Ordinance 628CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.628
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, CHAPTER 6,
BOATS AND WATER WAYS, CHAPTER 7, BUILDINGS AND BUILDING
REGULATIONS, CHAPTER 13, NUISANCES, CHAPTER 14, PARKS AND
RECREATION, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING
OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-2 of the Chanhassen City Code is amended read as follows:
Adult day care means a program operating less than 24 hours per day that provides functionally
impaired adults with an individualized and coordinated set of services including health services,
social services, and nutritional services that are directed at maintaining or improving the
participants' capabilities for self -care. Adult day care does not include programs where adults
gather or congregate primarily for purposes of socialization, education, supervision, caregiver
respite, religious expression, exercise, or nutritious meals.
Attached Structure. See Structure, attached.
Church means a building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person who is
authorized under the laws of the State of Minnesota to solemnize marriages. A church may
include living quarters for persons employed on the premises and classroom facilities. The
following are not considered as churches: camp meeting grounds, mikvahs, coffee houses,
recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one day. Bible camps with live-in quarters, publishing
establishments, ritual slaughterhouses, radio or television towers and transmission facilities,
theological seminaries, day care centers, adult day care, hospitals, and drug treatment centers
are not churches. (10) (20)
Impervious surface means a surface that either prevents or retards the entry of water into the soil
and causes water to run off the surface in greater quantities and at an increased rate of flow than
prior to development. Examples include, but are not limited to, structures, storage areas, roads,
sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non -pervious
pavement systems. (20)
Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces
and pervious pavement. (20)
Pervious pavement allows storm water runoff to filter though surface voids into an underlying
stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology
include, but are not limited to porous pavers and permeable interlocking concrete pavers (PICP).
Structure means anything manufactured, built, constructed, erected, or a portion thereof which
is normally attached to or positioned on land, whether temporary or permanent in character,
including, but not limited to, buildings, fences, sheds, advertising signs, dog kennels, hard
surface parking areas, boardwalks, playground equipment, patios, or concrete slabs. (7) 20)
Structure, attached means any structure that is attached to another structure by a common wall
Section 2. Section 6-3 through Section 6-4 of the Chanhassen City Code is amended to
read as follows:
Sec. 6-3. — Temporary event permits.
A temporary exemption from this chapter may be obtained through a permit issued for special
events, trials and races as provided for in Sec. 20-964.
Sec. 6-4. Reserved.
Section 3. Section 7-19(12) of the Chanhassen City Code is amended to read as follows:
(12) Indication of direction of surface water drainage by arrows;
Section 4. The Chanhassen City Code is amended by adding Section 7-19(21) to read as
follows:
(21) Calculation of the amount and percentage lot coverage for the lot or parcel
Section 5. Section 13-27 through Section 13-35 of the Chanhassen City Code is amended
to read as follows:
Sec. 13-27. — Declaration of policy.
The City of Chanhassen has determined that the health of the trees within the municipal limits
is threatened by epidemic diseases and pests. It has further determined that the loss of trees growing
upon public and private property will substantially depreciate the value of property within the city
and impair the safety, good order, general welfare and convenience of the public. It is declared to
be the intention of the council to control and prevent the spread of these diseases and pests, and
this article is enacted for that purpose, and to conform to the policies and procedures embodied in
Minnesota Statutes, Chapters 18 and 89, as amended, and rules promulgated there under.
Sec. 13-28. — Reserved.
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Sec. 13-29. — Tree disease program.
It is the intention of the city council to conduct a program of plant pest control pursuant to the
authority granted by M.S. § 18G.01. This program is directed specifically at the control and
elimination of tree diseases and pests and is undertaken at the recommendation of the
commissioner of agriculture. The city forester shall act as coordinator between the commissioner
of agriculture and the city in the conduct of this program.
Sec. 13-30. — Nuisances declared; abatement; firewood storage.
Nuisances declared. The following are public nuisances whenever they may be found within
the City of Chanhassen:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm
disease fungus Opiostoma ulmi or O. novo-ulmi or which harbors any of the elm bark
beetles Scolytus multistriatus (Eichh.), S. schevyrewi or Hylurgopinus rufipes (Marsh).
(2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other
Elm material from which the bark has not been removed as provided in M.S. § 18G.04.
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt
fungus Ceratocystis fagacearum.
(4) Any dead tree in the Red Oak group, or part of any such tree, including logs, branches,
stumps, firewood, or other Red Oak material from which the bark has not been removed.
(5) Other trees with epidemic diseases or any insect and/or pest that threatens the health of
trees.
(6) Any tree which, in the opinion of the Tree Inspector has become or threatens to become
a hazard so as to adversely affect the public safety, whether such tree shall be on public
or private property.
