B City Code Review Chapter 20 CITYOF
7700 Marl~et Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952~2271100
Fax: 952 2271110
Building Inspections
Phone: 952.227.1100
Fax: 952.2271190
Engineering
Phone:952.2271160
Fax:9522271170
Finance
Phone: 952,2271140
Fax: 952.2271110
Park & Recreation
Phone: 9522271120
Fax: 952.2271410
Recreation Center
2310 Coulter Boulevard
Phone: 952.2271400
Pax: 9522271404
Planning &
Natural Resources
Phone: 952 2271130
Fax: 952,2271110
Pablic Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.2271310
Senior Center
Phone: 9522271125
Fax: 9522271110
Web Site
www ci.chanhassen mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manager
Bob Generous, Senior Planner
February 9, 2004
Code Amendments, Chapter 20 Zoning
BACKGROUND
Previously, the City Council has reviewed Chapters 1 - 19 of the city code. At
this work session, we will attempt to review portions of Chapter 20 to receive
City Council input and direction. We will be using the draft revisions to facilitate
discussion.
Staff has previously provided the City Council with binders that have been
divided by chapters. Please include these draft revisions to Chapter 20 to your
binder.
RECOMMENDED ACTION
Staff is requesting the City Council review the proposed changes to Chapter 20
and provide comments and direction on these changes.
The City of Chanhassen "' A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails and beaulgul parks A great place to live, work, and play.
CODE AMENDMENTS
12/27/02
7/11/03
Chapter 20, Zoning
Article I
Sec. 20-1, definitions
*Delete in its entirety. Definitions are being consolidated in Chapter 1 of the Cit~ Code.
~Auto service center] means an integrated group of commercial establishments or single
establishments planned, developed, and managed as a unit with off-street parking
provided on site and providing uses engaged primarily in the supplying of goods and
services generally required in the operation and maintenance of motor vehicles. These
may include sale and servicing of tires, batteries, automotive accessories, replacement
items, washing and lubricating services, and the performance of minor automotive
maintenance and repair. This does not include major body repair where it is necessary to
provide long term storage of cars and body parts.
*Recommended by MCC.
*Recommended by MCC and concurred by city attorney. New definition of "Undue
Hardship" added..
Kennel, private means any place where three (3) or more dogs or cats over one (1) year of
age are kept or harbored, such animals being owned by the owner or leasee of the
premises wherein or whereupon the animals are harbored or kept.
*Not consistent with the chapter 5 Animals or Fowl: Private kennel means any place
where either
· More than two (2) dogs; or
A combination of four dogs or cats over six (6) months of age are kept or
harbored, provided such animals are owned by the owner Of lessee of the
premises on which they are kept.
StalT is proposing that all definitions be consolidated in Chapter 1 using the goning
definition rather than Chapter 5's definition.
Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines,
but not including any area occupied by the waters of lakes or rivers, wetlands, bluff or
by street rights-of-way.
*Clarifies that lot area calculations may only include "developable" land.
Primary zone means the area within the watershed buffer z,ne that most directly
impacts Bluff Creek and/or its tributaries. The primary zone, which is generally
delineated in the Bluff Creek Watershed Natural Resources Management Plan, is
intended to be preserved as permanent open space.
*Clarifies the primary ~one.
"Public waters" means:
(1) waterbasins assigned a shoreland management classification by the
commissioner under Minn. Stat. sections 103F.201 to 103F.221;
(2) waters of the state that have been finally determined to be public waters or
navigable waters by a court of competent jurisdiction;
(3) meandered lakes, excluding lakes that have been legally drained;
(4) waterbasins previously designated by the commissioner for management for
a specific purpose such as trout lakes and game lakes pursuant to applicable
laws;
(5) waterbasins designated as scientific and natural areas under Minn. Stat.
section 84.033;
(6) waterbasins located within and totally surrounded by publicly owned lands;
(7) waterbasins where the state of Minnesota or the federal government holds
title to any of the beds or shores, unless the owner declares that the water is not
necessary for the purposes of the public ownership;
(8) waterbasins where there is a publicly owned and controlled access that is
intended to provide for public access to the waterbasin;
(9) natural and altered watercourses with a total drainage area greater than two
square miles;
(10) natural and altered watercourses designated by the commissioner as trout
streams; and
(11) public waters wetlands, unless the statute expressly states otherwise.
*Recommended by MCC and the city attorney.
Recreational beach lot means land abutting public water which serves as a neighborhood
recreational facility for the subdivision of which it is a part.
*Clarifies definition.
Undue hardship as used in connection with the granting of a variance means the
property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the landowner is due to circumstances
unique to the 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, inadequate access to direct sunlight for solar energy systems.
*Recommended by the city attorney.
Sec. 20-5. Identification of arterial and collector streets.
For purposes of this chapter, the following are identified as arterial and collector streets:
Arterial Streets:
County Road 14 (Pioneer Trail)
County Road 17 (Powers Boulevard)
County Road 17 (Audubon Road south of Lyman Boulevard)
County Road 18 (Lyman Boulevard, west of Trunk Highway 101)
County Road 19 (Galpin Boulevard south of T.H. 5)
Trunk Highway 5
Trunk Highway 7
Trunk Highway 41
Trunk Highway 101
Trunk Highway 169
Trunk Highway 212
Collector Streets:
Audubon Road (north of Lyman Boulevard)
Bluff Creek Drive
Century Boulevard (from West 78th St. to 82nd St.)
Coulter Boulevard (formerly McGlynn Drive)
County Road 117 (Galpin Boulevard north of T.H. 5)
Dell Road (south of Trunk Highway 5)
Kerber Boulevard
Lake Drive
Lake Drive East
Lake Drive West
Lake Lucy Road
Longacres Drive
Lyman Boulevard (east of Trunk Highway 101)
Market Boulevard
Minnewashta Parkway
Pleasant View Road
West 78th Street
*For clarification purposes separate and to add new state aid street. Arboretum
Boulevard is T.H. 5) Staff recommends has alphabetized and included appropriate
spacing and headers with colons after "Arterial Streets" and "Collector Streets".
Article II, Division 1. Generally
Sec. 20-26. Enforcement generally.
The city manager or authorized representative shall conduct and supervise the
enforcement of this chapter with the assistance of the city attorney, building~..~'~ ,v...~,-~:~
official, community development director, ~ Carver County Sheriff's
Office and other designated staff. Enforcement actions to be taken by the city staff shall
be authorized by the city manager.
*MCC requested that this be clarified. The city does not have a building and zoning
official or a police department.
Sec. 20-28. Board of .......~, ~w ............... appeals and adjustments.
(a) Board designation. The planning commission shall act as the board of zznLng
~ appeals and adjustments.
(b) Powers. Pursuant to Minnesota Statutes Section 462.357, subdivision 6, the board
shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city e_-n?!eyee administrative officer
in the a~2n~:trat~cn enforcement of this chapter;
(2) To hear requests for variances from the literal provisions of this Chapter 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 this Chapter.
(3) To grant permits or approvals for appeals authorized under Minn. Stat. Section
462.359.
*MCC recommendation and city attorney.
State Statute:
462.359 Procedure to effect plan: official maps.
Subd. 1. Statement of purpose. Land that is needed for future street purposes and as
sites for other necessary public facilities and services is frequently diverted to nonpublic
uses which could have been located on other lands without hardship or inconvenience to
the owners. When this happens, public uses of land may be denied or may be obtained
later only at prohibitive cost or at the expense of dislocating the owners and occupants of
the land. Identification on an official map of land needed for future public uses permits
both the public and private property owners to adjust their building plans equitably and
conveniently before investments are made which will make such adjustments difficult to
accomplish.
Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan
and a community facilities plan, it may, for the purpose of carrying out the policies of the
major thoroughfare plan and community facilities plan, prepare and recommend to the
governing body a proposed official map covering the entire municipality or any portion
thereof. The governing body may, after holding a public hearing, adopt and amend the
official map by ordinance. A notice of the time, place and purpose of the hearing shall be
published in the official newspaper of the municipality at least ten days prior to the date
of the hearing. The official map or maps shall be prepared in sufficient detail to permit
the establishment of the future acquisition lines on the ground. In unplatted areas a
minimum of a centerline survey shall have been made prior to the preparation of the final
draft of the official map. The accuracy of the future acquisition lines shown on the
official map shall be attested to by a licensed land surveyor. After adoption, a copy of
the official map, or sections thereof with a copy of the adopting ordinance attached shall
be filed with the county recorder as provided in sections 462.351 to 462.364.
Subd. 3. Effect. After an official map has been adopted and filed, the issuance of
building permits by the municipality shall be subject to the provisions of this section.
Whenever any street or highway is widened or improved or any new street is opened, or
interests in lands for other public purposes are acquired by the municipality, it is not
required in such proceedings to pay for any building or structure placed without a permit
or in violation of conditions of a permit within the limits of the mapped street or outside
of any building line that may have been established upon the existing street or within any
area thus identified for public purposes. The adoption of an official map does not give
the municipality any right, title, or interest in areas identified for public purposes
thereon, but the adoption of the map does authorize the municipality to acquire such
interests without paying compensation for buildings or structures erected in such areas
without a permit or in violation of the conditions of a permit.
Subd. 4. Appeals. Ifa land use or zoning permit or approval for a building in such
location is denied, the board of appeals and adjustments shall have the power, upon
appeal filed with it by the owner of the land, to grant a permit or approval for building in
such location in any case in which the board finds, upon the evidence and the arguments
presented to it, (a) that the entire property of the appellant of which such area identified
for public purposes forms a part cannot yield a reasonable return to the owner unless
such a permit or approval is granted, and (b) that balancing the interest of the
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municipality in preserving the integrity of the official map and of the comprehensive
municipal plan and the interest of the owner of the property in the use of the property and
in the benefits of ownership, the grant of such permit or approval is required by
considerations of justice and equity. In addition to the notice of hearing required by
section 462.354, subdivision 2, a notice shall be published in the official newspaper once
at least ten days before the day of the hearing. If the board of appeals and adjustments
authorizes the issuance of a permit or approval the governing body or other board or
commission having jurisdiction shall have six months from the date of the decision of the
board to institute proceedings to acquire such land or interest therein, and if no such
proceedings are started within that time, the officer responsible for issuing permits or
approvals shall issue the permit or approval if the application otherwise conforms to
local ordinances. The board shall specify the exact location, ground area, height and
other details as to the extent and character of the building for which the permit or
approval is granted.
Sec. 20-29. Board of adjustments variance and appeal procedures.
(a) Form; fee. Appeals and applications for variances shall be filed with the zznlng
adn'2n!s*catzr community development director on prescribed forms. A fee, as
established by the city council, shall be paid upon the filing of an application. The board
of ~j ........... and appeals and adjustments may waive the application fee in unusual
circumstances.
(b) Hearing. Upon the filing of an appeal or application for variance, the z~nlng
a~'nlnlgtratzr community development director shall set a time and place for a hearing
before the board of~ appeals and adjustments on such appeal or
application, which hearing shall be held w~thm ...... j ,~v, forty-five (45) days after the
filing of said appeal or application. At the hearing the board shall hear such persons as
wish to be heard, either in person or by attorney or agent. Notice of such hearing shall be
mailed not less than ten (10) days before the date of hearing to the person who flied the
appeal or application for variance, and in the case of an application for variance, to each
owner of property situated wholly or partially within five hundred (500) feet of the
property to which the variance application relates. The names and addresses of such
owners shall be deterrmned by the ....... ~, .............. commumty development
director from records provided by the applicant.
(c) Decisions of the board. The board shall be empowered to decide appeals and grant
variances, other than variances in conjunction with platting, site plan review, conditional
use permits and interim use permits, when the decision of the board is by an affirmative
vote of 3/4 of the members present. A vote of less than 3/4 of the members present or
any vote on a variance in conjunction with platting, site plan review, conditional use
permits and interim use permits shall serve only as a recommendation 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. If the board recommends approval, it
may also recommend appropriate conditions. The board shall act upon all appeals and
variance requests within fifteen (15) days after the date of the close of the required
hearing.
(d) Appeal from decisions of the board. A city council member, the applicant, or any
aggrieved person may appeal such decision to the city council by filing an appeal with
the zen'~ng a~m'~n!strater community development director within four (4) days after
the date of the board's decision.
(e) Council action. By majority vote, the city council may reverse, affirm or modify,
wholly or partly, the decision appealed from the board, and to that end the city council
shall have all the powers of the board, or the city council may approve or deny the
variance request. The council shall decide all appeals within thirty (30) days after the
date of the required heating thereon. In granting any variance, the city council may
attach conditions to ensure compliance with this chapter and to protect adjacent property.
(f) 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 zen'~ng
a'&m2n~tratc, r community development director, the council may take action on the
request, in accordance with the procedures governing the board, without further awaiting
the board's decision or recommendation.
*State statute specifies board of appeals and adiustments. The community development
director is the goning administrator for the city. Occasionally, the hearing date will be in
excess of 30 days from the submittal deadline.
Article 1I, Division 3. Variances
Sec. 20-56. Generally.
A variance from this chapter may be requested only by the owner of the property or the
owner's approved representative to which the variance would apply. A variance may not
be granted which would allow the use of property in a manner not permitted within the
applicable zoning district. A variance may, however, be granted for the temporary use of
a single o~-family dwelling as a two-family dwelling. In granting any variance,
conditions may be prescribed to ensure substantial compliance with this chapter and to
protect adjacent property.
Sec. 20-58. General conditions for granting.
A variance may be granted by the board of ~w ........... an~ appeals and adjustments or
city council only if all of the following criteria are met:
(1) That the literal enforcement of this chapter would cause undue hardship. "Un~'.:e
:u~cun~ing:, :~a~c~. .......... .vrv~.~v..J.~'.. For purposes of the definition ofundue hardship,
reasonable use includes a use made by a majority of comparable property within five
hundred (500) feet of it. The intent of this provision is not to allow a proliferation of
variances, but to recognize that in developed neighborhoods pre-existing standards exist.
Variances that blend with these pre-existing standards without departing downward from
them meet this criteria.
(2) That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
(3) That the purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
(4) That the alleged difficulty or hardship is not a self-created hardship.
(5) That the granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel of land
is located.
(6) That the proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
decrease visibility or site distances, or increases the danger of fire, or endanger the
public safety or substantially diminish or impair property values within the neighborhood.
*Recommended by MCC and the city attorney. A definition for "Undue Hardship" has
been recommended by the attorney's office.
Sec. 20-60. Denial.
Variances may be ~ denied by the board of ~ appeals and
adjustments and the city council, and such denial shall constitute a finding and
determination that the conditions required for approval do not exist.
*MCC recommendation.
*Add city to be consistent with section 20-58.
Article II. Division 4. Nonconforming Uses
Sec. 20-72. Nonconforming uses and structures.
(a) There shall be no expansion, intensification, replacement, structural change, or
relocation of any nonconforming use or nonconforming structure except to
lessen or eliminate the nonconformity.
(b)
Notwithstanding any other provisions of this chapter, any detached single-
family dwelling that is on a nonconforming lot or that is a nonconforming use or
structure may be altered, or expanded provided, however, that the
nonconformity may not be increased. If a setback of a dwelling is
nonconforming, no additions may be added to the nonconforming side of the
building unless the addition meets setback requirements.
(c)
No nonconforming use shall be resumed if normal operation of the use has been
discontinued for a period of twelve (12) or more months. Time shall be
calculated as beginning on the day following the last day in which the use was
in normal operation and shall run continuously thereafter. Fcllcwing Lb:
(d)
Full use of a nonconforming land use shall not be resumed if the amount of land
or floor area dedicated to the use is lessened or if the intensity of the use is in
any manner diminished for a period of twelve (12) or more months. Time shall
be calculated as beginning on the day following the last day in which the
nonconforming land use was in full operation and shall run continuously
thereafter. Following the expiration of twelve (12) months, the nonconforming
land use may be used only in the manner or to the extent used during the
preceding twelve (12) months, or only land uses which are permitted by this
ordinance shall be allowed to be established. For the purposes of this section,
intensity of use shall be measured by hours of operation, traffic, noise, exterior
storage, signs, odors, number of employees, and other factors deemed relevant
by the city.
(e)
Maintenance and repair of nonconforming structures is permitted. Removal or
destruction of a nonconforming structure to the extent of more than fifty (50)
percent of its estimated value, excluding land value and as determined by the
city, shall terminate the fight to continue the nonconforming structure.
Notwithstanding the prohibitions contained in the forgoing paragraphs of this
section, if approved by the city council a nonconforming land use may be
changed to another nonconforming land use of less intensity if it is in the public
interest. In all instances the applicant has the burden of proof regarding the
relative intensities of uses.
