Ordinance 080
Inserted at regular advertising rates by the City of Chanhassen
NEWS and
INFORMATION
CHANHASSEN'SZONlNG ORDINANCE
F~llowing. is the 'complete and official text of the new Chanhassen
Zomng Ordmance. It was adopted by the Chanhassen City Council on
December 15, 1986 after three years of study and public meetings. Resi-
dents are urged to keep this copy of the ordinance on file and consult it if
TABLE OF CONTENTS
ARTICLE I. TITLE, PURPOSES AND APPLICATION PAGE
~~~:~~ ~: ~~~~~~:::::::::::::::::::::::::::::::::::::::::::: I
Section 3. Application :.......................................
ARTICLE II. DEFINITIONS
Section I. Definitions .. : . .. .. .. .. . . .. .. .. .. . .. . .. .. .. .. . . .. .. .
ARTICLE III. ADMINISTRATION AND PROCEDURES
Section I. Board of Adjustment and Appeals .. . . . . . . . . .. . . . . . . . .
Section 2. Conditional Use Penn its . . .. .. .. . .. . . . . . . . .. .. . . . . . .. 2
Section 3. Text Amendments and Zoning District Changes ........ 3
Section 4. Building Penn its, Certificates of Occupancy,
Fees, Grading and Erosion Control .................
, Section 5. N on-Confonning Uses .. .. . .. . .. ... . . .. .. . .. .. . .. . . . .
Section 6. Site Plan Review Procedures .........................
ARTICLE IV. ESTABLISHMENT OF DISTRICTS
Section I. Establishment of Districts.. . . .. . . .. . .. .. .. .. .. . . . : .. . 4
Section 2. Zoning Map. .. . .. .. . .. . '. .. .. .. .. .. .. . . .. . . . . .. .. .. .
Section 3. District Boundaries. .. . . . . . .. . .. . . '.. . '" .. : . .. .. . . .. :
ARTICLE V. DISTRICT REGULATIONS..... ....................
Section I. Schedule of Uses Permitted by District ................
Section 2. "A-I" AgricuIiural Preservation District. . . .-. . . . . . . . . . .
Section 3. "A-2" Agricultural Estate District ....................
Section 4. "RR" Rural Residential District. .. .. .. .. .. .. ... ... ... '
Section 5. "RSF" Single Family Residential Dislrict ... . . . . . . . . . . .
Section 6. "R-4" Mixed Low Density Residential District.... ... .. .
Section ,7. "R-8" Mixed Medium Density Residential District......
Section 8. "R-12" High Density Residential District. .. .. .. .. .. '.. .
S~tion 9. Standards for Conditional Uses in Agricultural.
and Residential Districts .......... '.. .. .. .. . . .. .. .. .
Section 10. "BN" Neighborhood Business District. . . . . . . . . . . . . . . .. 5
Section I I. "BH;' Highway and Business Service District' . . . . . . . . . .
Section 12. "CBD" Central Business District .....................
SeCtion'13. "BG" General Business District......................
Section 14. "BF" Fringe Business District.... .. . . . . . . . . . . . . . . . . . .
Section IS. "01" Office and Institutional District. . .. . . . .. . .. .. .. .
Section 16. "lOP" Industrial Office Park District. : . . . . . . . . . . . . . .. 6
Section 17. Standards for Conditional Uses in the Business,
Office, Institutional, and Industrial Districts ......... .
Section 18. Planned Unit Development District (PUD) .............
Section 19. Flood Plain Overlay Districts .. .. . .. . .. .. .. .. .. . . . . ... 7
~..;;.':c:- 20. Floo<lway District (FW). . .. ................'.......
Section 21. Flood Fringe District (FF). .. .. .. . . . . . . .. .. .. . . .. . . . . .
Se~tion 22. General Flood Plain District. . . . . . . . . . . . . . . . . . . . . . . . . .
Section 23. "S" Shoreland Overlay District. . ... . . . . . . . . . . . . . . . . . . .
Section 24. Wetland Protection Regulations.. . . . . . . . . . . . . . . . . . . . . .
ARTICLE VI. SUPPLEMENTARY REGULATIONS
Section ' I. Perfonnance Standards . .. . .. ... .. .. .. .. .. . . .. . . . . .. . 8
. Section 2. Overhead Transmission Lines. . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Not More than One Principal Building on a Lot........
Section 4. Temporary Structures and Uses.. .. ,. .. .. .. . . . .'. . . . . . .
Section 5. Accessory Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . .
Section 6. Single Family Dwellings.. .. . .. .. .. . .. .. .. . ... .. .. .. . ..
Section 7. Rural Lot Building Eligibilities .......................
Section 8. Home Occupations..................................
Section 9. Animals ............................................
Section 10. Height Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section I I. Yard Regulations ...................................
Section 12. Fence and Walls.. .. ; .. .. .. .. .. ... .. .. . . . . .. .. . . ... .. 9
Section 13. Outdoor Storage. . . .. .. .. . . .. . . .. .. .. .. .. . . . . .. . . . . .
Section 14. Storage of Recreational Vehicies .. . . . . .. . . . .. .. . . .. ...
Section 15. Accessory Fuel Storage Tanks in All Residen tial
Districts ..:......................................
Section 16. Trash and Garbage Incinerators; Storage ..............
Section 17. Lighting ......................,....................
Section IS. Private Swimming Pools ...................... ........
Section 19. Moving Buildings ...................................
Section 20. Wind Energy Conversion System (WECS). . . . . . . . . . . . . .
Section 21. Antennas and Satellite Dishes ........................
Section 22. Rooftop Screening ..:...............................
Section 23. Temporary Satellites.. . . . . . . . . . . .. .. .. .. . . .. .. .. .. . . .
Section 24. Landfills " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 25. Identification of Arterial and Collector Streets. . . . . .. .. .
ARTICLE VII. OFF-STREEf PARKING AND LOADING REGULATIONS
Section I. Parking and Loading Regulations.. . . . . . . . . . . . . . . . . . .. 10
Section 2. Off-Street Loading and Trash Removal Area. .. . . . . . . . .
Section 3. Requirements for Driveway Setbacks and Widths in
the Business, Industrial, Office. and Multiple
Family Districts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Parking of Trucks in R-Districts . .. . :. . . . . . . . . . . . . . . . .
ARTICLE VIII. LANDSCAPING AND TREE REMOVAL REGULATIONS
Section I. Landscape and Land Use Buffers. . . . . . . . . . . . . . . . . . . . .
Section 2. Perimeter Landscaping Requirements.. . . . . . . . . . . . . . . . .
Section 3. Interior Landscaping for Vehicular Use Areas ..........
Section 4. Landscaping for Trash Enclosures ....................
Section 5. Landscaping Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Plan Submission and Approval '.. . . . . . . . . . . . . . . . . . . . . .
Section 7. Tree Removal Regulations ...........................
ARTICLE IX. SIGNS
Section I. Sigtis ..................... . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. General Provisions . .. . . . . .. .. . . . . .. .. . .. . . .. . .. .. ... 11
Section' 3. Permitted and Prohibited Signs.. . . .. . . . . . . . . . .. . . . . . .
Section 4. Non-confonning Uses ...............................
Section 5. Agricultural and Residential Districts............... ....
Section 6. Neighborhood Business and Institutional Districts. . . . . . .
Section 7. Highway and General Business Districts ...............
Section 8. Industrial Office Park Districts. . . . . . . . . . . . . . . . . . . . . . .
Section 9. Central Business District.. .. .. . . .. .. .. .. .. . . . . .. .. . . .
Section 10. Bonus Sign Area. . . .. .. : . .. . . .. . ... .. .. . . . . .. . . . . . . .
Section 11. Inspection........................................ .
Section 12. Penn it, Application, Variance and City Council .
Approval ........................................
ARTICLE X. MINERAL EXTRACTION
Section I. Mineral Extraction .. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE XI. MISCELLANEOUS
Section I. Violations, Enforcement, Effect and Validity.. . . .. . . . .. 12
Section 2. Repeal......................... ',' . . . . . . . . . . ... . . ... .
SeCtion 3. Effective Date
......................................
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
. ORDINANCE NO. 80
AN ORDINANCE ESTABLISHING ZONING
REGULATIONS IN THE CITY OF CHANHASSEN
ARTICLE I. TITLE, PURPOSES, AND APPLICATION
The Chanhassen City Council ordains:
the~ are considering any changes in their property. Questions about the
ordmance or zoning generally may be directed to City Planner Barbara
Dacy at City Hall, 937-1900. .
SECTION 1. -TITLE
This Ordinance shall be known as the "ZONING ORDINANCE OF THE CITY
'OF CHANHASSEN" and is referred to herein as "this Ordinance."
SECTION 2. PURPOSE
This Ordinance is enacted to carry out the intent of the Charihassen Comprehen-
sive Plan and to: -
1-2-1 Protect residential, commercial, industrial and institutional areas from
the intrustion of incompatible uses;
1-2-2 Prevent overcrowding of land;
1-2-3 Conserve and enhance the City's tax base;
1.2-4 Protect against fire, smoke, explosion, noxious fumes, offensive noise,
vibration, dust, odors, heat, glare and other hazards to people;
1-2-5 Preserve the natural beauty and amenities of Chanhassen and achieve'
excellence and originality of design; .
1-2-6 Facilitate the provision of public services;
1-2-7 Secure equity among individuals in the use of their property;
SECTION 3. APPLICATION
1-3-1. Where the conditions imposed by any provision of this Title are either
more or less restrictive than conditions imposed by other ordinances,
the ordinance which is most restrictive shall prevail. .
1-3.2 . No building, structure or land shall be used or occupied, no building
permit shall be granted and no plat approved that does not conform
to the requirell?-ents of this Title.
ARTICLE II. DEFINITIONS
SECTION I. DEFINITIONS
The following words and terms are defined as follows:
ACCESSORY USE OR STRUCTURE: A use or structure subordinate to and
serving the principal use or structure on the same lot and clearly and customarily
incidental thereto. .
AGRICULTURE: The com!Jlercial use of land for raising of livetock and
poultry, growing and producing of fruits, vegetables, field crops and nursery
stock, including tree farms and choose-and-cut Christma! tree sales. The tenn . .
does not include the commercial raising of fur-bearing animals, nor the opera-
tion of riding academies, commercial stables or kennels.
ALLEYS: See STREETS AND ALLEYS.
ALTERATION: Any change or rearrangement, other than incidental repairs,
in the supporting members of an existing building, such as bearing walls, col-
umns'beams, girders or interior partitions, as 'well as any change in doors or
windows, or any enlargement to or diminution of a building or structure,
whether horizontally or vertically.. or the moving of a building or stmcture from
one location to another. I
ANIMAL FEEDLOT: Land o~ buildings used for tJ-.e confined feeding,
breeding, ralsing or holding of livestock and poultry where the concentration
of animals is such that a vegetative cover cannot be maintained within the
enclosure. Pastures are not considered animal feedlots.
.ARBORETUM: A place where plants, trees, and shrubs are cultivated for scien-
tific and educational purposes.
AUTOMOTIVE SERVICE STATION: A retail place of business engaged
primarily in the sale of motor vehicle fuels, but also may be engaged in supply-
ing goods and services generally required in the operation and maintenance of
motor vehicles. These may include sale of petroleum products, sale ana servic- .
ing of tires, batteries, automotive accessories, and replacement items, washing .
and lubrication services and the perfonnance of minor automotive maintenance
and repair.
BEACHLOT, RECREATIONAL: See RECREATIONAL BEACH LOT.
BED AND BREAKFAST: An owner-<lccupied principal dwelling in which five
(5) or less rooms are rented on a nightly basis for a period of less than seven
(7) days. Meals mayor may not be provided to residents and overnight guests.
BLOCK: An area of land within a subdivision that is entirely bounded by streets,
or by streets and the exterior boundary or boundaries of the subdivision, or
a combination of the above with a waterway or any other barrier to the con-
tinuity of. development.
BOARDER: An individual other than a member of the family occupying the
dwelling unit or part thereof who for a consideration is furnished meals or other
services.
BOARDING HOUSE: A dwelling or part thereof in which lodging is provided
by the owner or operator to. three or more boarders.
BUILDABLE AREA: The area of a lot remaining after the minimum yard and
open space requirements of this Ordinance have been met.
BUILDING COVERAGE: The horizontal area from the outside edge of the
exterior walls of the ground floor of all principal' and accessory buildings on
a lot.
BUILDING HEIGHT: The vertical distance measured from the average ground
elevation adjoining the front walls of the building to the highest point of the
roof surface eif a flat roof, to the deck line of a mansard roof, or to the average
height between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING SETBACK LINE: A line on a lot, generally parallel to a lot line,
high water mark, shoreline or road right-<lf-way line, located a sufficient
distance therefrom to provide the minimum yards required by this Ordinance.
The building setback lines delimit the area in which buildings arid other regulated
structures are permitted subject to all app~cable provisions of this Ordinance.
BUILDING, PRINCIPAL: A building in which is conducted the primary or
predominant use of the lot. '.
CHURCH: A building or edifice consecrated. to religious worship, where peo-
ple join together in some fonn of public worship under the aegis and direction
of a person who is authorized under the laws of the State of Minnesota to sol-
emnize 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 com-
plexes, retreat houses, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one day, Bible camps with live-in quarters
publishing establishments, ritual slaughter houses, radio or television tower~
and transmission facilities, theological seminaries, day care centers, hospitals,
and drug treatment centers are not churches.
COLD STORAGE: See MINI-WAREHOUSE.
CLEAR-CUTTING: The removal or an entire stand of trees.
CONFERENCE/CONVENTION CENTER:: A preplanned, centrally managed
development containing facilities for business or professional conferences and
semina!, and containing accommodations for overnight lodging, eating and
recreation. The develop.ment is characterized by architecturally integrated
buildings, common use of parking areas, and incorporation of passes recrea-
tional amenities into overall site design. _
CONFORMING BUILDING OR STRUCTURE: Any building or structure
which complies with all the regulations of this Ordinance, or any amendment
thereto.
CONTRACTOR'S YARD: Any area or use of land where vehicles, equipment,
and/or construction mater.ials and supplies commonly used by building, ex-
cavation, roadway construction, landscaping and similar contractors are stored
or serviced. A contractor's yard includes both areas of outdoor storage and
areas confined within a completely enclosed building used in conjunction with
a contractor's business.
DAY CARE CENTER: Any facility or home where tuition, fees or other forms
of compensation is charged for the care of children and which is licensed by
the State of Minnesota as a day care center.
DENSITY, GROSS: The quotient of the total number of dwelling units di-
vided by the greiss site area.
DENSITY, NET: The quotient of the total number of dwelling units divided
by the developable acreage of the site. Developable acreage excludes wetlands,
lakes, roadways, and other areas not suitable for building purposes.
