vegetation.
(e) Filling in wetland areas will not be permitted
during waterfowl breeding season or fish spawning season,
a
unless it is determined by the City that the wetland is not
used for waterfowl breeding or fish spawning.
2. Dredging. Dredging will,be allowed only when it will not
have a net adverse effect on the ecological and hydrological
characteristics of the wetlands. Dredging, when allowed,
shall be limited as follows:
(a) It shall be located as to minimize the impact on
vegetation.
(b) It shall not adversely change water flow.
(c) The size of the dredged area shall be limited to
the minimum required for the proposed action.
(d) Disposal of the dredged material is prohibited
within the wetland district unless specifically authorized
in the wetland alteration permit.
(e) Disposal of any dredged material shall include
proper erosion control and nutrient retention measures.
(f) Dredging in any wetland area is prohibited during
waterfowl breeding season or fish spawning season, unless
it is determined by the City that the wetland is not used
for waterfowl breeding or fish spawning.
3. Discharges.
(a) Soil loss from a construction site any part of
which is in a wetland or within 200 feet of the wetland that
is within the wetland watershed shall not exceed a rate of
more than 2 tons per acre per year.
(b) Projected soil loss from a completed construction
project shall not exceed 0.5 tons per year if any part of
it is in a wetland or within 200 feet of a wetland that is
within the wetland watershed.
4. Storm Water Runoff. A minimum increase in volume of storm
water runoff to a wetland from a development over the natural
volume of runoff may be allowed when necessary for use of
property but only when it will not have a net adverse effect
upon the ecological and hydrological characteristics of the
wetlands. In no case shall the restrictions on runoff set
out below be exceeded. Since the total increase in runoff
which can be permitted is limited, the Council when consider-
ing permit applications shall consider, in addition to the
following, apportionment of increased runoff opportunity
to all wetland property within the surrounding wetland area.
(a) Storm water runoff from a development may be directed
to the wetland only when free of debris and substantially
free of chemical pollutants and silt, and only at rates which
do not disturb vegetation or increase turbidity. Sheet flow
and other overland drainage of runoff shall be encouraged.
(b) The proposed action shall not cause storm water
runoff on the wetlands to take place at a rate which would
materially exceed the natural rate.
(c) The allowed total increased runoff, in combination
with the total fill allowed, shall not cause total natural
flood storage capacity of the wetland to fall below, or fall
below further, the projected volume of runoff on the whole
developed wetland watershed generated by a 5.9 inch rainfall
in 24 hours.
-9-
(d) The allowed total increase in runoff, in combination
with the total fill allowed, shall not cause total natural
nutrient stripping capacity of the wetland to fall below,
or fall below further, the projected nutrient production
from the whole developed wetland watershed.
28.10 WETLAND ALTERATION PERMIT PROCEDURES: The applicant shall
furnish information if required by the City including but not
limited to, a site plan, topographic data and hydrological data
for the review of a wetland alteration permit application. A wetland
alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the Council
following the review procedures set forth for conditional use
permits. The applicant shall have the burden of proving that the
proposed use or activity complies with the purposes, intent and
other provisions of this ordinance. A permit must be approved
by a 3/5 vote of the Council. The Council may establish reasonable
conditions which are specially set forth in the permit to ensure
compliance with requirements contained in Section 28 of this
ordinance. Such conditions may, among other matters, limit the
size, kind or character of the proposed work, require the
construction of other structures, require replacement of vegetation,
establish required monitoring procedures and maintenance activity,
stage the work over time, require the alteration of the site design
to ensure buffering, require the provision of a performance security.
The granting of a wetland alteration permit does not abrogate
the need to obtain permits required by other Local, state or federal
agencies.
-10-
28.11
TIME OF PERMIT --EXTENSION AND RENEWALS:
1.
Unless otherwise specified by the City Council, a
permittee
shall begin and complete the development authorized
by the
permit within one year after the date the Council
approves
the permit application.
2.
The permittee shall provide written notice to the
City Engineer
24 hours prior to the commencement and completion
of the
development project. No project shall be deemed to
have been
completed until approved by the City Engineer after
receipt
of notice of completion.
3.
If the permittee fails to commence work on the development
within the time specified herein, the permit shall
be void.
The Council may renew a void permit at its discretion.
If
the Council does not renew the permit, the holder
of the
void permit may make original application for a new
permit.
4.
The permittee may make written application to the
Council
for an extension of the time to commence work, but
only if
the permittee submits the application prior to the
date already
established to commence work. The application for
an extension
shall state the reasons the permittee requires an
extension.
28.12 INSPECTION: The City Engineer may cause inspection of
the work to be made periodically during the course of such work
and shall cause final inspection to be made following the comple-
tion of the work.
28.13 RESPONSIBILITY: AFFECT: Neither the issuance of a permit
k nor compliance with the conditions thereof, nor with the provisions
of this chapter shall relieve any person from any responsibility
Q.
-11-
otherwise imposed by law for damage to persons or property; nor
shall the issuance of any permit hereunder serve to impose any
liability on the City or its officers or employees for injury
or damage to persons or property.
28.14 GENERAL DEVELOPMENT REGULATIONS: Within wetland areas
and for lands abutting or adjacent to a horizontal distance of
200 feet, the following minimum general regulations are applicable:
1. Minimum lot area: 15,000 square feet.
2. Minimum structure setback: 75 feet from the ordinary high
water mark.
3. Septic and soil absorption system setbacks: 150 feet from
5 �C'
ordinary high water mark.
4. Lowest ground floor elevation: 3 feet above ordinary high
water mark.
5. No development shall be allowed which may result in unusual
road maintenance costs or utility line breakages due to soil
limitation, including high frost action.
C,6 These regulations may be changed as part of a planned unit
development.
28.15 Variance: The City Council may grant a variance from the
requirements of Section 28 of this ordinance in accordance with
the general variance provisions of this Ordinance. In addition,
a variance may be granted based upon mitigative measures proposed
by the applicant to recreate, to an equal or greater degree, the
environmental and hydrological function of the wetland area that
is proposed to be altered.
-12-
28.16 ENFORCEMENT: In addition to criminal prosecution, the
City may institute injunctive proceedings to correct any violation
of this ordinance. The City may require the complete restoration
of a wetland to its prior natural state at the violator's expense.
28.17 SEVERABILITY: Every section, provision or part of this
ordinance is separable from every other section, provision or
part of this ordinance, and if any section, provision or part
thereof shall be held invalid by any court of competent jurisdiction,
it shall not affect any other section, provision or part of this
ordinance.
28.18 PENALTY: Violators of this ordinance shall be guilty of
a misdemeanor and shall be punishable by a fine not to exceed
$700 or by imprisonment for a period of not to exceed 90 days.
Each day that a violation continues shall constitute a separate
offense.
Section 2. Effective Date. This ordinance shall take
effect and be enforced from and after its passage and publication
in the City's official newspaper.
Adopted this 23rd day of July, 1984.
CITY OF CHANHASSEN
i
ItsMayor
ATTEST: �.
Its City Clerk/Manager
(Published Summary Ordinance in the Carver County Herald
on August 15, 1984).
-13-
},
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AS
AN ORDINANCE AMENDING SECTION 10.10 OF ORDINANCE NO. 47 ENTITLED
"THE CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. AMENDMENT.