(g)
If a nonconforming land use is superseded or replaced by a permitted use, the
nonconforming status of the premises and any fights which arise under the
provisions of this section shall terminate.
*Line redundant with (d)
Sec. 20-73. Nonconfroming lots of record.
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(a) No variance shall be required to reconstruct a detached single-family dwelling
located on a nonconforming lot of record or which is a nonconforming use if it is
destroyed by natural disaster so long as the replacement dwelling has a footprint which is
no larger than that of the destroyed structure and is substantially the same size in building
height and floor area as the destroyed structure. Reconstruction shall commence within
two (2) years of the date of the destruction of the original building and reasonable
progress shall be made in completing the project. A building permit shall be obtained
prior to construction of the new dwelling and the new structure shall be constructed in
compliance with all other city codes and regulations.
(b) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width, depth and area measurements are at least seventy-five (75)
percent of the minimum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, there
shall be no expansion, intensification, replacement, or structural changes of a structure on
a nonconforming lot.
(d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
contiguous lots shall be considered to be an undivided parcel for the purpose of this
chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under
the variance provisions of this chapter.
*"lest" misspelling of least. Many of the lots in Carver Beach are only JO0 feet deep,
which is nonconforming, and therefore, this change, adding" depth ", will accommodate
those also.
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Ul'I ........................... - e, i-' ..........................
12
city.
.~,~^~a fth a .minimum cf fcur ~ .j ............ ~ ..................................
Sec. 20-95
Zoning Permits.
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(a.)Zoning permits shall be required for the construction of structures which do not
require building permits to determine compliance with zoning requirements
such as setback, site coverage, structure height, etc.:
(1) Agricultural Buildings.
(2) Decks less than 30 inches above the ground and not attached to the principal
structure.
(3) Permanent fences less than six (6) feet in height.
(4) Retaining walls less than four (4) feet in height.
(5) Sheds less than 120 square feet in building area.
(b) Any zoning permit application that fails to meet zoning ordinance requirements
shall be denied by community development director.
*Staff is recommending that this division be deleted. Chapter 7 deals with the building
code and standards and regulations regulating that will be incorporated in that chapter.
There are a few instances where structures may be constructed on property, but where no
building permit is required. The ~oning permit would be used to determine that required
setbacks, height, coverage are being maintained.
Article II. Division 6. Site Plan Review
Sec. 20-108. Exceptions.
Notwithstanding the provisions of section 20-107, the following shall not require site or
building plan approval:
(1) Construction or alteration of a single-or two-family residential building or accessory
building on a lot zoned for residential use;
(2) Enlargement of a building by less than ten (10) percent of its gross floor area,
provided that there is no variance involved and also provided that the community
development director cf planning has conducted an administrative review pursuant to
section 20-113 of this section;
(3) Changes in the leasable space of a multitenant building where the change does not
intensify the use or require additional parking beyond the capacity of the site;
(4) Construction of buildings for agricultural uses on land zoned and utilized for
agricultural purposes.
(5) Moving a residence or accessory building to any lot zoned A-I, A-2, PUD-R, RR, or
RSF provided that the lot and structure siting comply with all applicable zoning
ordinance standards.
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*The community development director is the planning director. PUD-R districts are also
residential districts that may have homes located on them.
Sec. 20-109. Applications.
Application for a site plan review shall be made to the city planner on forms provided by
the city and shall be filed four (~.) wee!z: thirty (30) days in advance of the planning
commission meeting at which it is to be considered. Incomplete or deficient applications
shall not be scheduled for a meeting unless the community development director of
~!anning has determined that official action is warranted. The application shall also
include:
(1) Evidence of ownership or an interest in the property;
(2) The application fee; and
(3) Complete site plans, signed by a registered architect, civil engineer, landscape
architect or other design professional, to include the following:
(4) General:
a. Name of project.
b. Name, address, and telephone number of applicant, engineer, and owner of record.
c. Legal description (Certificate of survey will be required).
d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
e. Vicinity map showing relationship of the proposed development to surrounding
streets, rights-of-way, easements and natural features.
f. Description of intended use of the site, buildings, and structures including type of
occupancy and estimated occupancy load.
g. Existing zoning and land use.
h. Tabulation box indicating:
1. Size of parcel in acres o~ and square feet.
2. Gross floor area of each building.
3. Percent of site covered by building.
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4. Percent of site covered by impervious surface.
5. Percent of site covered by parking area.
6. Projected number of employees.
7. Number of seats if intended use is a restaurant or place of assembly.
8. Number of parking spaces required.
9. Number of parking spaces provided including handicapped.
10. Height of all buildings and structures and number of stories.
11. Breakdown of the building area allocated for specific uses, e.g.,
manufacturing, office, retail, showroom, warehouse, etc.
(5) Site and building plan:
a. Property line dimensions, location of all existing and proposed structures with
distance from boundaries, distance between structures, building dimensions, and floor
elevations.
b. Grading and drainage plans showing existing natural features (topography,
wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation
and storm water retention ponds. Plans shall include runoff and storage calculations
for 10 year and 100 year events. If storm water is proposed to be routed to
existing storm water ponds, documentation shall be provided to demonstrate
that the downstream pond is sufficient to accommodate the additional storm
water.
* Revision requires proof that additional inputs to storm water ponds will not exceed
any pond's capacity.
c. All existing and proposed points of egress/ingress showing widths at property
lines, turning radii abutting rights-of-way with indicated centerline, width, paving
width, existing and proposed median cuts, and intersections of streets and driveways.
d. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency
access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction
oi~ traffic flow, and traffic-control devices.
e. Landscaping plan in accordance with the provisions of Article XXV.
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f. Location, access and screening detail of trash enclosures.
g. Location and screening detail of rooftop equipment. Screening shall be provided
from the perspective of a point six feet high at all adjacent property lines or
feom a distance of 250 feet, whichever is greater.
*Adequate screening for roo[top equipment has come up many times as part of the site
plan review process. This language provides a quantitative standard for review.
h. Location and detail of signage including method of lighting, height, width, sign
display area, etc.
i. Lighting location, style, an~ mounting and photometrics.
j. Building elevations from all directions indicating materials and colors. Interior
floor plans may be required.
k. Utility plan identifying size and direction of existing water and sewer lines, fire
hydrants, distance of hydrant to proposed building.
1. List of proposed hazardous materials, use and storage.
m. Proposed fire protection system.
n. Such other information as may be required by the city.
o. Photocomposite images, artistic renderings, or site elevations which depict the
visual impact of the proposed development's design, landscaping, street layout,
signage, pedestrian ways, lighting, buildings, or other details that affect land use
within the city shall be submitted. Such images and renderings shall be from key
vantage points and provide an undistorted perspective of the proposed development
from abutting properties, less intensive land uses, and/or from entryway locations.
Photorealistic imaging or renderings are the appropriate level of resolution.
(6) Within the HC districts, the application shall also include:
a. Building elevations from all directions, indicating materials, colors and
landscaping at installation.
b. Building and site views from Highway 5, the appropriate access boulevard (north
or south of Highway 5), and any other appropriate arterial or collector roadways.
c. Site views showing the relationships of the proposed building or development to
adjacent development, including buffered areas.
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d. Drawings of all significant or atypical site features, such as unusual landscaping,
manmade water features other than retention ponds, outdoor sculpture, or other large-
scale artwork and other uncommon constructs.
e. Sample building materials, upon the city's request.
f. Sample paving materials, upon the city's request.
(7) Within the BCO district, the application shall also include:
a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing
depicting existing conditions and on a site plan depicting the proposed development
pattern.
b. Calculations and/or drawings that identify the allowable density (number of units
or building coverage) under this Code including lands lying in the Primary and
Secondary Zone. Calculation of allowable density shall specifically exclude lands
classified as bluffs, flood plains and designated wetlands. Calculation of allowable
impervious cover may include bluffs and flood plains but shall specifically exclude
designated wetlands.
*There is no director of planning in the organizational structure of chapter 2. The city
has significant areas that are goned PUD-R which is a residential district.
Sec. 20-111. Public hearing.
Upon receipt of a completed application, a date shall be set for review of the site plan
before the planning commission. The review will be held no less than ten (10) days after
mailed notice is sent to the owner of properties located wholly or partially within five
hundred (500) feet of the site, as reflected in the records of the county auditor. The
community development director cf ~!ann~ng may require an expanded mailing list for
sites fronting on lakeshore where the development would be visible over a larger area.
Following the heating or any continuance thereof -'~':~': .........wee .....
the planning commission shall make a recommendation. The site plan shall be fo~varded
to the city council with the planning commission's recommendation for review on the
next available agenda. Final approval of the site plan requires a simple majority vote of
the city council.
*The community development director is the planning director. In instances where the
Planning Commission tables an item, the applicant could bypass them and go directly to
city council.
Sec. 20-113. Administrative approvals.
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Minor site plan and building alterations which do not involve a variance, which are
consistent with the intent of the approval relative to all aspects of the site and building
plans and which are not accompanied by other matters requiring consideration by the
planning commission or city council, may be approved by the community development
director ~f p!a~nn~ng. The director is not authorized to approve the principal construction
of new buildings or alterations to existing buildings that would add more than ten (10)
percent to the existing gross floor area. If any application is processed administratively,
the community development director cf p!ann~ng shall render a decision within thirty
(30) days and shall serve a copy of the decision upon the applicant by mail. Any person
aggrieved by a decision of the community development director ,~f planning may appeal
the decision to the planning commission in the manner specified in section 20-109 of this
division.
Sec. 20-114. Conditions.
The planning commission, city council or community development director ,~f planning
may impose conditions in granting approval to site and building plans to promote the
intent of this division and to protect adjacent properties.
Sec. 20-116. Amhitectural standards.
(a) It is not the intent of the city to restrict design freedom unduly when reviewing
project architecture in connection with a site and building plan. However, it is in the best
interest of the city to promote high standards of architectural design and compatibility
with surrounding structures and neighborhoods. Architectural plans shall be prepared by
an architect or other qualified person acceptable to the community development director
cf planning and shall show the following:
(1) Elevations of all sides of the building;
(2) Type and color of exterior building materials;
(3) A typical floor plan;
(4) Dimensions of all structures; and
(5) The location of trash containers and of heating, ventilation and air conditioning
equipment.
(b) The use of unadorned, prestressed concrete panels and concrete block shall not be
permitted. Acceptable materials will incorporate textured surfaces, exposed aggregate
and/or other patterning. The use of metal on building exteriors shall be limited to trim
detailing and/or to buildings using metal and glass curtain walls. Architectural metal roof
(standing seam and similar) systems and canopies may also be allowed.
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(c) All rooftop or ground-mounted mechanical equipment and exterior trash storage
areas shall be enclosed with materials compatible with the principal structure. Low
profile, self-contained mechanical units which blend in with the building architecture
may be exempt from the screening requirement.
(d) Underground utilities shall be provided for all new and substantially renovated
structures. On sites where, through design on topography, rooftop mechanical systems
are highly visible from off-site locations, structural screening will be required.
(e) Within the HC districts, the standards for the HC districts shall apply in addition to
the standards specified in this division.
*The community development director is the planning director.
Article III. Zoning Districts Generally and Zoning District Map
Sec. 20-1183 f requires engineering for four foot retaining alls. Additionall¥, staff is
proposing that sections 20-118 and 20-1183 f be deleted and make a new section 20-1025
under fences and walls addressing retaining walls.
Sec. 20-201. Establishment of districts.
The city is divided into the following zoning districts:
Agricultural Districts
"A-2" Agricultural estate district.
Residential Districts
"RR" Rural residential district.
"RSF" Single-family residential district.
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"R-4" Mixed low density residential district.
"R-8" Mixed medium density residential district.
"R-12" High density residential district.
"R-16" High density residential district.
"RLM" Low and medium density residential district.
Business District
"B-N" Neighborhood business district.
"BH" Highway and business services district.
"CBD" Central business district.
"BG" General business district.
"BF" Fringe business districts.
Institutional and Industrial District
"OI" Office and institutional district.
"IOP" Industrial office park district.
Special Districts
"PUD" Planned unit development.
"FW" Floodway district.
"FF" Flood fringe district.
"GFP" General flood plain district.
"S" Shoreland district.
"HC-1" Highway 5 central business corridor district.
"HC-2" Highway 5 corridor district.
"BCO" Bluff Creek Overlay District.
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*The cit~ does not have any agricultural preservation (A-1) zoned land. The city does
not intend to preserve agriculture as a use within the community. Staff is drafting a new
goning district that could be used in areas that are guided both residential- low and
medium density in the 2020 comprehensive plan.
Sec. 20-203. District boundaries.
Except where referenced on the zoning map, a street or alley line or other designated line
by dimensions shown on the map, the district boundary lines of all districts except the
flood fringe and floodway district, shoreland management district and Bluff Creek
~dmad overlay district shall follow lot lines or the centerlines of streets or alleys. Where
interpretation is needed as to the exact location of the boundaries of any district, the
board of ~ appeals and adjustments shall make the necessary
interpretation.
*There is no wetland overlay district. State statute specifies Board of Appeals and
Adjustments.
Article IV. Conditional Uses
Sec. 20-236. Expiration.
If substantial construction has not taken place within one (1) year of the date on which
the conditional use permit was granted, the permit is void except that, on application, the
council, after receiving recommendation from the planning commission, may extend the
permit for such additional period as it deems appropriate. If the conditional use is
discontinued for six (6) months, the conditional use permit shall become void. Tk~g
*This date has passed, including the six month period.
Sec. 20-251 through 20-296
Cemetery- C-A2: (See chapter 8)
1. The minimum lot size for a cemetery shall not be less than 1 Acre.
2. Headstone and markers shall be of natural stone.
3. Maximum height of a headstone shall not exceed three (3) feet in height above
ground level, two (2) feet six (6) inches in width and six (6) inches in
thickness. An apron of at least four inches in width shall be placed around
said marker or monument at a depth so as to assure no settling or movement
of the marker or monument, which shall be made of concrete, which apron
shall also be level with the surface of the ground, and which shall be affixed to
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the marker so as to prevent grass, weeds, or other vegetation from growing
between the marker and apron.
4. Installation of markers and monuments shall be provided adequate planking to
protect turf and shall remove materials, equipment and refuse immediately
upon completion of work.
5. Ground water testing shall be done to determine high water table and springs
located on the site.
6. Sufficient maintenance and perpetual care funds shall be in place.
7. Cemetery hours shall be from sunrise to sunset.
8. The site shall contain a minimum of 10 parking spaces.
9. Access to the cemetery shall be by means of a collector or arterial roadway.
10; Mausoleums: maximum size/height 20 feet must maintain district setbacks.
*The intent of the city is to regulate the activity, uniformity, and appearance of future
cemetery development that may enter the city. This information is based off Chapter 8
regarding the Chanhassen Pioneer Cemetery as well as the City of Apple Valley
municipal code.
Churches- I-BN, I-BH, I-CBD, I-BG, I-BF, l-lOP: 20-258 (1)
2. The applicant shall be issued a two year IUP permit, upon renewal of the
permit the applicant shall demonstrate adequate parking, life safety, and
adequate occupancy.
*The intent of the city is to regulate the number and size of temporary churches
throughout the city in its business districts.
Concrete
1.
Mixing Plant- I-IOP:
Storage of material shall be contained within screened storage yards.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
Hours of operation shall be 7-6 Mon-Fri, 9-5 Sat, closed holidays and
Sundays.
The site shall have access by means of a collector or arterial roadway.
An environmental impact statement may be required by the planning
commission or city council regarding environmental performance standards
and design criteria related to:
(a) air pollution,
(b) fire and explosion hazards,
(c) radiation hazards,
(d) electromagnetic radiation and interference hazards,
(e) liquid, gas and solid wastes hazards,
(f) noise standards,
(g) vibration standards,
(h) water quality and
(i) others as may be requested by the city.
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*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the environmental impacts
of the industrial facility and to ensure the health and safety o fits residents.
Contracting Yard- C-IOP: 1. Equipment and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
2. Vehicles/Equipment shall be stored within an enclosed or screened area.
3. No unlicensed or inoperable vehicle/equipment shall be stored on premises.
4. All chemicals shall be stored in proper storage facilities, specified by OSHA
regulations.
5. The contractor shall be Licensed, Bonded and Insured
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and to ensure the health and safety of its residents.
Equipment Rental- C-BG:
1. Equipment storage must be screened or enclosed. Screening shall comply
with Buffer Yard D and F4 Fencing as specified in this chapter.
2. No outdoor loud speaker system shall be permitted.
3. Equipment may be display during business hours only.
4. Displays may not occupy required parking spaces.
5. Displays may be located in designated display areas approved by the city.
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and reduce the amount of clutter located on an individual site.