DEVELOPMENT: The division of a parcel of land into two or more parcels;
.theconstruction, reconstruction, conversion, structural alteration, relocation
or, enlargement of any structure; any mining excavation, landfill or land dis-
turbance, and any use or extension of the use of land.
DOCK: A wharf, pier, or other structure constructed or maintained, whether
floating or not, including all "L's", "T's" or posts which may be a part thereof,
whether affIXed or adjacent to the principal structure.
DOCK CROSS BAR: That portion of any "L" shaped or "T" shaped dock
which is approximately parallel in alignment to the adjoining shoreline or or-
dinary high water mark. .
DOCK SET-BACK ZONE: That portion of any body of public waters lying
within one hundred (100) feet of the ordinary high water mark and which is
bounded by (~) the extended side lot lines of any lakeshore site and (b) by a
line inside of and running parallel to and ten (10) feet distant from the extend-
ed side lot lines of any Jakeshore site, as measured at right angles to said ex-
tended side lot lines.
DRIVE-IN USE: An establishment which by design, physical facilities, service,
or by packaging procedures encourages or pennits customers to receive .ser-
vices, obtain goods, or be entertained while remaining in their motor vehicle.
This term includes uses having "drive-thru" windows.
DWELLING: A building or portion thereof designed, occupied or intended
to be occupied exclusively for residential purposes, but not including hotels,
motels, nursing homes, travel trailers, motorhomes or bed and breakfast tourist
homes.
DWELLING UNIT: One or more rooms which are connected together con-
stituting complete, separate and independent living quarters, physically
separated from any other room or dwelling unit which may be in the same
building and containing penn anent cooking, eating, sleeping and sanitary
facilities for the exclusive use of a single family maintaining a household.
DWELLING, SINGLE-FAMILY: A detached building containing one dwell-
ing unit,
PWELLlNG, TWO-FAMILY: A detached building containing two dwelling
units.
DWELLING, MULTI.FAMIL Y: A detached building containing three or more'
dwelling units. Apartment buildings, condominiums, manor homes, quad.
duplexes, and cooperatively owned buildings containing three or more dwell-
ing un~t'i a.rc I,-\\l.1ti-~.'J.~ily .d\v:Hings. -~(t.. .~.., ).
EASEMENT: A right afforded a person or ~overnmental/public unit to use
another's real property for a specific purpose.
EASEMENT, CONSERVATION: An easement created where restrictions are
imposed on ,the development or alteration of property to preSel"'ie natural
features.
FACADE: That portion of any exterior elevation of a building exposed to public
view extending from grade to the top of the parapet wall or eaves and the en-
tire width of the building elevation.
F AMIL Y: An individual living alone, or two or more persons related by blood,
marriage or law, or a group of not more than five persons (excluding servants)
lYho need not be so related, living together in a dwelling unit.
FENCE: A structure serving as an enclosure, barrier, Or boundary, usually made
of posts, chain link, masonry, boards, rails, or other materials.
FLOOD FRINGE: That portion of a flood plain outside the floodway.
FLOOD PLAIN: The land adjacent to a body of water which has been or may
be hereafter covered by flood water, including that land covered by the regional
flood. The flood plain consists of the floodway and the flood fringe area.
FLOOD, REGIONAL: A flood which is representative of large floods known
to have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency once every hundred (100)
years.
FLOODWAY: Theminimum channel of a watercourse and ihose portions of
a floodplain adjoining the channel that are reasonably required to discharge
the regional flood.
FLOOR AREA: The sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls or from'
the centerline of walls separating two buildings. The Ooor area of a building
shall include basement floor area, penthouses, attic space having headroom
of seven feet or more, interior balconies and mezzanines, e,nclosed porches and
floor area devoted to accessory uses. However, any space devoted to mechanical
equipment, stairwells, elevator shafts, parking or loading shall not be included
in the floor area.
FLOOR AREA RATIO (F.A.R.): The numerical value obtained by dividing
the floor area of all bulildings on a lot by lot area. .
FRONT LOT LINE: .SeeLOT LINE, FRONT.
FRONT YARD: See YARD, FRONT.
GARAGE: A structure which mayor may not be attached to the principal struc-
ture used primarily for the enclosure of personal vehicles.
GARDEN CENTER: A place of business where retail and wholesale products
and produce are sold to the retail consumer. These centers, which may include
a nursery and/or greenhouses, import most of its items sold. These items may
include paints, handicrafts, nursery products and stock, fertilizers, potting soil,
hardware, lawn and garden power equipment and machinery, hoes, rakes,
shovels and other garden and farm tools and utensils.
GRADE: Grade is an average level of the finished surface of the ground ad-
jacent to the exterior walls of the building or structure or the degree of use
or descent of a sloping surface, expressed in percentage terms.
GREENHOUSE: A building used for the cultivation or protection of plants,-
flowers, vegetables and nursery stock for subsequent sale or for seasonal
enjeiyment .
GROUP HOME: A state licensed residential facility where persons reside for
purposes of rehabilitation, treatment, or special care. Such persons may be
orphaned, suffer chemical or emotional impairment, or suffer social malad.
justment or dependency.
HEALTH CARE FACILITY: A State certified or licensed facility or institu.
tion, whether public or private, principally engaged in providing services for
health maintenance, diagnosis or treatment of human disease, pain, injury,
defonnity or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic center, treat-
ment center, rehabilitation center, extended care facility, skilled nursing home,
nursing home, intermediate care facilitiy, tuberculosis hospital chronic disease
hospital, maternity hospital, outpatient clinic, dispensary, home health care
agency, boarding home or other home for sheltered care, and bioanalytical
laboratory or central services facility serving one or more,such institutions but
excluding institutions that provide healing solely by prayer.
HEALTH SERVICES: Establishments primarily engaged in furnishing medical,
surgical or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories, out-
patient care facilities, blood banks, and oxygen and miscellaneous tYpes of
medical supplies and services. .
HOME IMPROVEMENT TRADES: Carpenter shops, interior decorating,
painting and paper hanging shops, furniture upholstering and similar enter-
prises; but not including contractor's yards.
Page Two Chanhassen Zoning Ordinance
HUME OCCUPATION: Any occupation, business, or profession carried on
by"a.resident and conducted as an accessory use in fue resident's dweJling unit.
HOTEL: A facility offering transient lodging accommodations to the general
pub~c and which may provide additional services such as retaurants, meeting
rooms and recreational facilities and where access to individual rooms is pro-
vided through an indoor lobby or office.
HOUSEHOLD PET: A dog or cat, regardless of weight, or an animal not ex-
ceeding forty (40) pounds in weight that is usually and customarily considered
a pet.
JUNK YARD: An area, lot, parcel, building or structure or part thereof where
used, waste, discarded or salvaged materials are bought, sold, exchanged, stored,
abandoned, baled, cleaned, packed, disassembled or handled, including but
not limited to scrap iron and other metals, 'glass, paper, rags, rubber products,
tires, bottles, building materials, vehicle parts, household appliances, brush and
lumber. A junk yard includes an automobile wrecking or dismantling yard,
but does not include accessory uses established in conjunction with a permit-
ted manufacturing process when conducted within an enclosed area or building.
The storage of unlicensed andlor inoperable motor vehicles for a period in ex-
cess of thirty (30) days shall also be considered a junk yard:
KENNEL, COMMERCIAL: An establishment in which dogs, cats, or other
domesticated animals more than one year old are housed, groomed, bred, board-
ed, trained, or sold for gain.
KENNEL, PRIVATE: Any place where three or more dogs .or cats over one
year of age are kept or habored, such animals being owned by the owner or
lessee of the premises wherein or whereupon the animals are kept or harbored.
LAKESHORE SITE: Any lot of record which abuts any body of public water.
LIVING AREA: The area of a dwelling including, but not limited to, bedrooms,
bathrooms, kitchens, living rooms, and dining rooms, but excluding garages.
LOADING SPACE: An off-street space or berth designed and used for the
loading or unloading of commerciaJ vehicles.
LOT: A separate parcel, tract, or area of land undivided by any public street
or approved private road, which has been established by plat, metes and bounds
subdivision, or as otherwise permitted by law, and which is occupied by or .in-
tended to be developed for and occupied by a principal building or group of
such buildings and accessory buildings, or utilized for a principal use and uses
accessory thereto, including such open spaces and yards as are designed and
arranged or required by this Ordinance for such building, use or development.
LOT, AREA: The area of a horiwntal plane bounded by the front, side or
rear lot lines, but not including any area occupied by the waters of lakes or
rivers or by street rights-of-way.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersec-
tion, or upon two parts of the same street, such streets or parts of the same
street forming an interior angle of less than one hundred thirty-five (135)
degrees.
LOT COVERAGE: That portion or percentage of a lot that is covered by im-
pervious surfaces. '
LOT DEPTH: The mean horizontal distance between the front Jot Ii'ne and
the rear lot line of a lot. The greater frontage of a corner lot is its depth, and
its lesser frontage is its width.
LOT, DOUBLE-FRONTAGE: A lot which fronts upon two parallel streets,
or which fronts upon two streets which do not intersect at the boundaries of
the lot. On a double frontage lot, both street lot lines shall be deemed front
lot lines.
LOT FRONTAGE: Lot width measured at the front lot line.
LOT, INTERIOR: A lot. other than a corner lot.
LOT LINE: A line of record bounding a lot which divides one lot from another
lot or from a street right-of-way or any other public space.
LOT LINE, FRONT: The lot line separating a lot from a street right-of-way.
In the case of a corner lot it shall be the lot line with the shortest dimensions-
on th e street.
LOT LINE, REAR: The lot line which is parallel to and most distant from
the front lot line; or in the case of trianguhu: or otherwise irregularly shaped
lots, a line twenty (20) feet in length, entirely within the lot, parallel to and
at the maximum possible distance from the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot
line separating a lot from a street is a side street'lot line. A side lot line separating
a lot from another lot or lots is an interior side lot line.
LOT OF RECORD: Any legally recorded lot which at the time of its recorda-
tion complied with aU applicable laws and ordinances.
LOT WIDTH; The horiwntal distance betWeen the side lines of a lot measured
at right angles to its depth along a straight line parallel to the front lot line
at the minimum requiredbuildinti~;bl!~k line.
LOT, ZONING: A zoning lot is a'single tract of land which consists of one
or more lots of record and which, at the time of filing for a building permit,
is designated by its owner or developer as a tract to be used, developed or built
. upon as a separate unit under single ownership or control. A zoning lot or lots
mayor may not coincide with a single lot of record, but in no case shall a wn-
ing lot include only a portion of'a lot of record.
MANUFACTURED DWELLING: A manufactured dwelling is a factory-built
structure.which is transportable in one or more sections on its own running
gear or chassis, and which is equipped with necessary utility service connec-
tions and designed to be used for single-family occupancy with or without a
permanent foundation. Such dwellings measure 20 feet or more in width and
40 feet or more in length, exclusive of supporting members or hitches.
MINI-WAREHOUSE: A building or group of buildings in a controlled-access,
screened and secured fenced compound that contains varying sizes of individual,
compartmentalized, and controlled-access storage spaces of varying sizes which
are leased or rented.on an individual basis.
MOORING AREA: An area located upon any body of public water used for
the mooring of watercraft. Docks are not considered mooring areas.
MOTEL: A commercial establishment providing transient accommodations to
the general public containing rooms having direct access to the outside without
the necessity of passing through the main lobby of the building. .
MOTOR FREIGHT TERMINAL: A building or area in which trucks, including
tractor or trailer units, are parked, stored, or serviced, including the transfer,
loading or unloading of goods. A terminal may include facilities for the tem-
, porary storage of loads prior to transshipment.
NONCOMFORMING LOT: Any lot of record whiCh does not comply with
the minimum requirernents of the district in which it is located.
NONCONFORMING BUILDING OR SfRUCTURE: Any building or struc-
ture which lawfully existed on the effective date of this Ordinance, or any
amendments thereto, which does not comply with the bulk, placement, land
use intensity or height regulations of the district in which it is located.
NONCONFORMING USE: Any use of land, buildings, or structures lawfully
existing at the time of adoption of this Ordinance which use does not comply
with the applicable use regulations of the district in which it is located.
NURSERY: An enterprise which conducts the retail and wholesale sale of plants
grown on the site, as well as accessory items directly related to their care and
maintenance (but not including power equipment such as gas or electric
lawnmowers and farm implements).
NURSING HOME: An extended or intermediate care facility licensed by the
State of Minnesota. to provide full-time convalescent or chronic care to in-
dividuals who by reason of advanced age, chronic illness or infirmity are unable
to care for themselves.
ORDINARY HIGH WATER MARK: A mark delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape. The ordinary high water mark is commonly that point
where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial.
OUTDOOR STORAGE: The storage of any goods, junk equipment, fuel,
materials, merchandise, supplies or motor vehicles not fully enclosed in a
building for more than a twenty-four hour period.
OUTLOT: A platted lot to be developed for a use which will not involve a
building or which is reserved for future replatting before development.
OVERNIGHT: Any time between the hours of 2:00 a.m. and 5:00 a.m.
PLATTING AUTHORITY: The City Council.
POWER SUBSfATIONS: A facility comprising of transmission towers,
transformers, power equipment, and structures necessary to house said
equipment.
PREMISES: A lot, parcel, tract or plat of land together with the building and
structures thereon.
PRINCIPAL BUILDING: See BUILDING, PRINCIPAL.
PROPERTY LINE: See LOT LINE. .
PROCESSING: The crushing, washing, compounding or treating of rock, sand,
gravel, clay, silt or other like material.
PUBLIC LAND: Land owned and/or operated by a governmental unit.
REAR LOT LINE: See LOT LINE, REAR. ..
REAR YARD: See YARD, REAR.
RECREATIONAL BEACHLOT: Land abutting public water, the principal
use of which is for private recreational use by'two or more families.
RECREATIONAL VEHICLE: A vehicle or vehicular unit which can be driven,
towed or hauled, and which is primarily designed as a temporary living accom-
modation for recreational camping and travel use. Recreational vehicles include
travel trailers, camping trailers, truck campers, and self-propelled motor homes.
REHABILITATION: To renew the land to a self-sustaining, long-term use
which is compatible with contiguous land uses in accordance with the standards
set forth in this Ordinance. .
RESfAURANT, FASf FOOD: An establishment whose principal business is
the sale of food and/or beverages in a ready-to-oonsume state for consump-
tion (I) within restaurant building, (2) within a motor vehicle parked on the
premises, or (3) off the premises as carry-out orders; and whose principal
method of operation includes the following characteristics (a) food and/or
beverages are usually packaged prior to sale and. are served in edible containers
orin paper, plastic, or other disposable containers; (b) the customer is not served
food at his table by an employee, but receives it at a counter window, or similar
facility and carries it to another location on or off the premises for consumption..