Section 10.10 of Chanhassen Zoning Ordinance No. 47 is
hereby further amended by adding the following Tract of land to
those tracts of land encompassed within the boundary of C-2,
Commercial District:
That part of the West half of the Northeast Quarter of
Section 13, Township 116 North, Range 23 West of the 5th
Principal Meridian described as follows:
Commencing at the northwest corner of said West Half of
the Northeast Quarter; thence on an assumed bearing of
South 0 degrees 27 minutes 53 seconds West, along the
west line of said West Half of the Northeast Quarter, a
distance of 1422.70 feet, to the point of beginning of
the land to be described; thence South 89 degrees 32
minutes 07 seconds East a distance of 656.00 feet;
thence North 0 degrees 27 minutes 53 seconds East a
distance of 568.21 feet, to the southerly right-of-way
line of State Highway No. 5 as described in Book 7, Page
40 of Miscellaneous Records; thence South 59 degrees 57
r..
minutes 33 seconds West, along said southerly right-of-
way line, a distance of 116.06 feet, to the east line of
x'
the west 556.00 feet of said West Half of the Northeast
Quarter; thence North 0 degrees 27 minutes 53 seconds
East, along said east line, a distance of 232.12 feet,
to the northerly right-of-way line of State Highway No.
5; thence South 59 degrees 57 minutes 53 seconds West,
along said northerly right-of-way line, a distance of
492.33 feet; thence North 58 degrees 34 minutes 07
seconds West, along said northerly right-of-way line, a
distance of 95.53 feet; thence North 80 degrees 05 minutes
16 seconds West, along said northerly right-of-way
..,
line, a distance of 50.56 feet to the west line of said
West Half of the Northeast Quarter; thence South 0
degrees 27 minutes 53 seconds West, along said west
line, a distance of 549.00 feet to the point of
beginning.
SECTION 2. EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 20th day of August, 1984.
homas Hamilt n, Mayor
'�6-1 an.�
Don
Ashworth, City Clerk/Manager
Public Hearing held on July 25, 1984.
(Published in the Carver County Herald on August 29, 1984)
-2-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AT
AN ORDINANCE AMENDING SECTION 4 (RULES AND DEFINITIONS) AND
SECTION 6.04 (USES BY CONDITIONAL USE PERMIT WITHIN AN R-lA,
AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47 AS AMENDED
HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
The Chanhassen City Council Ordains:
Section 1. Section 4 (Rules and Definitions) of Zoning Ordinance
No. 47 is hereby amended by adding the following definition:
CONTRACTOR'S YARDS: An area or use of land where vehicles,
equipment or construction materials and supplies commonly
used by building, excavation, roadway construction,
landscaping and similar contractors are stored or serviced.
A contractor's yard includes both areas of outdoor storage
and areas confined within a completely enclosed building used
in conjunction with a contractor's business.
Section 2. Section 6.04 (Uses
An R-lA, Agricultural Residence
adding the following language:
13. Contractor's Yards.
by Conditional Use Permit Within
District) is hereby amended by
Section 3. Effective Date. This ordinance shall become effec-
tive from and after the date of its passage and official
publication.
Passed and adopted by the Chanhassen City Council this 20th
day of August, 1984.
ATTEST:
ILI
Don Ashworth, City Clerk/Manager homas L. Hamilton Mayor
Public Hearing Held by the Planning Commission on July 25, 1984.
(Publish in the Carver County Herald on August 29, 1984).
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AU
AN ORDINANCE AMENDING SECTION 17.09 OF ORDINANCE 47 THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 17.09 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore, is hereby further amended by adding the
following tract of land to those tracts of land encompassed
within the boundaries of the Planned Industrial Development
District, P-4, as set forth in said Section 17.09 as amended
heretofore:
The northerly 2100 feet of the East half of the Northeast
Quarter of Section 15, Township 116, Range 23, Carver County,
Minnesota according to the Government survey thereof;
EXCEPTING therefrom that part lying Southeasterly of the
Southeasterly right-of-way line of the abandoned right-of-way
of Hastings and Dakota Railway Company, its successors and
assigns; subject to the portions taken from State Highway No.
5 and County Road No. 17, and any easement of record, if any;
and subject to an easement for State Highway No. 5, and
County Road No. 17.
SECTION 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed and adopted by the Chanhassen City Council this
day of October, 1984.
ATTEST:
c
Don As worth, City Clerk Manager!Comas L. Hami ton, Mayor
(Published in the Carver County Herald October 1984)
r
r
ORDINANCE NO. 47 -AV
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE NO. 47
THE CITY'S ZONING ORDINANCE
The Chanhassen City Council ordains as follows:
Section 1. Ordinance No. 47 § 19.10 is amended to read
as follows:
1. Permit Required. No one may move a used building into or within
the city except upon issuance of a permit issued by the City
Council.
2. Application. An application for a permit shall be filed with
n the City, accompanied by a $100 application fee. The application
shall contain the following information:
a. A photograph of the building;
b. A complete description of the building;
C. A site plan;
d. The age and condition of the building.
The application shall be referred to the City Building Inspec-
tor for the inspector's recommendation. The recommendation
shall be forwarded to the City Council.
3. Hearing. The City Council shall conduct a hearing on the appli-
cation preceded by at least ten days' mailed notice to all
property owners within 350 feet of the site where it is proposed
to relocate the building. Failure to send such notice shall
not, however, invalidate the proceeding.
4. Standards. All used buildings moved into or within the City
shall comply with the following requirements:
a. Compliance with the Uniform Building Code substantive
requirements for new construction;
b. The building is well maintained and in a good state
of repair;
C. Compliance with the City's zoning ordinance.
5. City Council Action. The City Council shall approve the permit
subject to such reasonable conditions and restrictive regula-
tions as may be appropriate if the standards set forth above
are met. If the building does not satisfy the requirements
for a permit, the City Council may issue a permit on condition
that the building is brought into compliance within a reasonable
period of time as determined by the City Council. The City
Council may further condition approval upon the applicant fur-
nishing a letter of credit satisfactory to the City from a
bank sufficient to cover the necessary work to bring the build-
ing into compliance.
Section 2. This ordinance shall be in effect immediately
upon its passage and publication.
Adopted this 10th day of September 1984.
CITY OF CHANHASSEN
BY
Th mas Hamilton, Mayor
ATZT
C5
City Clerk
(Publish in the Carver County Herald on October 24, 1984).
-2-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AW
AN ORDINANCE AMENDING SECTION 11.04 (USES BY CONDITIONAL USE
PERMIT WITHIN THE C-3, COMMERCIAL SERVICES DISTRICT) OF ORDINANCE
47 AS AMENDED HERETOFORE AND ENTITLED "CHANHASSEN ZONING
ORDINANCE NO. 47".
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 11.04 (Conditional Uses) of Zoning
Ordinance No. 47 is hereby amended by adding the following
language:
7. Outdoor storage
8. Warehousing and cold storage
SECTION 2. Effective Date. This ordinance shall become
effective from and after its passage and official publication.
Passed and adopted by the Chanhassen City Council this 3rd
day of December, 1984.
ATTEST:
L—'-
Don Ashworth, City Clerk/Manager
1 *1 L
omas L. Hamilt n, Mayor
(Published in the Carver County Herald December 19, 1984)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AX
AN ORDINANCE AMENDING SECTION 7.08 OF ORDINANCE 47 "THE
g_ CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 7.08 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore, is hereby further amended by adding the
following tract of land to those tracts of land encompassed
within the boundaries of the Single Family Residence District,
R-1, as set forth in said Section 7.08 as amended heretofore:
That part of Government Lot 3, Section 4, Township 116 North,
Range 23 West of the 5th Principal Meridian described as
follows: Beginning at the southeast corner of Government Lot
2 in said Section 4; thence east along the north line of said
Government Lot 3, a distance of 680.00 feet; thence south
parallel with the east line of the Northeast Quarter of said
Section 4, a distance of 396.00 feet; thence southwesterly,
to a point on the southerly extension of the east line of
said Government Lot 2, distant 550.00 feet southerly from the
southeast corner of said Government Lot 2; thence northerly,
along said southerly extended line, a distance of 550.00
feet, to the point of beginning.