Sec. 13-31. —Abatement.
It is unlawful for any person, firm, or corporation to permit any public nuisance as defined in
section 13-30 to remain on any premises owned or controlled by such person or entity within the
City of Chanhassen. Such nuisance may be abated in the manner prescribed by this article in
addition to the criminal penalties provided for in this article.
Sec. 13-32. — Elm and oak wood storage.
Stockpiling and storage of elm logs and branches with bark intact or tight -barked wood
from an infected tree in the Red Oak group is prohibited except during the period September 15
through April 1 of the following year. Only during this period shall such storage be permitted.
Authorization for storage per this article shall only be permitted for residential premises.
Sec. 13-33. — Inspection and investigation.
(a) Annual inspection. The forester shall inspect all premises and places with the city as often as
practicable to determine whether any condition described in section 13-30 of this article exists
thereon. He/she shall investigate all reported incidents of infestation by Dutch Elm fungus or
elm bark beetles, or Oak Wilt, or other epidemic diseases or pests of trees or hazardous trees.
(b) Entry of private premises. The forester or his/her duly authorized agents may enter upon
private premises at any reasonable time for the purpose of carrying out any of the duties
assigned him/her under this article.
(c) Diagnosis. The forester or his/her duly authorized representative shall identify diseased or
infested trees by generally accepted field symptoms such as, but not limited to, wilting,
yellowing of leaves, evidence of larva or insects, or staining of wood. Laboratory confirmation
by the Minnesota Department of Agriculture will be used only when it is necessary.
(d) The Tree Inspector shall assess potentially hazardous trees. A hazard tree is a tree that has
structural defects in the roots, stem or branches that may cause the tree or part thereof to fail,
where such failure may cause personal injury or property damage to a target. A `target'
includes, but is not limited to people, vehicles, buildings, property, etc. Trees without targets
are not considered hazards even if they are likely to fail and can be considered beneficial to
habitat protection.
Sec. 13-34. — Abatement of tree disease nuisances.
In abating the nuisances defined in section 13-30, the forester shall cause the infected or
infested tree or wood to be chemically -treated, removed, burned, or otherwise effectively treated
so as to destroy and prevent as fully as possible the spread of epidemic diseases and pests of trees,
including, but not limited to, Dutch Elm disease fungus, elm bark beetles, and Oak Wilt Disease.
Such abatement procedures shall be carried out in accordance with current technical and expert
opinions and plans as may be designated by the commissioner of agriculture.
Sec. 13-35. — Procedure for removal of infected or hazard trees and wood.
(a) Forester's abatement order. Whenever the forester finds with reasonable certainty that one or
more of the infestations defined in section 13-30 exists in any trees or wood in any public or
private place, the owner shall be notified by mail and ordered to remove, not more than 20
days from the date of the mailing of such notice, the same in a manner approved by the
forester. If the forester identifies a hazard tree, the property owner shall be notified by mail
and by leaving a notice on the property that the nuisance must be abated within a specified
time. If the owner fails to comply with the order, the city manager may act to abate the
nuisance. In the event that the owner cannot be contacted, the city shall send notice by certified
mail to the last known address of the owner of record, and shall then proceed forthwith to
abate the nuisance.
(b) Methods of disposal of diseased or infested trees. All diseased or infested trees including the
above ground parts thereof shall be properly disposed of by such methods including
debarking, chipping, and utilization as recommended by the MN Dept. of Agriculture.
(c) Removal and disposal of diseased trees in the Red Oak group. All diseased oak trees in the
red oak group that wilt in July and August shall be identified, marked, and removed by April
1 of the following year in order to eliminate any spore formation on them the following May
or June. Trees in the northern red oak group include the northern red oak (Quercus rubra),
northern pin oak (Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak
(Quercus coccinea). Methods of disposal include chipping and utilization.
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(d) Control of overland spread of Oak Wilt. To control the overland spread of the disease, the city
shall avoid pruning or other mechanical damage during the most susceptible period of April,
May and June. The city forester may determine that emergency pruning by utility companies
is necessary during this susceptible period if trees interfere with utility lines. If wounding is
unavoidable during this period, as in the aftermath of a storm or when the tree interferes with
utility lines, a tree wound dressing shall be applied.
(e) Stumps of diseased elms and oaks and other trees affected by arboreal disease. Stumps of all
elm and oak trees shall be removed or debarked to the groundline to eliminate all possibilities
of beetle habitation or possibilities of spore formation.
(f) Special assessments. From time to time, the city shall list the total unpaid costs of abatement
attributable to such separate lot or parcel of land in this city. The council then may spread said
costs or any portion thereof against the property involved as a special assessment under M.S.