RESTAURANT, STANDARD: An establishemnt whose principal business is .
the sale of food and/or beverages to customers in a ready-to-consume state,
and whose principal method of operation includes one or both of the follow-
ing characteristics: (I) customers, normally provided with an individual menu,
are served their food and beverages by a restaurant employee at the same table
or counter at which food and beverages are consumed; (2) a cafeteria-type opera-
tion where food and beverages generally are consumed <Vithin the restaurant
building.
ROADSIDE STAND: Stands for the sale of agricl\ltural produce.
SATELLITE DISH: Shall mean a combination of I) antenna or dish antenna
whose purpose is to receive communication or other signals from orbiting
satellites and other extraterrestrial sources; 2) a low-noise amplifier (LNA) which
is situated at the focal point of the receiving component and whose purpose
is to magnify and transfer signals; and 3) a coaxial cable whose purpose is to
carry the signals into the interior of the building.
SATELLITE DISH HEIGHT: Shall mean the height of the antenna or dish
measured vertically from the highest point of the antenna or dish when posi-
tioned for operation, to ground level.
SALVAGE YARD: See JUNK YARD.
SETBACK: The minimum horizontal distance between a structure and the
nearest property line or roadway easemeni line; and, within Shoreland Areas,
it shall also mean the minimum horizontal distance between a structure. or
sanitary facility and the ordinary high water mark.
SHOPPING CENTER: An integrated group of commercial establishments
planned, developed, and managed as a unit, with off-street parking facilities
provided on-site.
SIDE LOT LINE: See LOT LINE, SIDE.
SIDE YARD: See YARD, SIDE.
SIGN: Any object, device, display, or structure, or part thereof situated out-
doors, or visible through a window or door, which is used to advertise, an-
nounce, identify, display, direct or attract attention to an object, person, in-
stitution, organization, business, commodity, product, service, event or loca-
tion, by means, including words, letters, figures, design, symbols, fixtures, pic-
tures, illumination or projected images.
SIGN, ADVERTISING: Any sign which directs attention to a business, com-
modity, service, activity or entertainment not conducted, sold or offered upon
the premises where such a sign is located.
SIGN, BILLBOARD: See SIGN, ADVERTISING.
SIGN, BULLETIN BOARD: A sign which identifies an institution or organiza-
tion on the premises of which it is located and which contains the name Of the
institution or organization, the names of individuals connected with it, and
general announcements of events or activities occurring at the institution or
similar messages.
SIGN, BUSINESS: A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured, or
to an entertainment offered on the premises where the sign is located.
SIGN, BUSINESS DIRECTORY: A sign which identifies the names of specific
businesses located in a shopping center and which is located on the premises
of the shopping center so identified.
SIGN, CAMPAIGN: A temporary sign announcing, promoting, or support-
ing political candidates or issues in connection with any national, state, or local
election.
SIGN, CANOPY OR MARQUEE: A sign which is mounted, painted on, or
attached to any projection or extension of a building that is designated in such
a manner as to provide shelter or cover over the approach to any entrance of
the building.
SIGN, CONSTRUCTION: A temporary sign erected on the premises on which
construction is taking place, during the period of such constrUction, indicating
the names of the architects, engineers, landscaPe architects, contractors or
similar artisans, and the owners, fmancial supporters, sponsors, and similar
individuals Or firms having a role or intereSt with respect to the situation or
project. ' , ' :,
SIGNS, DEVELOPMENT IDENTIFICATION': A permanent ground low pro-
file sign which identifies a specific residential, industrial, commercial or office
development and which is located on the premises of the development' which
it identifies. .
SIGN, DIRECTIONAL: A sign erected on private property for the purpose
of directing pedestrian or vehicular traffic onto or about the property upon
which such. sign is located, including signs marking entrances and exits, cir-
culation direction, parking areas; and pickup and delivery areas.
SIGN DISPLAY AREA: The areas within a single continuous perimeter enclos-
ing the extreme limits of the actual sign message surface, but excluding any
structural elements outside the limits of each sign not forming an integral part
of the sign. The stipulated maximum sign display are;! for.a sign refers to a
single facing.
SIGN, FLASHING: Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means whatsoever.
SIGN, FREESTANDING: Any nonmovable sign not affixed to a building.
SIGN, GOVERNMENTAL: A sign erected and maintained pursuant to and
in discharge of any governmental functions, or required by law, ordinance or
other governmental regulation.
SIGN, GROUND: Any sign, other than a pole sign, placed upon or supported
by the ground independent of any other structure.
SIGN, GROUND LOW PROFILE BUSINESS: A business sign affixed directly
to the ground, with the sign display area standing not greater than two (2) feet
above the ground. '
SIGN, HOLIDAY DECORATION:.Temporary signs, in the nature of decora-
tions, clearly incidental to and customarily and commonly associated with any
national, local or religious holiday.
SIGN, HOME OCCUPATION: A sign containing only the name and occupa-
tion of a permitted home occupation.
SIGN, ILLUMINATED: A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
SIGN, INFpRMATIONAL: A sign containing descriptions of major points
of interest, government institutions or other public services such as hospitals,
sports facilities, etc.
SIGN, INSTITUTIONAL: A sign which identifies the name and other
characteristics of a public or private institution of the site where the sign is
located.
SIGN, INTEGRAL: A sign so constructed as to be an integral portion of the
building of which it forms a part.
SIGN, MOTION: Any sign or part of a sign which changes physical position
by any movement or rotation of which gives the visual impression of such move-
ment or rotation.
SIGN, NAMEPLATE: A sign,located on the premises, which bears the name
and/or address of the occupant of the building or premises.
SIGN, POLE OR PYLON: A freestanding sign erected upon a pole, post or
other similar support so that the bottom edge of the sign display area is eight
(8) feet or more above the ground elevation at the' base of the sign.
SIGN, PORTABLE: A sign designed so as to be movable from one location
to another, and that is not permanently affixed to a building, structure, or the .
ground.
SIGN, PRIVATE SALE OR EVENT: A temporary sign advertising private
sales or personal property such as "house sales", "garage sales'" and the like
or private nonprofit events such as picnics, carnivals, bazaars, game nights,
art fairs, craft shows and Christmas tree sales.
SIGN, PROJECTING: A sign that is wholly or partly dependent upon a
building for support and which projects more than 12 inches from such building.
SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the premises,
or a portion of the premises, on which the sign is located.
SIGN, ROOF: A sign that is mounted on the roof of a building or which is
wholly dependent upon a building for support and which projects above the
roof line of a building with a flat roof, the eave line of a building with a gam-
brel, gable or hip roof or the deck line of a building with a mansard r,oof.
SIGN, TEMPORARY: A sign or advertising display constructed of cloth, can-
vas, fabric, plywood or other light material and designed or intended to be
displayed for a short period of time. .
SIGN, WALL: A sign attached to or erected against the wall of a building or
structure with the exposed face of the sign in a plane approximately parallel
to the face of the wall, and which does not project more than 12 inches from
such building or structure.
STREETS AND ALLEYS:
A. STREET. A public right-of-way accepted or a private right-of-way approved
pursuant to the requirements of the City, by public authority which pro-
vides a legal primary means of public access to abutting property. The term
"street" s!iall' include a highway, thoroughfare, arterial, parkway,coHec-
----.- .
tor, avenue, drive, circle, road, boulevard or any other similar term describ-
ing an. entity complying with the preceding requirements.
B. COLLECTOR SfREET. A street which carries traffic from minor streets
to arterials.
C. CUL-DE-SAC. A minor street with only one outlet and having an ap-
propriate turn-around for the safe and convenient reversal of traffic
movement.
D, MINOR STREET. A street of limited continuity which is used primarily
for access to abutting properties.
E. ALLEY. A public right-of-way which is used primarily for secondary
vehicular service access to the back or the side of properties abutting on
a street.
F. PRIVATE STREET. A street serving as vehicular access to two (2) or more
parcels of land which is not dedicated to the public but is owned by one
or more private parties.
G. ARTERIAL SfREET. A street or highway with access restrictions design-
ed to carry large volumes of traffic between various sectors of the City or
County and beyond.
STREET FRONTAGE: That portion of a parcel of land abutting one or more
public streets. .
STREET WIDTH: The shortest distance between the lines delineating the right-
of-way of a street.
STRUCTURE: Buildings; fences (except strand wire agricultural fences), sheds,
advertising signs, portable structures, stock piles, docks, boardwalks, culverts
and hard surface parking areas. Anything constructed or erected, the use of
which requires more or less permanent location on the ground or attachment
to something having a permanent location on the ground. When a structure
is divided into separate parts by an unpierced wall, each part shall be deemed
a separate structure.
SUBDIVISION: The separation of an area, parcel, or tract of land under single
ownership into .two or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the lea~hold interest necessitates the creation of streets,
roads, or alleys, for residential, commercial, industrial, or other use or any
combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or
larger in size and 500 feet in width for residential uses and five acres or
larger in size for commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders, or the adjustment of a lot line by the reloca-
tion of a common boundary.
TEMPORARY STRUCTURE: A structure without any foundation or footings
and which shall be removed when the designed time period, activity, or use
for which temporary structure was erected has ceased.
TOWNHOUSE: A single family attached dwelling in a row of at least three
such units in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from the adjoin-
ing unit by one or more common fire resistent walls having no openings and
extending from the basement to the roof.
TRAILER, TEMPORARY: A trailer or mobile home for construction pur-
poses, the display or sale of real estate, or major durable goods or as a tern-
porary form of residential dwelling on lot on which a house is being constructed.
TRAILER, TRAVEL.: A vehicle or movable structure which is designed, in-
tended or used for temporary human habitation during recreational or vaca-
tion activities. The term includes, without limitation, recreational vehicles,
campers, camper trailers and tents, and house travel and tent trailers, but does
not include mobile homes.
TRUCK TERMINAL: Any use, area, or building where cargo, trucks, truck
parts,loading equipment, and the like is stored or where trucks load and unload
on a regular basis. '
UTILITY SERVICES: The erection, construction, alteration, or maintenance,
by public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution systems,
communication, including poles, wire, mains, drains, sewers, pipe, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment and accessories in connection therewith, that is reasonably
necessary for the furnishing of adequate service by such public utilities or
governmental agencies or for the public health or safety or general welfare.
This term does not imply overhead transmission lines in excess of 69 kv.
VARIANCE: Permission to depart from the requirements of this Ordinance.
VEHICULAR USE AREA (V.U.A.): Is any open or unenclosed area contain-
ing more than 1,800 sq; ft. of area and/or used by six. or more, of any type
of vehicle, whether moving or at rest, including, but not limited to, parking
lots, loading and unloading areas, and sales and service areas. Driveways are
considered to be vehicular use areas whenever they are adjacent to public streets
or other vehicular use elements described previously in this paragraph (and in-
tervening curbs, sidewalks,landscape strips, etc., do not eliminate adjacency).
WAREHOUSING: Warehousing is the commercial storage of merChandise and
personal property.
WETLAND TYPES: Classifications of Wetlands as defined in U.S. Depart-
ment of Interior, Fish and Wildlife Service, Circular 39, "Wetlands of the U.S.
1956".
WETLAND WATERSHED: That area of land from which water drains into
a Class A or Class B wetland.
CLASS A WETLANDS: Wetland types 3, 4, 5, 6, 7 and 8. In the case of wet-
lands adjoining a public waters designated as lake or pond this class shall also
include type 2 wetlands. Type 2 wetlands shall also be deemed a Gass A wetland
when adjoining a stream designated as public waters to the extent that it en-
croaches upon the 100 year floodplain of the stream.
CLASS B WETLANDS: Type 2 wetlands not adjoining a public waters
designated as lake or pond nor within the 100 year floodplain of a stream design-
ed as public waters.
WHOLESALE NURSERY: An enterprise which conducts the wholesale of
plants grown on site as well as accessory items directly related to their care and
maintenance (but not including power equipment such as gas or engine
lawnmowers and farm implements). ,
WHOLESALE TRADE: Establishments or places of business primarily engaged
in selling merchandise to retailers; to industrial, commercial, institutional, or
professional business users, or. to other wholesalers; or acting as agents or
brokers and bUying merchandise for, or selling merchandise to, such individuals
or companies.
WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is design-
ed to convert wind power to another form of energy such as electricity or heat
(also referred to by such common names as wind charger, wind turbine and
windmill).
YARD: Any open space that lies between the principal or accessory building
or buildings and the nearest lot line. Such yard is unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
Ordinance.
YARD, FRONT: A yard extending across the full width of the lot between
any building and the front lot line, and measured perpendicular to the building
from the closest point of the building to the front lot line.
YARD, REAR: A yard extending across the full width of the lot between the
principal building and the rear lot line, and measured perpendicular to the
building from the closest point of the building to the rear lot line.
YARD, SIDE: A yard extending from the front yard to the rear yard between
the principal building and the side lot line, measured perpendicular to the
building from the closest. point of the building to the side lot line.
ZONING ADMINISTRATOR: The City Manager.
ARTICLE Ill. ADMINISTRATION AND PROCEDURES
SECTION I. BOARD OF ADJUSTMENT AND APPEALS
3-1-1 Creation and Membership. There is hereby created a 'Board of Ad-
justments and Appeals which shall consist of three regular members and
one alternate member all of whom shall be appointed by the City Coun-
cil. Three members of the Board shall constitute a quorum. The alter-
nate member may vote only if a regular member is absent from the Board
meeting. The Board shall serve without compensation. Its members shall
serve a term of one year beginning on the first day of January or until
their successors are appointed. The Board shall select one of its members
as chairperson and appoint a secretary who may, but need not, be one
of its ml:!llbers. '
3-1-2 Powers and Duties of Board. Pursuant to Minnesota Statutes 462.357,
Subd. 6, The Board shall have the following powers:
I. 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
employee in the administration of this Ordinance.
2. To hear requests for variances from the provisions of the Ordinance.
3-1-3 Variance.
I. A variance may be requested only by the owner of the property (or
his/her) approved representative to which the variance would ap-
ply. 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 one-family dwelling as a two-family dwelling. In granting any
variance, the Board may prescribe conditions, to insure substantial
compliance with the Ordinance and to protect adjacent property.
The violation of any written condition shall constitute a violation
of this Ordinance. A variance shall become void within one (I) year
following issuance unless substantial action has been taken by the
petitioner in reliance thereon.
2. A variance may be granted by the Board only if it finds all the
following: '
A. That the literal enforcement of the Ordinance would cause un-
due hardship and practical difficulty.
B. That the hardship is caused by special conditions and cir.
cumstances which are peculiar to the land and structure involved
and which are not characteristic of or applicable to other lands
or structures in the same district.
C. That the granting of the variance is necessary for the preserva-
tion and enjoyment of substantial property rights.
D. That the special conditions and circumstances are not a conse-
quence of a self-created hardship.
E. That the variance will not be injurious to or adversely affect
the health, safety or welfare of the residents of the City or the
neighborhood wherein the property is situated and will be in
keeping with the spirit and intent of the Ordinance.