SECTION 2. Effective Date. This ordinance shall become effec-
tive from and after its passage and publication.
Passed and adopted by the Chanhassen City Council this 17th
day of December, 1984.
s:
ATTEST:
40,--, (1�b
Don Ashworth, City Clerk/Manager
(Publish in the Carver County Herald on January 2 , 1985)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AZ
AN ORDINANCE AMENDING SECTION 4 (RULES AND DEFINITIONS) AND
SECTION 6.04 (USES BY CONDITIONAL USE PERMIT WITHIN R-lA,
AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47 AS AMENDED
HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 4 (Rules and Definitions) of Zoning
Ordinance No. 47 is hereby amended by adding the following
definition:
j
Bed and Breakfast: An owner occupied principle dwelling in
which five (5) or less rooms are rented on a nightly basis
for a period of less than seven (7) days. Meals may or may
not be provided to residents and overnight guests.
SECTION 2. Section 6.04 (Uses by Conditional Use Permit Within
an R-lA, Agricultural Residential District) is hereby amended by
adding the following language:
15. Bed and Breakfast Establishments.
SECTION 3. Effective Date. This ordinance shall become
effective from and after its passage and official publication.
Passed and adopted by the Chanhassen City Council this 21st
day of January, 1985.
ATTEST: %
Don Ashworth, City Clerk/Manager Thomas L. Hamilton', Mayor
(Public hearing held by the Planning Commission on December 12, 1984)
�J
}7 '
L`S
9'
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -AY
AN ORDINANCE AMENDING SECTION 4 (RULES AND DEFINITIONS) AND
SECTION 6.04 (USES BY CONDITIONAL USE PERMIT WITHIN R-lA,
AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47 AS AMENDED
HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 4 (Rules and Definitions) of Zoning
Ordinance No. 47 is hereby amended by adding the following
definition:
Nurseries: An enterprise which conducts the wholesale of
plants grown on site as well as accessory items directly
related to their care and maintenance (but not including
power equipment such as gas or engine lawn mowers and farm
implements).
SECTION 2. Section 6.04 (Uses by Conditional Use Permit Within
an R-lA, Agricultural Residential District) is hereby amended by
adding the following language:
14. Wholesale nurseries.
SECTION 3. Effective Date. This ordinance shall become
effective from and after its passage and official publication.
Passed and adopted by the Chanhassen City Council this 21st
day of January, 1985.
ATTEST: 7
Don Ashworth, Ci --6y Clerk/Manager Thomas L. Hamilton, Mayor
(Public hearing held by the Planning Commission on December 12, 1984)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BA
AN ORDINANCE AMENDING SECTION 4 (RULES AND DEFINITIONS) AND
SECTION 6.04 (USES BY CONDITIONAL USE PERMIT WITHIN R-lA,
AGRICULTURAL RESIDENCE DISTRICT) OF ORDINANCE 47 AS AMENDED
HERETOFORE AND ENTITLED "CHANHASSEN ZONING ORDINANCE NO. 47".
The Chanhassen City Council ordains:
SECTION 1. Section 4 (Rules and Definitions) of Zoning
Ordinance No. 47 is hereby amended by adding the following
definition:
Group Home: A state licensed residential facility where
persons reside for purposes of rehabilitation, treatment or
special care. Such persons may be orphaned, suffer chemical
or emotional impairment, or suffer social maladjustment or
dependency.
SECTION 2. Section 6.04 (Uses by Conditional Use Permit Within
R -la, Agricultural Residence District) is hereby amended by
adding the following language:
16. Group homes for 7-16 persons subject to the following
conditions:
a. Compliance with Building and Fire Codes.
b. Compliance with Ordinance 10A, Individual Sewage
Treatment Systems.
c. Compliance with state licensing requirements.
d. Public hearing process on an annual basis.
e. No group home shall be located within one and
one-half mile of another group home facility.
SECTION 3. Effective Date.
This ordinance shall take effect immediately upon
its passage and publication.
Passed and adopted by the Chanhassen City Council this 18th
day of March 1985.
ATTEST:
s
Don Ashworth, City Clerk Manager M yo omas L. amilton
(Public Hearing by Planning Commission February 27, 1985).
(Publish in the Carver County Herald on March 27, 1985).
C
C-2, Conmerical District
That part of the West Half of the Northeast Quarter of Section 13,
Township 116 North, Range 23 West of the 5th Principal Meridian, lying
south of the southerly right of way line of State Highway No. 5 as
described in Book "Z" of Miscellaneous at Page 60, recorded in the
office of the Register of Deeds, County of Carver, EXCEPT that part
which lies northerly and westerly of the following described line: .
Commencing at the northwest corner of the West Half of the
Northeast Quarter of said Section 13; thence southerly along the
west line of said West Half of the Northeast Quarter a distance of
1422.70 feet to the beginning of the line to be described; thence
easterly, at right angles to said west line, a distance of 656.00
feet; thence northerly at right angles a distance of 568.14 feet,
more or less, to the intersection with the southerly right of way
line of said highway, and said line there terminating.
Which lies northerly of the following described line:
Beginning at a point on the east line of the West Half of the
Northeast Quarter of said Section 13, distant 2045.14 feet north
of the southeast corner of said West Half of the Northeast
Quarter, said east line having an assumed bearing of North 0
degrees 38 minutes 17 seconds East; thence southwesterly 448.95
feet along a non-tangential curve, concave to the southeast,
having a central angle of 69 degrees 31 minutes 17 seconds, a
radius of 370.00 feet and a chord of 421.91 feet, said chord bears
South 35 degrees 15 minutes 39 seconds west; thence South 0
degrees 30 minutes West, tangent to the last described curve,
90.00 feet; thence southwesterly, 421.21 feet along a tangential
curve, concave to the northwest, having a central angle of 60
degrees 20 minutes and a radius of 430.00 feet; thence South 60
degrees 40 minutes West, tangent to the last described curve,
533.64 feet; thence southwesterly 243.74 feet along a tangential
curve, concave to the northwest, having a central angle of 31
degrees 20 minutes and a radius of 445.70 feet; thence North 88
degrees West, tangent to the last described curve, 164.79 feet to
the west line of the West Half of the Northeast Quarter of said'
Section 13 and said line there terminating.
9►.1. i
P-1, Planned Residential Development District
The Northwest Quarter of the Southeast Quarter of Section 13, Township
116 North, Range 23 West of the 5th Principal Meridian, except the west
353.00 feet of the north 270.00 feet thereof. ALSO
That part of the. West Half of the Northeast Quarter of Section 13,
Township 116 North, Range 23 West of the 5th Principal Meridian, lying
south of the southerly right of way fine of State Highway No. 5 as
described in Book "Z" Miscellaneous at .Page 60, recorded In the Office
of the Register of Deeds, County of Carver, EXCEPT the two following
described tracts of land. Said tracts are described as follows:
1. The west 353.00 feet of the south 270.00 feet of the West Half
of the Northeast Quarter.of said Section 13.
2. The west 193.00 feet of the north 303.00 feet of the south
573.00 feet of the West Half of the Northeast Quarter of said
Section 13.