Farmer's Market- I-BH, I-CBD, I-OI: Need defi_nition
2. Applicant must provide trash receptacles and screened dumpsters. Large
dumpsters must be picked up the day following the close of the farmers
market, a minimum of once per week.
3. The site shall be maintained and cleaned up on a nightly basis to eliminate
debris or rodent activity.
4. The site must be accessible via a collector or an arterial roadway.
5. Sales hours shall be between sunrise and sunset
6~ Location adjacent to residential
7. Applicant shall submit a parking plan proportionate to the number of venders
8. Applicant shall supply restroom facilities
*The intent of the city is to include a farmers market during the growing season and to
ensure the aesthetics of the downtown districts. Staff will work on revising. Signage to
include the entire growing season for farmers market.
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Food Processing- C-IOP:
1. The site must have access via a collector or arterial roadway.
2. All loading docks must be screened with berming, landscaping, or other
structures.
3. Truck parking is permitted on-site only in designated truck parking areas,
parking must be screened.
4. Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources
associated with the industry or source
b. An engineering quality plan detailing best available control
technologies and appurtenances designed to eliminate or achieve the
maximum reduction of odor pollution from an emission point source
inclusive of but not necessarily limited to certain processes,
procedures, or operating methods intended to mitigate or control odor
pollution.
c. A detailed explanation of the specifications and operating parameters
of the best available control technologies, monitoring instrumentation
and equipment, and processes and procedures intended for the
mitigation or control of odor pollution.
d. A specification of the documentation that will be made available for
the city's review which will verify the data produced by the monitoring
equipment, and which will verify that processes and procedures are
conducted consistent with the specifications in the facility's odor
control study and plan.
e. An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control
technology, processes, procedures, operating methods, and monitoring
instrumentation designed to mitigate or control odors at the facility
inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to enter
into the facility or its property in order to investigate complaints and to
verify the facility's adherence to the compliance plan.
*The intent of the city is to permit food processing plants within the city limits as well as
regulate the aesthetics, environmental, and odor impacts on the neighboring residents.
Most of this information was gathered from the City of Des Moines, Iowa municipal code.
Garden Center- C-BH: 1. Storage of equipment and landscaping materials shall comply with a minimum
F3 fence; as specified in this chapter.
2. A loud speaker system is prohibited.
3. Blower, heating system for the nursery must be shielded or muffled from
public view and audibility.
4. All chemicals must be stored/used as specified by OSHA regulations.
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5. Accessory displays may not occupy more than 20% of the site; this includes
but is not limited to plant material and gazebos.
6. Displays may not occupy required parking spaces.
7~ Appearance
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the health and
safety of its residents as well as reduce the amount of materials displayed on a single site.
Staff has suggested 20% of site area for display as a starting point. This number may be
too little or too much. We are open to suggestions.
Golf Course- C-A2:
1. Hours of operation shall be from sunrise to sunset
2. Soil must be tested to determine fertilizing requirements. If necessary, the
applicant/owner/lessee shall use slow release fertilizers applied at low rates or
only as needed, use natural organic fertilizers whenever possible. The use of
fertilizers shall be prohibited within the flood plain. Phosphorous free
fertilizer~
3. The applicant/owner/lessee shall apply pesticides only when needed. Use
products that are most effective, target specific, and present the least hazards
to people, wildlife, and the environment.
4. The applicant/owner/lessee shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency,
Minnesota Department of Natural Resoumes, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of
approval.
5. Annual reports of fertilizer use shall be provided to the city.
6. A clubhouse may be permitted on the site. The clubhouse must be shown on
the site plan.
7. A retail pro shop is permitted within the clubhouse. No more than 20% of one
floor. Retail sales are limited to food, beverages, and golf related items.
8. All maintenance and other equipment must be kept in a screened storage area.
9. The golf course must be to accessed from a collector or arterial roadway.
10. Provision of site design to minimize golf ball hazards.
*The intent of the city is to provide criteria for golf courses in the A-2 district along with
the criteria in the "Golf Driving Range" criteria in Division 2 Conditional Use Permits
Agricultural and Residential Districts section of this chapter Section 20-265.
Home Improvement Trade- C-IOP:
1. All equipment and material shall be stored in a screened or enclosed area.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
2. Hours shall be 7-6 Mon-Fri, 9-5 Sat.
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3. A loud speaker system is prohibited.
4. A list of chemicals and pollutants used on site must be provided as part of the
site plan review.
5. All chemicals shall be stored/used as specified by Federal, State, and Local
regulations.
6. Outdoor assembly and/or building construction is prohibited on site.
*All landscaping shall comply with this chapter Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the aesthetics and safety of
its residents.
Hotel- C-IOP: 1. The site must be accessed via a collector or an arterial roadway.
2. The site shall have a covered entrance and a separated drop off area, which
may not block the drive isle.
*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Lumber Yard- C-lOP:
1. Material and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this'chapter.
3. The site must be accessible via a collector or arterial roadway.
4. All waste material shall be disposed of by owner or lessee.
5. Recycling of materials must be provided.
6.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the aesthetics and
environmental impacts of this site.
Major Auto Repair & Body Shops- C-BG:
1. No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
2. All repair, assembly, disassembly and maintenance of vehicles shall occur
within closed building except minor maintenance including, but not limited to,
tire inflation, adding oil and wiper replacement.
3. No public address system.
4. No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles.
5. Disposal of vehicle fluids shall comply with PCA regulations.
6. Facilities for the collection of waste oil must be provided.
7.
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*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Mineral Extraction- I-A2: 1. Hours shall be 7am to 6 pm Mon-Fri, 9-5 Sat; no hours of operation on
Sundays or holidays.
2. A restoration plan shall be provided as part of the site plan review process.
3. Storm water management plans shall be provided as part of the site plan
review process. Plans shall be submitted with site plan prior to council
meeting
4. The site must be accessible via an arterial or collector roadway.
5. Explosives? (Mark)
6. Road restoration security deposit must be submitted to the city.
7. Applicant shall submit a dust control plan.
*The intent of the city is to ensure the health and safety of its residents as well as the
restoration of such property.
4.
Model Home- I-R12, C-R16: 1. This criterion applies only to dwelling units which are converted into office
space on a temporary basis, removal following occupancy, or leasing of 90%
of the units or 3 years after opening of development.
2. 5 parking spaces shall be provided.
3. Lighting shall be provided to ensure safety.
4. The structure must be located within 150-feet of a paved road surface (ie.
bituminous or concrete roadway).
*The intent of the city is to allow temporary real estate office space within a dwelling unit
in a development for the sale of new homes. For apartments, there will generally be a
sales or rental office. This would apply to townhouses and condominiums.
Motel- C-lOP:
1. Parking: shall be located in the interior/behind building.
2. Access is limited by means of a collector or arterial roadway.
3. Height of structure shall be limited two stories/30 feet.
4.
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*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Motor Freight Terminal- C-IOP: 1. Access shall be limited to a collector or arterial roadway.
2. Trailer storage shall be screened; screening shall comply with Buffer Yard D
and F4 Fencing as specified in this chapter.
3. Loading docks must be located away from or screened from public view.
4. Sufficient parking shall be provided on site to prevent on-street parking of
tracks.
5. Trailer parking shall be provided on-site.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of this chapter is to ensure the aesthetic
appearance of the city, while providing adequate access to the site.
Research Lab- C-IOP: 1. All chemicals and pollutants and waste must be stored, used and disposed of
according to OSHA and Hazmat regulations and standards.
2. The building must be secure from persons other than laboratory personnel.
3. No outdoor experiments that cause hazards or excessive noise or odors shall
be permitted on site.
*The intent of the city is to permit research lab facilities while ensuring the health and
safety of its residents.
29
Small
Vehicle Sales- C-BH:
1. No ~ inoperable vehicles shall be stored on promises except in
appropriately designed and screened storage areas.
2. Display during business hours only.
3. Displays must be in designated display areas, may not occupy required
parking spaces.
4. All repair, assembly, disassembly and maintenance of vehicles shall occur
within a building
5. No outdoor public address system
6. Disposal of vehicle fluids shall comply with PCA regulations. Facilities for
the collection of waste oil must be provided.
*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Supermarket- C-BN:
1. Delivery routes are limited to collector or arterial roadways and prohibited
through residential districts
2. Loading docks must be screened from public view.
3. Waste compaction equipment shall be enclosed within a building or structure.
*The intent of the city is to ensure the aesthetic appearance of the city while providing
adequate circulation for delivery and loading areas.
Temporary Classroom Structures- I-OI: See sales trailer
2. All structures must be removed before or on permitted ending date.
3. Design Standards shall include skirting along the bottom of the structure.
4. Landscaping must be provided around structure.
5. Pedestrian access shall be provided including access in conjunction with the
principle structure.
*The intent of the city is to provide additional class room space while preserving the
aesthetic appearance of the structure. Staff has provided 1,000 sq. ft. as a starting point
for discussion purposes.
Temporary Outdoor Display- I-BN, I-BH, I-CBD, I-BG, I-BF: Change to Accessory
Use Temp Sales
3. Display may not interfere with pedestrian access.
4. Display may not occupy required parking spaces.
30
*The intent of the city is to allow outdoor displays for business while providing
guidelines to ensure the aesthetic appearance of the city. Staff is uncertain if size and/or
height restrictions should be imposed. You're comments regarding this issue would be
greatly appreciated.
***Should the city prohibit all loud speaker systems, or should they be regulated for each
use, if so, how should they be regulated?
*Staff has prepared additional criteria for conditional uses that were listed but had no
standards. This section may be re-organized to accommodate the additional criteria.
*MCC recommendation. This is redundant since towers must comply with article XXX.
Sec. 20-257. Wholesale and retail nurseries.
(a) Intent. It is the intent of this section to recognize that pre-existing retail nurseries and
garden centers are located within the city and may be in conflict with the comprehensive
plan and zoning ordinance. These establishments pre-date current ordinance standards.
To allow for planned and orderly development, the city finds it necessary to regulate the
expansion or intensification of these uses and to provide standards for any future retail
nursery or garden centers. It is the intent of this section to promote the health, safety,
general welfare, aesthetics, and image of the community by regulating the creation and
the expansion of existing retail nurseries and garden centers. The creation or expansion of
these uses will be allowed only by interim use permit by the city council.
(b) {-Conditions.] The following conditions will apply to wholesale and retail nurseries:
(1) The site must be on a collector or m~n,~r arterial street as ~entif~e~ in the
(2) The minimum lot size is five (5) acres.
(3) All storage and yard areas as well as buildings must be set back fifty (50) feet from
public or private road rights-of-way, and three hundred (300) feet from an adjacent
single-family residence or a minimum of fifty (50) feet from a side lot line, whichever is
greater.
(4) All outdoor storage areas must be buffered from adjacent properties. Buffering may
be accomplished using berms, fencing, landscaping, natural topography, or increased
31
setbacks. The city council may require storage areas to be completely screened by one
hundred (100) percent opaque fencing or berming.
(5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
(6) Light sources shall be shielded.
(7) No outside speaker systems shall be allowed without approval from the city
council.
(8) A termination date Shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
(9) One (1) wall sign not to exceed ninety (90) square feet and one (1) monument sign
not exceeding twenty-four (24) square feet in size or eight (8) feet in height shall be
permitted on the premises. The council may further restrict the size and location of signs
if the use is located adjacent to property guided residential as identified in the
comprehensive plan.
*MCC recommendations. Arterial and collector streets are identified in Article 1 of this
chapter.
Sec. 20-263 (11)
~..~:..:~:~c.,h:~:*:~ F~ F p ~ esofthi p ~ ph th f 11 i g
.......................... a . or u os s ~a a , e o own
te~s shall me~ those beach lots which are located either within (urban) or
outside (rural) the Ye~ 20~ Metropolitan Urban Semice Area bound~y as
depicted in the comprehensive pl~.
*MCC recommendation. This sentence is contained in the definitions for recreational
beach lots.
Sec. 20-263 (12)
(12) All recreational beach lots .......... ~, ~.j ............ ~each !,~t: cztab!izkzd
~.4 .... ~. ...... , n !957 may be used for swimming beach purposes, but only
if swimming areas are clearly delineated with marker buoys which conform to
the United States Coast Guard standards.
32
*MCC recommendation.
Sec. 20-263 (18) g.
g. The following improvements are prohibited in gazebos~: screening used to
completely enclose a wall, water and sewer service, fireplaces, and electricity.
*MCC recommendation.
Sec. 20-265. Golf driving ranges.
-~The following applies to-]-golf driving ranges with or without a miniature golf courses:
(1) The location of the driving range is limited to being adjacent to TH 5 and TH 212
and access must be from a collector or arterial street which leads to TH 5 or TH 212.
(2) Hours of operation shall be from sunrise to sunset.
(3) Provision of adequate parking areas and submission of landscaping plan shall be in
conformance with article VIII of the zoning ordinance.
(4) No site shall be located within five hundred (500) feet of a single-family residence.
(5) Buildings on the site may be not exceed eight hundred (800) square feet and shall be
painted in earth tones.
(6) A retail pro shop is permitted. Only prepackaged food may be sold with no
commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the
applicant applies and receives approval of a liquor license in accordance with City Code.
Retail sales is limited to golf related items and the pro shop.
* M C C recommendation.
*Keep tense consistent. Clarification. Shall be; mtmdotorv in{brmation.
Sec. 20-266. Sales trailers for residential developments.
Sales trailers are subject to the following conditions:
(1) Trailers are permitted only until a permanent dwelling unit is available to be used as
the sales office/model. At such time, the trailer shall be removed from the site.
(2) Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m.
(3) There shall be no outdoor speaker.
33
(4) Lighting shall be downcast, with no flashing, blinking or skylights permitted.
(5) Trailers shall be skirted and landscaped. One (1) trailer shall be permitted per
development.
(6) Trailers shall comply with Americans with Disabilities Act (ADA) requirements.
(7) Off-street hard surface parking for three (3) to five (5) cars shall be provided.
(8) The engineering department shall approve any access from a city street.
*MCC recommendation.
Sec. 20-282. Motor fuel and service stations.
The following applies to motor fuel stations:
(1) No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within a
closed building except minor maintenance including, but not limited to, tire inflation,
adding oil and wiper replacement.
(3) No public address system shall be audible from any residential parcel.
(4) Stacking areas deemed to be appropriate by the city shall meet parking setback
requirements.
(5) No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles shall be permitted.
(6) Disposal of waste oil shall comply with Minnesota Pollution Control Agency PCA
regulations. Facilities for the collection of waste oil must be provided.
(7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred
(100) feet of any parcel zoned or guided for residential use.
(8) A minimum separation of two hundred fifty (250) feet is required between the
nearest gas pumps of separate indl;'i~ga! parcels for which a conditional use permit is
being requested.
*MCC recommendation.
34
*Shall, meaninx mandatola; regulatio, to the site. llz order to clari[\, the #zteltt o[ thix
section inchtde .s'eparate il tl e Icm.quage to disti~guixh individual parcels.
Sec. 20-292. State-licensed day care centers.
{:The following applies to state-licensed day care centers:]
*MCC recommendation. The balance of the section remains the same.
Sec. 20-296 (b) (10) Automobile rental facilities.
(a) Intent. It is the intent of this section to limit automobile rental facilities to those that
serve the community and neighborhood, and are limited in scope and are ancillary to a
primary use.
(b) The following applies to automobile rental facilities as a conditional use in the BH,
Highway Business District with the following standards:
(1) No unlicensed and inoperative vehicles shall be stored on the premises.
(2) All maintenance of vehicles shall occur within an enclosed building.
(3) No outside storage or display is allowed, except vehicles for rent.
(4) No public address system or outdoor telephones shall be permitted.
(5) Parking setbacks shall be applicable for parking/storage areas.
(6) Required customer and employee parking spaces shall not be used for rental
vehicle storage.
(7) Vehicle sales are not permitted.
(8) The number of rental vehicles shall not exceed fifteen (15).
(9) Only automobiles owned by the rental agency shall be stored on the property.
(11) Parking spaces allocated for rental vehicle storage shall be designated. One and
two-tenths (1.2) parking space shall be provided per rental vehicle.
(12) No signs shall be attached to vehicles.
35
*MCC recommendation. The condition is redundant. Renumber 11 and 12.
Article V. Flood Plain Overlay District
Sec. 20-326. Purpose.