3. A variance for the temporary use of a single-family dwelling as a
two-family dwelling may only be allowed under the following
circumstances:
A. There is a demonstrated need based upon disability, age or
financial hardship.
B. The dwelling has the exterior appearance of a single-family
dwelling, including the maintenance of one driveway and one
main entry.
C. Separate utility services are not established (e.g. gas, water,
sewer, etc.)
D. The variance will not be injurious to or adversely affect the
health, safety or welfare of the residents of the City or the,
neighborhood where the prop~y is situated and will be in keep.
ing with the spirit and intent of this Ordinance.
3-1-4 Procedures.
I. Form. Appeals and applications for variances shall be filed with the
Zoning Administrator on prescribed forms. A fee, as established by
the City Council, shall be paid upon the filing of an application.
The Board may waive the application fee in unusual circumstances.
2. Hearing. Upon the filing of an appeal or application for variance,
the Zoning Administrator shall set a time and place for a hearing
befote the Board of Adjustments and Appeals on such appeal or
application, which hearing shall be held within thirty (30) days after
the filing of said appeal or application. At the hearing the Board
shall hear such persons as wish to be heard, either in person or by
attorney or agent. Notice of such hearing shall be mailed not less
than ten (10) days before the date of hearing to the person who med
the appeal or application for variance, and, in the case of an ap.
plication for variance, to each owner of property situated wholly
or partially within five hundred (5OD) feet of the property to which
the variance application relates. The names and addresses of such
owners shall be determined by the Zoning Administrator from
'records provided by the applicant.
3. Decisions of the Board. The Board shall be empowered to decide
appeals and grant variances only when the decision of the Board
is by a unanimous vote.
A simple majority vote or split vote by the Board shall serve 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.
The Board shall act upon all appeals and variance requests within
fifteen (15) days after the date of the close of the required hearing.
4. Appeal from Decisions of the Board. Any person or persons, ago
grieved by any decision of the Board, ineluding the applicant or any
person owning property or residing within five hundred (5OD) feet
of the property to which a variance application relates, may appeal
such decision to the City Council by ming an appeal with the Zon-
ing Administrator within ten (10) days after the date of the Board's
decision. The procedure governing appeals to, the Board shall also
govern appeals to the City Council.
S. 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. The Council shall decide all appeals within thirty (30)
days after the date of the required hearing thereon.
6. Denial. Vanances may be denied by the Board and the Council, and
such denial shall constitute a fmding and determination that the con.
ditions required for approval do not exist.
7. Action Without Decision. If no decision is transmitted by the Board
to the City Council within sixty (60) days from the date of an ap-
peal or variance request is filed with the Zoning Administrator, the
Council may take action on the request, in accordance with the pro-
cedures governing the Board, without further awaiting the Board's
decision.
SECTION 2. CONDITIONAL USE PERMITS
3-2-1 Purpose. Conditional uses include those uses which are not usually allow-
ed within the zoning district, but which may under some circumstances
be suitable. The applicant shall have the burden of proof that the use
is suitable and that the standards set forth in this Section have been met.
3-2-2 Application, Public Hearing, Notice and Procedure. The application,
public hearing, public notice and procedure requirements for conditional
use permits shall be the same as those for amendments as provided in
Article III, Section 3 except that the permit shall be issued on the af-
firmative vote of a majority of the entire Council. Although specific
submissions required to complete an application for a conditional use
permit may vary with the specific use and the district in which it is
located, all applications for such permits must include at minimum a
site plan that clearly illustrates the following: proposed land use building
mapping and functions, circulation and parking areas, planting areas
and treatment, sign locations and type, basic lighting concerns, the rela-
tionship of the proposed project to neighboring uses, environmental im-
pacts and demand for Municipal services.
3-2-3 Standards. The Planning Commission shall recommend a conditional
use permit and the Council shall issue such conditional use permits only
if it finds that such use at the proposed location:
I. Will not be detrimental to or endanger the public health, safety, com-
fort, convenience or general welfare of the neighborhood or the City.
2. Will be consistent with the objectives of the City's Comprehensive
Plan and this Ordinance.
3. Will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of
the general vicinity and will not change the essential character of
that area.
4. Will not be hazardous or disturbing to existing or planned neighbor.
ing uses.
5. Will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems and schools; or will be serv-
ed adequately by such facilities and services provided by the per-
sons or agencies responsible for the establishment of the proposed
use.
6. Will not create excessive requirements for public facilities and ser-
vices and will not be detrimental to the economic welfare of the
community.
7. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, pro-
perty or' the general welfare because of excessive production of traf-
fic, noise, smoke, fumes, glare, odors, rodents, or trash.
8. Will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic on surrounding public
thoroughfares.
9. Will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
10. Will be aesthetically compatible with the area.
, Il. Will not depreciate surrounding property values.
12., Will meet the standards prescribed for certain uses as provided in
Article V, Section 5-9 and 5-17.
3-2-4 Conditions. In reviewing applications for conditional use permits, the
Planning Commission and the Council may attach reasonable condi-
tions to mitigate anticipated adverse impacts associated with these uses,
. to protect the value of other property within the district, and to achieve
" the goals and objectives of the Comprehensive Plan. Such conditions
may include, but are not limited to, the following:
I. Controlling the number, area, bulk, height and location of such uses.
2. Regulating ingress and egress to the property and the proposed struc- _
tu'res thereon with particular reference to vehicle and pedestrian safe-
ty and convenience, traffic flow and CQntrol and access in case of
fire or other catastrophe.
3. Regulating off-street parking and loading areas where required.
4. Utilities with reference to location availability and compatability.
5. Berming, fencing, screening, landscaping or other facilities to pro-
tect nearby property.
6. Compatability of appearance.
In determining such conditions, special consideration shall be given
to protecting immediately adjacent properties from objectionable
views, noise, traffic and other negative characteristics associated with
suchuseL '
3-2-5 Denial for Noncompliance. If the Council denies a conditional use per-
mit, it shall state findings as to the ways in which the proposed use does
not comply with the standards required by this Title.
3-2.6 Permittee. A conditional use permit shall be issued for a particular use
and not for a particular person.
3-2-7 Revocation., Failure to comply with any condition set forth in a condi.
tional use permit, or any other violation of this Title, shall be a misde-
meanor and shall also constitute sufficient cause for the termination of
the conditional use permit by the City Council following'a public hearing.
3-2-8 Expiration. If substantial construction has not taken place within one
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 per-
mit 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. This provision shall apply to conditional use permits issued
prior to the effective date of this Title, but the six (6) month period shall
not be deemed to commence, until the effective date of this Title.
SECTION 3. TEXT AMENDMENTS AND ZONING DISTRICT
CHANGES
3-3-1 Authority. The Council may from time to time by a four-fifths (4/5)
vote of the entire Council adopt amendments to this Ordinance including
the zoning map.
3-3.2 Procedure.
I. Proceedings to amend this Ordinance shall only be initiated by the
Council, the Planning Commission or a petition of the property
owner(s).
2. An application for an amendment shall be fled with the City. Peti-
tions by property owners requesting change in a district boundary
shall be accompanied by a map or plat showing the lands proposed
to be changed and all land within five hundred (5OD) feet of the boun-
daries of the property proposed for such rezoning tbgether with the
names and addresses of the owners of lands in such area.
3.3-3 Public Hearing. No amendment shall be adopted until a public hearing
has been held thereon by the Planning Commission. Notice of the time,
place and purpose of an amendment hearing shall be published in the
official newspaper at lell$t ten (10) days prior to the day of hearing. When
an amendment involves changes in one or more district boundaries af-
fecting an area of five (5) acres or less, notice of the hearing shall be
mailed at least ten (10) days before the date of hearing to each owner
of property within the area proposed to be changed and owners of pro-
perty situated wholly or partially within five hundred (500) feet of the
property to which the amendment relates. The failure of a property
owner to receive notice as specified herein shall not invalidate the public
hearing or the amendment proceeding. Where appropriate, notice shall
also be given to affected homeowner's associations.
If a development is proposed adjacent to a lake or will affect the usage
of the lake, the applicant shall provide the City with a list of property
owners abutting the lake at the time of appliction. The City shall pro-
vide mailed notice to the lake homeowners as in compliance with the
procedures above. The applicant is responsible for meeting with affected
homeowners. '
3.3-4 Commission Action. Following conclusion of the public hearing held
by the Planning Commission, the Commission shall report its findings
and recommendations on the proposed amendment to the Council. If
no report of recommendation is transmitted by the Planning Commis-
sion within sixty (60) days following referral of the amendment to the
Commission, the Council may take action on the amendment without
awaiting such recommendation.
3-3-S Council Action. Following Planning Commission consideration or to
the expiration of its review period, the Council may adopt the amend-
ment or any part thereof in such form as it deems advisable, reject the
amendment, or refer it to the Planning Commission for further
consideration.
SECTION 4. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY,
FEES
3-4cl Building Permits.
I. No person shall erect, construct, alter, enlarge, repair, move or
remove, any building or structure or part thereof without first secur-
ing a building permit.
2. An application for a building permit shall be made to the City on
a form furnished by the City. All building permit applications shall
be accompanied by a site plan drawn to scale showing the dimen-
sions of the lot to be built upon and the size and location of any
existing structures and the building to be erected, off-street parking
and loading facilities and such other information as may be deem-
ed necessary by the City to determine compliance with this and other
land use ordinances. No building permit shall be, issued for activity
in conflict with the provisions of this Ordinance. The City shall issue
a building permit only after determining that the application and
plans comply with the provisions of this Ordinance, the State
Building Code and other applicable law and ordinances.
3. If the work described in any building permit is not begun within
ninety (90) days or substantially completed within one (I) year
following the date of the issuance thereof, said permit may become
void at the discretion of the Zoning AdministratOr upon submis-
sion of documented evidence. Written notice thereof shall be
transmitted by the City to permit holder, stating that activity
authorized by the expired permit shall cease unless and until a new
building permit has been obtained.
3-4-2 Certificates of Occupancy.
I. In accordance with the Uniform Building Code, a certificate of oc-
cupancy shall b~ obtained before: (i) any nonagricultural building,
except an accessory building, hereafter erected or structurally altered
is occupied or used; and (iI) the use of any existing nonagricultural
building, except an accessory building, is chang~d. '
2. Application for a certificate of occupancy shall be made to the City
as part of the application for a building permit. A certificate of oc-
i cupancy shall be issued by the City following completion of the
, building permit activity and a determination that the building and
its proposed use complies with this Ordinance and the provisions
of any permit issued pursuant hereto. To the extent practicable a
certificate shall be issued within ten (10) days after the completion
of a building permit activity. The City may issue a temporary cer-
tificate of occupancy for a period not to exceed six (6) months when
work pursuant to a building permit is in progress. A certificate of
occupancy shall also constitute a building code certificate as required
by Minnesota Statutes 16.851.
3-4-3 Fees. Fees and charges for processing applications shall be established
by resolution of the Council.
3-4-4 Grading and Erosion Control.
I. Whenever deemed necessary, a satisfactory erosion control and
grading plan must be approved by the City Engineer before a
building permit is issued for construction. Said plan is to address
on-site grading activities as well as protection of adjacent slopes,
streets, ,lakes, ponds, drainageways, wetlands, and developed
property.
2. A satisfactory grading and erosion control plan shall provide spot
elevations of proposed grades in relation to existing grades on the
subject property and adjacent land. Areas where the finished slope
will be steeper than five (5) units horizontal to one (I) vertical shall
be specifically noted. Also,locations of erosion control (staked hay
bales or reinforced silt fence) shall be clearly labeled.
3. Every effort shall be made to minimize disturbance of existing
ground cover. No grading or filling shall be permitted within forty
(40) feet of horizontal distance to the ordinary high water mark of
a water body unless specifically approved by the City. Also, to
minimize the erosion potential of exposed areas, restoration of
ground cover shall be provided as quickly as possible after comple-
tion of the grading operation.
4. Every effort shall be made during the building permit application
process to determine the full extent of erosion control required.
However, the City Engineer shall be empowered to require additional
contrc\ls to correct specific site related problemS as n?~al inspec-
Chanhassen Zoning Ordinance Page Three
tions are performed. .
5. All erosion' control measures noted on the approved plan shall be
installed prior to the initiation of any site grading. Noncompliance
with the grading and erosion control plan shall constitute grounds
for an order from the City Engineer to halt all construction.
SECTION 5. NONCONFORMING USES
3-5-1 Nonconforming Buildings and Uses. The lawful use of a building or land
existing at the time of the adoption of this Ordinance may be continued,
although such use does not conform with the provisions hereof. Except
as hereinafter provided, nonconforming uses shall not be extended or
enlarged.
3-5-2 Nonconforming Lots of Record. Single-family lots in the A-2 and RR
Districts established prior to the effective date of this Ordinance shall
be deemed as buildable lots. In the RSF and R-4 districts, notwith-
standing limitations imposed by other provisions of this Ordinance, a
single-family dwelling and customary accessory buildings may be erected
on any single lot of record on the effective date of this Ordinance pro-
vided that it fronts on a public right-of-way or approved private street
and provided that the width and area measurements are at least seventy-
five percent (75070) of the minimum requirements of this Ordinance.
If two (2) or more lots or combinations of lots and portions of lots with
contiguous street frontage in single ownership are of record on the ef-
fective date of this Ordinance, and if all or part of the lots do not meet
the width and area requirements of this Ordinance for lots in the district,
the contiguous lots shall be considered to be an undivided parcel for
the purpose of this Ordinance and no portion of such parcel shall be
used or occupied which does not meet lot width and area requirements
of this Ordinance, nor shall the parcel be so divided that any remaining
lot does not comply with such requirements.
3-5-3 Discontinuance.
I. In.the event that a nonconforming use of any building or premises
is discontinued or its normai operation stopped for a period of one
(I) year, the use of the same shall thereafter conform to the regula-
tions of the district in which it is located.
2. In the event that the use of a nonconforming advertising sign struc-
ture is discontinued or its normal operation stopped for a period
of six (6) months, said structure shall be removed.
3-5-4 Alterations. If no structural alterations are made, a nonconforming use
of a building may be changed to another nonconforming use of the same
or more restricted intensity by conditional use permit. Whenever a non-
conforming use of a building has been changed to a more restricted use
or to a conforming use, such use shall not thereafter be changed into
a less restricted one.
3-5-5 Residential Alterations. Alterations may be made to a residential pro-
perty containing nonconforming residential units when they will improve
the livability of such units, provided, however, that they do not increase
the number of dwelling units in the building.
3-5-6 Restoration. No nonconforming use, building or structure, except single-
family dwellings in a residential district, which has been damaged by
fire, explosion, flood, act of God or other calamity to the extent or more
than fifty percent (50070) of its assessed market value may be restored.
A nonconforming use, building or structure which is damaged to a lesser
degree may be restored and its previous use continued or resumed pro-
vided that restora'tion is completed within one (I) year following its
damage and no enlargement occurs. Notwithstanding Section 5-2 above,
a single-family residence may be restored to its original location.