Which Iles southerly of the following described line:
Beginning at a point on the east line of the West Half of the
Northeast Quarter of said Section 13, distant 2045.14 feet north
of the southeast corner of said West Half of the Northeast
Quarter, said east line having an assumed bearing of North 0
degrees 38 minutes 17 seconds East; thence southwesterly 448.95
feet along a non-tangential curve, concave to the southeast,
having a central angle of 69 degrees 31 minutes 17 seconds, a
radius of 370.00 feet and a chord of 421.91 feet, said chord bears
South 35 degrees 15 minutes 39 seconds west; thence South 0
degrees 30 minutes West, tangent to the last described curve,
90.00 feet; thence southwesterly, 421.21 feet along a tangential
curve, concave to the northwest, having a central angle of 60
degrees 20 minutes and a radius of 430.00 feet; thence South 60
degrees 40 minutes West, tangent to the last described curve,
533.64 feet; thence southwesterly 243.74 feet along a tangential
curve, concave to the northwest, having a central angle of 31
degrees -20 minutes and a radius of 445.70 feet; thence North 88
degrees West, tangent to the last described curve, 164.79 feet to
the west line of the West Half of the Northeast Quarter of said
Section 13 and said line there terminating.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BB
AN ORDINANCE AMENDING SECTION 10.10 AND SECTION 14.11 OF
ORDINANCE NO. 47 "THE CHANHASSEN ZONING ORDINANCE" ADOPTED ON
FEBRUARY 8, 1972
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 10.10 of Ordinance No. 47 is hereby
further amended by adding the following tract of land described
in Exhibit A to those tracts of land emcompassed within the
boundaries of the C-2, Commercial District.
SECTION 2. Section 14.11 of Ordinance No. 47 is hereby
further amended by adding the following tract of land described
in Exhibit B to those tracts of land emcompassed within the
boundaries of the P-1, Planned Residential Development District.
SECTION 3. This ordinance shall become effective from and
after its passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 15th day of July 1985.
r�
J Thomas L. Hamilton , Mayor
Attest:
i
Don Ashworth, City-Clerk/Manager
(Public hearing held on April 12 and 24, 1985.)
(Publish in the Carver County on July 24, 1985)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47-BC
AN ORDINANCE AMENDING SECTION 17.02 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS: "
SECTION 1 AMENDMENT.
Section 17.02 (Permitted Uses within the P-4, Planned
Industrial Development District) is hereby amended by adding the
following language:
5. Off-premise parking.
SECTION 2 EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 19th day of August , 1985.
z L
z
oma L. Hamil ton , Mayor
ATTEST:
Don Ashworth, City Manager
Public Hearing held on August 14, 1985.
(Publish in the Carver County Herald on rLugusr 28, 1985).
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BD
AN ORDINANCE AMENDING SECTION 14 (PLANNED RESIDENTIAL DEVELOPMENT
DISTRICT) OF ORDINANCE 47 AS AMENDED HERETOFORE AND ENTITLED
"CHANHASSEN ZONING ORDINANCE NO. 47".
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 14 (Planned Residential Development
District) of Zoning Ordinance No. 47 is hereby amended by adding
the following:
Section 14.12 Conditional Uses
1. Churches subject to the following conditions:
a. The church site must be served by a collector or
major arterial street.
b. The church site must be within the Metropolitan
Urban Service Area.
SECTION 2. Effective Date. This ordinance shall become
effective from and after its passage and official publication.
Passed and adopted by the Chanhassen City Council this 9th
day of September, 1985.
ATTEST:
Don Ashworth, City Clerk/Manager Th mas L. 'Hamilton, Mayor
(Public hearing held by the Planning Commission on August 28, 1985)
CARVER AND
CITY OF CHANHASSEN
HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BE
AN ORDINANCE AMENDING SECTION 17.09 OF ORDINANCE 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASS'EN ORDAINS:
SECTION 1. Section 17.09 of Ordinance No. 47 entitled "The
Chanhassen Zoning Ordinance", adopted February 8, 1972, and as
amended heretofore, is hereby further amended by adding the
following tract of land to those tracts of land encompassed
within the boundaries of the Planned Industrial Development
District, P-4, as set forth in said Section 17.09 as amended
heretofore:
Part of the north half of the southwest quarter of Section
14, Township 116, Range 23, Carver County, Minnesota,
described as follows: Beginning at a point on the west line
of said north half of the southwest quarter, 821.90 feet,
measured along said west line, southerly of the northwest
corner of said north half of the southwest quarter said west
line assumed to bear South 2 degrees 11 minutes 01 seconds
East, thence North 87 degrees 48 minutes 59 seconds East, a
distance of 550.00 feet; thence North 2 degrees 11 minutes 01
seconds West, parallel with said west line, a distance of
180.00 feet; thence North 32 degrees 05 minutes 05 seconds
West, a distance of 662.31 feet to the southeasterly right of
way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad, as recorded in Book 23 of Deeds, page 266; thence
South 55 degrees 32 minutes 41 seconds West, along said
southeasterly right of way line, a distance of 260.00 feet to
said west line of the north half of the southwest quarter;
thence South 2 degrees 11 minutes 01 seconds East, along said
west line, a distance of 615.32 feet to the point of
beginning. Subject to County Road No. 17 over the westerly
33.00 feet to the above described parcel.
SECTION 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed and adopted by the Chanhassen City Council this 18th
day of November, 1985.
ATTEST:
Don Ashwort , City Clerk/Manager Thomas L. amilto Mayor
V
(Published in the Carver County Herald on November 27, 1985 )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BF
AN ORDINANCE AMENDING SECTION 6.04 OF ORDINANCE NO. 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1 AMENDMENT.
Section 6.04, Conditional Uses in the R -la Districts, is
hereby further amended by adding the following:
17. Electrical substations subject to the following con-
ditions:
a. The substation must be served by a collector or
major arterial street as designated in the
Comprehensive Plan.
b. The substation will not have sanitary facilities
and will not be used for habitation.
C. The substation will be located on at least five (5)
acres of property.
d. A six (6) foot high security fence surround the
substation.
e. A landscaping plan be submitted for City approval.
f. Substations shall be a minimum of 500 feet from
single family residences.
Additionally, to amend Section 4, Rules and Definitions of
the Zoning Ordinance to include:
Power Substations: A facility comprising of transmission
towers, transformers, power equipment, and structures
necessary to house said equipment."
SECTION 2 EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 2nd day of June, 1986.
ATTEST:
s.
Don Ashworth,
City Manager
omas L. Hamilton, Mayor
Public Hearing
held on February 12,
1986.
(Published in
the South Shore Weekly
News on June 26, 1986)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BG
AN ORDINANCE AMENDING SECTION 19.03 OF ORDINANCE NO. 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED FEBRUARY 8, 1972.
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
CP0TT(W 1 Am mnm NT
Section 19.03 of Ordinance No. 47 is hereby further amended
by adding the following:
3. In all residential districts, the front yard setback
requirement shall be observed on each street side of
a corner lot; provided, however, that the remaining
two yards will meet the side yard setbacks.
SECTION 2 EFFECTIVE DATE.
This ordinance shall become effective from and after its
passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen this 2nd day of June, 1986.
ATTEST:
i
Don Ashworth, City Manager Thomas L. Hamilton, Mayor
s Public Hearing held on May 14, 1986.
(Published in the South Shore Weekly News on June 12, 1986)
N
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BH
AN ORDINANCE AMENDING SECTIONS 6.04
7.04, 14.04 OF THE CHANHASSEN ZONING ORDINANCE
THE CITY COUNCIL ORDAINS:
SECTION 1. Section 6.04, subparagraph 10 of Ordinance 47,
the Zoning Ordinance, is amended in its entirety to read as follows:
Recreational beach lots provided the following minimum standards
are met in addition to such other conditions as may be prescribed
in the permit:
A. Recreational beach lots shall have at least 200 feet of
lake frontage.
