2c. Zoning Ordinance to create Bluff Line Preservation On 9/23/91/, the City Council
approved first reading of this
/I ordinance amendment. Second
reading is recommended.
11 CITY OF CHANHASSEN
C ARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING_ CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
The City Council of the City of Chanhassen ordains:
' Section 1. Section 20 -1, Definitions is hereby amended by
adding the following:
Bluff. Bluff means a natural topographic feature such as a
1 hill, cliff, or embankment having the following characteristics:
(1) The slope rises at least 25 feet above the toe of the
bluff; and
(2) The grade of the slope from the toe of the bluff to a
point 25 feet or more above the toe of the bluff averages
1 30% or greater.
(3) An area with an average slope of less than 18% over a
' distance for 50 feet or more shall not be considered part
of the bluff.
Bluff Impact Zone. Bluff impact zone means a bluff and land
located within 20 feet from the top of a bluff.
' Vegetation Clearing. Vegetation clearing means the complete
removal of existing vegetative cover in such a manner as to
expose the soil to air and water erosion contiguous patch,
strip, row or block.
Toe of the bluff. Toe of the bluff means the point on a bluff
where there is, as visually observed, a clearly identifiable
' break in the slope, from flatter to steeper slope above. If
no break in the slope is apparent, the toe of the bluff shall
be determined to be the lower end of a 50 foot segment,
measured on the ground, with an average slope exceeding 18 %.
' Top of the bluff. Top of the bluff means the point on a bluff
where there is, as visually observed, a clearly identifiable
' break in the slope, from steeper to gentler slope above. If-
no break in the slope is apparent, the top of the bluff shall
be determined to be the upper end of a 50 foot segment,
measured on the ground, with an average slope exceeding 18 %.
Section 2. Chapter 20 of the Chanhassen City Code is amended
by adding Article XXVIII to read. as follows:
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ARTICLE XXVIII.
BLUFF PROTECTION
Section 20 -1400. Statement of Intent.
Development, excavation, clearcutting and other activities
within the bluff impact zone may result in increased dangers of
erosion, increased visibility to surrounding properties and thereby
endanger the natural character of the land and jeopardize the
' health, safety, and welfare of the citizens of the City. To
preserve the character of the bluff impact zone within the City,
alteration to land or vegetation within will not be permitted
except as regulated by this Article and by the regulations of the
1 underlying zoning district where the property is located.
Section 20 -1401. Structure Setbacks.
(1) Structures, including but not limited to decks and
accessory buildings, except stairways and landings, are
' prohibited on the bluff and must be set back from the top
of the bluff and toe of the bluff at least thirty (30)
feet.
' (2) On parcels of land on which a building has already been
constructed on June 1, 1991, the setback from the top of
the bluff is five (5) feet or existing setback, whichever
' is more, for additions to an existing building. Any new
buildings will have to meet the 30 foot setback.
Section 20 -1402. Stairways, Lifts and Landings.
' Stairways and lifts may be permitted in suitable sites where
construction will not redirect water flow direction and /or increase
drainage velocity. Major topographic alterations are prohibited.
Stairways and lifts must receive an earth work permit and must meet
the following design requirements:
1 (1) Stairways and lifts may not exceed four (4) feet in width
on residential lots. Wider stairways may be used for
commercial properties, public open space recreational
properties, and planned unit developments.
(2) Landings for stairways and lifts on residential lots may
not exceed thirty -two (32) square feet in area. Landings
larger than thirty -two (32) square feet may be used for
commercial properties, public open space recreational
' properties, and planned unit developments.
(3) Canopies or roofs are not allowed on stairways, lifts, or
landings.
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(4) Stairways, lifts and landings may be either constructed 1
above the ground on posts or placed into the ground,
provided they are designed and built in a manner that
ensures control of soil erosion. 1
(5) Stairways, lifts and landings must be located in the most
visually inconspicuous portions of lots. 1
(6) Facilities such as ramps, lifts, or mobility paths for
physically handicapped persons are also allowed, provided
that the dimensional and performance standards of sub-
items (1) to (5) are complied with.
Section 20 -1403. Removal or Alteration of Vegetation. 1
Removal or alteration of vegetation within a bluff impact zone
is prohibited except for limited clearing of trees and shrubs and
cutting, pruning and trimming of trees to provide a view from the
principal dwelling site and to accommodate the placement of
stairways and landings and access paths.
Removal or alteration of vegetation must receive prior
approval of the Planning Director or designee. An on site review
will be made to determine if the removal or alteration of
vegetation will require new ground cover. In no case shall clear
cutting be permitted. City staff will work with the property owner
to develop a mean of creating a view while minimizing disturbance
to the bluff impact zone.
Section 20 -1404. Topographic Alterations /Grading and Filling.
An earth work permit will be required for the movement of more
than ten (10) cubic yards of material within bluff impact zones.
The permit shall be granted if the proposed alteration does not
adversely affect the bluff impact zone or other property.
Topographic alterations /grading and filling within the bluff impact
zone shall not be permitted to increase the rate of drainage. The
drainage from property within the bluff impact zone may not be
redirected without a permit from the City. Fill or excavated
material shall not be placed in bluff impact zones.
Section 20 -1405. Roads, Driveways and Parking Areas. 1
Roads, driveways, and parking areas must meet structure
setbacks and must not be placed within bluff impact zones when
other reasonable and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these areas, and must
be designed to not cause adverse impacts. ,
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Section 20 -1406. Official Map.
This Article shall apply only to the bluff impact zones
located on the official bluff impact zone map dated June 1, 1991,
as amended from time to time, which is incorporated herein by
reference and which is on file with the City Clerk. The official
map may be administratively changed by the Planning Director based
upon the submittal of topographic survey data prepared by a
registered engineer or surveyor.
Section 20 -1407. Reconstruction of Lawful Nonconforming
Structures.
Lawful nonconforming structures that have been damaged or
destroyed may be reconstructed provided that it is reconstructed
within one year following its damage or destruction and provided
' the nonconformity is not materially increased.
Section 3. This ordinance shall be effective immediately upon
its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1991.
ATTEST:
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Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1991.)
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