3-5-7 Normal Maintenance. Maintenance and repair of nonconforming uses
is permitted.
3-5-8 Issued Permits. Nothing herein contained shall require any change in
plans, construction or designated use of a building, or structure for which
a building permit has been issued prior to the effective date of this Or-
dinance, provided, however, that the entire building shall be completed
according to such plans as filed wfthin twenty-four (24) months from
the date of issuance of said permit.
3-5-9 Status of Variances, Conditional Use Permits, and Planned Unit
Developments. If a conditional use permit, variance or planned unit
development for a specific use or structure has been granted by the City,
the use or structure shall not be deemed nonconforming, but shall be
deemed allowed in such district. Further, existing uses which are allow-
ed as a conditional use in the district in which it is located that have
not received a conditional use permit shall not be deemed nonconform-
ing if they meet required standard? provided in this Ordinance.
SECTION 6. SITE PLAN REVIEW PROCEDURES
3-6-1 Approval Required. The City Council, with the advice and recom-
mendation of the Planning Commission, shall review and approve a site
plan application before issuance of a building permit in the multiple fami-
ly districts and in the business, office and industrial districts. Expan-
sion of a building in any manner which results in a different intensity
of use, including the requirement for additional parking, shall also reo
quire site plan approval.
3-6-2 Exceptions. The following shall not require site or building plan
approval :
I. Construction or alteration of a single family or two-family residen-
tial building or buildings accessory thereto;
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 pro-
vided that the City Planner approved the enlargement; and
3. Changes in the leaseable space of a multi-tenant building where the
change does not intensify the use, require additional parking, or
result in an inability to maintain required performance standards.
3-6-3 Application. Application for a site plan review shall be made to the Ci-
ty Planner on forms provided by the City and shall be filed three (3)
weeks in advance of the Planning Commission meeting at which it is
to be considered. The application shall also include:
I. Evidence of ownership or an interest in the property;
2. The appliction fee; and
3. Complete site plans, signed by a registered architect, civil engineer,
landscape architect or other design professional, to include the
following:
A. GENERAL:
I) Name of project.
2) Name, address, and telephone number of the applicant,
engineer, and owner of record.
3) Legal description (certificate of survey may be required).
4) Date proposed, north arrow, engineering scale, number of
sheets, name of drawer.
5) Vicinity map showing relationship of the proposed develop-
ment to surrounding streets, rights-of-way, easements, and
natural features.
6) Description of intended use Of the site, buildings, and struc-
, tures including type of occupancy and estimated occupan-
cy load. '
7) Existing zoning and land use.
8) Tabulation box indicating:
a) Size of parcel in acres or square feet
b) Gross floor area of each building
c) Percent of site covered by building
d) Percent of site covered by impervious surface
e) Percent of site covered by parking area
o Projected number of employees
g) Number of seats if intended use is a restaurant or place
of assembly
h) Number of parking spaces required
i) Number of parking spaces provided including
handicapped
j) Height of all buildings and structures and number of
stories
B. SITE PLAN:
I) Property line dimensions, location of all existing and pro-
posed structures with distance from boundaries, distance
between structures, building dimensions, and floor
elevations.
2) Grading and drainage plan showing existing natural
features (topography, wetlands, vegetation, etc.) as well as
proposed grade elevations and sedimentation, and storm
water retention ponds.
3) All existing and proposed points of egress/ingress show-
ing widths at property lines, turning radii abutting rights-
of-way with indicated center tine, width, paving width, ex-
isting and proposed median cuts, and intersections of streets
and driveways.
4) Vehicular circulation system showing location and dimen-
sions for all driveways, parking spaces, parking lot aisles,
service roads, loading areas, fire lanes, emergency access
(if necessary), public and priv!"le meets, alleys, sidewalks,
..... .
Page Four Chanhassen Zoning Ordinance
bikepaths, direction of lraffio1J1ow, aild traffic control
devices.
S) Landscaping plan in accordance with the provision of Ar-
ticle Vlll.
6) Location, access, and screening detail of trash enclosures.
7) Location and screening detail of roof top equipment.
S) Location and detail of signage.
9) Lighting location, style and mounting.
10) Building elevations from all directions.
II) Utility plan identifying size and direction of existing water
. and sewer lines, fire hydrants, distance of hydrant to pro-
posed building.
12) List of proposed hazardous materials, use and storage.
13) Proposed fire protection system.
3-6-4 Iluilding Permit and Certificate of Occupancy. A building permit may
be issued if the proposed construction conforms to the approval granted
by the City Council. A certificate of occupancy may be withheld if con-
struction is not consistent with the terms of plan approval and will not
be issued until the terms of plan approval are met. Minor changes to
the approved site plan' may be made after review and approval by the
City Planner. Major changes shall require the submission of another
site plan review application.
ARTICLE IV. ESTABLISHMENT OF DISTRICTS
SECTION I: ESTABLISHMENT OF DISTRICTS
The City of Chanhassen is divided into the following zoning districts:
AGRICULTURE DISTRICTS .
"A-I" Agricultural preservation district
"A-2" Agricultural estate. district
. RESIDENTIAL ,DISTRICTS
"RR" "Rural residential district
"RSF" Single Family residential district
"R-4" Mixed low density residential district
"R-S" Mixed medium density residential district
"R-12" High density residential district
BUSINESS DISTRICT
"BN" Neighborhood business district
"BH" Highway and business services district
"CBD" Central business district
"BG" General business district
"BF" Fringe business district
INSTITUTIONAL AND INDUSTRIAL DISTRICTS
"01" Office and institutional district
"lOP" 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
SECTION 2: ZONING MAP
The boundaries of the districts established by this Ordinance are delineated on
the Zoning Map; the Map and all notations, references and data shown thereon
are hereby adopted and made part of this Ordinance and will be on permanent
file for public inspection at the City Hall.
SECTION 3: 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 floodwaydistrict, shoreland manage-
ment district and wetland 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 Adjustment and Appeals shall.make
the necessary interpretation.
ARTICLE V. DISTRICT REGULATIONS
SECTION \. SCHECDULE OF USES PERMITTED BY DISTRICT
Uses of rand, buildings, and structures not permitted below as either principal,
accessory or conditional are prohibited. District regulations as set forth below
shall also be subject to the provisions of Articles II, III, VI, VII, VIII, IX and X.
SECTION 2. "A-I" AGRICULTURAL PRESERVATION DISTRICT
S-2-1 INTENT. Preservation of agricultural lands and allowing single-family
residential development with 40 acre minimum lot sizes to preserve rural
character in large areas of the community.
S-2-2 The following uses are Permitted in an "A-I" district:
I. Agriculture ~-'
2. Public and private parks and open space
3. Single-family dwellings
4. Utility services
S. State licensed day care center for twelve or fewer children
6. State licensed group home serving six or fewer persons
S-2-3 The following are permitted accessory uses in an "A-I" district:
\. Accessory agricultural buildings
2. 'Garage, private stables and swimming pools
3. Tennis court
4: Signs
S. Home occupations
6. One dock
7. Roadside stand
S. Private kennel
S-2-4 The following are conditional uses in an "A-I" district:
I. Bed and breakfast establishment
2. Public buildings
3. Temporary mobile home (compliance with Article VI, Section 6 is
not required)
4. Group homes for 7-16 persons
S-2-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in an "A-I" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance
1. Lot area: Forty acres. '
2. Lot Frontage: 3S0 feet.
3. Lot Depth: 2S0 feet.
4. Maximum Lot Coverage: 30/0.
S. Setbacks:
A. Front yards: 100 feet.
B. Rear yards: 100 feet.
C. Side yards: SO feet.
6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: three stories/40 feet.
S-2-6 Properties designated under Agricultural Preserve status as provided for
by Minnesota Statute 473, shall be zoned A-I Agricultural Preserves until
such designation is requested by the landowner to be removed. No ap-
plication fee is required for rezoning the property from A-I to another
district.
SECTION 3. "A-2" AGRICULTURAL ESTATE DISTRICT
S-3-1 INTENT. Preservation of rural character while respecting development
patterns by allowing single' family residential development.
S-3-2 The following uses are permitted in an "A-2" district:
\. Agricultu re
2. Public and private parks and open space
3. Single-family dwellings
4. State licensed day care center for twelve or fewer children
S. Utility services
6. State licensed group home for six or fewer persons
7. Temporary real estate office 'and model home
S. Arboretums
S-3-3 The following are permitted accessory uses in an "A.2" district:
\. Accessory agricultural building
2. Garage
3. Private stables
4. Swimming pool
S. Tennis court
6. Signs .
7. Home occupations
S. One dock
9. Roadside stand
10. Private kennels
S-3-4 The following are conditional uses in an "A-2" district:
\. Bed and breakfast establishment
2. Temporary mobile home (compliance with Article VI,Section 6 is
not required)
3. Mineral extraction
4. Cemetery
S. Commercial kennels, stables and riding academies
6. Contractor's yard
7. Commercial Communication transmission towers
S. Wholesale nursery
9. Electrical sub-station
S-3-S Lot Requirements and Setbacks. The fOllowing minimum requirements
shall be observed in an "A-2" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1. Lot area: 2.S Acres, subject to the regulations listed in Article VI,
Section 7.
2. Lot Frontage: 200 feet (except that lots fronting on a cul-de-sac shall
be 200 feet in width at the building setback line). '
3. Lot Depth: 200 feet.
4. Maximum Lot Coverage: 20%.
S. Setbacks:
A. Front yard: SO feet.
B. Rear' yard: SO feet.
C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: three stories/40 feet.
7. Minimum Driveway Separation:
A. Collector:' 400 feet :
B. Arterial: 1,2S0 feet
SECTION 4. "RR" RURAL RESIDENTIAL DISTRICT
S-4-1 INTENT. Single-family residential subdivisions intended for large lot
developments. ,
S-4-2 The following uses are permitted in an "RR" district:,
\. Single-family dwellings
2. Public and private parks and open space
3. State licensed day care center for twelve or fewer i::hildrten
4. State licensed group home serving six or fewer persons
S. Utility services
6. Temporary real estate office and model home
7. . Agriculture
S-4-3 The following are permitted accessory uses in an "RR" district:
I. Garage
2. Storage building
3. Swimming pool
4. Tennis court
S. Signs
6. Home occupations
7. One dock
S. Roadside stand
9.' Private kennel
S-4-4 The following are' conditio'nal uses in an "RR" district:
'I. Churches
2. Private stables
3. Public buildings
4. Recreational beach lots
S. Commercial kennels, stables and riding academies
S-4-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in an "RR" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
I. Lot area: 2.S Acres, subject to the requirements listed in Article VI,
Section 7.
2. . Lot Frontage: 200 feet (except that lots fronting on a cul-de-sac shall.
be 200 feet in width at the building setback line).
3. Lot Depth: 200 feet.
4. ,Maximum Lot Coverage: 20%.
S. Setbacks:
A. Front yard: SO feet.
B. Rear yard: SO feet.
C. . Sid'e yard: 10 feet.
6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: three stories/40 feet.
7. Minimum Driveway Separation:
A. .Collector: 400 feet
B. Arterial: 1,2S0 feet
SECTION S. "RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT
S-S-I INTENT. Single-family residential subdivisions.
S-S-2 The following uses are permitted in an "RSF" district!
I. Single-family dwellings
2. Public and private open space
3. State licensed day care center for twelve or fewer children
4. State licensed group home serving six or fewer persons
S. Utility services
6. Temporary real estate office and model home
S-S-3 The following are permitted accessory uses in an "RSF" district:
I. Garage
2. Storage building
3. Swimming pool
4. Tennis court
S. Signs
6. Home occupations
7. One dock
S. Private kennel
S-S-4 The following are conditional uses in an "RSF" district:
I. Churches
2. Private stables, subject to provisions of the horse ordinance
3. Recreational beach lots
4. Commercial stable with a minimum lot size of five acres.
S-S-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in an "RSF" District subject to additional re-
quirements, exceptions and modifications set forth in this Ordinance.
I. Lot area: IS,Ooo square feet.
2. Lot Frontage: 90 feet (except that lots fronting on a cul-de-sac shall
be 90 feet in width at the building setback line).
3. Lot Depth: ISO feet. '
4. Maximum Lot Coverage for all structures and paved surfaces: 2S %.
S. Setbacks:
A. Front yard: 30 feet.
B. Rear yard: 30 feet.
C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: three stories/40 feet.
SECTION 6. "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT
S-6-1 INTENT. Single-family and attached residential development at a max-
imum net density of four dwelling units per acre.
S-6-2 The following uses are permitted in an "R-4" district:
I. Single-family dwellings
2. Two-family dwellings
3. Public and private parks and open space
4. Group home serving six or fewer persons
S. State licensed day care center for twelve or fewer children
6. Utility services
7. Temorary real estate office and model home
S-6-3 The following are permitted accessory uses in an "R-4" district:
I. Garage
2. Storage building
3. Swimming pool
4. Tennis court
S. Signs
6. . Home occupations
7. One dock'
S-6-4 The following are conditional uses in an "R-4" district:
I. Churches
2. Boarding houses
3. R=eational beach lots
4. Private kennel
S-6-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in an "R-4" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
\. Lot area: IS,ooo sq. ft. per detached single-family dwelling unit;
10,000 sq. ft. per dwelling unit for two-family dwellings.
2. Lot FJ;ontage: 80 feet for single-family dwelling; SO feet per dwell-
ing unit for two-family dwellings (except that lots fronting on a cul-
de~c shall be 80 feet in width at the building setback lines for single-
family dwellings and SO feet for two-family dwellings.
3. .Lot Depth: ISO feet.
4. Maximum Lot coverage for all structures and paved surfaces: 30%.
S. Setbacks:
A. Front yard: 30 feet.
B. Rear yard: 30 feet.
C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: one story/IS feet.
SECTION 7. "R-S" MIXED MEDIUM DENSITY RESIDENTIAL
DISTRICT
S-7-l INTENT. Single-family attached residential development at a maXimum
net density of eight dwelling units per acre.
S-7-2 The following uses are permitted in an "R-S" district:
1. Townhouses, two-family and multi-family dwellings
2. Public and private parks and open space
3. Utility services
4. Temporary real estate office and model home
S-7-3 The following are permitted accessory uses in an "R-S" district:
I. Garage
2. Storage building
3. Swimming pool
4. Tennis court
S. Signs
6. Home occupations
7. One dock
S-7-4 The following are conditional uses in an "R-S" district:
I. Day care center
2. Group home serving from seven to sixteen persons
3. Boarding houses
4. Churches
S. Recreational beach lots
S-7-S Lot Requirements and Setbacks. The following minimum requirements
shall ~ observed in an "R-8" District subject to additional requirements,
exceptIOns and modifications set forth in this Ordinance.