Ch. 429 and other pertinent statutes, for certification to the county auditor and collection the
following year along with current taxes. The council may consider deferments for hardship.
The assessment may be deferred on homestead property if the owner is a person 65 years of
age or older who is retired and/or by virtue of total or permanent disability for whom it would
be a hardship to make the payments for tree removal(s).
Section 6. Section 13-52 of the Chanhassen City Code is amended to read as follows:
Sec. 13-52. - Hourly restriction on certain operations.
(a) Recreational vehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and
7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel
on public highways.
(b) Domestic power equipment. No person shall operate a power lawn mower, power hedge
clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar
domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m.
(c) Construction, maintenance and repair activities. No person shall engage in or permit
construction, maintenance or repair activities creating noise, including, but not limited to, the
use of any kind of electric, diesel, pneumatic, or gas -powered machine or other power
equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between
the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays
or on the following public holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
Construction activities in conjunction with new developments and city improvement projects,
including but not limited to grading, utility installation and street paving, requiring the use of heavy
equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and
9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays.
Residential construction, repairs or maintenance, including lawn maintenance, conducted by
the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on
Sundays and public holidays. The use of electronic insect deterrents (aka; "bug zappers") is limited
to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week.
(d) Exceptions. The following uses and activities are exempt from this section as specified below:
(1) Snow removal motor vehicles, equipment and operations are exempt from subsection 13-
52(b) and (c).
(2) Excavation/grading operations are exempt from subsection 13-52(c), but must comply
with section 7-45.
(3) Outdoor recreational uses are exempt from subsection 13-52(b) and (c).
(4) Parking lot sweeping/cleaning vehicles, equipment, and operations are exempted from
subsection 13-52(c).
Section 7. The Chanhassen City Code is amended by adding section 14-70 to read as
follows:
Sec. 14-70. Public Swimming beaches
1. No person shall fish in an area designated for swimming.
Section 8. Section 18-40(2)(k)(b) of the Chanhassen City Code is amended to read as
follows:
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, floodplains and designated wetlands. Calculation of allowable lot cover may
include bluffs and floodplains but shall specifically exclude designated wetlands.
Section 9. Section 18-57(h) of the Chanhassen City Code is amended to read as follows:
(h) Different connecting street grades shall be connected with vertical curves. The
vertical curve length shall conform to the requirements of the Minnesota
Department of Transportation Road Design Manual, latest revision.
Section 10. Section 18-57(p)(7) of the Chanhassen City Code is amended to read as
follows:
(7) The private street serving residential development with a density of less than four units
per acre, must be located within a strip of property at least 30 feet wide extending out
to the public right-of-way or covered by a 30-foot wide easement that is permanently
recorded over all benefited and impacted parcels. Neither the area within the easement
for the private street, nor the lot coverage of the private street shall be included within
the calculation of the lot area or lot coverage of the lot in which the easement is located.
Once the private street terminates, the area of the easement and lot coverage of the
driveway shall be included in the calculation of lot area and lot coverage for the lot.
Section 11. Section 18-57(p)(8) of the Chanhassen City Code is amended to read as
follows:
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(8) Private streets serving residential development with a density equal to or greater than
four units per acre, commercial, office, office industrial, or mixed -use districts, must
be located within a strip of property at least 40 feet wide extending out to the public
right-of-way or covered by a 40-foot wide easement that is permanently recorded over
all benefited and impacted parcels. Neither the area within the easement for the private
street, nor lot coverage of the private street shall be included within the calculation of
the lot area or lot coverage of the lot in which the easement is located. Once the private
street terminates, the area of the easement and lot coverage of the driveway shall be
included in the calculation of lot area and lot coverage for the lot.
Section 12. The Chanhassen City Code is amended by adding section 18-57(p)(10) to
read as follows:
(10) Private streets are required to use traffic control that is consistent with the current
version of the Minnesota Manual on Uniform Traffic Control Devices as per
Section 20-1103 (b).
Section 13. Section 18-57(r)(4) of the Chanhassen City Code is amended to read as
follows:
(4) Sufficient open space is preserved or other provisions are made to offset the increased
percentage of lot coverage that will be contained within the neck portion of the lots.
Section 14. Section 18-600) of the Chanhassen City Code is amended to read as follows:
(j) Proposed house sizes shall be shown on the subdivision plan and shall be designed to
accommodate residents' future house expansion (e.g., porches) and accessory structures (e.g.,
decks and patios) as well as the driveway and sidewalks to building entrances. If house plans
are not known, then a 60 foot by 60 foot building pad and a 30-foot wide access driveway
shall be used. The maximum permitted lot coverage shall be calculated for each lot and the
permitted houses and structures shall be limited to those sizes.