The purposed of the flood plain overlay district is to provide for the protection and
preservation of water channels and those portions of the adjoining flood plains which are
required to carry and discharge a regional flood and are subject to inundation by regional
floods. It is the intent of the district to be applied to those areas which if left unrestricted
could result in loss of life and property, health and safety hazards, disruption of
commerce, utilities and governmental services, extraordinary public expenditures for
flood plain protection and relief and impairment of the tax base. This district is created
and applied in accordance with Minnesota Statutes chapters 104 103F and 462.
*MCC recommendation.
Division 2. General Flood Plain District (GFP)
*MCC recommendation.
DIVISION 3: FLOODWAY DISTRICT (FW)
Sec. 20-367. Conditional uses.
The following open space uses require accessory structures or fill or storage of materials
or equipment. These uses may be permitted in the Floodway District only after the
issuance of a conditional use permit as provided in 20-351:
(1) Structures accessory to open space uses; provided:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood
waters; provided:
1. Whenever possible, structures shall be constructed with the longitudinal
axis parallel to the direction of flood flow; and
2. So far as practicable, structures shall be placed approximately on the same
flood flow lines as those of adjoining structures.
36
c. Accessory structures shall be flood-proofed in accordance with the Uniform
Building Code, as adopted and amended by the city.
(2) Placement of fill; provided:
Any fill deposited in the floodway shall be no more than the minimum
necessary for use. Generally, fill shall be limited to that needed to grade or
landscape for that use and shall not in any way obstruct the flow of flood
waters.
Spoil from dredging or sand and gravel operations shall not be deposited in
the floodway unless it can be done in accordance with subparagraph a. of this
paragraph.
c. Fill shall be protected from erosion by vegetative cover.
(3) Storage of materials and equipment; provided:
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal or plant life is
prohibited.
b. Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning.
(4) Levees, dikes, and floodwalls shall not be constructed with the limits of the
Floodway District. Other structural works for flood control such as dams and
channel enlargements that will change the course, current or cross-section of a
public water shall be subject to the provisions of Minnesota Statutes chapter 103G
105.
*Revision cites the correct chapter of the Minnesota Statutes. Chapter 105 has been
repealed.
Sec. 20-377.1 (3)
(3) Nonresidential structures. Commercial, manufacturing and industrial structures shall
ordinarily be elevated on fill so that their first floor (including basement) is above the
regulatory flood protection elevation but may in special circumstances be flood-proofed
in accordance with the state building code. Structures that are not elevated to above the
regulatory flood protection elevation shall be flood-proofed to FP-1 or FP-2 classification
as defined by the Unifc..-'m Minnesota State Building Code as adopted and amended by
the city. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted.
*State building code governs..
37
Article VI. Wetland Protection.
Sec. 20-401. Findings intent; rules adopted by reference.
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as
sources of food and habitat for a variety of fish and wildlife, and are an integral part of
the community's natural landscape. Wetlands provide the aesthetic benefits of open space
and can be used to provide a natural separation of land uses. It is the intent of this article
to establish a policy of sound stewardship through coordination of regulations that which
conserve, protect, enhance, and result in the no net loss of these environmentally sensitive
resources. In addition, it is the intent of the city to promote the restoration of degraded
wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands. When this
is not feasible, mitigation must be provided to recreate the function and value of lost or
altered wetlands ~ah~ed~ae~4m~.
(c) This article is adopted in part to implement the Wetland Conservation Act of 1991
txs;~ · ..... mai r,~ ..... ~A ...... ,~,~ d d(MS 103F612 q)
x .................. , .... ~, ...... , ............ /,asamen e . . . etse . ,
and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minn.
Rules Chapter 8420, as amended).
(d) This article incorporates by reference the Act and the Rules. Terms used in this
article which are defined in the Act or the Rules have the meanings given there.
*MCC recommendation and to correct grammer and clarify section 20-401 (b ).
Sec. 20-402. Purpose.
The purpose of this article is to assure the general health, safety, and welfare of the
residents through preservation and conservation of wetlands and sound management of
development by:
(1) Conducting an inventory and classification of all wetlands within the city and
maintenance of a comprehensive set of official city maps depicting the
approximate location and extent of dc, l~neatlng wetlands.
(2) Establishment of wetland regulations that are coordinated with flood
protection and water quality programs under the Chanhassen Surface Water
Management Plan.
(3) Requiring sound management practices that will protect, conserve, maintain,
enhance, and improve the present quality of wetlands within the community.
38
(4)
(5)
(6)
(7)
(8)
(9)
00)
Requiring measures designed to maintain and improve water quality in
streams and lakes.
Protecting and enhancing the scenic value of wetlands.
Restricting and controlling the harmful effects of land development on
wetlands.
Allowing only development that is planned to be compatible with wetland
protection and enhancement.
Providing standards for the alteration of wetlands when alteration is m
allowed.
Mitigating the impact of development adjacent to wetlands.
Educating and informing the public about the numerous benefits and features
of wetlands and the impacts of urbanization.
Obtaining protective easements over or acquiring fee title to wetlands as
appropriate.
*Revisions clarify ,~40-402(1) and (8)
Sec. 20-403
(a) Generally. Wetlands shall be subject to the requirements established herein, as well
as restrictions and requirements established by other applicable city ordinances and
regulations. The Wetland Protection Regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland area is located.
(b) Boundaries; maps ....
m4h/.s-avt/-e4~. Wetland boundaries and wetland types, as established by officially
adopted city maps, shall be prima facie evidence of the location and type of wetland. The
official maps shall be developed and maintained by the planning department. If an
applicant questions whether a wetland exists or disputes its delineation, the applicant
shall have the burden to supply detailed information for reviews supporting the
applicant's position. The applicant shall provide appropriate technical information,
including, but not limited to, topographical survey and soil data deemed necessary for the
city to determine the exact wetland boundary. The r ......... e~ community development
director shall make a determination to maintain the officially designated wetland
boundary or if the boundaries need to be corrected on city plans and maps based upon the
data that is supplied. Data for wetland determination shall be certified by a registered
engineer, surveyor, or a qualified wetland consultant. The applicant may appeal the
39
-~---;-- community development director's determination of the wetland boundary and
type to the city council.
(c) Wetland types. This article establishes three (3) wetland types and one water body
type:
*MCC recommendation. There is no "planning director" in the organizational
structure. Wetland types are defined in the definition section of city code. Utilized is a
water body type, i.e., a storm water pond.
Sec. 20-404. No net loss.
To achieve no net loss of wetland, except as provided under section 20-416 of this article,
or authorized by a wetland alteration permit issued by the city, a person may not drain,
grade, excavate, fill, bum, remove healthy native vegetation, or otherwise alter or destroy
a wetland of any size or type. Any alteration to a wetland, permitted by a wetland
alteration permit must be fully mitigated so that them is no net loss of wetlands.
*Revisions add "excavate" to list of prohibited activities and deletes a comma in last
sentence.
40
Sec. 20-405. Standards.
The following standards apply to all lands within and abutting a wetland:
(1) Septic and soil absorption system must be a setback minimum of seventy-five (75)
feet from the ordinary high water mark of the wetland.
(2) The lowest ground floor elevation of a principal structure is three (3) twc (2) feet
above ordinary high water mark of the wetland.
(3) Docks cr wa!kways and boardwalks shall be elevated a minimum of six (6) to eight
(8) inches above the ordinary high water mark or six (6) to eight (8) inches above the
ground level, whichever is greater. Docks shall only extend from the edge of the
wetland in to the lake in instances where a wetland surrounds or abuts the lake.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of
a wetland alteration permit.
(5) The city's Best Management Practices Handbook shall be followed.
*Revisions clarification on §20-405(2)'s elevation requirement make this 3 ft. to comport
with requirements for structures near lakes and streams under ,~20-481(e). Docks, which
are removed seasonally are not permitted across a wetland so as to avoid twice annual
wetland impacts. The boardwalk is a permanent structure. Note: the 6 - 8 inch height
requirement will be added to section 6-26 Docks ?
Sec. 20406. Wetland buffer strips and setbacks.
f~ ....v ~: ...... ~*:~ a buffer strip
(a) For lots created after December, 14, 1992,, ...................
shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland
shall be left undisturbed and applied toward the buffer strip unless otherwise approved by
city council. Buffer strip vegetation shall be established and maintained in accordance to
the following requirements. If the buffer area is disturbed, plant species shall be selected
from wetland and upland plants to provide habitat for various species of wildlife. Buffer
strips shall be identified by permanent monumentation acceptable to the city. In
residential subdivisions, a monument is required for each lot. In other situations, a
monument is required for each three hundred (300) feet of wetland edge. The buffer
strips and structure setbacks shall meet the following standards:
Wetland Type Pristine Natural Ag/Urban Utilized
P~cipal and Accessory 100' 40' measured from the 40' measured from the 0'
Stru~ure Selback outside edge onhe buffer outside edge onhe buffer
strip strip
Buffer Strip ~0 35' --100' ~0 20 -30' 016.$'-20' O'
Buffer Strip Minimum Average 50' 20' 4~ 16.5' 0'
Wklth
% of Native Vegetation in Entire Entire Optional Optional
Buffer Strip
41
GRAPHIC LINK: AG/URBAN WETLAND ILLUSTRATION
The dimensions of the buffer strips may be adjusted by the city based upon the quality of
the wetland, local topographic conditions, and the type and design of development being
proposed. The table above provides minimum and maximum dimensions for the buffer
strip. The use of a meandering buffer strip to maintain a natural appearance is
encouraged. Where roadways are ~ constructed next to a wetland, the average
buffer strip width for the adjacent wetland shall be maintained. Structure setbacks are
also described in the table. On single-family subdivisions in the RSF district, the
applicant must demonstrate that each lot provides sufficient area to accommodate the
applicable front yard setback, sixty-foot by fcxysixty-foot deep building pad, and a
thirty-foot rear yard area. All of these elements must be provided outside of designated
wetland and buffer strip areas.
(b) For lots of record created between (date of ordinance adoption) and December
15, 1992, the buffer strips and structure setbacks shall meet the following standards:
Netland Type Pristine Natura~ Ag/Urban Utilized
Principal and Accessory 100~ lO' measured from the 40' measured from the
Structure Setback 3utside edge of the buffer 3utside edge of the buffer
strip strip
Buffer Strip 20' 10 ' 3' 0'
Buffer Strip Minimum Average 150' .~0' 10' O'
Width
% of Native Vegetatio~ in :Entire Entire Optional Optional
Buffer Strip
(bc) For lots of record on December 14, 1992 (~atc cf ordinance adc~t!cn) within
wetland areas and for lands abutting a wetland area, the following minimum provisions
are applicable unless alternative plans are approved by the city as outlined in
subparagraph (a) above un~cr a wet!an~ a!teraticn pm'mit:
Pristine Natural Ag/Urban Utilized
Setback Principal Structure 100' 75' 75' 0'
*MCC recommendation. Revisions expand wetlands bur[er strips, increase building pad
requirement to 60'x60', and clarify .~20-406(b ). The minimum 16.5, 20 and 35 foot
buffer widths are required by the Minnehahaha Watershed District. This needs to be
consistent with the watershed district.
42
Sec. 20-407. Wetland alteration.
(a) An applicant for a wetland alteration permit sba!! adherc tc must demonstrate that
the activity impacting a wetland has complied with all of the following principles
in descending order of priority:
(i) Avoidings the direct or indirect impacts to the wetland of-the-ac-tO4W that may
destroy or diminish the wetland;
(2) Minimizinges the impact to the wetland by limiting the degree or magnitude of
the wetland activity and its implementation;
(3) RectifyLnges the impact by repairing, rehabilitating, or restohng the affected
wetland ....... ~ ........... ~ ............... ,
(4) Reducinges or eliminatLqges the impact to the wetland over time by preservation
and maintenance operations during the life of the activity; and
(5) Replacinges unavoidable impacts to the wetlands by restoring or, if wetland
restoration opportunities are not reasonably available, creating substitute
wetland areas having equal or greater public value as set fo~h in Minnesota Rules
8420.0530 to 8420.0760 ~d20.06~0. Exceptions to this part are calcareous
fens, which are subject to Minneso~ Rules 8420.1010 - 8420.1070.
(b) A wetland alteration pe~t shall not be issued unless the proposed development
comphes w~thm ~20-412 .... v ...................... ~ .............. ~, as
well as the standards, intent, and pu~ose of this ~icle.
c. Name, ...............
43
(c) Sequencing flexibility.
(1) Sequencing flexibility cannot be implemented unless alternatives have been
considered and unless the proposed replacement wetland is certain to
provide equal or greater functions and public values as determined based on
a functional assessment reviewed by the technical evaluation panel using a
methodology approved by the Minnesota Board of Water and Soil Resources.
The project sponsor must provide the necessary information and the local
government unit must document the application of sequencing flexibility in
the replacement plan approval.
(2) Flexibility in application of the sequencing steps may be applied, subject to
the conditions in item (1), as determined by the local government unit if:
(i) the wetland to be impacted has been degraded to the point where
replacement of it would result in a certain gain in function and public
value;
(ii) preservation of a wetland would result in severe degradation of the
wetland's ability to function and provide public values, for example,
because of surrounding land uses and the wetland's ability to function
and provide public values cannot reasonably be maintained through
other land use controls or mechanisms;
(iii)the only feasible and prudent upland site available for wetland
replacement or development has greater ecosystem function and public
value than the wetland. Although this is a rare circumstance since there
will usually be several options for siting the replacement wetland or
development, it may be appropriate if the project sponsor:
(aa) demonstrates impact minimization to the wetland;
(bb) agrees to perpetually preserve the designated upland site; and
(cc) completely replaces the impacted wetland's functions and public
values; or
(iv)the wetland is a site where human health and safety is a factor.
Revisions re[er readers to appropriate provisions o[Minnesota Rules and City Code ~20.
Also, corrects a typo in .~20-407(c)(2)g. Subsection c. relocated to section 20-408 (5).
The sequencing section is [rom Minnesota Rules Section 8420.0520 subp. 7.
Sec. 20-408. Permit required.
No person shall drain, excavate in the permanent of semipermnanent flooded areas
of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact
wetlands without first having a wetland replacement plan or other determination
approved by the city. Drainageing, grading, excavating, filling, remova~ing of healthy
native vegetation, or otherwise altering or destroying a wetland of any size or type
requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration
permit includes, but is not limited to:
(1)
(2)
(3)
Construction of new streets and utilities.
Creation of ponds or dams and alterations of the natural drainageways of water
courses. This shall only be allowed as part of a mitigation project, or to restore or
improve the function and value of the wetland.
Installation of boardwalks.
(:54)Discharge of stormwater runoff in a manner that impacts the wetland.
(b) The city must be notified at least five (5) business days prior to the use of any
form of treatment of wetlands including chemically treating, burning, mowing or
biologically treating wetlands to control nuisance vegetation.
(1) At the time of notification, a person or company will be required to
supply the following information:
a. Location of pond.
b. Area of pond to be treated.
c. Name, address and telephone number of the party responsible for
treatment.
45
d. Name, address and telephone number of person or persons
performing the treatment.
e. Date of treatment.
f. A list of the type of treatments to be used at such time.
g. A statement indicating an understanding of the treatment being
applied and its effect on humans, plants and wildlife.
Revisions add "excavating" to list of wetland altering activities that require a permit and
delete .~20-408(4) because it is inconsistent with other laws.
Sec. 20-409. Filling.
When a wetland alteration permit is issued allowing filling in a wetland, thc.u.._c^"~"';--. ~-~,
(4-) tgfilling must be consistent with the Chanhassen Surface Water Management Plan
and the Minnesota Wetland Conservation Act. The filling shall not alter the
hydrological patterns in the remainder of the wetland if a portion of the wetland
remains unless exempted under section 20-416.
' acccrda
*Revisions emphasize that wetland filling within the City must follow the Chanhassen
Surface Water Management Plan and that, generally, filling wetlands is prohibited by
law.
Sec. 20-410. ' ; ' ; Grading.
46
When a wetland alteration permit is issued allowing .... ~,...e ............ ~,, ~. grading in a
wetland, the following standards shall be followed:
(1) The dredgi~ grading will not have a net adverse effect on the ecological and
hydrological characteristics of the wetland.
(2) It shall be located as to minimize the impact on vegetation.
(3) It shall not adversely change water flow.
(4) The size of the graded dr-edged area shall be limited to the minimum required for
the proposed action.
(5) The dDisposal of any excess graded the-dr~ged material is prohibited within the
wetland area.
(6) The dDisposal of any excess graded gredg~ material shall include proper
erosion control and nutrient retention measures.
(7) Grading t~-edging 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.
(8)
Grading Dr~.dg~nF:, in wetland areas will be required to be mitigated in accordance
with the requirements of this article if the activity results in a loss of functiona-t
and value of the wetland, r~.~: ..................... ~;,.,; ........... ~.~;.~
*Grading encompasses both dredging and excavating activities.