I. Lot area: 7,Soo square feet per dwelling unit for two-family
dwellings;
S,SOO square feet per dwelling unit for townhouses and multi-family
dwellings
2. Lot Frontage: SO feet per dwelling unit for two-family dwellings (ex-
cept that lots fronting on a cul-de-sac shall be SO feet in width at
the building setback line for two-family dwellings);
, ISO feet for townhouses and multiple family projects.
3. Lot Depth: ISO feet.
4. Maximum Lot Coverage: 3S%
S. Setbacks:
A. Front yard: 2S feet.
B. Rear yard: 2S feet.
C. Side yard: 10 feet.
. 6. Maximum Height:
A. Principal Structure: three stories/4O feet.
B. Accessory Structure: one story/IS (eet.
SECTION S. "R-12" HIGH DENSITY RESIDENTIAL DISTRICT
S-S-I INTENT. Townhouses and multi.family residential structures at a max-
imum density of twelve dwelling units per acre.
S-S-2 The following uses are permitted in an "R-Z" district:
I. Townhouses, two.family dwellings and multi-family dwellings
2. Public and private parks and open space
3. Utility services
S-S-3 The following are permitted accessory uses in an "R~12" district:
I. Garage
2. Storage building
3. Swimming pool
4. Tennis court
S. Signs
6. Home occupations
7. One dock '
S-S-4 The following are conditional uses in an "R-12" district:
\. Health care facilities
2. Day care center
3. Boarding houses
4. Group home serving from seven to sixteen persons
S. Recreational beach lots
6. Temporary real estate office and model home
7. Churches
S.S-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in an "R-12" District subject to additional re-
quirements, exceptions and modifications set forth in this Ordinance.
I. Lot area: 7,Soo square feet per dwelling for two-family dwellings;
3,600 square feet per dwelling unit for townhouses and multi-family
dwellings
2. Lot Frontage: SO feet per dwelling unit for two-family dwellings (ex-
cept that lots fronting on a cul-de-sac shall be 50 feet in width at
the building setback line for two-family dwellings);
ISO feet for townhouses and multiple family projects.
3. Lot Depth: ISS feet.
4. Maximum Lot Coverage: 3S%
S. Setbacks:
A. Front yard: 2S feet.
B. Rear yard: 2S feet.
.C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: three stories/40 feet.
_B. Accessory Structure: one story/IS feet.
SECTION 9. STANDARDS FOR CONDITIONAL USES IN
AGRICULTURAL AND RESIDENTIAL DISTRICTS
S-9-1 In addition to the standards required by 3-2-3, the following standards
shall apply to the conditional uses listed below:
I. Bed and Breakfast Establishment '
A. Two (2) off-street parking spaces plus one (I) additional space
per rental room must be provided;
B. There shall be no more than one employee in addition to the
residents;
C. Establishment must be owner occupied;
D. There shall be S or less rooms for rent; and
E. The rooms shall not be rented for more than 7 consecutive days
to the same person(s). '
2. Group Homes for 7.16 Persons
A. The structure must be in compliance with the state licensing
requirement;
B. The structure must be in compliance with local building and
fire codes;
C. The site will be reviewed annually through a public hearing pro-
cess; and
D. Septic systems must be in compliance with Ordinance No. lOB,
Individual Sewage Treatment Systems. '
3. Commercial Kennels, Stables and Riding Academies
A. The structure must be in compliance with Horse Ordinance No.
S6;
B. The site must be located on a collector street; and
C. The structure must be a minimum of 200 feet from wetland
area.
4. Contractor's Yard
A. Five acre minimum lot size;
B. All storage and yard areas as well as buildings must be set back
100 feet from public or private road right-of,ways and SOO feet
from an adjacent single family residence;
C. The site must be located along a collector or minor arterial as
identified in the comprehensive plan;
D. All outdoor storage areas must be completely screened by 100%
opaque fencing or berming;
E. No two contractor's yards shall be located within one mile of
each other;
F. Hours of oper,ation shall be from 7 o'clock a.m. to 6 o'clock
p.m., Monday through Saturday only (work on Sundays and
holidays not permitted);
G. 'Light sources shall be shielded; and
H. No outside speaker systems.
S. Commercial Communication Transmission Tower
A. Transmission towers not designed to collapse progressively shall
be set back from all property lines a minimum distance equal
to the height of the tower.
6. Wholesale Nursery
A. The site must be on a collector street or minor arterial as iden-
tified in the comprehensive plan;
B. Five acre minimum lot size;
C. All storage and yard areas as well as bulildings must be set back
100 feet from public or private road right-of-ways and SOO feet
from an adjacent single family residence;
D. The site must be located along a collector or minor arterial as
identified in the comprehensive plan;
E. All outdoor storage areas must be completely screened by 100%
opaque fencing or berming;
F. Hours of operation shall be from 7 o'clock a.m. to 6 o'clock
p.m., Monday through Saturday only (work on Sundays and
holiday.s not permitted); ,
,If
G. Light sources shall be shielded: and
H. No outside speaker systems.
7. Churches
A. The site shall be located on a collector or arterial roadway as
identified in the comprehensive plan or located so that access
can be provided without conducting traffic through residen-
tial concentration:
B. The structure must be set back 50 feet from all property lines;
C. Parking areas shall be set back 25 feet from streets and
nonresidential property and 30 feet.
D. No more than 70 percent of the site is to be covered with im-
pervius surface and the remainder is to be suitably landscaped
in conformance with Article VIII.
E. Churches outside the MUSA line must provide the following
for review:
I) Location of two (2) drain field sites.
2) Two (2) soil borings on each drainfield site for a total of
four (4) soil borings.
3) No percolation tests for drainfield sites where the land sloPe
is between zero and 12"10.
4) One (1) percolation test per drain field site where the land
slope is between 13"10 and 25"10.
'5) Areas where the land slope exceeds 25"10 shall not be con-
sidered as a potential soil treatment site.
6) The sewage treatment system must be in conformance with
Ordinance 10-B.
7) School and daycare uses accessory to the church use are
not permitted unless approved by the City Council.
8. Private Stables
A. Compliance with Horse Ordinance No. 56; and
B. Stables must be located a minimum of 200 feet from wetland
area.
9. State Licensed Day Care Centers
A. Site shall have loading and drop off points designed to avoid
interfering with traffic and pedestrian movements;
B. Outdoor play areas shall be located and designed in a manner
which mitigates visual and noise impacts on adjoining residen-
tial areas; and
C. Shall obtain all applicable state, county, and city licenses.
10. Hospitals - Health Care Facilities .
A. Site shall have direct access to collector or arterial street, as
defined in the Comprehensive Plan;
B. Emergency vehicle access shall not be adjacent to or located
across a street from any residential use.
11. Recreational beach lots provided the following minimum standards
iue met in addition to such other conditions as may be prescribed
in the permit:
A. Recreational beach lots shall have at least 200. feet of lake
frontage. .
B. No siructure, pro table chemical toilet, ice fishing house,
camper, trailer, tent, recreational vehicle or shelter shall be
erected, maintained or stored upon any recreational beach lot.
C. No boat, trailer, motor vehicle, including but not limited to
cars, trucks, motorcycles, motorized mini-bike, all-terrain ve-
hicle or snowmobile shall be driven upon or parked upon any
recreational beach lot.
D. No recreational beach lot shall be used for overnight camping.
E. Boat launches are prohibited.
F. No recreational beach lot shall be used for purposes of over.
night storage or overnight mooring of more than three (3)
motorized or non-motorized watercraft per dock. If a recrea-
tional beach lot if'allowed more than one dock, however, the
allowed number of boats may be clustered. Up to three (3) sail
boat moorings shall also be allowed. Canoes, windsurfers, sail
boards, and small sail boats may be stored overnight on any
recreational beach lot if they are stored on racks specifically
designed for that purpose. No more than one (I) rack shall be
allowed per dock. No more than six (6) watercraft may be stored
on a rack. DOCking of other watercraft or seaplanes is permissi-
ble at any time other than overnight.
G. No dock shall be permitted on any recreational beach lot unless
it has at least 200 feet of lake frontage and the lot has at least
a 100 foot dePth. No more than one dock may be erected on
a recreational beach lot for every 200 feet of lake frontage. In
addition, 30,000 square feet of land is required for the first dock
aDd an additional 20,000 square feet is required for each addi-
tional dock. No more than three (3) docks, however, shall be
erected on a recreational beach lot. ,
H. No recreational beach lot dock shall exceed six (6) feet in width,
and no such dock shall exceed the greater of the following
lengths: (a) fifty (SO) feet of, (b) the minimum straight-line
distance necessary to reach a water depth of four (4) feet. The
. width (but not the length) of the cross-bar of any "T" or "L n
shaped dock shall be included in the computation of length
described in the preceding sentence. The cross-bar of any such
dock shall not measure in excess of twenty-five (25) feet in
length.
I. No dock shall encroach upon any dock set-back zone, provid-.
ed, however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set.back zone
appurtenant to the abutting lakeshore sites, if the common dock
is the only dock on the two Iakeshore sites and if the dock other-
wise conforms with the provisions of this Ordinance.
J. No sail boat mooring shall be permitted on any recreational
beach lot unless it has at least 200 feet of lake frontage. No
more thlm one sail boat mooring shall be allowed for every 200
feet of lake frontage. .
K. At least eighty percent (80"10) of the dwelling units, which have
appurtenant rights of access to any recreational beach lot, shall
be located within at least one thousand (1,000) feet of the recrea-
tional beach lot.
L. An recreational beach lots, including any recreational beach
lots established prior to the effective date of this Ordinance may
be used for swimming beach purposes, but only if swimming
areas are clearly delineated with marker buoys which conform
to United States Coast Guard standards.
M. Each recreational beach lot shall have a width, measured both
at the ordinary high water mark and at a point one hundred
(100) feet landward from the ordinary high water mark, of not
less than four (4) lineal feet for each dwelling unit which has
appurtenant rights of access to the recreational beach lot ac-
cruing to the owners or occupants of that dwelling unit under
applicable niles of the homeowner association or residential
housing developers.
N. Overnight docking, mooring, and storage of watercraft, where
allowed, is restricted to watercraft owned by the owner/occu-
pant or renter/occupant of homes which have appurtenant right
of access to the recreational beach lot.
0.. The placement of docks, buoys, diving ramps, boat racks, and
other structures shall be indicated on a site plan approved by
the City Council. .
13. Electrical substations subject to the following conditions:
. A. The substation must be served by a collector or major arterial
street as designated in the Comprehensive Plan.
B. The substation will not have sanitary facilities and will not be
used for habitation.
C. Thesubstantion will be located on at least five (5) acres of .
property,
D. A six (6) foot high security fence surround the substation.
E. A landscaping plan be submitted for City approval.
F. Substations shall be a minimum of SOO feet from sillgle family
residences.
SECTION 10. "BN" NEIGHBORHOOD BUSINESS DISTRICT
5-10-1 INTENT. Limited low intensity neighborhood retail and service
.establishments to meet daily needs of residents.
5-10-2 The following uses are permitted in a "BN" district:
1. Convenience stores without gas pumps
'2. Neighborhood oriented retail shops
3. Self-service laundries
4. Dry cleaning and laundry pick-up stations
5. Day care center
6. Personal service establishments
7. Professional offices
8. Small appliance and shoe repair shops
9. Health services'
10. Veterinary clinics
II. Utility services
12. Shopping center
13, Private clubs and lodges
14. Community center ,
5.10-3 The following are permitted accessory uses in a "BN" district:
1. Parking lots
2. Car wash (when accessory to automotive service station)
.3. Signs
5-10-4 The following are conditional uses in a "BN" district:
I. Convenience store with gas pumps
,2. Automotive service stations
3. Drive-in banks including automated kiosks
4. Temporary outdoor display of merchandise for sale
S. Standard restaurants
6. Bed and breakfast establishments
S-10-5 Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "BN" District subject to additional requirements,
exceptions and modifications set foith in this Ordinance.
1. Minimum District Area in Acres: three (3). This requirement may
be waived if expansion .of existing district.
2. Minimum Lot Area: IS,OOO square feet.
3. Minimum Lot Frontage: 75 feet (except lots fronting on a cul-de-
sac shall have a minimum 60 foot frontage in all districts.)
4. Minimum Lot Depth: ISO feet.
S. Maximum lorcoverage, including an structures and paved surfaces
shall be 6S"10. ,
6. Setbacks. Off-street parking areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
no side yard shall be required when adjoining commercial uses
establish joint off-street parking facilities, as provided in Section
7-1.7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be 50 feet for lots
directly abuttlog any Residential District. Side streets side yards shall
be a minimum of 2S feet.
A. Front yard: 35 feet.
B. Rear yard: 30 feet. .
C. Side yard: IS feet.
7. Maximum Height:
A. Principal Structure: one story.
B. Accessory Structure: one story.
SECTION II. "BH" HlGHWA YAND BUSINESS SERVICES DISTRICT
5-11-1 INTENT. Highway oriented commercial development restricted to a low
building profile.
5-11-2 The following uses are permitted in a "BH" district:
1. Financial institutions
2. Fast food restaurant
3. Automotive service stations
4. Standard restaurants
5. Motels and hotels
6. Offices
7. Retail shops
8. Miniature golf
9. State licensed day care center
10. Car wash
II. Convenience store with or without gas pumps
12. Personal service establishment
13. Liquor stores
14. Health services
15. Utility services
16. Shopping center
17. Private clubs and lodges
18. Community center
19. Funeral homes
5-11-3 The following are permitted accessory uses in a "BH" district:
\. Signs
2. Parking lots
5-11-4 The following are conditional uses in a "BH" district:
1. Outdoor display of merchandise for sale
2. Supermarkets
3. Small vehicle sales
4. Screened outdoor storage
S-II.S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "BH" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
\. Minimum District Area in Acres: ten (10). (May be waived by con.
ditional user permit if expansion of existing district.)
2. Minimum Lot Area: 20,000 square feet.
3. Minimum Lot Frontage: 100 feet (except lots fronting on a cul-de.
sac shall have a minimum 60 foot frontage in all districts).
4. Minimum Lot Depth: ISO 'feet.
S. Setbacks. Off-street parking areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for. lots directly abutting railroad trackage; and,
no side yard shall be required when adjoining commercial uses
establish joint off-street parking facilities, as provided in Section
7-1-7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be 50 feet for lots
directly abutting any Residential District. Side street side yards shall
be a minimum of 2S feet.
A. Front yard: 25 feet.
B. Rear yard: 20 feet.
C. Side yard: 10 feet.
6. Maximum Lot Coverage: 6S"10
7. Maximum Height:
A. Principal Structure: two stories
B. Accessory Structure: one story.
SECTION 12. "CBD" CENTRAL BUSINESS DISTRICT
S-12-1 INTENT. Downtown business develQpment supporting a strong central
business district while enhancing the overall character of the communi-
ty in conformance with downtown redevelopment plan, goals and
objectives.