B. No structure, portable chemical toilet, ice fishing house,
camper, trailer, tent, recreational vehicle or shelter
shall be erected, maintained or stored upon any recreational
beach lot.
C. No boat, trailer, motor vehicle, including but not limited
to cars, trucks, motorcycles, motorized mini -bike, all -terrain
vehicle or snowmobile shall be driven upon or parked upon
any recreational beach lot.
D. No recreational beach lot shall be used for overnight
camping.
E. Boat launches are prohibited.
F. No recreational beach lot shall be used for purposes of
overnight storage or overnight mooring of more than three
(3) motorized or non -motorized watercraft per dock. If
a recreational beach lot is allowed more than one dock,
however, the allowed number of boats may be clustered.
Up to three (3) sail boat moorings shall also be allowed.
Canoes, windsurfers, sail boards, and small sail boats
may be stored overnight on any recreational beach lot
if they are stored on racks specifically designed for
that purpose. No more than one (1) rack shall be allowed
per dock. No more than six (6) watercraft may be stored
on a rack. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
G. No dock shall be permitted on any recreational beach lot
unless it has at least 200 feet of lake frontage and the
lot has at least a 100 foot depth. No more than one dock
may be erected on a recreational beach lot for every 200
feet of lake frontage. In addition, 30,000 square feet
of land is required for the first dock and an additional
20,000 square feet is required for each additional dock.
No more than three (3) docks, however, shall be erected
on a recreational beach lot.
H. No recreational beach lot dock shall exceed six (6) feet
in width, and no such dock shall exceed the greater of
the following lengths: (a) fifty (50) feet or, (b) the
minimum straight-line distance necessary to reach a water
depth of four (4) feet. The width (but not the length)
of the cross -bar of any "T" or "L" shaped dock shall be
included in the computation of length described in the
preceding sentence. The cross -bar of any such dock shall
not measure in excess of twenty-five (25) feet in length.
I. No dock shall encroach upon any dock set -back zone, provided,
however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set -back
zone appurtenant to the abutting lakeshore sites, if the
common dock is the only dock on the two lakeshore sites
and if the dock otherwise conforms with the provisions
of this ordinance.
F J. No sail boat mooring shall be permitted on any recreational
beach lot unless it has at least 200 feet of lake frontage.
No more than one sail boat mooring shall be allowed for
every 200 feet of lake frontage.
K. At least eighty percent (80%) of the dwelling units, which
have appurtenant rights of access to any recreational
beach lot, shall be located within at least one thousand
(1,000) feet of the recreational beach lot.
L. All recreational beach lots, including any recreational
beach lots established prior to the effective date of
this ordinance may be used for swimming beach purposes,
but only if swimming areas are clearly delineated with
marker buoys which conform to United States Coast Guard
standards.
M. Each recreational beach lot shall have a width, measured
both at the ordinary high water mark and at a point one
hundred (100) feet landward from the ordinary high water
mark, of not less than four (4) lineal feet for each dwelling
unit which has appurtenant rights of access to the recre-
ational beach lot accruing to the owners or occupants
of that dwelling unit under applicable rules of the homeowner
association or residential housing developers.
N. Overnight docking, mooring, and storage of watercraft,
where allowed, is restricted to watercraft owned by the
owner/occupant or renter/occupant of homes which have
appurtenant right of access to the recreational beach
lot.
-2-
0. The placement of docks, buoys, diving ramps, boat racks,
and other structures shall be indicated on a site plan
approved by the City Council.
SECTION 2. Section 7.04, subparagraph 9 of Ordinance 47,
the Zoning Ordinance, is amended in its entirety to read as follows:
Recreational beach lots provided the following minimum standards
are met in addition to such other conditions as may be prescribed
in the permit:
A. Recreational beach lots shall have at least 200 feet of
lake frontage.
B. No structure, portable chemical toilet, ice fishing house,
camper, trailer, tent, recreational vehicle or shelter
shall be erected, maintained or stored upon any recreational
beach lot.
s =,
C. No boat, trailer, motor vehicle, including but not limited
to cars, trucks, motorcycles, motorized mini -bike, all -terrain
vehicle or snowmobile shall be driven upon or parked upon
any recreational beach lot.
D. No recreational beach lot shall be used for overnight
camping.
E. Boat launches are prohibited.
F. No recreational beach lot shall be used for purposes of
overnight storage or overnight mooring of more than three
(3) motorized or non -motorized watercraft per dock. If
a recreational beach lot is allowed more than one dock,
however, the allowed number of boats may be clustered.
Up to three (3) sail boat moorings shall also be allowed.
Canoes, windsurfers, sail boards, and small sail boats
may be stored overnight on any recreational beach lot
if they are stored on racks specifically designed for
that purpose. No more than one (1) rack shall be allowed
per dock. No more than six (6) watercraft may be stored
on a rack. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
G. No dock shall be permitted on any recreational beach lot
unless it has at least 200 feet of lake frontage and the
lot has at least a 100 foot depth. No more than one dock
may be erected on a recreational beach lot for every 200
feet of lake frontage. In addition, 30,000 square feet
of land is required for the first dock and an additional
20,000 square feet is required for each additional dock.
No more than three (3) docks, however, shall be erected
on a recreational beach lot.
H. No recreational beach lot dock shall exceed six (6) feet
in width, and no such dock shall exceed the greater of
3
-3-
• . r
the following lengths: (a) fifty (50) feet or, (b) the
minimum straight-line distance necessary to reach a water
depth of four (4) feet. The width (but not the length)
of the cross -bar of any "T" or "L" shaped dock shall be
included in the computation of length described in the
preceding sentence.,The cross -bar of any such dock shall
not measure in excess of twenty-five (25) feet in length.
I. No dock shall encroach upon any dock set -back zone, provided,
however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set -back
zone appurtenant to the abutting lakeshore sites, if the
common dock is the only dock on the two lakeshore sites
and if the dock otherwise conforms with the provisions
of this ordinance.
J. No sail boat mooring shall be permitted on any recreational
beach lot unless it has at least 200 feet of lake frontage.
No more than one sail boat mooring shall be allowed for
every 200 feet of lake frontage.
K. At least eighty percent (80%) of the dwelling units, which
have appurtenant rights of access to any recreational
beach lot, shall be located within at least one thousand
(1,000) feet of the recreational beach lot.
L. All recreational beach lots, including any recreational
beach lots established prior to the effective date of
this ordinance may be used for swimming beach purposes,
but only if swimming areas are clearly delineated with
marker buoys which conform to United States Coast Guard
standards.
M. Each recreational beach lot shall have a width, measured
both at the ordinary high water mark and at a point one
hundred (100) feet landward from the ordinary high water
mark, of not less than four (4) lineal feet for each dwelling
unit which has appurtenant rights of access to the recre-
ational beach lot accruing to the owners or occupants
of that dwelling unit under applicable rules of the homeowner
association or residential housing developers.
N. Overnight docking, mooring, and storage of watercraft,
where allowed, is restricted to watercraft owned by the
owner/occupant or renter/occupant of homes which have
appurtenant right of access to the recreational beach
lot.
0. The placement of docks, buoys, diving ramps, boat racks,
and other structures shall be indicated on a site plan
approved by the City Council.