47
*.~20-411 should be deleted from the City Code because pretreatment of storm water
must be provided prior to discharge into wetlands.
Sec. 20-412. Mitigation.
(a) Mitigation intent. Where wetland alteration is approved and mitigation is required
pursuant to city code and Minnesota Rule 8420.0540, mitigation must result in an
improvement to the wetland function and value. Mitigation plans must address water
quality, improvement, and maintenance of preexisting hydrological balance and
wildlife habitat. The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife habitat.
Mitigation will be performed at ratios required by Minnesota Rule 8420.0546 ~tate
!aw to achieve replacement of the wetland function and value.
(b) Mitigation standards. Mitigation of wetlands for function and value should be
restored, created, and enhanced. The mitigation standards found in Minnesota
Rule 8420.0550 shall be followed. '~
48
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law.
(2) Replacement wetlands must replace ?.~t'~gatL~n ~kcu!~ a!:vayz rczult
: ..........+ *~ ' a wetland
.... r ............. the wetland funcUon and value that are lost from
that is drained or filled. The wetland function and value will include, but is
not limited to, improvement of water quality, flood water and storm water
retention, public recreation and education, commercial uses, fish, wildlife
and native plant habi~t, and Iow flow augmen~tion, ma~=:a~=~=~
(3) Mitigation shall provide a buffer strip as set fo~h in this a~icle.
(4) Mitigation shall maintain or enhance the wetland ~ function
and values through the following in ratios set forth in Minneso~ Rules
~8420.0541:
a. Restoration of completely or p~ially detehorated wetlands.
b. Creation of new wetl~ds.
c. Upland buffer ar~s.
d. restoration of wetland vege~tion.
e. Water quality treatment areas.
(65) ~tigation, through the buffer sthp, shall provide landscaping for nesting and
food for wil~ife habitat. The buffer strip landscape shall provide for wildlife
cover and utilize a diversity of native flora (i.e., trees, shahs, grasses,
herbaceous plants) to encourage wildlife diversity and provide visual v~ety.
49
(g6) Wetland mitigation should be undertaken on-site. If this is not feasible,
mitigation should occur locally within the subwatershed. If this is not possible,
mitigation should occur outside the subwatershed, elsewhere in the city. If
mitigation cannot be accomplished on site, or if the city deems it necessary to
perform mitigation off-site, the applicant shall be responsible for purchasing
wetland credits from the state wetland bank. cont~buting
(d) Construction management and long term wetland maintenance.
(1) The permit holder shall follow the city's best management practices to minimize
direct impacts due to erosion and construction practices and to safeguard wildlife
habitat.
(2)
The applicant shall submit an annual report to the City for replacement
wetlands in Chanhassen. The purpose of the annual report is to describe
actual wetland restoration or creation activities completed during the past
year as well as activities planned for the upcoming year. The annual report
shall include all the information required of annual monitoring reports by
Minnesota Rule 8420.0620 subpart 2.
The applicant shall submit annual monitoring reports as required by
Minnesota Rule 8420.0610. Submission shall continue for at least 5 years or
until the replacement wetland is deemed by the TEP to be fully functional.
Where feasible, the city shall require the permit holder to satisfy long term
management requirements.
*Revisions refer the reader to several different relevant portions of Minnesota Rule 8420
that deal with wetland loss mitigation. Sections of the ordinance that do not comport
with Rule 8420 should be deleted. The revisions also call on a mitigator to make use of
the state wetland bank when off-site mitigation is necessary instead of contributing to a
City mitigation fund.
Sec. 20-413. Application and issuance of permit.
(a) The applicant for a wetland alteration permit shall furnish the information required
by the city including, but not limited to, a site plan, topographic data, hydrological data,
and habitat evaluation procedures for the review of a wetland alteration permit
application, and any other information required by Minnesota Rule 8420.0530. The
50
t, ......... e community development director shall use discretion regarding the level and
complexity of information required to review the request. A wetland alteration permit
shall not be issued without having been first reviewed by the planning commission and
approved by the city council following the review and hearing procedures set forth for
conditional use permits and the additional requirement of Minnesota Rules 8420.0230.
The applicant shall have the burden of proving that the proposed use or activity complies
with the purposes, intent, and other provisions of this article. The council may establish
reasonable conditions which are specifically set forth in the permit to ensure compliance
with requirements contained in this article. 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 and wetland function and value; 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.
(b) The Chanhassen City Council shall appoint a person to serve on a technical
evaluation panel. The person must be a technical professional with expertise in water
resources management. Decisions under this ordinance must not be made until after
receiving the determination of the technical evaluation panel regarding wetland public
values, location, size, and/or type if the city council, the landowner, or a member of
the technical evaluation panel asks for such determinations. This requirement does
not apply to wetlands for which such data is included in an approved comprehensive
wetland management plan per Minnesota Rules 8420.0240. The city council may
seek and consider recommendations, if any, made by the technical evaluation panel in
making replacement plan decisions.
(c) Decisions made under this article may be appealed to the board of water and soil
resources under Minnesota Rules 8420.0250, after administration appeal rights under
the official controls have been exhausted.
(d) The applicant for a wetland alteration permit is responsible for obtaining all
other necessary permits including but not limited to those required by watershed
districts, Minnesota Department of Natural Resources, Army Corps of
Engineers, and Minnesota Pollution Control Agency prior to the permitted work
been commenced.
*Revision is only needed to bring the wetland replacement plan components of Minnesota
Rule 8420.0530 into the City Code.
Sec. 20-416. Exemptions.
Activities exempted by Minnesota Rules 8420.0122 ......... shall be exempted from
the provisions of this article. However, certificates of exemption must be obtained from
the city prior to starting work.
51
A person conducting an activity in a wetland under an exemption in part 8420.0122
shall ensure that:
(a) appropriate erosion control measures are taken to prevent sedimentation of
the water;
(b) the activity does not block fish activity in a watercourse; and
(c)
the activity is conducted in compliance with all other applicable federal,
state, and local requirements, including best management practices as listed
in part 8420.0112, and water resource protection requirements established
under Minnesota Statutes, chapter 103H.
*Revision gives correct provision of Minnesota Rule 8420. Rule 8420.0120 has been
repealed. Provides requirements for work under an exemption.
Sec. 20-417. Variances.
Variances from the requirements of this article may be granted in accordance with the
variance provisions of this chapter as regulated by article II, division t-14 3 of this Cede
chapter so long as the variances do not violate the Wetland Conservation Act er
and rules adopted under the Act.
*MCC and city attorney recommendation.
Sec. 20-418 (a)
(a) Violation of article VI, wetland protection, or of the terns of a permits issued
thereunder shall be a misdemeanor t- ............ j ....... j ~. v~ ~j .... j ....... a
(b) Any person who alters a wetland in violation of article VI, shall apply for a
wetland alteration permit and shall pay a filing fee double the regular fee. The city
council may require the violator to restore the wetland or take other mitigative
measures.
*MCC and city attorney recommendation.
Article VII. Shoreline Management District.
Sec. 20-476. Statutory authorization and policy.
52
(a) Statutory authorization. This article is adopted pursuant to the authorization and
policies contained in Minnesota Statutes, Chapter 105 103F, Minnesota
Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning
enabling legislation in Minnesota Statutes, Chapter 462.
(b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public
health, safety and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety and welfare to provide for the wise
subdivision, use and development of shorelands of public waters. The legislature
of Minnesota has delegated responsibility to local governments of the state to
regulate the subdivision, use and development of the shorelands of public waters
and thus preserve and enhance the quality of surface waters, conserve the
economic and natural environmental values of shorelands, and provide for the
wise use of waters and related land resources. This responsibility is hereby
recognized by Chanhassen.
*MCC recommendation. Chapter 105 has been repealed.
Sec. 20-477. General provisions.
(a) Jurisdiction. The provisions of this article shall apply to the shorelands of the public
waters as classified in section 20-479 478 of this article. Pursuant to Minnesota
Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than
10 acres in size are exempt from this article. A body of water created by a private
user where there was no previous shoreland is exempt from this article.
(b) Compliance. The use of any shoreland of public waters; the size and shape of lots;
the use, size, type and location of structures on lots; the installation and maintenance
of water supply and waste treatment systems, the grading and filling of any shoreland
area; the cutting of shoreland vegetation; and the subdivision of land shall be in full
compliance with the terms of this article and other applicable regulations.
(c) Enforcement. The community development planning director is responsible for the
administration and enforcement of this article. Any violation of the provisions of this
article or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined
by law.
(d) Interpretation. In their interpretation and application, the provisions of this article
shall be held to be minimum requirements and shall be liberally construed in favor of
the city and shall not be deemed a limitation or repeal of any other powers granted by
state statutes.
53
artec
e) Abrogation and greater restrictions. It is not intended by this article to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this article imposes greater restrictions, the provisions of this article shall
prevail. All other articles inconsistent with this article are hereby repealed to the
extent of the inconsistency only.
*Revisions change ,~20-477(a) so that it refers to the correct shorelands classification ,~
of the Code, and make some clarifications. MCC recommendation to delete subsection
(e).
Sec. 20-479. Shoreland classification system and land use districts.
(a) Shoreland classification system. The public waters of Chanhassen have been
classified below consistent with the criteria found in Minnesota Regulations, Part
6120.3300, and the Protected Waters Inventory Map for CarveffHennepin County,
Minnesota.
(b) [ Shoreland area defined. ~- The shoreland area for the waterbodies listed below shall
be as defined in section 20 1 1-2 and as shown on the official zoning map.
*MCC recommendation. Staff is proposing that all definitions be consolidated in
Chapter 1.
(c) Lakes.
(1) Natural Environmental Lakes:
Inventory I.D. Number Ordinary High Water
Harrison 10-8W 945.2
Rice Lake 27-132P 699.2
Rice Marsh Lake 10-1P 877.0
St. Joe 10-! 1P 945.2
Silver 27-136P 898.1
(2) Recreational Development Lake
Inventory I,D. Number Ordinary High Water
Ann 10-12P 955.5
Christmas 27-137P 932.77
Hazeltine 10-14P 916.8
Lotus 10-6P 896.3
54
Lucy 10-7P 956.1
Minnewashta 10-9P 944.5
Riley 10-2P 865.3
Susan 10-13P 881.8
Virginia 10-15P 929.8
*Staff is proposing adding the ordinar~ high water elevation as an in[ormational item.
This elevation is necessar~ ['or determining setback requirements.
(d) Rivers and streams.
(1) Agricultural:
Minnesota River--From west city boundary to east city boundary.
(2) Tributary streams:
Bluff Creek--From Basin 10-209W to Basin 27-132P (Rice Lake).
Rily Creek from Lake Ann (10-12P) to Lake Susan (10-13P).
Riley Creek from Lake Susan (10-13P) to Rice Marsh Lake (10-1P).
Lake Minnewashta (10-9P) to Lake Virginia (10-15P).
Basin 10-212 W to Lotus Lake (10-6P).
Purgatory Creek--From Lotus Lake (10-6P) to east city boundary.
Assumption Creek - From west city boundary to Minnesota River.
All protected watercourses in Chanhassen shown on the Protected Waters Inventory
Map for Carver County, a copy of which is hereby adopted by reference, that are not
given a classification herein shall be considered "tributary" streams.
*Revisions add several tributar~ streams to the list in §20-479(d)(2) and clarify the final
sentence.
Sec. 20-480 (a) (3) Zoning and water supply/sanitary provisions.
(3) River/stream lot width standards. Them is no minimum lot size requirements for
rivers and streams, except those specified in the underlying zoning district. The
lot width standards for single, duplex, triplex and quad residential developments
for the six (6) river/stream classifications are as follows:
Tributary
55
Agricultural No Sewer Sewer
Single 150 100 90
Duplex 225 150 115
Triplex 300 200 150
Quad 375 250 190
*Revision corrects subject/verb agreement problem in §20-480(a)(3). Lot minimums are
established in the zoning districts.
Sec. 20-481. Placement, design, and height of structure.
(a) Placement of structures on lots. When mom than one (1) setback applies to a site,
structures and facilities shall be located to meet all setbacks. Structures and onsite sewage
treatment systems shall be setback (in feet) from the ordinary high water level for lakes
and rivers and the centerline of streams as follows:
Classes of Public Structures Sewage Treatment
Waters Structures Sewered System
Unsewered
Lakes
Natural environment 150 150 150
Recreational 100 75 75
Development
Rivers/Streams
Agricultural and 100 50 75
tributary
One (1) water-oriented accessory structure designed in accordance with section 20-
482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the
ordinary high water level for lakes.
(b) Additic. na! ~Structure setbacks. The following a~d!t~cna! structure setbacks apply,
regardless of the classification of the waterbody.
Setback From:
(1) Top of Bluff
(2) Unplatted cemetery
(3) Right-of-way line of federal, state, or
county highway
(4) Right-of-way line of town road, public
streets, or other roads or streets not
classified
Setback (in feet)
30
50
50
20
56
(c) Bluff impact zones. Structures and accessory facilities, except stairways and
landings, shall not be placed within bluff impact zones.
(d) Nonresidential uses without water-oriented needs. Uses without water-oriented
needs shall be located on lots or parcels without public waters frontage, or, if located on
lots or parcels with public waters frontage, shall either be set back double the normal
ordinary high water level setback or be substantially screened from view from the water
by vegetation or topography, assuming summer, leaf-on conditions.
(e) Design criteria for structures.
(1) High water elevations. Structures shall be placed in accordance with any flood
plain regulations applicable to the site. Where these controls do not exist, the
elevation to which the lowest floor, including basement, is placed or floodproofed
shall be determined as follows:
a. For lakes, by placing the lowest floor at a level at least three (3) feet above the
highest known water level, or throe (3) feet above the ordinary high water level,
whichever is higher;
b. For rivers and streams, by placing the lowest floor at least throe (3) feet above
the flood of record, if data am available. If data are not available, by placing the
lowest floor at least three (3) feet above the ordinary high water level, or by
conducting a technical evaluation to determine effects of proposed construction
upon flood stages and flood flaws and to establish a flood protection elevation.
Under all three (3) approaches, technical evaluations shall be done by a qualified
engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to
6120.6200 governing the management of flood plain areas. If more than one (1)
approach is used, the highest flood protection elevation determined shall be used
for placing structures and other facilities; and
c. Water-oriented accessory structures may have the lowest floor placed lower
than the elevation determined in this item if the structure is construed of flood-
resistant materials to the elevation, electrical and mechanical equipment is placed
above the elevation and, if long duration flooding is anticipated, the structure is
built to withstand ice action and wind-driven waves and debris.
* M C C recommendation
(2) Water-oriented accessory structures. Each lot may have one (1) water-oriented
accessory structure not meeting the normal structure setback in section 20-481(a) if
this water-oriented accessory structure complies with the following provisions:
a. The structure or facility shall not exceed ten (10) feet in height, exclusive of
safety rails, and cannot occupy an area greater than two hundred fifty (250) square
feet. Detached decks shall not exceed eight (8) feet above grade at any point.
57
b. The setback of the structure or facility from the ordinary high water level
shall be at least ten (10) feet;
c. The structure or facility shall be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf-on conditions;
d. The roof may be used as a deck with safety rails, but shall not be enclosed or
used as a storage area;
e. The structure or facility shall not be designed or used for human habitation
and shall not contain water supply or sewage treatment facilities; and
f. As an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage of related boating and water-oriented sporting
equipment, may occupy an area of up to four hundred (400) square feet provided
the maximum width of the structure is twenty (20) feet as measured parallel to the
configuration of the shoreline.
(3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to
major topographic alterations for achieving access up and down bluffs and steep
slopes to shore areas. Stairways and lifts shall meet the following design
requirements:
a. Stairways and lifts shall 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;
b. Landings for stairways and lifts on residential lots shall 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, and recreational properties;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and built in
a manner that ensures control of soil erosion;
e. Stairways, lifts, and landings shall be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf-on conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the
58
dimensional and performance standards of subitems-,-~q~, this Section are met
c-ompl-i~a~4t~in addition to the requirements of Minnesota Regulations, Chapter
!240 1341.
*MCC and city attorney recommendation.
(4) Significant historic sites. No structure shall be placed on a significant historic
site in a manner that affects the values of the site unless adequate information about
the site has been removed and documented in a public repository.
(5) Steep slopes. The planning director shall evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions shall be
attached to issued permits to prevent erosion and to preserve existing vegetation
screening of structures, vehicles, and other facilities as viewed from the surface of
public waters, assuming summer, leaf-on vegetation.