Section 15. Section 20-109(4)(h)(4) of the Chanhassen City Code is amended to read as
follows:
4. Percent of lot coverage on site.
Section 16. Section 20-109(7)(b) of the Chanhassen City Code is amended to read as
follows:
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, floodplains and designated wetlands. Calculation of allowable lot coverage may
include bluffs and floodplains but shall specifically exclude designated wetlands.
Section 17. Section 20-254(4) of the Chanhassen City Code is amended to read as
follows:
(4) Lot coverage shall not exceed 70 percent of the site and the remainder is to be suitably
landscaped in conformance with Article XXV.
Section 18. Section 20-292 of the Chanhassen City Code is amended to read as follows:
Sec. 20-292. Drive -through facilities.
Drive -through facilities for any use shall comply with the following standards:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be provided with a suitable visual screen from adjacent properties.
(3) Stacking shall be provided within applicable parking lot setbacks.
(4) Stacking shall meet the following standards:
a. Banks: 5 vehicles (100 feet)
b. Coffee Shops: 13 vehicles (260 feet)
c. Fast-food restaurant: 12 vehicles (240 feet)
d. Pharmacy: 4 vehicles (80 feet)
e. Car washes: 4 vehicles (80 feet)
f. Other uses: 4 vehicles (80 feet)
(5) The city may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(6) Stacking areas shall not interfere with vehicular circulation in the parking lot, nor
encroach into any required drive aisles.
(7) Speaker or intercom system shall not be audible at the property line.
Section 19. Section 20-296 of the Chanhassen City Code is amended to read as follows:
Sec. 20-296. — Fast-food restaurants.
The following applies to fast-food restaurants:
(1) The site shall be located only on sites having direct access to minor arterial streets,
collectors or service roads.
(2) No outside speaker systems shall be allowed without approval from the city council.
(3) Stacking areas for drive -through windows, if present, shall conform to appropriate
parking setbacks.
(4) Building shall be set back at least 100 feet and screened from any adjacent property
designated for residential use in the comprehensive plan.
Section 20. Section 20-485 of the Chanhassen City Code is amended to read as follows:
Sec. 20-485. - Storrawater management.
Lot coverage of lots shall not exceed 25 percent of the lot area, except as follows:
(1) Thirty-five percent for medium/high density residential zones; and
(2) Seventy percent in industrial zones within the Lake Susan Shoreland District.
Section 21. Section 20-490(a)(3) of the Chanhassen City Code is amended to read as
follows:
(3) The lot coverage does not exceed 25 percent.
Section 22. Section 20-490(b)(3) of the Chanhassen City Code is amended to read as
follows:
(3) Lot coverage must not exceed 25 percent of each lot; and
Section 23. Section 20-505(e) of the Chanhassen City Code is amended to read as
follows:
(e) Lot coverage shall be limited as follows:
Comprehensive
Plan Designation
Lot
Coverage (%)
Low or medium density residential
30
High density residential
50
Office
70
Commercial (neighborhood or community)
70
Commercial (regional)
70
Industrial
70
Mixed use
70*
Individual lots within PUD may exceed these standards as long as the average meets these
standards.
Section 24. Section 20-506(e) of the Chanhassen City Code is amended to read as
follows:
(e) Minimum setbacks:
(1) Front yard: 30 feet. The 30-foot front yard setback may be waived by the city council
when it is demonstrated that environmental protection will be enhanced. In these
instances, a minimum front yard setback of 20 feet shall be maintained.
(2) Rear yard: 30 feet.
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(3) Side yard: Ten feet.
(4) Accessory buildings and structures: Located adjacent to or behind principal structure a
minimum of ten feet from property line.
Section 25. Section 20-508(c) of the Chanhassen City Code is amended to read as
follows:
(c) Setback standards/structures and parking:
(1) PUD exterior: 50 feet. The 50-foot PUD exterior setback may be changed, increased or
decreased, by the city council as part of the approval process when it is demonstrated that
environmental protection or development design will be enhanced.
(2) Interior public right-of-way: 30 feet. The 30-foot front yard setback may be waived by
the city council when it is demonstrated that environmental protection will be enhanced.
In these instances, a minimum front yard setback of 20 feet shall be maintained.
(3) Other setbacks: Established by PUD agreement.
Section 26. Section 20-641 of the Chanhassen City Code is amended to read as follows:
Sec. 20-641. - Intent.