S-12-2 The following uses are permitted in a "CBD" district:
1. Bowling center
2. Retail shops
3: Offices
4. Standard restaurants
5. Liquor stores
6. Entertainment
7. Convention and conference facilities
8. Financial institutions
9. Health care facilities
10. Hotels
11. Specialty retail (including but not limited to jewelry, book, sta-
tionery, bible, camera, pets, arts and crafts, sporting goods)
12. Supermarkets
13. State licensed day care center as part of shopping center
14. Personal service establishments
IS. Shopping center
16. Health and recreation clubs
17. Fast food restaurants as part of shopping center
18. Utility services
19. Personal services_
20. Apparel sales
21. Bars and taverns
22. Qubs and lodges
23. Convenience stores without gas pumps
24. Cultural facilities
2S. Department stores
26. Home furnishings
27. Newspaper offices
28. Multiple family dwellings, including senior citizen housing
29. Print shops
30. Community.center
.31. Hardware goods
5-12-3 The following are permitted accessory uses in a "CBD" district:
1. Parking lots and ramps
2. Signs
S-12-4 The following are conditional uses in a "CBD" district:
1. Temporary outdoor display of merchandise for sale
2. FreestandlIig fast food restaurants
3. Farmer's Market
4, Convenience store with gas pumps
S-I2-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "CBD" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
.'f""
Ch~Ilhassen Zoning Ordlnance Page Five'
1. Minimum .Lot Area: 10,000 square feet.
2. Minimum Lot Frontage: 100 feet (exCept lots fronting on a cul-de-
sac shall have a minimum 60 foot frontage in all districts).
3. Minimum Lot Depth: 100 feet.
4. No maximum lot coverage.
5. Setbacks. There are no minimum requirements for front; rear or
side yard.
6. There are no maximum height requirements for principal or ac.
cessory structures.
SECTION 13. "BG" GENERAL BUSINESS DISTRICT
S-I3-1 INTENT. Downtown fringe commercial development identified as the
least restricted business district.
S-13-2 The following uses are permitted in a "BG" district:
1. Bowling center
2. Day care center
3. Convenience stores with or without gas pumps
4. Standard restaurants
S. Entertainment
6. Apparel sales
7. Personal services
8. Health and recreation clubs
9. Specialty retail (including but not limited to jewelry, book, sta-
tionery, bible, camera, pets, arts and crafts, sporting goods)
10. Small appliance and similar repair shops
I\. Funeral homes
12. Financial institutions, including drive-in service
13. Newspaper and small printing offices
14. Private clubs and lodges
IS. Miniature golf
16. Veterinary clinic
17. Animal hospital
18. Offices
19. Health care facilities
20. Motels
21. Supermarkets
22. Home improvement trades building supply centers
23. Garden centers
24. Utility services
2S. Bars and taverns
26. Fast food restaurants
27. Automotive service stations
28. Community center
29. Senior citizen housing
5-13-3 The following are permitted accessory uses in a "BG" district:
1. Parking lots .
2. Signs
5-13-4 The following are conditional uses in a "BG" district: ,
1. Outdoor display of merchandis.e for sale or rent
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
S-13-S Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "BG" District subject to additional requirements;
exceptions and modifications set forth .in this Ordinance. ,
1. Minimum. Lot Area: 20,000 square feet.
2. Minimum Lot Frontage: 100 feet (except lots fronting on a cul-de-
sac shall have a minimum 60 foot frontage in all districts).
3. Minimum Lot Depth: ISO feet.
4. Maximum lot coverage: 70"10.
5. Setbacks. Off-street parking areas shall comply with all yard reo
quirements of this section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
no side yard shan be required when adjoining commercial uses
establish joint off-street parking facilities, as provided in Section
7-1-7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be 50 feet for lots
directly abutting any Residential District. Side street side yards shall
be. a minimum of 25 feet.
A. Front yard: 25 feet.
B. Rear yard: 2S feet.
C. Side )'lIrd:IO feet.
6. Maximum Height:
A. Principal Structu~e: three stories/4O feet
B. Accessory Structure: two stories
SECTION 14. "BF" FRINGE BUSINESS DISTRICT
S-I4-IINTENT. Accommodate limited commercial uses without urban
services.
5-14-2 The folowing are conditional uses in a "BF" district:
I. Automotive service station without car washes
2. Truck/Trailer rental
3. Utility services
4. Outdoor display of merchandise for sale
5. Cold storage and warehousing
5-14-3 The following are permitted accessory uses in a "BF" district:
1. Parking lots
2. Signs
5-14-4 Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "BF" District subject to additional requirements,
exceptions and modifi~tions set forth in this Ordinance.
1. Minimum Lot Area: 20,000 square feet.
2. Minimum Lot Frontage: 100 feet (except lots fronting on a cul-de-
sac shall have a minimum 60 foot frontage in all districts).
3. Minimum Lot Depth: 150 feet.
4. Maximum Lot Coverage: 40"10.
5. Setbacks. Off-street parkinll areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
no side yard shall be required when adjoining commercial uses
establish joint off-street par,king facilities, as provided in Section
7.\-7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be 50 feet for lots
directly abutting any Residential District. Side street side yards shall
be Ii minimum of 25 feet in all districts.
A. Front yard: 25 feet.
B. Rear yard:.2O feet.
C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: one story
B. Accessory Structure: one story.
SECTION 15. "01" OFFICE AND INSTITUTIONAL DISTRICT
5-15-1 INTENT. Public or quasi-public nonprofit uses and professional,
business and administrative offices.
5-IS-2 The following uses are permitted in an "01" district:
I. Schools
2. Churches
3. Public buildings
4. Post office
5. Fire station
6. Library
7. Museum
8. Health services/hospitals
9. Nursing homes
10. Community center
11. Public recreational facilities
12. Utility services
.13. Professional, business, and administrative offices
14. Funeral homes
5-IS-3 The fonowing are permitted accessory uses in an "01" district:
1. Parking lots
2. Signs
S-I S-4 The follQwing are conditional uses in the "01" district:
1. Adaptive reuse of vacant public or private school buildings for
private business uses.
5-15-5 Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "01" District subject to additional requirements,
exceptions and modifications set forth in this Ordinance.
1. Minimum Lot Area: 15,000 square feet.
2. Minimum Lot Frontage: 75 feet (except lots fronting on a cul-de-
sac shan have a minimum 60 foot frontage).
3. . Minimum Lot Depth: ISO feet.
4. Maximum lot coverage: 65"10
5. Setbacks. Off-street parking areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
Page Six Chanhassen Zoning Ordinance
no side yaid, shall be required when adjoining commercial uses '
establish joint off-street parking fal:ilities, as provided in Section
7-1-7, except that no parking areas shall lie permitted in any required
side ,street side yaid. Minimum rear yard shall be 50 feet for lotS
directly abutting any Residential District. Side street side yards shall
be a minimum of 25 feet.
A. Front yard: 35 feet.
B. Rear yard: 30 feet.
C.Side yaid: IS feet.
6. Maximum Height:
A. Principal Structure: two stories
B. Accessory Structure: one story.
SEcrlON 16. "lOP" INDUSTRIAL OFFICE PARK DISTRICT
5-16-1 INTENT. Area identified for large scale light industrial and commer-
cial planned development. '
5-16-2 The following uses are permitted in an "lOP" district:
1. Offices '
2. Warehouses
3. Light manufacturing
4. Trade shops
5. Health services
6. Printers
7. Indoor health and recreation clubs
S. Body shops
9. Utility services
10. Recording studios
II. Off.premises parking lots
12. Conference/Convention centers
5.16-3 The following are permitted accessory uses in an "lOP", district:
1. Parking lots and ramps
2. Signs
3. Retail sales of producis stored or manufactured on the site provid-
ed no more than 20"!0, of the floor space is used for retail sales
5-16-4 The following are conditional uses in an "lOP" district:
I. Concrete mixing plants
2. Communication transmissio.n towers
3. Public buildings
4. Motor freight terminals
5. Outdoor health and recreation clubs
6. Screened outdoor storage
7. Research laboratories
S. Contracting yards
9. Lumber yards
10. Home improvement trades
II. Hotels and motels
'12. Food processing
5.16-5 Lot Requirements and Setbacks. The following minimum requirements
shall be observed in a "lOP" District subject to additional requirements,
exceptions and modifications set forth.in this Ordinance.
1. Minimum Lot Area: one acres. '
2. Minimum Lot Frontage: .ISO feet (except lots fronting on a cul-de-
sac shall have a minimum 60 foot frontage).
3. Minimum Lot Depth: 200 feet.
4. Maximum lot coverage: 700/0.
5. Setbacks. Off-street'parking areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
no side yard' shall be required when adjoining commercial uses,
establish joint off-street parking facilities, as provided in Section
7-1-7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be 50 feet for lots
directly abutting any Residential District. Side street side yards shall
be a minimum of 25 feet in all districts.
A. Front yard: 30 feet. '
B. Rear yard: 10 feet.
C. Side yard: 10 feet.
6. Maximum Height:
A. Principal Structure: four stories/50 feet.
B. Accessory Structure: one story.
SECTION 17. STANDARDS FOR CONDITIONAL USES IN THE
BUSINESS, OFFICE, INSTITUTIONAL, AND
INDUSTRIAL DISTRICTS
5.17.1 In addition to the standards reQuired by 3.2.3, the following standards
shall apply to the conditional uses listed below:
1. Automotive Service Stations
A. No unlicensed or inoperable vehicles shall be stored on premises
except in appropriately designed' and screened storage areas;
B. 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; ,
C. No public address system shall be audible from any residential
parcel;
D. Stacking areas deemed to be appropriate by the city shall meet
parking setback requirements; and
E. No sales, storage or display of used automobiles or other
vehicles such as motorcycles, snowmobiles, or all-terrain
vehicles;
F. Disposal of waste' oil shall comply with PCA regulations.
2. Adaptive reuse of surplus or vacant public or private buildings for
private business uses.. subject to the following criteria:
A. Only non-retail business uses shall be permitted and all such
uses shall be conducted only within an existing building; no out-
door storage or other outdoor business activities shall be per-
miited on the property except acc~sory parking and loading,
, and the use of the premises for recreational activities for which
such facilities are designed.
B. Exterior alteration, except for approved signage, which in-
dicates from the exterior that the building is being utilized for
other than educational purposes shall be prohibited.
C. No noxious or offensive trades, services or activities shall be
conducted Within the building nor shall anything be done on
any site which may be or ,become an ,annoyance or nuisance
to the adjoining neighborhood by reason of unsightliness or
excessive emission of odors, fumes, smoke, vibration, dirt, dust,
glare, wastes or noise. '
D. Business identification signage shall be limited to one business
directory.type sign which identifies only the names of businesses
located within the building. ,
E. Off-street parking spaces and loading facilities shall be provided
for each use in a manner consistent with the minimum parking
. and loading requirements of this Ordinance for each specific
use. In no case shall any existing parking or loading area be
enlarged unless specifically approved by the issuance of a Con-
ditional Use Permit.
3. Banks - Drive-Through. Drive.through facilities and stacking areas
shall be subject tO'the following requirements:
A. Shall not be located adjacent to any residential lot lines;
B. Shall be provided with a suitable visual screen from adjacent
properties; and
C. Stacking for six cars per aisle shall be provided within applicable
parking lot setbacks. '
4. Bed and Breakfast Establishment
A. Two (2) off-street parking spaces plus one (I) additional space
per rental room must be provided:
B. There shall be no more than one employee in addition to the
residents;
C.' Establishment must be owner occupied;
D. There shall be 5 or less rooms for rent; and
E. The rooms shall not be rented for more than 7 consecutive days
to the same person(s).
5. Communiction Transmission Tower.' Transmission towers not
designed to collapse progressively shall be set back from all proper-
ty lines a minimum distance equal to the height of the tower.
6. Convenience Store with Gas Pumps
A. No unlicensed or inoperable vehicles shall be stored on
premises;
B. No repair, assembly or disassembly of vehicles;'
C. No pul?lic address system shall be audible from any residential
parcel; ,
D. Gas pump stacking area deemed to be appropriate by the city
shall not intrude into any required setback area; and
E. No sales, storage or display of used automobiles or other
vehicles such as motorcycles, ,snowmobiles, or all-terrain
vehicles .
7. Restaurants - Fast Food
A. Site shall be located only on sites having direct access to minor C. In any PUD, no clear cutting of woodland areas shall be per. ,
arterial streets, collectors or service roads; mitted. Shade trees of six inches or more caliper shall be saved
B. Public address system shall not be audible from any residen- unless it can be demonsti'ated that there is no other feasible way
Hal parcel; to develop the site. The Council may require replacement 'of
C. Stacking areas for drive-through windows shall conform to ap- any removed trees on a caliper inch per callper inch basis. At
propriate parking setbacks; 'and least one tree per, lot shall be incorporated into the plan, such
D. Building shall be set back at least 100 feet and screened from tree shall be a minimum of 2 caliper inches. Coniferous trees
8.!1y adjacent property designated for residential use in the Com- shall be a minimum of 6 feet in height. This is not to preclude
prehensiv'e Plan. the removal of diseased or dead trees.
S. Restaurants - Standard 5-1S-4 COORDINATION WITH SUBDIVISION REGULATIONS. Subdivi-
A. Shall not be permitted within 100 feet of any residential parcel. sion review under the subdivision regulations shall be carried out
9. Temporary Outdoor Display of Merchandise for Sale simultaneously with the review of a PUD. The plans required under this
A. Length of display will be determined by the City Council; chapter shall be submitted in addition to or in a form which will satisfy
B. Screening.shall be provided from residential and office business the requirements of the subdivision'ordinance for the preliminary and
property; final plat.
C. No public address system shall be audible from any residential 5-IS-5 CONTROL OF PLANNED UNIT DEVELOPMENT DURING CON-
property; STRUcrlON AND FOLLOWING' COMPLETION.
D. Site shall be kept in a neat and orderly fashion; I. The use of the land and the construction, modification or altera-
E. No uses shall be permitted in required parking or building set- tion of any buildings or structures shall be governed by the final
back areas; and development plan.
F. Display shall not be permitted within 100 feet of any residen- 2. After the certi.ficate of occupancy has been issued, no changes shall
tial parcel. be made in t1ie approved final development plan except:
10. Truck, Auto or Boat Sales A. Any minor extensions, alterations or modifications of existing
A. No vehicles which are unlicensed and inoperative shall be stored buildings or structures may be authorized by the City Planner
on the premises: if they are consistent with the purposes and intent of the final
B. All repair, assembly, disassembly or maintenance of vehicles plan. No change authorized by this section may increase the
shall occur within a closed building except minor maintenance, bulk of any building or, structure by more than ten percent
including, but not limited to, tire inflation, adding oil and wiper (10%).
replacement; B. Any building or structure that is totally or substantially
C. No outside storage or display except vehicles for sale or rent; destroyed may be reconstructed only in compliance with the
D. No public address syst~m shall be audible from any residential final development plan unless an amendment to the final
property; ,development plan is approved.