SECTION 3. Section 14.04, subparagraph 2 of Ordinance 47,
4'
the Zoning Ordinance, is amended in its entirety to read as follows:
-4-
Recreational beach lots provided the following minimum standards
are met in addition to such other conditions as may be prescribed
in the permit:
A. Recreational beach lots shall have at least 200 feet of
lake frontage.
B. No structure, portable chemical toilet, ice fishing house,
camper, trailer, tent, recreational vehicle or shelter
shall be erected, maintained or stored upon any recreational
beach lot.
C. No boat, trailer, motor vehicle, including but not limited
to cars, trucks, motorcycles, motorized mini -bike, all -terrain
vehicle or snowmobile shall be driven upon or parked upon
any recreational beach lot.
D. No recreational beach lot shall be used for overnight
camping.
E. Boat launches are prohibited.
F. No recreational beach lot shall be used for purposes of
overnight storage or overnight mooring of more than three
(3) motorized or non -motorized watercraft per dock. If
a recreational beach lot is allowed more than one dock,
however, the allowed number of boats may be clustered.
Up to three (3) sail boat moorings shall also be allowed.
Canoes, windsurfers, sail boards, and small sail boats
may be stored overnight on any recreational beach lot
if they are stored on racks specifically designed for
that purpose. No more than one (1) rack shall be allowed
per dock. No more than six (6) watercraft may be stored
on a rack. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
G. No dock shall be permitted on any recreational beach lot
unless it has at least 200 feet of lake frontage and the
lot has at least a 100 foot depth. No more than one dock
may be erected on a recreational beach lot for every 200
feet of lake frontage. In addition, 30,000 square feet
of land is required for the first dock and an additional
20,000 square feet is required for each additional dock.
No more than three (3) docks, however, shall be erected
on a recreational beach lot.
H. No recreational beach lot dock shall exceed six (6) feet
in width, and no such dock shall exceed the greater of
the following lengths: (a) fifty (50) feet or, (b) the
minimum straight-line distance necessary to reach a water
s depth of four (4) feet. The width (but not the length)
of the cross -bar of any "T" or "L" shaped dock shall be
included in the computation of length described in the
preceding sentence. The cross -bar of any such dock shall
y not measure in excess of twenty-five (25) feet in length.
-5-
I. No dock shall encroach upon any dock set -back zone, provided,
however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set -back
zone appurtenant to the abutting lakeshore sites, if the
common dock is the only dock on the two lakeshore sites
and if the dock otherwise conforms with the provisions
of this ordinance.
J. No sail boat mooring shall be permitted on any recreational
beach lot unless it has at least 200 feet of lake frontage.
No more than one sail boat mooring shall be allowed for
every 200 feet of lake frontage.
K. At least eighty percent (80%) of the dwelling units, which
have appurtenant rights of access to any recreational
beach lot, shall be located within at least one thousand
(1,000) feet of the recreational beach lot.
L. All recreational beach lots, including any recreational
beach lots established prior to the effective date of
this ordinance may be used for swimming beach purposes,
but only if swimming areas are clearly delineated with
marker buoys which conform to United States Coast Guard
standards.
M. Each recreational beach lot shall have a width, measured
both at the ordinary high water mark and at a point one
hundred (100) feet landward from the ordinary high water
mark, of not less than four (4) lineal feet for each dwelling
unit which has appurtenant rights of access to the recre-
ational beach lot accruing to the owners or occupants
of that dwelling unit under applicable rules of the homeowner
association or residential housing developers.
N. Overnight docking, mooring, and storage of watercraft,
where allowed, is restricted to watercraft owned by the
s
owner/occupant or renter/occupant of homes which have
appurtenant right of access to the recreational beach
lot.
O. The placement of docks, buoys, diving ramps, boat racks,
and other structures shall be indicated on a site plan
approved by the City Council.
SECTION 4. This Ordinance shall become effective immediately
after—its passage and publication.
Passed and adopted by the Chanhassen City Council this 21st
day of July, 1986.
CITY OF ANHASSEN
BY:��
d
ATTEST: T omas L. Hamilton, Mayor
t (Publish in the South Shore
City Clerk Manager News on August 7, 1986)
-6-
J
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -BI
AN ORDINANCE AMENDING SECTION 14.11 OF ORDINANCE NO. 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED ON FEBRUARY 8, 1972
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 14.11 of Ordinance No. 47 is hereby
further amended by adding the following tract of land within the
boundaries of the P-1, Planned Residential Development District:
1. South Lotus Lake Addition according to the map or plat
filed thereof in the office of the County Recorder, in
and for the County of Carver, Minnesota.
Section 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen, Minnesota this 8th day of September, 1986.
ATTEST:
IL, anc,
Don Ashworth, City Clerk/Manager
Public hearing held on June 12, 1985.
1
Z 7
omas L.'Hamiltori, May6r
(Publish in the South Shore News on September 18 1986)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47 -RT
AN ORDINANCE AMENDING SECTION 14.11 OF ORDINANCE NO. 47 "THE
CHANHASSEN ZONING ORDINANCE" ADOPTED ON FEBRUARY 8, 1972
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
Section 1. Section 14.11 of Ordinance No. 47 is hereby
further amended by adding the following tract of land within the
boundaries of the P-1, Planned Residential Development District:
1. Chanhassen Vista Addition according to the map or plat
filed thereof in the office of the County Recorder, in
and for the County of Carver, Minnesota.
Section 2. Effective Date. This ordinance shall become
effective from and after its passage and publication.
Passed and adopted by the City Council of the City of
Chanhassen, Minnesota this 8th day of September, 1986.
ATTEST:
n,
Don Ashworth, Ci y Clerk/Manager T1omas L.'Hamilton, Mayor
Public hearings held on May 28, 1986 and June 25, 1986.
(Publish in the South Shore News on September 18 , 1986)
S
{
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 47 -BK
AN ORDINANCE AMENDING THE CHANHASSEN ZONING ORDINANCE
BY ADDING PROVISIONS CONCERNING GRADING AND EROSION CONTROL
The City Council of Chanhassen ordains:
Section 1. Chanhassen Ordinance No. 47 is amended by adding
Section 19.24 to read as follows:
19.24. Grading and Soil Erosion Plans
1. Whenever deemed necessary, a satisfactory ero-
sion control and grading plan must be approved
by the City Engineer before a building permit is
issued for construction. Said plan is to
address on-site grading activities as well as
protection of adjacent slopes, streets, lakes,
ponds, drainageways, wetlands, and developed
property.
2. A satisfactory grading and erosion control plan
shall provide spot elevations of proposed grades
in relation to existing grades on the subject
property and adjacent land. Areas where the
finished slope will be steeper than five (5)
units horizontal to one (1) vertical shall be
specifically noted. Also, locations of erosion
control (staked hay bales or reinforced silt
fence) shall be clearly labeled.
3. Every effort shall be made to minimize distur-
bance of existing ground cover. No grading or
filling shall be permitted within forty (40)
feet of horizontal distance to the ordinary high
water mark of a water body unless specifically
approved by the City. Also, to minimize the
erosion potential of exposed areas, restoration
of ground cover shall be provided as quickly as
possible after completion of the grading opera-
tion.
4. Every effort shall be made during the building
permit application process to determine the full
extent of erosion control required. However,
the City Engineer shall be empowered to require
additional controls to correct specific site
related problems as normal inspections are per-
formed.
er-
formed.
p
5. All erosion control measures noted on the
approved plan shall be installed prior to the
initiation of any site grading. Noncompliance
with the grading and erosion control plan shall
constitute grounds for an order from the
City Engineer to halt all construction.
Section 2. This ordinance shall be effective immediately
upon its passage and publication.