The intent of the "RLM" district is to provide for single-family attached or detached
residential development on land guided residential —low or medium density in the city's
comprehensive plan with a maximum net density of eight units per acre. The "RLM"
district is intended to be used where large areas of upland will be preserved or created as
permanent open space to balance the higher lot coverage permitted on individual lots.
Section 27. The Chanhassen City Code is amended by adding Section 20-652(7) to read
as follows:
(7) Adult Day Care, subject to the requirements of Sec. 20-966.
Section 28. The Chanhassen City Code is amended by adding Section 20-672(5) to read
as follows:
(5) Adult Day Care, subject to the requirements of Sec. 20-966
Section 29. The Chanhassen City Code is amended by adding Section 20-681(5) to read
as follows:
(5) Adult Day Care, subject to the requirements of Sec. 20-966
Section 30. The Chanhassen City Code is amended by adding Section 20-692(15) to read
as follows:
(15) Adult Day Care, subject to the requirements of Sec. 20-966
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Section 31. Section 20-694 of the Chanhassen City Code is amended to read as follows:
Sec. 20-694. - Conditional uses.
The following are conditional uses in a "BN" District
(1) Bed and breakfast establishments.
(2) Convenience store with gas pumps.
(3) Banks with drive -through facilities
(4) Fast food restaurants without a drive -through as part of a shopping center.
(5) Motor fuel station.
(6) Reserved.
(7) Standard restaurants.
Section 32. Section 20-712 of the Chanhassen City Code is amended to read as follows:
Sec. 20-712. - Permitted uses.
The following uses are permitted in a "BH" district:
(1) Antennas as regulated by article XXX of this chapter.
(2) Car wash.
(3) Community center.
(4) Convenience stores without gas pumps.
(5) Day care center.
(6) Fast-food restaurant.
(7) Financial institutions
(8) Funeral homes.
(9) Health services.
(10) Liquor stores.
(11) Miniature golf.
(12) Motels and hotels.
(13) Offices.
(14) Personal services.
(15) Private clubs and lodges.
(16) Reserved.
(17) Shopping center.
(18) Specialty retail shops.
(19) Standard restaurants.
(20) Utility services.
Section 33. The Chanhassen City Code is amended by adding Section 20-712(21) to read
as follows:
(21) Adult Day Care, subject to the requirements of Sec. 20-966
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Section 34. Section 20-714 of the Chanhassen City Code is amended to read as follows:
Sec. 20-714. - Conditional uses.
The following are conditional uses in a'BH" district:
(1) Automobile rental facilities.
(2) Automotive repair shops.
(3) Convenience stores with gas pumps.
(4) Drive -through facilities
(5) Emission control testing stations.
(6) Garden centers.
(7) Motor fuel stations.
(8) Outdoor storage.
(9) Reserved.
(10) Small vehicle sales.
(11) Supermarkets.
(12) Towers as regulated by article XXX of this chapter.
Section 35. Section 20-734 of the Chanhassen City Code is amended to read as follows:
Sec. 20-734. - Conditional uses.
The following are conditional uses in a "CBD" district:
(1) Drive -through facilities.
(2) Freestanding fast-food restaurants.
(3) Reserved.
(4) Convenience store with gas pumps.
Section 36. Section 20-744 of the Chanhassen City Code is amended to read as follows:
Sec. 20-744. - Conditional use.
(1) Drive -through facilities.
(2) Gun range, indoor (only in conjunction with and accessory to a sporting goods store).
(3) Screened outdoor storage.
Section 37. Section 20-752 of the Chanhassen City Code is amended to read as follows:
Sec. 20-752. - Permitted uses.
The following uses are permitted in a 'BG" district:
(1) Animal hospital.
(2) Antenna.
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(3) Bars and taverns.
(4) Bowling center.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Day care center.
(8) Entertainment.
(9) Fast-food restaurants.
(10)Financial institutions
(11) Funeral homes.
(12) Garden centers.
(13)Hardware goods.
(14)Health and recreation clubs.
(15) Health services.
(16) Home improvement trades building supply centers.
(17) Miniature golf.
(18)Motels.
(19)Newspaper and print shop.
(20) Offices.
(21)Personal services.
(22) Private clubs and lodges.
(23)Reserved.
(24) Senior citizen housing.
(25) Small appliance and similar repair shops.
(26) Specialty retail.
(27) Standard restaurants.
(28) Supermarkets.
(29) Utility services.
(30) Veterinary clinic.
Section 38. The Chanhassen City Code is amended by adding Section 20-752(31) to read
as follows:
(31) Adult Day Care, subject to the requirements of Sec. 20-966
Section 39. Section 20-754 of the Chanhassen City Code is amended to read as follows:
Sec. 20-754. - Conditional uses.