(f) Height of structures. All structures in residential districts, except churches and
nonresidential agricultural structures, shall not exceed thirty-five (35) feet in height.
*Revision notes ask if ordinary high water level is practical in discerning setbacks from
streams. Other revisions make minor clarifications. Section 20-481(e)(3) is revised to
cite the correct Minnesota Rules.
Sec. 20-482. Shoreland alterations.
(a) Generally. Alterations of vegetation and topography shall be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve
historic values, prevent bank slumping, and protect fish and wildlife habitat.
Vegetation shall include but not be limited to grasses, forbs, shrubs, trees and
vines.
(b) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated by
section 20-484 of this article are exempt from the following vegetation alteration
standards:,
(2) Removal or alteration of vegetation is allowed subject to the following standards:
Intensive vegetation cleating within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation cleating for forest land
conversion to another use outside of these areas is allowable if permitted as
59
part of a development approved by the city council ' ' if an
erosion control and sedimentation plan is developed and approved by the soil
and water conservation district in which the property is located.
*Development which could be approved by city council include subdivisions, site plans,
interim use permits, or conditional use permits, not [ust conditional use permits. All
these would address potential grading and vegetation issues. Developments would still
need to comply with these standards.
In shorn and bluff impact zones and on steep slopes, limited clearing of trees
and shrubs and cutting, pruning, and trimming of trees is allowed to provide a
view of the water from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access paths, beach and
watercraft access areas, and permitted water-oriented accessory structures or
facilities, provided that:
1. The screening of structures, vehicles, or other facilities as viewed from the
water, assuming leaf-on conditions, is not substantially reduced;
2. Along rivers and streams, existing shading of water surfaces is preserved;
3. The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards; and
4. The clearing shall be limited to a strip thirty (30) percent of lot width or
thirty (30) feet, whichever is lesser, parallel to the shoreline and extending
inward within the shore and bluff impact zones.
c. In no case shall clear cutting be permitted.
Revisions clarify vegetation, clarifies .{20-482(b )(2)b.2. to include streams, and adds
.~20-482(b )(2)c to prohibit clear cutting.
Sec. 20-483. Topographic alterations/grading and filling.
Connections to public waters. Excavations where the intended purpose is connection to a
public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this
article and ~ Chapter 7, article III. Permission for excavations may be given only
after the commissioner has approved the proposed connection to public waters.
*MCC and city attorney recommendation.
Sec. 20-486. Sewage treatment.
60
Any premises used for human occupancy shall be provided with an adequate method of
sewage treatment, as follows:'
(1) Onsite sewage treatment systems shall be set back from the ordinary high water level
in accordance with the setbacks contained in section 20~481 fa) of this article.
(2) A nonconforming sewage treatment system shall be upgraded, at a minimum, at any
time a permit or variance of any type is required for any improvement on, or use of,
the property. For the purposes of this provision, a sewage treatment system shall not
be considered nonconforming if the only deficiency is the sewage treatment system's
improper setback from the ordinary high water level.
(3) The Chanhassen City Council has by formal resolution notified the commissioner of
its program to identify nonconforming sewage treatment systems. Chanhassen will
require upgrading or replacement of any nonconforming system identified by this
program within a reasonable period of time that which will not exceed two (2) years.
Sewage systems installed according to all applicable local shoreland management
standards adopted under Minnesota Statutes, section 103F.221 1057.?., in effect at
the time of installation may be considered as conforming unless they are determined
to be failing, except that systems using cesspools, leaching pits, seepage pits, or other
deep disposal methods, or systems with less soil treatment area separation above
groundwater than required by the Minnesota Pollution Control Agency's Chapter
7080 for design of onsite sewage treatment systems, shall be considered
nonconforming.
*Revisions ask if opening sentence of .~20-486 is meant to be footnoted or if it is a typo.
Also, revisions correct .~20-486(3) by citing the correct Chapter of the Minnesota
Statutes.
Article VIII. Planned Unit Development District
Sec. 20-501 (9)
(9) Use of traffic management and design techniques including the provision of
transit and pedestrian linkages to reduce the potential for traffic conflicts.
Improvements to area roads and intersections may be required as appropriate.
Where appropriate, the use of transportation demand management
strategies may be required within a project.
*Staff is recommending this change to permit the city to require the use of transportation
demand management strategies such as flex time, preferential parking for car pooling,
etc., as part o( a development, if, based on the use, the use could accommodate these
strategies to mitigate tragic impacts.
61
Sec. 20-502. Allowed Uses.
Specific uses and performance standards for each PUD shall be delineated in a
development plan.
(1) Each PUD shall only be used for the use or uses for which the site is designated
in the comprehensive an, ~,-*~v .............
........... .~...~...~...~*' ~ ............... Specific uses and peffo~ance stand.ds for each
P~ shall be delineated in a P~ development plan.
*The city attorney has advised us that this section of the code may be in violation of state
law, i.e., goning must implement and be consistent with the comprehensive plan.
(2) Where the site of a proposed PUD is designated for more than one (1) land use in
the comprehensive plan, the city may require that the PUD include all the land
uses so designated or such combination of the designated uses as the city council
shall deem appropriate to achieve the purposes of this article and the
comprehensive plan.
*For clarification purposes.
Section 20-503 (a) (3)
(3) The property is located in a transitional area between different land use
categories or on a collector, minor an inte-'-:-ediata or principal arterial as defined
in the comprehensive plan.
*The city does not designate intermediate arterials in the comprehensive plan.
Sec. 20-504. (b) and (c)
(b) Site plan review under article II, division 6 of this C.~de chapter shall be carried out
for each non-single family or duplex principal structurew that is proposed.
*MCC recommendation.
(c) PUD plans shall be coordinated with and in compliance with provisions of articles V,
~ m ~;. c~.,~., r,:~.4 ..... ;~ VI, ' , and ...... VII ......... nd
...... ~ .... nct of this chapter.
62
*MCC recommendation.
Section 20-505 (c)
(c) Density. An increase/transfer for density may be allowed at the sole discretion of
the city utilizing the following factors:
(1) Density within a PUD shall be calculated on grcgg net acreage located within the
property lines of the site in accordance with the land use plan.
(2) The area where the density is transferred must be within the project ama and owned
by the proponent.
(3) Density transfer in single-family detached area will be evaluated using the items
listed in section 20-506 or 20-508. Density transfer eligible for multiple-family areas are
not permitted to be applied to single-family areas.
(4) In no case shall the overall density of the development exceed the net density ranges
identified in the comprehensive plan except as specified in policies supporting the
city's affordable housing goals.
*The city does not calculate density based on gross acreage. There has been a conflict
between the PUD ordinance and the Bluff Creek Overlay district. This and changes to
section 20-508 should overcome those conflicts. The comprehensive plan permits density
bonuses for the provision of affordable housing.
Section 20-505 (d) of the Chanhassen City Code is amended to read:
(d) The city may utilize incentives to encourage the construction of projects which
are consistent with the city's housing goals. Incentives may include modification of
density and other standards for developments providing low and moderate cost housing.
Incentives may be approved by the city an!y after contingent upon the developer and the
city ~ entering into an agreement m-e~su~ ensuring that the4ow~
~ the housing will be available to low and moderate income persons for
a specific period of time.
*Revisions proposed to clarify the intent of this requirement. Until the project is
approved, the incentives can not be realized.
Section 20-505 (i)
63
(i) Signs shall be restricted to those which are permitted in the sign plan approved by the
city and shall be regulated by permanent covenants or design standards established in
the PUD Development Contract.
*Language added for clarification purposes. Covenants are private agreements which
are not enforced by the city. Design standards are approved by the city and used for
compliance review.
Sec. 20-505 Q)
(j) The requirements contained in articles XXIII, r- ...... ~ c .... ~ ......~ D .... ~,;^~,
...... XXIV .................. ~ ........... ~,, and .......XXV ......... v-.a, ....
~'~ ,vv ,,v,-vr' ......, ,,,~ of this Chapter may be applied by the city as it deems
appropriate.
*MCC recommendation.
Section 20-506 (b)
(b) Minimum lot size. The standard single-family residential PUD allows lot sizes
down to a minimum of eleven thousand (11,000) square feet (excluding identified
wetland areas from lot calculations). Average lot sizes for the entire PUD shall maintain
a minimum area of fifteen thousand square feet. The applicant must demonstrate that
there are a mix of lot sizes and proposed housing types consistent with the local terrain
conditions, preservation of natural features and open space and that lot sizes are
consistent with average building footprints that will be concurrently approved with the
PUD. The applicant must demonstrate that each lot is able to accommodate a ..... ~ ....
~t-~-- ........ ~. -~a -o r ......... PUD 3,000 square foot building envelope without intruding
into any required setback area or protective easement. Each home must also have a
minimum rear yard thirty (30) feet deep .r~; ............ ~. ....... ~.~.~n ~... ,~.~
atec~ ' ....... * .........
*The comprehensive plan encourages density at the upper end of the permitted density
ranges. There has been extensive discussion regarding the use ora 60' x 60' building
pad. This language is added here to be consistent with the draft subdivision ordinance.
Staff is recommending that we include a minimum buildable area. Staff has pulled
sample surveys from the building department to determine if there is an average building
envelope that should be used to determine adequate building area. The average building
envelope is 2,226 square feet with a range ofl,833 square feet to 2,971 square feet.
These building envelopes range in length from 56 to 80 feet with a depth from 31 to 55
.feet with an average dimension of 68 feet by 47 feet. Rear yard setbacks accommodate
64
this open space. The city does not measure setbacks from the easement line, but rather
from the property line or wetland buffer edge. Wetland setbacks are larger than 30 feet,
therefore, this language is unnecessary.
Section 20-506 (g) (1)
(1) Boulevard plantings. Located in front yard areas shall require a mix of over-story
trees and other plantings consistent with the site. A minimum of one over-story trees
must be provided in each front yard n~n A~:~.~a ................. ; ...... ;~.,
place of mass grading for building pads and roads, stone or decorative block retaining
walls shall be employed as required to preserve mature trees and the site's natural
topography.
*No quantity of overstorv trees was specified. This language is consistent with the
subdivision ordinance. Whether or not a development has an entrance monument should
be left up to the project. Also, "well designed" is vague.
Section 20-508 (a)
(a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar
type dwelling types ara!! only may be allowed on sites designed for low, medium or high
density residential uses by the City of Chanhassen Comprehensive Plan.
*The use of the PUD for these types of developments are at the discretion of the city, not
mandatory. The language change resolves some of the conflict between the PUD
ordinance and the Bluff Creek Overlay district. While members of the Planning
Commission felt that this provision should be contemplated only for residential low
density property within the Bluff Creek Overlay district, city council directed that it be a
potential zonine option citywide In any case, the limiting factor in the number of
dwelling units is the net density.
Section 20-508 (e) (1)
(1) Boulevard plantings. Located in front yards shall require a mix of over-story
trees and other plantings consistent with the site. Landscaped berms shall be provided to
screen the site from major roadways, railroads and more intensive land uses. ~
'~;~ ................. ~ ...... ~°~ In place of mass grading for building pads and
roads, stone or decorative blocks retaining walls shall be employed as required to
preserve mature trees and the site's natural topography.
*Whether or not a development has an entrance monument should be left up to the
pro/ect. "Well designed" is vague.
65
Section 20-517 (a)
a) In order to receive guidance in the design of a PUD prior to submission of
a formal application, an applicant may submit a concept plan for review
and comment by the planning commission and city council. Submission
of a concept plan is optional but is highly recommended for large PUDs.
In order for the review to be of most help to the applicant, the concept
plan should contain such specific information as is suggested by the city.
Generally, this information should include the following information
appropriate to the type of development, e.g., commercial, industrial, or
residential:
1) approximate building areas, pedestrian ways and road locations;
2) height, bulk and square footage of buildings;
3) type, number or square footage or intensities of specific land uses;
4) number of dwelling units;
5) generalized development plan showing areas to be developed or
preserved; and
6) staging and timing of the development.
*These standards incorporate the concepts contained in the Minnetonka standards. Our
intend at this stage of the development review is to understand the concept of the overall
development, rather than the detailed information that will be worked out at the
development stage, i.e., preliminary plat, and final stage, i.e., final plat approvals.
Article IX. A-1 Agricultural Preservation District.
66
Delete sections 20-551 through 20-557.
*The city does not have any A-i land, nor is there an intent to preserve agriculture in the
community in the long term.
Article X. A-2 Agricultural Estate District
Sec. 20-572. Permitted Uses.
The following are permitted uses in an "A-2" District:
(1) Agriculture.
(2) Public and private parks and open space.
(3) Single-family dwellings.
(4) State-licensed day care center for twelve (12) or fewer children.
(5) Utility Services.
(6) 8mte4ie~ms~ group home for six (6) or fewer persons.
(7) Temporary real estate office or model home.
(8) Arboretums.
(9) Antennas as regulated by Article XXX of this chapter.
*MCC recommendation. Group homes, by definition, must be state licensed. Note: We
will alphabetigethe list when we redo the ordinance.
Article XI. RR Rural Residential District
Sec. 20-592. Permitted uses.
The following uses are permitted in an "RR" District:
(1) Single-family dwellings.
(2) Public and private parks and open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) £tato~ licensed group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Agriculture.
67
(8) Antennas as regulated by article XXX of this chapter.
*MCC recommendation. "State-licensed" is part of the definition of a group home.
Article XII. RSF Single Family Residential District
Sec. 20-612. Permitted uses.
The following uses are permitted in an "RSF" District:
(1) Single-family dwellings.
(2) Public and private parks/open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) 8mm4iee,ased group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Antennas as regulated by article XXX of this chapter.
*MCC recommendation.
*Combine parks and opet~ space ax a single use. arm public trod private parkx to RSF
District.
Article XXIII. General Supplemental Regulations.
Sec. 20-904 (a) (3) Accessory Structures
(3) Tennis courts and swimming pools may be located in rear yards with a
minimum side and rear yard setback of ten (10) feet,-[but] k:w,~':er, must
comply with applicable ordinary high water mark setbacks.
*MCC recommendation.
Sec. 20-905 (3) and (5) Single-family dwellings.
(3) Have an earth covered, composition, shingled or tiled roof or other materials
approved by the Un~fe~'-m Minnesota State Building Code as adopted and
amended by the city.
68
(5) Meet the requirements of the Unifc,:xn Minnesota State Building Code as
adopted and amended by the city or the applicable manufactured housing
Code.
*Minnesota State Building Code applies.
Sec. 20-908. Yard Regulations.
The following requirements qualify or supplement district regulations. Yard
measurements shall be taken from the nearest point of the wall of a building to the lot line
in question, subject to the following qualifications:
(1) Every part of a required yard or court shall be open and unobstructed.
(2) A yard, court, or other open space of one (1) building used to comply with the
provisions of this chapter shall not again be used as a yard, court, or other open space for
another building.
(3) Except as provided in the business, industrial, and office districts, the front yard
setback requirements shall be observed on each street side of a comer lot; provided,
however, that the remaining two (2) yards will meet the side yard setbacks.
(4) On double frontage lots, the required front yard shall be provided on both streets.
Whenever possible, structures should face the existing street.
(5) The following shall not be considered to be obstructions (variances granted from a
required setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two (2) feet, six (6) inches; fire escapes may project a distance not
exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings
may project a distance not to exceed six (6) feet, provided such stair and landing
shall not extend above the entrance floor of the building; bay windows, balconies,
open porches and chimneys may project a distance not exceeding three (3) feet;
unenclosed decks and patios may project a distance not exceeding five (5) feet and
shall not be located in a drainage and utility easement. Other canopies may be
permitted by conditional use permit.
b. The above-named features may project into any required yard adjoining an interior
lot line, subject to the limitations cited above.
69
Porches that encroach into the required front yard and which were in existence on
February 19, 1987 may be enclosed or completely rebuilt in the same location
provided that any porch that is to be completely rebuilt must have at least a ten-foot
minimum front yard.
Subject to the setback requirements in section 20-904, the following are permitted
in the rear yard: enclosed or open off-street parking spaces; accessory structures,
toolrooms, and similar buildings or structures for domestic storage. Balconies,
breezeways and open porches, unenclosed decks and patios, and one-story bay
windows may project into the rear yard a distance not to exceed five (5) feet.
e. Into any required front, rear, or side yard: driveways, s~dewalks ............
~,4~.,~ ..... ~ fences and retaining walls.
The intent of this section is to allow homes built prior to February 19, 1987 to add
an open porch as an architectural feature to define the entrance into a residence or
update a front elevation.