Adopted by the Chanhassen City Council this 6th day of
October, 1986.
ATTEST:
r
Don Ashworth, City- lerk/Manager
<-, // ,, z,,4_
T L. Hamilton, Mayor
(Publish in the South Shore Weekly News on October 23, 1986)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE 47-B L
AN ORDINANCE AMENDING CHANHASSEN ZONING ODINANCE NO. 47,
REPEALING SECTION 19.13 AND AMENDING SECTIONS 14.01 - 14.07 AND
REPEALING SECTION 15 TO PROVIDE FOR PLANNED UNIT DEVELOPMENT
REGULATIONS
THE CHANHASSEN CITY COUNCIL ORDAINS:
Section 1. Section 19.13, Planned Unit Development require -
is hereby repealed.
ments
Section 2. Section 14.01 through 14.07, P-1, Planned
Residential Development District shall be amended as follows:
SECTION 14. P-1 PLANNED UNIT DEVELOPMENT DISTRICT (PUD):
14.01 Intent. Planned unit developments are to provide for
and encourage creative site planning and subdivisions
of high quality through the use of:
1. Variety. Within a comprehensive site design con-
cept, a mixture of land uses, housing types, and
densities.
2. Sensitivity. Through the departure from the strict
application of required setbacks, yard areas, lot
sizes, and other minimum requirements, and perfor-
mance standards associated with traditional
zoning, planned unit developments can maximize the
development potential of land while remaining sen-
sitive to its unique and valuable natural charac-
teristics.
3. Efficiency. The more efficient use of land and
public services, consolidation of areas for
recreation, reductions in street lengths and other
utility related expenses.
4. Density. An increase/transfer of density may be
allowed at the sole discretion of the City
utilizing the following factors:
a. The area where the density is transferred must
be within the project area and owned by the
proponent.
b. Density transfer in single family detached
areas will be evaluated using the items listed
in Section 14.03 (A). Density transfer eligible
for multiple family areas are not permitted to
be applied to single family areas.
C. Density transfer for other projects other than
single family detached development shall be
evaluated based on the standards in Section
14.03 (B).
d. In no case shall the overall density of the
development exceed the gross density ranges
identified in the Comprehensive Plan.
5. District Integration. The combination of uses
which are allowed in separate zoning districts,
such as:
a. Mixed residential allowing both densities and
unit types to be varied within the project.
b. Mixed residential with increased density
acknowledging the greater sensitivity of PUD
projects.
C. Mixed land uses with the integration of com-
patible land uses within the project.
6. Parks and Open Space. The creation of public open
space may be required by the City. Such park and
open space shall be consistent with the
Comprehensive Plan and overall trail plan.
Private open space may be created if the area is
not located in a park deficient area as identified
in the Comrpehensive Plan. The owner shall agree
to provide for the continuing maintenance of the
open space and be responsible for liability
insurance and local taxes.
14.02 Allowed Uses. A PUD may include only those uses con-
sistent with the general land use category for the area
on the official Comprehensive Plan. Specific uses and
performance standards for each PUD shall be delineated
in a development plan.
14.03 Required Standards. The City shall consider the
proposed PUD from the point of view of all standards
and purposes of the Comprehensive Land Use Plan to
coordinate between the proposed development and the
surrounding uses. The City shall consider the loca-
tion of buildings, compatibility, parking areas and
other features with respect to the topography of the
area and existing natural features; the efficiency,
adequacy and safety of the proposed layout of streets;
the adequacy and location of green areas; the ade-
quacy, location and screening of noncompatible land
uses and parking areas.
:PZ
A. In developments where single family detached areas
are proposed, the following standards shall apply:
1. The average lot size may be reduced below
15,000 square feet if in the opinion of city
staff/commission/council, the plan includes
features desirable to the city. A maximum
reduction of up to 10% below 15,000 square
feet may be granted if the proposal contains
items in the list below or proposes other
features which are also above and beyond stan-
dard development requirements. In no case,
however, shall the average lot size fall below
13,500 square feet or the minimum lot size
fall below 12,000 square feet.
Item
Housing variety including differentiation in
housing types, housing exteriors and floor
plans.
*Preservation of natural site features,
wetlands, lowlands, wooded areas, etc. not
protected by the DNR or City ordinances
Creation of park/public areas for active and
passive park use or other public purpose such
as schools, public buildings, etc. which meet
the intent of the Park and Recreation Chapter
of the Comprehensive Plan.
Installation of public improvements designed
to serve areas beyond the project boundary.
Installation of off street pedestrian ways.
A reasonable number of available lots are
designed for solar/energy conservation housing.
Landscaping plan showing additional boulevard
trees, rear yard treatments, buffering from
existing developments, etc., beyond required
standards.
Preservation of historically significant sites.
Other feature areas deemed appropriate
by the City Council.
* Wetlands already protected by the Department
of Natural Resources or the City's Wetland
Ordinance will not be considered for density
transfer.
-3-
2. The minimum single family detached lot width
is 80 feet at the building setback line.
3. 50% of the single family lots must contain at
least 15,000 square feet.
4. In calculation of the average lot size, each
lot size in excess of 20,000 square feet shall
be calculated to contain only 20,000 square
feet.
5. Lot sizes adjacent to existing developments shall
approximate in lot size and lot width.
B. In developments where uses other than single family
detached structures are proposed, the City may con-
sider a density transfer upon proof by the applicant
that some of the following features are being pro-
vided: Preservation of natural site features,
wetlands, lowlands, wooded areas, etc. not protected
by the DNR or City ordinances; Creation of
park/public areas for active park use or other
public purpose such as schools, public buildings,
etc. which meet the intent of the Park and
Recreation Chapter of the Comprehensive Plan;
Installation of public improvements designed to
serve areas beyond the project boundary;
Installation of off street pedestrian ways; struc-
ture design conducive to solar energy features;
Landscaping plan showing additional boulevard trees,
rear yard treatments, buffering from existing
developments, etc., beyond required standards.
C. In any PUD, no clear cutting of woodland areas
shall be permitted. Shade trees of six inches or
more caliper shall be saved unless it can be
demonstrated that there is no other feasible way
to develop the site. The Council may require
replacement of any removed trees on a caliper inch
per caliper inch basis. At least one tree per,lot
shall be incorporated into the plan, such tree
shall be a minimum of 2 caliper inches.
Coniferous trees shall be a minimum of 6 feet in
height. This is not to preclude the removal of
diseased or dead trees.
14.04 Coordination with Subdivision Regulations.
Subdivision review under the subdivision regulations
shall be carried out simultaneously with the review of
a PUD. The plans required under this chapter shall be
submitted in addition to or in a form which will
satisfy the requirements of the subdivision ordinance
for the preliminary and final plat.
-4-
x
14.05 Procedure for Processing a Planned Unit Development.
1. Preapplication Conference. Prior to filing an
application for PUD, the applicant shall attend a
conference with the City. The primary purpose of
the conference shall be to provide the applicant
with an opportunity to gather information and
obtain guidance on the general merits of the pro-
posal and its conformity to the provisions of this
ordinance before incurring substantial expense.
2. General Concept Plan.
a. The General Concept Plan provides an oppor-
tunity for the applicant to submit a plan to
the City showing the basic intent and the
general nature of the entire development
without incurring substantial cost. The plan
shall include the following:
1) Overall gross and net density.
2) Identification of each lot size and lot
width.
3) General location of major streets and
pedestrian ways.
4) General location and extent of public and
common open space.
5) General location and type of land uses and
intensities of development.
b) Staging and time schedule for development.