The following are conditional uses in a'BG" district:
(1) Drive -through facilities
(2) Truck, automobile, farm implement, recreational vehicles and boat sales and service.
(3) Equipment rental.
(4) Screened outdoor storage.
(5) Major auto repair and body shops.
(6) Convenience stores with gas pumps.
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(7) Motor fuel stations.
Section 40. The Chanhassen City Code is amended by adding Section 20-812(14) to read
as follows:
(14) Adult Day Care, subject to the requirements of Sec. 20-966
Section 41. Section 20-905(6) of the Chanhassen City Code is amended to read as follows:
(6) Where access doors are proposed from a dwelling to the outdoors, which does not
connect directly to a sidewalk or stoop, a minimum ten feet by ten feet area of patio shall
be assumed. This patio area must be shown to comply with required property line, lake
and wetland setbacks; may not encroach into conservation or drainage and utility
easements; and shall not bring the site's lot coverage above that permitted by ordinance.
Section 42. Section 20-963 of the Chanhassen City Code is amended to read as follows:
Sec. 20-963. Reserved
Section 43. The Chanhassen City Code is amended by adding Section 20-966 to read as
follows:
Sec. 20-966. — Adult Day Care.
The site shall have loading and drop off points designed to avoid interfering with traffic
and pedestrian movements.
The Adult day care shall obtain all applicable state, county and city licenses.
Section 44. Section 20-1103 of the Chanhassen City Code is amended to read as follows:
Sec. 20-1103. Private streets.
a) Private streets are prohibited unless created and maintained pursuant to City Code
subsections 18-57 (n), (o), (p) and (s). Lots of record created prior to December 10,
1990 are exempt from the private streets requirements.
b) Private streets are required to use traffic control that is consistent with the current
version of the Minnesota Manual on Uniform Traffic Control Devices.
Section 45. Section 20-1072(h) of the Chanhassen City Code is amended to read as
follows:
(h) Where building sites limit planting, the placement of trees in parkways, gardens, or paved
areas is encouraged. Trees should be clustered whenever possible, and consideration shall
be given to the special needs of plants surrounded by impervious surfaces. In these
instances, preference is given to surrounding plantings with pervious pavement to allow
for the infiltration of stormwater into the root zone.
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Section 46. Section 20-1112(6) of the Chanhassen City Code is amended to read as
follows:
(6) For A-2, PUD-R for single-family detached houses, RR, RSF, R-4 and RLM for single-
family detached residential uses, the width of the driveway access shall not exceed 24
feet at the right-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway. Inside the property line of the site, the maximum driveway
width shall not exceed 50 feet. For flag/neck lots the lot coverage of the driveway access
within the neck portion of flag/neck lots shall not exceed 33 percent of the neck's area.
For all lots the minimum driveway width shall not be less than ten feet.
Section 47. Section 20-118l(a) of the Chanhassen City Code is amended to read as
follows:
(a) When parking lot perimeters where vehicular areas, including driveways and drive aisles,
are not entirely screened visually by an intervening building or structure or land mass
from any abutting right-of-way, there shall be provided landscaping designed to buffer
direct views of cars and vehicular use areas. The landscaping must break up expanses of
vehicular use areas, help to visually define boulevards and soften direct views of parking
areas and provide for reforestation with overstory tree from the approved tree species list
identified for parking or other species as approved by city staff. All new planting areas
must have an irrigation system installed. Publicly owned and operated parking lots used
for long duration parking may be exempt from this requirement when there is a
demonstrated concern regarding security safety.
Section 48. The Chanhassen City Code is amended by adding Section 20-1124(2)(y) to
read as follows:
(y) Adult Day Care: One stall per employee plus one stall per facility vehicle, plus one
stall per 15 clients of design capacity
Section 49. Section 20-1303(4) of the Chanhassen City Code is amended to read as
follows:
(4) Menu board. One menu board sign per restaurant drive -through aisle is permitted with
a drive -through facility. Such sign shall not exceed 45 square feet in size, nor greater
than eight feet in height. Such sign is permitted in addition to any other sign permitted
in the zoning district.
Section 50. Section 20-1408 of the Chanhassen City Code is amended to read as follows:
Sec. 20-1408. - Lot coverage
15
Lot coverage, impervious surfaces and pervious pavement, within the bluff setback may
contribute to bluff instability due to increased runoff and/or erosion. Lot coverage is
prohibited within the bluff setback unless specifically authorized within this article.
Section 51. Section 20-1556 of the Chanhassen City Code is amended to read as follows:
Sec. 20-1556. - Impervious surface, lot coverage, and slopes.