Homes built prior to February 19, 1987 may have open porches and/or
balconies that encroach into the required front yard a distance not exceeding
ten (10) feet, provided they maintain a minimum front yard setback of twenty
(20) feet. The ten (10) feet shall include the roofline, support columns, and
steps. This area shall not be enclosed nor screened with mesh, glass, or other
similar material. Homes that are on the National Register listing or have been
considered eligible for listing on the National Register shall be excluded from
this ordinance unless approved by the National Historical Registrar's Office.
(6) The placement of any structure within easements is prohibited. Structures may
be allowed within an easement with an encroachment agreement if they do not alter
the intended use of the easement. A driveway or sidewalk from the street to the
house crossing drainage and utility easements at the front of the property are
exempt from this requirement.
*Currently, staff does not allow the placement of any permanent structures (i.e., decks,
retaining walls, sheds, etc. ) within easements. Fences and other items may be allowed
through the use of an encroachment agreement. Staff will review the placement of each
proposed structure and, if they do not alter the intended use o[ the easement, will allow
the structure with an encroachment agreement.
Sec. 20-909. Outdoor storage.
As otherwise regulated, all outdoor storage is prohibited except:
(1) Clothes line poles and wires.
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(2) Construction and landscaping material currently being used on the premises.
(3) Swings, slides and other play equipment.
(4) Outdoor furniture and lawn and garden equipment.
(5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows:
a. In a neat and secure stack, not exceeding four (4) feet.
b. The wood stack is not infested with rodents.
c. The wood is not kept in a front yard.
(6) Continued storage of a property owner's or property lessee's, who resides on
the property, boats, all-terrain vehicles, an~ snowmobiles and trailers may be stored
in the side or rear yard behind the required front setback.
(7) Outside storage of tires is prohibited.
(8) PODS (personal on demand storage) and roll-off dumpsters may be located a
property a minimum of six feet (6') away from the house for fire protection and at
least ten feet (10') from any property line. Such containers may be kept on site for
a maximum of 30 days per year. An extension of the 30 days may be granted by
the city if the container is used in conjunction with a valid and ongoing building
permit.
*The city has had problems with individuals using there yards for the storage of other
peoples property. This can create unsightly conditions. Additionally, this may become a
commercial operation which should be located in commercial or industrial districts,
rather than in residential neighborhoods. PODS and roll-offs are not currently
regulated. Occasionally, they can be a problem for neighbors. The city does have a
permit process for locating such structures within the public right-of-way.
Sec. 20-913. Lighting. (New subsections (d) and (e))
(a) Glare, whether direct or reflected, as differentiated from general illumination shall
not be visible beyond the limits of the site from which it originates.
(b) No light which is flashing, revolving or otherwise resembles a traffic-control signal
shall be allowed in any area where it could create a hazard for passing vehicular traffic.
State law references: Similar provisions, M.S. § 169.073.
(c) Lighting fixtures on poles shall comply with the following:
71
(1) All fixtures must be shielded, high pressure sodium with a total cutoff angle equal
to or less than ninety (90) degrees.
(2) Fixture height shall not exceed thirty (30) feet. Recreational facility fixtures shall
not exceed sixty-five (65) feet in height.
(3) Photometrics shall incorporate existing light fixtures, public or private, that may
impact the site.
(4) All outdoor light fixtures existing and legally installed prior to February 22, 1999,
are exempt from the requirements of this article, unless work is proposed in any one
(1) year period so as to replace fifty (50) percent or more of the existing outdoor light
fixtures, or to increase to the extent of fifty (50) percent or more the number of
outdoor light fixtures on the premises.
(d)Wall mounted lighting shall comply with the following:
(1) All fixtures shall be shielded with a total cutoff angle equal to or less than 90
degrees.
(e) Lighting shall not be directed skyward except for lighting designed for
illuminating the United States of America Flag.
*It was the intent of the lighting ordinance to reduce or eliminate general lighting of the
night sky. However, as written, the ordinance would permit wall mounted lighting to be
directed skyward or spotlights located on the ground to shine skyward. While section (a)
implies this prohibition, staff recommends that we clarify the issue.
Sec. 20-919. Telephone equipment buildings.
Telephone equipment buildings are allowed in all zoning districts as an c~n~t~.~nal
ancillary use subject to the following standards:
(1) The site must provide landscaping as required in article XXV.
(2) The driveway surface shall be surfaced with a hard, all-weather, dust free and
durable surfacing material.
(3) The applicant shall receive an access permit from the regulating agency.
(4) The building shall meet the required setbacks of the district in which it is located.
(5) The equipment building shall be architecturally consistent with surrounding
structures.
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(Ord. No. 80, Art. VI, § 26, 12-15-86; Ord. No. 80-B, § 1, 6-15-87)
*Utility services are a permitted use in all districts. If the city has these standards that
must be followed, it does not make sense to say that they must also go through a
conditional use permit process. The city regulates communication towers as a
conditional use; the equipment buildings are usually ancillary to those, lf it is truly felt
that these structures require a conditional use permit, we should revise the district
regulations to state as such and add these criteria to Chapter 20, Article IV, Conditional
Uses, rather than leaving it in the supplemental regulations..
Sec. 20-920. Privately Owned Underground Amenities
Privately owned underground amenities such as but not limited to irrigation
systems and invisible dog fences shall not be allowed in the public right-of-way.
Neither shall these items be allowed in any City easement without an encroachment
agreement. The City shall not be responsible for the repair or replacement of any
such amenity unless such responsibility is agreed to by the City.
*The city currently does not regulate the installation of these amenities. As these items
have become more common, the city is running into more and more issues with them as
part of the city's operations.
Sec. 20-978. Occupations prohibited.
O-) Contractors' yards/landscaping businesses are prohibited.
*MCC recommendation. If we develop a list, then we will number them.
Fences
Sec. 20-1017. Permit.
A building permit shall be obtained for any permanent fence installed for any purpose,
including underground (invisible) fencing, other than an agricultural purpose prior to
installation of same. The installation of temporary or seasonal fencing, e. g., snow
fencing, garden fencing, etc., without permanent posts is exempt from this
requirement. A site plan showing the location of the fence shall be submitted with the
permit application. The b::!!~ng ~ffic!a! city may require a fe~c-e permit applicationt to
provide a registered land survey establishing property lines. A building permit, in lieu
of a zoning permit, shall be required for fences in excess of six (6) feet in height and
retaining walls in excess of four (4) feet in height.
73
*To clarify that temporary fencing does not require a permit. Building permits are not
required [or fences less than 6 feet tall by the state building code.
Sec. 20-1019. Location.
(a) Generally. All fences and retaining walls shall be located entirely upon the
property of the fence or retaining wall owner unless the owner of the adjoining
property agrees, in writing, that said fence or retaining wall may be erected on
the property line of the respective properties. Such agreement shall be submitted
at the time of building permit application. Encroachment into a City easement
shall require an encroachment agreement between the property owner and
the city. Fences shall not be placed within the public right-of-way.
(b) Wetlands. No fences shall be permitted below the ordinary high water mark of a
wetland or within the required wetland buffer area.
(c) {Buffers.I- No fences shall be permitted between a required landscape buffer and
a collector or arterial street.
(d) Temporary fences. Temporary fencing, such as fencing installed to enclose a
seasonal garden or snow fencing in winter, may not be located within the
front yard setback. Snow fencing shall not be located within any drainage or
utility easement.
*The city has treated retaining walls as a type offence. This amendment clarifies that
policy. The city does not currently issue building permits for temporary fencing. It is felt
that providing location standards will address concerns that people have.
Sec. 20-1025. Retaining Walls
Retaining walls exceeding four (4) feet in height, including stage walls which
cumulatively exceed four (4) feet in height, must be constructed in accordance with
plans prepared by a registered engineer or landscape architect and shall be
constructed of brick, concrete or natural stone. Artificial material may be approved
if appropriate. A permit is required for the construction of retaining walls.
*Retaining walls are mentioned in sections 20-118, site plans, and20-1183,
landscaping. They should be located in the fences and walls section of the supplemental
regulations. Staff is recommending that those sections be deleted.
Sec. 20-1048. Compliance with technical code.
(a) Standard drawings of the structural components of the wind energy conversion
system and support structures, including base and footings shall be provided
along with engineering data and calculations to demonstrate compliance with the
structural design provisions of the Unifc..'-m, Minnesota State Building Code as
74
adopted and amended by the city. Drawings and engineering calculations shall be
certified by a registered engineer.
*State Building code prevails.
Sec. 20-1055
WECS shall not have affixed or attached any lights, reflectors, flashers or any other
illumination, except for illumination devices required by FAA Regulations part 77
"Objects Affecting Navigable Air Space" and FAA Advisory Circular 70/7n,~0 !F
70/7460 1K CHG1 Ap '1 15 2000 e ..... ~.~ ~n'~ ,,n~. ....... :^. ~.: .... .~
*MCC and city attorney recommendation.
Sec. 20-1065. Material and detail.
All manmade architectural, landscape, and paving materials shall reflect the highest
quality possible and should be used in a manner suitable to the nature of the material, its
role in the design, general durability, expected level of use or abuse, weathering
characteristics, and ease and frequency of maintenance. The following materials or
equivalent materials are acceptable:
* Brick
* Stone
* Glass
* Textured masonry units
* Wood, consisting of lap siding with an exposure no greater than seven (7) inches or
wood shakes; surfaces must be painted;
* Stucco
* Tilt up concrete panels that are grid or brick like in appearance
Accent material may occupy up to fifteen (15) percent of the building's facade. These
may include metal, glass block, spandrel glass or similar materials approved by the city.
GRAPHIC LINK: Material and Detail
The following may not be used in any visible exterior application except when
specifically permitted by the city in areas with limited public view or accent areas:
* Plain/p~nted poured concrete panels"castin place"
* Painmd brick
* P~nmd concrete panels
*P~nted rock faced block
75
*Unadorned plain or painted concrete block
* Tilt-up concrete panel that are ribbed or corduroy in appearance
* Prefabricated steel or sheet metal panels
* Reflective glass
* Aluminum, vinyl, fiberglass, asphalt or fiberboard siding
* EFIS (exterior finish and insulating fin~g~ system) may be used as an accent but not
a primary material
*Besides being exterior finish insulating system, there have been a series of variances
regarding the limitation of EFIS. Variances have been approved for the use of more than
15 percent EFIS on the Chanhassen Community Bank Building and the Northcott Inn &
Suites, 16 and 26 percent, respectively. Additionally, we have other buildings in the
community that exceed these percentages, e.g., Bokoo Bikes (56 percent), Bell Mortgage
building (33 percent), Perkins, and Americana Bank to name a few.
From an aesthetic standpoint, EFIS is no different than stucco, which is permitted. So
the question becomes is it a maintenance issue, e.g., poor drainage or easily damaged, or
is there another issue that needs to be addressed?
Sec. 20-1068. Facade transparency.
Fifty (50) percent of the first floor ele~aO~a faqade that is viewed by the public shall be
designed to include transparent windows and/or doors to minimize expanses of blank
walls. (Reflective glass is not permitted). If the building is a one-story design and the
first floor elevation exceeds 12 feet, then only the first 12 feet in building height shall
be included in calculating the faqade area.
The remaining fifty (50) percent of the first floor ote,,hatio~ faqade that is viewed by the
public, shall be designed to include any or all of the following:
* Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.)
* Architectural detailing and articulation that provides texture on the facade and/or
parking structure openings.
*Facade is defined as the area o£ the building wall from grade to the top of the parapet
or eves and the entire width of the building elevation. This should clarify that windows
and doors should represent 50 percent of the wall area for the first floor. Additionally,
we want to limit the height of the building used to calculate the facade area for building
which may be one-stor~, but have a height of 20 - 24 feet or more, e.g., Tires Plus or most
industrial office buildings which need the higher building height to accommodate
warehouse spaces.
Article XXIV. Off-street Parking and Loading
76
Sec. 20-1101 (2) Driveway ...
(2) Minimum driveway distances from street intersections shall ' ' '
..... ~ ....... :~' ~ ..... ~ l~tcd in comply with the minimum distances provided
in the most recent issue of the Institute of Transportation Engineers publications
available at the time of installation ¢tmed4gS~ ~hz!! ~' ..... ~ .... :-: ..... ~ -
*MCC recommendation and city attorney.
Sec. 20-1118. (a) Design of parking stalls and drive aisles.
(a) Parking spaces shall be designed in conformance with the following: parking
stalls shall have a minimum paved dimension of oigh-t-ambom~q~ nine feet by
eighteen (18) feet. Stall and aisle dimensions shall be as noted below for the
given angle:
Angle Curb Length Stall length Aisle
45 degree 12.0' 18.0' 13.5' 15'
60 degree 10.0' 18.0' 18.5' *
90 degree g-.-.-3 9' 18.0' 26'
Parallel 20.0' 8.0' 22'
*One-way aisles only.
*** Dead end aisles must be provided with a twenty-six (26) feet by ten (10) feet
unencumbered area at the end to facilitate vehicle turning movement.
*This requirement applies to all dead-end aisles and therefore should not be a note (***)
With the ever increasing size of today's vehicles, staff thought it would be good to take a
look at the size of required parking stalls in the City. Staff measured the size of an
extended cab pick-up truck, one of the top selling vehicles in the country, and laid out the
pick-up's dimensions (7'x 18') on the three angled parking configurations in the above
table. The only parking configuration where there were problems was with the 45° angle
parking. There doesn't appear to be sufficient room for a truck to drive down a 13.5-foot
wide parking aisle with two other trucks parked on each side of the aisle. Also, the
industry standard width of parking stalls for 90° angled parking has moved to a wider
stall, from 8.5' to 9'. This wider stall width can be seen in recently approved site plans,
such as Holiday Inn Express and Vengra Design.
Sec. 20-1122 (a) Access and driveways
77
For the first 20 feet from the front property line, driveways shall have a
minimum of 10 foot setback from the side property line. Beginning at 20 feet
from the front property line, driveways may have a minimum 5 foot side
yard setback unless an encroachment agreement is received from the city in
which case the side yard setback may be reduced.
*The language is confusing. Can you be up to the property line from the front of the lot
to 20 feet back and then must maintain a 5 foot side setback, unless you get an
encroachment agreement. Staff has drafted a revision, which we believe, more clearly
defines the intent of this criteria?
Sec. 20-1124 (2) f. Required number of on-site parking spaces.
f. Dwelling:
1. Single-family--Two (2) parking spaces, both of which must be completely
enclosed. No garage shall be converted into living space unless other acceptable on-
site parking space is provided.
(a)L-.r~ ..° A,, .R E, R.~ ~ ~.o.-~.o,~r~:"*'4~'" a efficiency units and one-bedroom units m. .... ,.
(-2-) One and one-half (1 Vz) stalls, one (1) of which must be completely
enclosed in a garage.
(b) L~..r~ R ~,, R~,° .~ ........... ~ {me two-bedroom and larger units--Two (2)
stalls, one and one-half must be completely enclosed in a garage.
(?2)One-quarter visitor stall per dwelling.
(d) Senior Housing. Housing designed and limited to senior citizens, age
restricted to those 55 years of age and older, shall provide one parking
stall per dwelling unit, which must be enclosed in a garage. Assisted
living facilities shall provide 1/3ra parking stall per dwelling unit. All
required parking for assisted living dwelling units must be enclosed in a
garage.
3. Garage stalls for multifamily buildings containing more than twenty (20)
dwellings must be placed underground or attached to the primary structure.
The city may allow freestanding garage stalls only when the applicant
demonstrates that the architectural design of the building results in an inability
78
to accommodate all the stalls under the building and when the majority of this
requirement is met with underground parking.
In multifamily rental buildings, the use of at least one (1) enclosed stall shall
be included in the lease or rental rate of each apartment. In multifamily
owner-occupied buildings at least one (1) enclosed stall shall be included in
the sales price of each home.
6:. One (1) visitor parking stall shall be provided for each four (4) dwellings.
*Parking standards should be based on the number of bedrooms, not the zoning district.
Additionally, parking demand and trip generation rates are different for senior housing
pro[ects.
Sec. 20-1124 (2)n.
Office buildings (administrative, business or professional)--Buildings under forty-nine
thousand nine hundred ninety-nine (49,999) square feet, five (5) ~,.~. ......
(4.5) stalls per one thousand (1,000) square feet gross floor area; buildings from fifty
thousand (50,000) to ninety-nine thousand nine hundred ninety-nine (99,999) square feet,
four (4) stalls per one thousand (1,000) square feet gross floor area; and buildings over
one hundred thousand (100,000) square feet, three and cn~ half (3.~) stalls per one
thousand (1,000) square feet gross floor area. Building area square footages shall
exclude common areas such as reception areas, cafeterias, hallways, etc. in
calculating the parking requirements for an office building.