7) The tentative written consent of all prop-
erty owners within the proposed PUD shall
ne filed with the City before the staff
commences review. Approval of the concept
statement shall not obligate the City to
approve the final plan or any part thereof
or to rezone the property to a planned
unit development district. The final
acceptance of land uses is subject to the
following procedures.
b. Schedule.
1) Developer meets with the City staff to
discuss the proposed developments.
2) The applicant shall file the concept stage
application and concept plan, together
with all supporting data.
-5-
3) The Planning Commission shall conduct a
hearing and report its findings and make
recommendations to the City Council.
Notice of the hearing shall consist of a
legal property description, description of
request, and be published in the official
newspaper at least ten (10) days prior to
the.hearing, written notification of the
hearing shall be mailed at least ten (10)
days prior thereto to owners of land
within three hundred fifty feet (350') of
the boundary of the property and an on-
site notification sign erected.
4) Following the receipt of the report and
recommendations from the Planning
Commission, the City Council shall con-
sider the proposal. If the Planning
Commission fails to make a report within
sixty (60) days after receipt of the
application, then the City Council may
proceed without the report. The Council
may approve the concept plan and attach
such conditions as it deems reasonable.
Approval shall require a 4/5 vote of the
entire Council
3. Development Stage. Following general concept
approval, the applicant shall submit the develop-
ment stage application, preliminary plat and fee.
If appropriate because of the limited scale of the
proposal, the concept stage and preliminary plan
stages may proceed simultaneously.
a. The applicant shall file the development plans
and preliminary plat, together with all sup-
porting data.
b. With the appropriate notifications, the
Planning Commission shall conduct the hearing
on the preliminary plat and the rezoning and
report its findings and make recommendations
to the City Council for their action.
C. The Development Stage shall include but not be
limited to:
1) A preliminary plat and information
required by the City subdivision ordinance.
2) Approved development plan drawn to a scale
of not less than one (1) inch equals one
hundred (100) feet containing at least the
following information:
Q-12
a) Proposed name of the development.
b) Property boundary lines and dimensions
of the property and any significant
topographical or physical features of
the property.
c) The location, size, use and
arrangement including height in
stories and feet and total square feet
of ground area coverage and floor area
of proposed buildings, and existing
buildings which will remain, if any.
d) Location, dimensions of all driveways,
entrances, curb cuts, parking stalls,
loading spaces and access aisles, and
all other circulation elements
including bike and pedestrian; and the
total site coverage of all circulation
elements.
e) Location, designation and total area
proposed to be conveyed or dedicated
for private and public open space,
including parks, playgrounds, school
sites and recreational facilities.
f) The location, use and size of struc-
tures and other land uses located
within 200 feet of the property boun-
dary.
g) A natural resource analysis iden-
tifying existing vegetation areas
consisting of forest and wood lots as
well as wetlands and wetlands vegeta-
tion; the geology, slope, soil and
groundwater characteristics of the
site; existing lakes, streams, ponds,
drainage swales, runoff setting areas,
and flood plains must be identified;
analysis of the relationship of the
proposed use of the existing natural
conditions listed above.
Also, a proposed landscaping plan,
including location of existing plants,
identification of species, caliper
size and acreage.
h) Location, type and size of all graphics
and signage.
i) Any other information that may have
been required by the Planning
-7-
Commission or Council in conjunction
with the approval of the general con-
cept plan.
3) An accurate legal description of the
entire area within the PUD for which final
development plan approval is sought.
4) A tabulation indicating the number of
residential dwelling units and expected
population.
5) A tabulation indicating the gross square
footage, if any, of commercial and
industrial floor space by type of activity.
6) Preliminary architectural "typical" plans
indicating use, floor plan, elevations and
exterior wall finishes of proposed
building, including manufactured homes.
7) Preliminary grading and site alteration
plan illustrating areas of vegetation to
be retained and removed and areas of
existing topography to be changed. Plan
should clearly reflect the site treatment
and its conformance with the approved con-
cept plan. Tree protection practices
during construction shall also be
identified.
8) A Soil Erosion Control Plan acceptable to
watershed districts, Department of Natural
Resources, Soil Conservation Service or
any other agency with review authority
clearly illustrating erosion control
measures to be used during construction
and as permanent measures.
9) Protective covenants and Homeowners
Association bylaws.
d. The City may request additional information
from the applicant concerning operational fac-
tors or retain expert testimony at the expense
of the applicant concerning operational
factors.
4. Final Stage. Following preliminary plat approval,
the applicant shall prepare and submit the final
plat and execute the development contract prepared
by the City. If appropriate because of the
limited scale of the proposal, the General Concept
Plan, the Development Stage Plan and the final
plat may proceed simultaneously. The City Council
shall then consider the submission for final
approval and rezoning to PUD.
CM
14.06 Control of Planned Unit Development During Construction
and Following Completion:
1. The use of the land and the construction, modifi-
cation or alteration of any buildings or struc-
tures shall be governed by the final development
plan.
2. After the certificate of occupancy has been
issued, no chagnes shall be made in the approved
final development plan except:
a. Any minor extensions, alterations or modifica-
tions of existing buildings or structures may
be authorized by the City Planner if they are
consistent with the purposes and intent of the
final plan. No change authorized by this sec-
tion may increase the bulk of any building or
structure by more than ten percent (10%).
b. Any building or structure that is totally or
substantially destroyed may be reconstructed
only in compliance with the final development
plan unless an amendment to the final develop-
ment plan is approved.
C. Changes in uses, any rearrangement of lots,
blocks and building tracts, changes in the
provision of common open spaces, and all other
changes to the approved final development plan
may be made only after a public hearing conducted
by the Council. Any changes shall be recorded as
amendments to the final development plan.
3. If in the opinion of the City, development has not
progressed reasonably well according to the
approved schedule, the developer shall be required
to submit a statement to the City setting forth
reasons for the lack of progress. The Planning
Commission may initiate rezoning to eliminate the
PUD zoning classification if it finds that the
development has not occurred according to the
adopted schedule. It shall not be necessary for
the City Council to find that the rezoning to a
PUD was in error.
4. The construction and provision of all of the com-
mon open space and public improvements and
recreational facilities which are shown on the
final development plan must proceed at the same
rate as the construction of dwelling units or
other private facilities.
Section 3. Section 15, P-2, Planned Unit Development
District is hereby repealed.
-9-
Section 4. Effective Date. This ordinance shall become
effective from and after its passage and publication.
ATTEST:
Don Ashworth, Ey Clerk/Manager
Th mas L. Hamilton, Mayor
Public hearing held on September 10, 1986.
(Publish in the South Shore News on
-10-
December 11 , 1986)
SUMMARY ORDINANCE
ORDINANCE NO. 47 -BJ
AN ORDINANCE AMENDING CHANHASSEN ZONING ORDINANCE NO. 47,
REPEALING SECTION 19.13 AND AMENDING SECTIONS 14.01 THROUGH 14.07,
AND REPEALING SECTION 15 TO PROVIDE FOR PLANNED UNIT
DEVELOPMENT REGULATIONS
On December 1, 1986 the Chanhassen City Council adopted an ordi-
nance regulating Planned Unit Developments. The P-1 District has
been created to establish provisions to encourage creative site
planning and subdivisions of high quality. Required standards
are included to use as a basis for transfer of density in
single-family detached developments, multiple family developments
and other PUD applications. Regulations are also provided to
coordinate with subdivision regulations and mor processing a
planned unit development application. The P-2 District has been
repealed.
This ordinance is in full force commencing on the date of the
publication of this summary.
Don Ashworth
City Manager
(Publish in the South Shore Weekly News on December 11, 1986)