To the greatest extent possible, all development shall minimize the amount of lot coverage
by clustering development, using common access drives and utility corridors and minimizing
building footprint size. Roads, walkways, bike trails, and parking areas must be designed
parallel to natural contours with consideration to maintaining consolidated areas of natural
topography and vegetation. Management of surface runoff caused by impervious surfaces
shall be designed using practices delineated in the city's surface water management plan.
Within the secondary zone of the BCO district, areas with average slopes exceeding 25
percent shall be preserved in their natural state and maintained as permanent open space. Areas
with average slopes less than 25 percent but greater than ten percent shall not exceed 25
percent lot coverage. Lot coverage for areas where average slopes are less than ten percent
shall be governed by the underlying zoning district.
Section 52. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 11a' day of December, 2017 by the City Council of the
City of Chanhassen Minnesota
T dd Gerhardt, City Manager
Denny Lauf nburger, Mayor
(Summary Ordinance 628 published in the Chanhassen Villager on December 21, 2017)
16
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.628
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, CHAPTER 6,
BOATS AND WATER WAYS, CHAPTER 7, BUILDINGS AND BUILDING
REGULATIONS, CHAPTER 13, NUISANCES, CHAPTER 14, PARKS AND
RECREATION, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING
OF THE CHANHASSEN CITY CODE
The purpose of these code amendments are to amend Section 1-2 to define the term adult day
care, define attached structures as those sharing a common wall, define the term structure, define
the terms impervious surface and pervious pavement, and to include impervious surfaces and
pervious pavements in the definition of lot coverage; to amend Section 6-3 to subject temporary
water structures to the temporary events ordinance; to amend Section 6-4 to remove the
requirement for water obstacles to be approved by the City Council; to amend Section 7-19(12)
and (21) to require site plans include lot coverage calculations; to amend Section 13-27 through
Section 13-35 to classify trees suffering from epidemic diseases and pests or posing a fall hazard
as nuisances, and to provide for the remediation of these nuisances; to amend Section 13-52 to
exempt parking lot cleaning/sweeping form hourly noise restrictions; to add Section 14-70 to
prohibit fishing in areas designated for swimming; to amend Section 18-40(2)(k)(b) to require
calculation of allowable lot coverage; to amend Section 18-57(h) to require vertical curves to
conform to the Minnesota Department of Transportation Road Design Manual standards; to
amend Section 18-57(p)(7-8), Section 18-57(r)(4), Section 18-606), Section 20-109(4)(h)(4),
Section 20-109(7)(b), Section 20-254(4). Section 20-485, Section 20-490(a)(3); Section 20-
490(b)(3), Section 20-505(e), Section 20-641, and Section 20-1408 to use the tern lot coverage
rather than impervious surface; to amend Section 18-57(p)(10) to require private streets to use
signage consistent with the Minnesota Manual on Uniform Traffic Control Devices; to amend
Section 20-292 to list standards for issuing a conditional use permit for a drive through facility;
to amend section 20-296 to include phrase "if present'; to amend Section 20-506(e) and Section
20-508(c) to all the City Council to grant Planned Unit Developments reduced project setbacks
when warranted by design or environmental considerations; to amend Section 20-652(7),
Section 20-672(5), Section 20-681(5), Section 20-692(15), Section 20-712(21), Section 20-
752(31), and Section 20-812(14) to include adult day care in their lists of permitted uses; to
amend Section 20-694 to list banks with drive through facilities as a conditional uses; to amend
Section 20-712 and Section 20-752 to remove drive through services from list of permitted uses;
to amend Section 20-714, Section 20-734, Section 20-744, and Section 20-754 to list drive
through facilities as a conditional use; to amend Section 20-905(6) to replace term hard surface
area with lot cover; to amend Section 20-963 to remove general performance standards for drive
throughs; to add Section 20-966 list general performance standards for adult day cares; to amend
Section 20-1103 to correctly reference 18-57(n-p) and (s) and to require private street signs
conform to the standards espoused by the Minnesota Manual on Uniform Traffic Control
Devices; to amend Section 20-1072(h) to encourage surrounding landscaping with pervious
pavement rather than impervious surfaces; to amend Section 20-1181(a) to replace the term hard
surface area with vehicular use area; to amend Section 20-1124(2)(y) to require one stall per
employee plus one stall per facility vehicle plus one stall per 15 clines of design capacity of
parking for adult day cares; to amend section 20-1303(4) to allow on menu board sign per drive
through facility; and, to amend Section 20-1556 to include the term lot coverage and use it in
place of impervious surface where appropriate.
A printed copy of Ordinance No. 628 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 1la' day of
December, 2017, by the City Council of the City of Chanhassen.