*Staff is investigating this change to more adequately address the parking for offices.
Where actual office space is provided, more individuals can be located, however, much of
the common space leads to over-parking of sites.
Article XXV. Landscaping and Tree Removal
Sec. 20-1176 (f) (2) (b) Landscaping
(b) Determine the buffer yard required on each boundary, or segment thereof, of the
property by referring to the following table of buffer yard requirements and
illustrations {-set at the end of subsection (2) ]-,which specify the buffer yard
required between adjacent uses and streets.
*MCC recommendation.
79
Sec. 20-1181 (b). Vehicular areas.
(b) Interior landscaping for vehicular use areas:
(1) Any open vehicular use areas containing more than six thousand (6,000) square feet
of area, or twenty (20) or more vehicular parking spaces, shall provide interior
landscaping in accordance with this division in addition to "perimeter" landscaping.
Interior landscaping may be peninsular or island types. Landscaped area shall include
all parking lot and drive islands and perimeter green spaces. Required setback areas
shall be excluded.
(2) For each one hundred (100) square feet, or fraction thereof, of vehicular use area,
eight (8) square feet of landscaped area shall be provided.
(3) The minimum landscape area permitted shall be two hundred (200) square feet, with
a six-foot minimum dimension to all trees from edge of pavement where vehicles
overhang and a four-foot minimum dimension to all trees where vehicles do not
overhang.
(4) In order to encourage the required landscape area to be properly dispersed, a
minimum of one (1) peninsular, island, or boulevard type landscaped area shall be
located within each six thousand (6,000) square feet of vehicular use area.
(5) A minimum of one (1) tree shall be required for each two hundred fifty (250) square
feet or fraction thereof, of required landscape area. Trees shall have a clear trunk of at
least five (5) feet above the ground, and the remaining area shall be landscaped with
shrubs, or ground cover (not to include rocks or gravel except as a mulch around
shrubs and ground cover), not to exceed two (2) feet in height.
(6) Research. The inside dimension, behind the curb in landscape islands or
peninsulas, shall be a minimum of 10 feet.
(7) All landscaped areas shall be protected by concrete curbing.
(8) All landscaping area shall have the proper soil preparation to ensure the viability of
the vegetation to survive. The landscaping plan shall provide specifications for proper
soil preparation.
*Staff has been requiring aeration tubing for islands less than 10 feet in width. However,
trees have a better chance at survival and grow larger ifa larger area is provided.
Landscape islands and peninsulas less than 10 feet in width do not provide sufficient
surface area to accommodate tree growth. Criteria 6 will implement criteria 3.
Sec. 20-1183. (a) (3) Landscaping Materials
80
(3) Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant
materials shall meet the following requirements:
Deciduous trees. Shall be species having an average crown spread of greater than
fifteen (15) feet and having trunk(s) which can be maintained with over five (5)
feet of clear wood in areas which have visibility requirements, except at vehicular
use area intersections where an eight-foot clear wood requirement will control.
Trees having an average mature spread of crown less than fifteen (15) feet may be
substituted by grouping of the same so as to create the equivalent of a fifteen-foot
crown spread. A minimum of ten (10) feet overall height or minimum caliper
(trunk diameter, measured six (6) inches above ground for trees up to four (4)
inches caliper) of at least two and one-half (2 1/2) inches immediately after
planting shall be required. Trees of species whose roots are known to cause
damage to public roadways or other public works shall not be placed closer than
fifteen (15) feet to such public works, unless the tree root system is completely
contained within a barrier for which the minimum interior containing dimensions
shall be five (5) feet square and five (5) feet deep and for which the construction
requirements shall be four (4) inches thick, reinforced concrete. Trcza aha!! be
............ a ~... ~a.. ataff
b. Evergreen trees. Evergreen trees shall be a minimum of six (6) feet high with a
minimum caliper of one and one-half (1 1/2) inches when planted when counted
as an understory tree. Overstory evergreens shall be a minimum of eight (8)
feet high.
c. Shrubs and hedges. Deciduous shrubs shall be at least two (2) feet in average
height when planted, and shall conform to the opacity and other requirements
within four (4) years after planting. Evergreen shrubs shall be at least two (2) feet
in average height and two (2) feet in diameter. ,,~.,~.4
d. Vines. Vines shall be at least twelve (12) inches high at planting, and are
generally used in conjunction with walls or fences. Matz,~a!s to be s~.!zc, tcd from_
II fo!! ' g
Grass or ground cover. Grass shall be planted in species normally grown as
permanent lawns, and may be sodded, plugged, sprigged, or seeded; except in
swales or other areas subject to erosion, where solid sod, erosion reducing net, or
suitable mulch shall be used, nurse-grass seed shall be sown for immediate
protection until complete coverage otherwise is achieved. Grass sod shall be
clean and free of weeds and noxious pests or diseases. Ground cover such as
organic material shall be planted in such a manner as to present a finished
appearance and seventy-five (75) percent of complete coverage after two (2)
complete growing seasons, with a maximum of fifteen (15) inches on center. In
81
certain cases, ground cover also may consist of rocks, pebbles, sand and similar
materials if approved by the city. Matv~al: ~' ~'~ ~ .... ~ r~-- ~r.k~ tt
*l[ evergreens are to be counted as overstory trees, they should be larger to begin with.
Sta~[ is consolidating retaining walls in section 20-1025 under [ences and walls.
82
83
TABLE II
84
*StalC[ is proposing that the tree list be eliminated. The city requires that a landscape
professional prepare the landscaping plan, which is reviewed and approved by the city.
This tree list is unnecessary.
Article XXVI. Signs.
Sec. 20-1270. Uniform Sign Code.
The design and construction standards as set forth in Chapter 4 of the 1991 1997 edition
of the Uniform Sign Code as may be amended, are adopted.
*MCC recommendation.
Article XXVIII: Bluff Protection
Sec. 20-1402. Stairways, lifts, paths and landings. (See also sec. 20-481 are there
c i ts?)
Stairways, paths 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, paths and lifts must receive an earthwork permit and must meet the
following design requirements:
(1) Stairways, paths 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) Reserved.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, paths, lifts and landings may be either constructed above the ground on posts
85
or placed into the ground, provided they are designed and built in a manner that ensures control
of soil erosion.
(5) Stairways, paths, lifts and landings must be located in the most visually inconspicuous
portions of lots.
(6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are
also allowed, provided that the dimensional and performance standards of subitems (1) to (5)
are complied with.
*Staff is recommending that impervious paths be included as a permitted use within the
bluff area. Do we want to include dirt paths?
Sec. 20-1403. Removal or alteration of vegetation
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 community
development 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
clearcutting be permitted. City staff will work with the property owner to develop a
means of creating a view while minimizing disturbance to the bluff impact zone.
*Revisions clarify .~ 20-1403.
Article XXX. Towers and Antennas.
Sec. 20-1503 (b)
(c) [Maximum height]- Except as provided in the following section, maximum
heights for towers shall be as follows:
*MCC recommendation.
Sec. 20-1505.
Towers shall conform with each of the-[ following ]-minimum setback requirements:
*MCC recommendation.
Sec. 20-1508 (1)
86
(1) All applicable provisions of this Code-[ shall be complied with ]-.
*MCC recommendation.
Article XXXI. Bluff Creek Overlay District
Sec. 20-1555. Boundary delineation.
(a) Generally. Primary and Secondary Zones shall be subject to the requirements
established herein, as well as restrictions and requirements established by other
applicable city ordinances and regulations. The Bluff Creek Overlay District Water:~c,d
regulations shall not be construed to allow anything otherwise prohibited in the zoning
district where the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary Zones include land that is generally
defined in this article and in the Bluff Creek Watershed Natural Resources Management
Plan. Boundaries as established by officially adopted city maps shall be prima facie
evidence of the location and type of watershed zone. The official maps shall be
developed and maintained by the planning department. The applicant shall provide
appropriate technical information, including but not limited to, a topographical survey,
flora and fauna survey and soil data deemed necessary for the city to determine the exact
watershed zone boundary. The community development ~!anning director shall make a
determination to maintain the officially designated watershed zone boundary or if the
boundaries need to be corrected on city plans and maps based upon the data that is
supplied. Data for watershed zone delineation shall be generated and provided by a
qualified professional specializing in watershed management, environmental science or
other related profession. The applicant may appeal the community development
~!ann~ng director's determination of the watershed zone boundary and type to the city
council.
Revisions clarify .{20-1555.
Sec. 20-1558. Site views.
Through environmentally sensitive design such as "terrain adaptive architecture" (see
Figure 1), landscaping and site planning, site views both to and from the BCO4g district
shall be preserved and enhanced to the greatest extent possible so as to maintain views
that reflect and protect the natural beauty of the BCO District. Special attention should
be given to views that are highly accessible to the public such as scenic overlooks, ridges
and trails. Clustering of development away from natural overlooks is encouraged.
GRAPHIC LINK: Figure 1. "Published in APA PAS Report #466"
Revision clarified that the proper abbreviation is BCO, not BCW.
87
Sec. 20-1559. Density clustering.
Density clustering shall be allowed as a tool to facilitate cluster development within the
Bluff Creek Overlay District C~:~dar. Density clustering may be used in areas where
portions of the site are unsuitable for development because of the location of the Primary
Zone Ce.~der. Density clustering shall not be allowed for areas that are otherwise
considered unbuildable due to wetlands, lakes and other areas not suitable for building
purposes.
In areas where density clustering is applicable, density may be transferred to
unconstrained parts of the site within land included in the Secondary Zone CerrSA~cr,
subject to the restrictions of this article, and within land lying outside of identified zone
:~:':5~.~r areas. Additionally, the following conditions may qualify for density clustering:
(a) Land slopes in the Secondary Zone that exceed twenty-five (25) percent on
average.
(b) Land in the Secondary Zone containing stands of native trees.
(c) Land with suitable natural habitat to endangered or threatened species or a fragile
ecosystem.
GRAPHIC LINK: Click here for graphic
GRAPHIC LINK: Click hem for graphic
*Revisions change ,~20-1559 so that it uses the correct "gone" terminology.
Sec. 20-1561. Natural habitat preservation.
(a) Natural habitat areas within the primary zone shall be preserved as permanent open
space. Any development that occurs shall be directly related to the development of a
continuous greenway along the creek from the Minnesota River to Lake Minnewashta as
outlined in the Bluff Creek Watershed Natural Resources Management Plan.
(b) Where possible, any disturbances of natural habitat areas within the Secondary Zone
shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall
adhere to the practices delineated in the Ceity's Best management Practices Handbook.
* Revision explains that development within the corridor is intended to assist in the
development ora continuous greenwa¥ along the creek. "City" is ,~20-1561(b ) has been
capitaliged.
88
Sec. 20-1564. Structure setbacks.
All structures shall be seO~4 set back a minimum of forty (40) feet from the Primary
Zone. No disturbances of the site shall occur with the first twenty (20) feet of such
setback.
*MCC recommendation.
89
ZONING MATRIX 12/14/98
2/2/2004
SIC CUP Section
Accessory Agricultural Building See Definition
Adaptive Reuse 1542
Agriculture N/A
Animal Hospital N/A
Arboretum
Auto Rental Facilities
Bars and Taverns 5813 N/A
Bed & Breakfast 7011 20-252, 20-285
X
Bowling Center N/A
Building Supply Center N/A
Car Wash 7542
Cemetery 6553
Churches 8661 20-258
Clubs and Ledges/Golf Club 7997
Cold Storage
IOP
P
I
C
P
A/C
Commercial Kennels
Commercial Stables
Community Center
20-254, 20-295
20-254, 20-295
See Dermition
Concrete Mixing Plant 3531
Contracting Yard
Define
Convenience Store with gas pumps 5411 20-288
Convenience Store without gas 5411 N/A
See Definition
Cultural Facility 8412
Day Care Center 20-261, 20-292
Day Care Center (12 or leas) 8351 20-261, 20-292
Department Store N/A
Dock See Del'tuition
Dflve-in Banks 20-284
Electric Substation See Definition
',Eusi~lon Control Staton ?549
Testing
2~264
20-293
;Entertainment ?9? N/A
g:~plan~bg~zone.xls A-Accessory Use, C-Conditional Use, I-Interim Use, P. Permitted Use 1
ZONING MATRIX 12/14/98
2/2/2004
ZONING DISTRICT
CLASSIFICATIONS SIC CUP Section ;~I' A-2 RR RSF R4 ~ RS R12 RI6 BN BH CBD BG OI lOP
Equipment Rental 735? Too Limited? C ~, .:
Farmers Market $431 I I
Fast Food Restaurant $812 20-289 C P P/C P
Financial Institution $2 N/A p p p
Fire Station ~224 N/A p
Food Processing 203,205, 206,208,209 : C
Funeral Home 7261 N/A p p p
Garage See Defluition N/A A A A A A A A A A
Garden Center $26 C P
Golf Course 1992 C
Goff Driving Range 1999 20-265 1
Group Home (6 or less persons) ~361 20-253
Group Home (7 - 16 persons) [361 20-253 C C C C C C ·
Hardware Goods ~251 N/A p
Health and Recreation Club 1991,7997 N/A
/l/Ill /11 //I/
Home FnI'~hlngs $7 N/A ~: p p
Home Improvement Trade See Del'tuition P C
Home Occupations See Sec, 20-976-20-985 N/A A A A A A A A A A
Hospitals 806 N/A p
Hotel 7011 P P C
Indoor Health & Recreation Club 7991 N/A p
Library 8231 N/A p
Light Indnstrial Del'tuition 22- 25,27,28 ? N/A ' : p
Liquor Store 5921 N/A p p
Lumber Yard 5031 · C
Manufactured Home 2451 ~ I CJI
Mineral Extraction 14
Miuiture Goff 7999 20-265 I p p
Model Home See Def'mition P P P P P P I C
Motel 7011 P P C
Motor Freight Terminal 421 ~ ,:~ C
Motor Fuel Station 554 20-282 , C C C
Muiti-famlly Dwelling See Definition -Change N/A I P? P P P P '
Museum 8412 N/A p
Neighborhood Retail Shops See Defluitton N/A , p
Newspaper Offices 2711 N/A p p
Nursing Homes 805 N/A p
I
Off.prem~e Parking 7521 Po~ibly expand ns N/A ,:~ ,:~ ~; ~,~ ~ p
P
/l/I
g:~lan~bg~zone.xls A-Accesso~] Use, C-Conditional Use, I-Interim Use, P-Permitted Use 2
ZONING MATRIX
CLASSIFICATIONS
Outdoor Health & Recreation Club 7991
SIC
Outdoor Storage
Parking Lot (Structure)
Parking Ramps (Structure)
Petting Farm
Post Office
Print Shops
Private Clubs and Lodges
Private Kennel
Private Parks
Private Stable
$ee Definition
N/A
CUP Section
DISTRICT
12/14/98
2/2/2004
lOP
C
C
A
A
P
Recording Studio
Recreational Beach Lot
Research Lab
Riding Academies
Roadside Stand
Schools
Senior Housing
Shopping Center
Signs
Single.family dwelling
Small Appliance Repair
Small Vehicle Sales
P
C
A
Standard Restaurant
Storage building
Supermarket
Swimming pool
Temporary Classroom structures
Temporary Outdoor Dls~iny
g:~plan~g~zone,xls A-Accessory Use, C-Conditional Use, I-Interim Use, P-Permilled Use 3
ZONING MATRIX 12/14/98
2/2/2O04
ZONING DISTRICT
CLASSIFICATIONS SIC CLTp Sec.a.'_on~ ~? ~ A-2 RR RSF R4 RLM R8 R12 R16 BN BH CBD BG ][OI IOP
Temporary Real Estate Office ~ ~- P P P P P P I C
Tennis court ?,trueture N/A I A A A A A A A A
Townhouse See Definition __ p P
lllSllllll 1
Truck/Trailer Rental ,7513, 7353,
Two-family Dwelling See Definition N/A ~ P P P P /
Utility Servtee~ 4939 ~ P P P P P P P P P P P P i1~ P P
Veterinary Clinic 0742 N/A ~ P P
Vocational School 8249 N/A I / P
Warehnn~ln~ 4225~ P
Whole~ale Nursery 5193 20-257 I /
Legend
] ]Add ] ?lealth Services 'ublic Parks/Open Space
Antnrnntive Dealers rm?llenttnn of C...,.hl..Ino~ ;peclalty Shops
I I I I I
A,,t~-.~tive Repair Shops I l! :)races rowen
................... ~D~le? ] [ ] . I P_er~° .a3l. ~ Se_rvic? .......... I
g:~plan~bg~zone.xls A-Accessory Use, C-Conditional Use, I-interim Use, P-Permitted Use 4