(Publish in the Chanhassen Villager on December 21, 2017)
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
NO. 628
AN ORDINANCE
AMENDING CHAPTER 1,
GENERAL PROVISIONS,
CHAPTER 6, BOATS AND
WATER WAYS, CHAPTER
7, BUILDINGS AND
BUILDING REGULATIONS,
CHAPTER 13, NUISANCES,
CHAPTER 14, PARKS AND
RECREATION, CHAPTER
18, SUBDIVISIONS, AND
CHAPTER 20,.ZONING OF
THE CHANHASSEN CITY
CODE
The purpose of these code
amendments are to amend Section
1-2 to define the term adult day
care, define attached structures
as those sharing a common wall,
define the term structure, define
the terms impervious surface
and pervious pavement, and to
include impervious surfaces
and pervious pavements in the
definition of lot coverage; to
amend Section 6-3 to subject
temporary water structures to
the temporary events ordinance;
to amend Section 6.4 to remove the
requirement for water obstacles to
be approvedby the City Council;
to amend Section 7-19(12) and (21)
to require site plans include lot
coverage calculations; to amend
Section 13-27 through Section 13-
35 to classify trees suffering from
epidemic diseases and pests or
posing a fall hazard as nuisances,
and to provide for the remediation
of these nuisances; to amend
Section 13-52 to exempt parking
lot cleaning/sweeping form
hourly noise restrictions; to add
Section 14-70 to prohibit ffshingin
areas designated for swimming;
to amend Section 18-40(2)(k)(b) to
require calculation of allowable
lot coverage; to amend Section
18-57(h) to require vertical curves
to conform to the Minnesota
Department of Transportation
Road Design Manual standards;
to amend Section 18-57(p)(7-8),
Section 18-57(r)(4), Section 18.60(j),
Section 20-109(4)(h)(4), Section
20-109(7)(b), Section 20-254(4).
Section 20-485, Section 20-490(a)
(3); Section 20-490(b)(3), Section
20-505(e), Section 20-641, and
Section 20-1408 to use the term lot
coverage rather than impervious
surface; to amend Section 18-57(p)
(10) to require private streets to
use signage consistent with the
Minnesota Manual on Uniform
Traffic Control Devices; to amend
Section 20-292 to list standards for
issuing a conditional use permit
for a drive through facility; to
amend section 20-296 to include
phrase "if present"; to amend
Section 20506(e) and Section 20-
508(c) to all the City Council to
grant Planned Unit Developments
reduced project setbacks
when warranted by design or
environmental considerations;
to amend Section 20-652(7),
Section 20-672(5), Section 20-
681(5), Section 20-692(15), Section
20-712(21), Section 20-752(31), and
Section 20.812(14) to include adult
day carein theirlists of permitted
uses; to amend Section 20-694 to
list banks with drive through
facilities as a conditional uses; to
amend Section 20.712 and Section
20-752 to remove drive through
services from list of permitted
uses; to amend Section 20-714,
Section 20-734, Section 20-744, and
Section 20-754 to list drive through
facilities as a conditional use; to
amend Section 20-905(6) to replace
term hard surface area with lot
cover; to amend Section 20-963
to remove general performance
standards for drive throughs; to
add Section 20-966 list general
performance standards for adult
day cares; to amend Section
20-1103 to correctly reference
18-57(n-p) and (a) and to require
private street signs conform to
the standards espoused by the,
Minnesota Manual on Uniform
Traffic Control Devices; to amend
Section 20-1072(h) to encourage
surrounding landscaping with
pervious pavement rather than
impervious surfaces; to amend
Section 20-1181(a) to replace the
term hard surface area with
vehicular use area; to amend
Section 20-1124(2)(y) to require
one stall per employee plus one
st4ll per facility vehicle plus
on€ stall per 15 clines of design
capacity of parking for adult day
cares; to amend section 20-1303(4)
to allow on menu board sign per
drive through facility; and, to
amend Section 20-1556 to include
the term lot coverage and use it
in place of impervious surface
where appropriate.
A printed copy of Ordinance
No. 628 is available for inspection
by any person during regular
office hours at the office of the
City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this llth day of December, 2017,
by the City Council of the City of
Chanhassen.
(Published in the Chanhassen
Villager on Thursday, December
21, 2017• No. 4538)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known. as the Chaska Herald and the Chanhassen. Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published onthe date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of thisAffidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
By:
Laurie A. Hartmann
Subscribed and sworn before me on
this day of J," 2017
J` MME JEANNE7TE BARK
NO".PAYly,BIIC-M NESCTA
t ?ublic � '' Ki "whm8SIN 6�RES 01MI/18
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.59 per column inch