E. Parking setback shall be applicable for car or truck storage or C. Changes in uses, any rearrangement of. lots, blocks and building
waiting areas; tracts, changes in the provision of common open spaces, and
F. No test driving of vehicles on local residential streets; all other changes to the approved final development plan may
G. Shall maintain a landscaped buffer 100 feet from any residen, be made only after a public hearing conducted by the Planning
tial zoning district; and Commission and upon final approval by the City Council. Any
- H. All vehicle dealers shall be licensed by the state. changes shall be recorded as amendments to the final develop-
SEcrlON IS. PLANNED UNIT DEVELOPMENT DISTRICT (PUD) ment plan.
5-IS-1 INTENT. Planned unit developments are to provide for and encourage 3. If in the opinion of the City, development has not progressed
creative site planning and subdivisions of high quality through the use of: reasonably well according to the approved schedule, the developer
1. Variety. Within a comprehensive site design concept a mixture of shall be required to submit a statement to the City setting forth
land uses, housing types, and densities. reasons for the lack of progress. The Planning Commission may in-
2. Sensitivity. Through the departure from the strict application of re- itiate rezoning to eliminate the PUD zoning classification if it finds
quired setbacks, yard areas, lot sizes, and other minimum re- that the development has not occurred according to the adopted
quirements, and performance standards associated with traditional schedule, it shall not be necessary for the City Council to find that
zoning, planned unit developments can maximize the development the rezoning to a PUD was in error.
potential of land while remaining sensitive to its unique and valuable 4. The construction and provision of all of the common open space
natural characteristics. ' and public'improvements and recreational facilities which are shown
3. Efficiency. The more efficient use of land and public services, con- on the final development plan must proceed at the same rate as the
solidation of areas' for recreation reductions in street lengths and ' construction of dwelling units or other private facilities.
, . 5-IS.6 PROCEDURE FOR PROCESSING A PLANNED UNIT
DEVELOPMENT:
I. Preapplication Conference. Prior to ftling'an application for PUD,
the applicant shall attend a conference with the City. The primary
purpose of the conference shall be to provide the applicant with an
opportunity to gather information and obtain guidance on the
general merits of the proposal and its conformity to the provisions
of this Ordinance before incurring substantial expense.
2. General Concept Plan:
A. The General Concept Plan prov,ides an opportunity for the ap-
plicant to submit a plan to the City showing the basic intent
and the general nature of the entire development without in-
curring substantial cost. The plan shall include the following:
I) Overall gross and net density.
2) Identification of each lot size and lot width.
3) General location of major streets and pedestrian ways.
4) General location and extent of public and common open
space.
5) General location and type of land uses and intensities of
development.
6) Staging and time schedule for development.
7) The tentative written consent of all property owners within
the proposed PUD shall be filed with the City before the
staff commences review. Approval of the concept statement
shall not obligate the City to approve the final plan or any
part thereof or to rezone the property to a planned unit
development district. The final acceptance of land uses is
. subject to'the following procedures.
B. Schedule.
I) Developer meets with the City staff to discuss the propos-
ed developments.
2) The applicant shall file the concept stage application and
concept plan, together with all supporting data.
3) The Planning Commission shall conduct a hearing and
report its findings and make recommendations to the City
Council. Notice of the hearing shall consist of a legal pro-
perty description, description of request, and be publiShed
in the official newspaper at least ten (10) days prior to the
hearing, written notification of the hearing shall be mailed
at least ten (10) days prior thereto to owners of land within
five hundred (500) feet of the boundary of the property and
an on-site notification sign erected.
4) Following the receipt of the report and recommendations
from the Planning Commission the City Council shall con.
sider the proposal. If the Planning Commission fails to
make a report within sixty (60) days after receipt of the ap- ,
plication', then the City Council may proceed without the
report. The Council may approve the concept plan and at-
tach such conditions as it deems reasonable. Approval shall
require a 4/5 vote of the entire Council.
3. Development Stage. Foll'1wing general concept approval, the appli-
cant shall submit the development stage application, preliminary plat
and fee. If appropriate because of the limited scale of the proposal,
the concept stage and preliminary plan stages may proceed
simultaneously.
A. The applicant shall file the development plans and preliminary
plat, together with all supporting data.
B. With the appropriate notifications, the Planning Commission
shall conduct the hearing onthe preliminary plat and the rezon-
ing and report its findings and make recommendations to the
City Council for their action. '
C. The Development Stage shall include but not be limited to:
I) A preliminary plat and information required by the City
subdivision ordinance. '
2) Approved development plan drawn to a scale ,of not less
than one (I) inch equals one hundred (100) feet containing
at least the following information:
a) Proposed name of the development.
b) Property boundary lines and dimensions of the proper-
ty and any significant topographical or physical
features of the property.
c) The location, size, use and arrangement including
height in stories and feet and total square feet of ground
area coverage and floor area of proposed buildings, and
existing buildings which will remain, if any. .
d) Location, dimensions of all driveways, entrances, curb
cuts, parking stalls, loading spaces and access aisles,
and all other circulation elements including bike and
pedestrian; and the total site coverage of all circula.
tion elements.
e) Location, designation and total area proposed to be
conveyed or dedicated for private and public open
space, including parks, playgrounds, school sites and
recreational facilities.
f) Th~ location, use and size of structures and other land
uses located within 200 feet of the property boundary.
g) A natural resource analysis identifying existing vegeta-
tion areas consisting of forest and wood lots as well
as wetlands and wetlands vegetation; the geology,
slope, soil and groundwater characteristics of the site;
existing lakes, streams, ponds, drainage swales, runoff
settling areas, and flood plains must, be identified;
analysis of the relationship of the proposed use of the
existing natural conditions listed above.
Also, a proposed landscaping plan, including location
other utility related expenses.
4. Density. An increase/transfer for density may be allowed at the sole
discretion of the City utilizing the following factors:
A. The area where the density is transferred must be within the
, project area and owned by the proponent.
B. Density transfer in single family detached area will be evaluated
using the items listed in Section IS-3 (A). Density transfer eligi-
ble for multiple family areas are not permitted to be applied
to single family areas.
C. Density transfer for other projects other than, single family
detached development shall be evaluated based on the standards
in Section IS-3 (B).
D. In no case shall the overall density of the development exceed
the gross density ranges identified in the Comprehensive Plan.
5. District Integration. The combination of uses which are allowed in
separate zoning districts, such as:
A. Mixed residential allowing both densities and unit types to be
varied within the project.
B. Mixed residential with increased density acknowledging the
. greater sensitivity of PUD projects. .
C. Mixed land uses with the integration of compatible land uses
within the project. ' ,
6. Parks and Open Space. The creation of public open space may be
required by the City. Such park and open space shall be consistent
with the Comprehensive Plan and overall trail plan.
5-IS-2 ALLOWED USES. A POD may include only those uses consistent with
the general land use category for the area on the official Comprehen-
sive Plan. Specific uses and performance standards for each PUD shall
be delineated in a development plan.
5-IS-3 REQUIRED STANDARDS. The City shall consider the proposed PUD
from the point of view of all standards an~ purposes of the Comprehen-
sive Land Use Plan to coordinate between the proposed development
and the surrounding uses. The City shall 'consider the location of
buildings, compatibility, parking areas and other features with respect
to the topography of the area and ex1sting natural features; the efficiency,
adequacy and safety of the proposed layout of streets; the adequacy and
location of green areas; the adequacy, location and screening of non-
compatible'land uses and parking areas.
A. In developments where single family detached areas are pro-
'posed. the following standards shall apply:
1. The average lot size may be reduced below 15,000 square
feet if in the opinion of city staff, commission and coun-
cil, the plan includes features desirable to the City. A max-
imum reduction of up to 10% below 15,000 square feet may
be granted if the proposal contains Items in the list below
or proposes other features which are also above and beyond
standard development requirements. In no case, however,
shall the average lot size fall below 13,500 square feet or
the minimum lot size fall below 12,000 square feet.
ITEMS
Housing variety including differentiation in housing types,
housing exteriors 'and floor plans. ,
.Preservation of natural site features, wetlands, lowlands,
wooded areas, etc. not protected by the DNR or City
Ordinances.
Creation of park/public areas for active and passive park
use or other public purposes such as schools, public
buildings, etc. which meet the intent of the Park and
Recreation Chapter of the Comprehensive Plan.
Installation of public improvements designed to serve areas
beyond the project boundary.
Installation of off-street pedestrian ways. ,
A reasonable number of available lots are designed' for
solar/energy conservation housing.
Landscaping plan showing additional boulevard trees, rear
yard treatments, buffering from existing developments,
etc., beyond required standards.
Preservation of historically significant sites;
Other features deemed appropriate by the City Council.
.Wetlands already protected by the Department of Natural
ResourceS'of the City's Wetland Ordinance will not be con-
sidered for density transfer.
2. The minimum single family detached lot width is SO feet
at the building setback line.
3. 50'70 of the single family lots must contain at least 15,000
square feet.
4. In calculation of the average'lot size, each lot size in excess
of 20,000 square feet shall be calculated to contain only
20,000 square feet.
S. Lot sizes adjacent to existing developments shall approx-
imate in lot size and lot width.
B. In development where uses other than single family detached
structures are proposed, the City may consider a density transfer
upon proof by the applicant that some of the following features
are being provided: ,preservation of natural site features,
wetlands, lowlands, wooded areas, etc. not protected by the
DNR or City ordinances; creation of park/public areas for ac-
tive park use or other public purpose such as schools, public
buildings, etc. which meet the intent of the Park and Recrea-
tion Chapter of the Comprehensive Plan; installation of public
improvement designed to serve areas beyond the project boun-
dary; installation of off.street pedestrian ways; structure design
conducive to solar energy features; landscaping plan showing
additional boulevard trees, rear yard treatments, buffering from
existing developments, etc., beyond required standards.
of existing plants, identification of species, caliper size
and acreage. ,
h) LOcation, type and size of all graphics and signage.
i) Any other information that may Jlave been required by
the Planning Commission or Council in conjunction
with the approval of the general concept plan.
3) An accurate legal description of the entire area within the
PUD for which fmal development plan approval is sought.
4) A tabulation indicating the number of residential dwelling
units and expected population.
5) A tabulation indicating the gross square footage, if any,
of commercial and industrial floor space by type of activity.
6) Preliminary architectural "typical" plans indicating use,
floor plan, elevations and exterior wall fmishes of propos-
ed building, includirig'manufactured homes.
7) Preliminary grading and site alteration plan illustrating
changes to existing topography and natural site vegetation.
The plan should clearly reflect the site treatment and its
conformance with the approved concept plan.
8) A Soil Erosion Control Plan acceptable to watershed
districts, Department of Natural Resources, Soil Con-
serVation Service, or any other agency with review authority
clearly illustrating erosion control measures to be used dur-
ing construction and as permanent measures.
9) Protective covenants and Homeowners Association bylaws.
D. The City may request additional information from the appli-
cant concerning operational factors or retain expert testimony
at the expense of the applicant concerning operational factors.
4. Final Stage. Following preliminary plat approval, the applicant shall
prepare and submit the fmal plat and execute the development con-
tract prepared by the City. If appropriate because of the limited scale
of the proposal, the, preliminary and final plats may proceed
simultaneously., The City Council shall then consider the submis-
sion for fmal approval and rezoning to P.U .0.
SECTION 19. FLOOD PLAIN OVERLAY DISTRICTS
5-19-1 Purpose. A district 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 inient of this district to be ap-
plied 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
floodplajn protection and relief and impairment of the tax base. This
district is created and applied in accordance with Minnesota Statutes,
Chapters 104 and 462.
5-19-2 General Provisions:
5-19-3 This Ordinance shall" apply to all lands in Chanhassen shown on the
Flood Boundary and Floodway Map, Community Panel No.
2700510005B effective July 2, 1979; and Community Panel No.
2700510010B effective date July 2, 1979; and the Flood Insurance Rate
Map, Community Panel No. 2700510005B effective date July 2, 1979;
and Community Panel No. 2700510010B effective date July 2, 1979, as
being located within the boundaries of the F1oodway, Flood Fringe, or
General Floodplain Overlay Districts, copies of which are on file with
the City. '
5-19-4 The Regulatory Flood protection Elevation shall be an elevation no lower
than two feet above the elevation of the regional flood plus any increases
in flood elevation caused by encroachment on the flood plain thai result
from designation of a floodway. .
5-19-5 The boundaries of the zoning districts shall be determined by scaling
distances on the Official Zoning Map. Where interpretation is needed
as to the exact. location of the boundaries of the district as shown on
the Official Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field conditions, the
Board of Adjustment and Appeals' shall make the necessary interpreta-
tion based on elevation on the regional (100 year) flood prome and other
available technical data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present their case
to the City Council and to submit technical evidence.
5-19-6 This Ordinance does not imply that areas outside of flood plain districts
or land uses permitted within such districts will be free from flooding .
or flood damages. This Ordinance shall not create liability on the part
of the City of Chanhassen or any officer or employee thereof for any
flood damages that result from reliance on this Ordinance or any ad-
ministrative decision lawfully made thereunder.
5-19-7 The flood plain areas within the jurisdiction of this Ordinance are hereby
divided into three districts: Floodway (FW), Flood Fringe (FF), General
Flood Plain (GFP), as designated in the following sections. The Flood
Plain District shall be applied to and superimposed (overlayed) upon
all zoning districts. The regulations and requirements imposed by the
Flood Plain District shall be in addition to those established for districts
that jointly apply. The more restrictive requirements shall control.
5 -19-8 The F100dway District and Flood Fringe District shall include those areas
designated as floodway in the flood insurance study. '
5-19-9 General Flood Plain District. The General Flood Plain District shall in-
clude those areas designated as unnumbered A zones on the flood in-
suralice rate map. The boundaries of the foregoing districts shall be
adopted as part of the Official Zoning Map.
SECTION 20. FLOODWAY DISTRICT (FW)
5-20-1 Permitted Uses. The following uses have a low flood damage potential
and do not obstruct flood flows. These uses shall be permitted within
the F100dway District to the extent that they are not prohibited by any
other ordinance or watershed district regulations and provided they do
not require structures, fill, or storage of materials or equipment. In ad-
dition, no use within a f100dway district shall be permitted to adversely
affect the capacity of the channels or f100dways or any tributary to the
mainstream or of ;my drainage ditch, or any other drainage facility or
system.
1. Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming
and wild crop harvesting. ,
2. Industrial-Commercial uses such as loading areas, parking areas and
airport landing strips.
3. Private and public recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launch-
ing ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and single or multiple
purpose recreational trails.
4. Residential uses such as lawns, gardens, parking areas and play areas.
5-20-2 Conditional Uses. The following open space uses require accessory struc-
tures or fill or storage of materials or equipment. These uses may be
permitted in the F100dway District only after the issuance of a Condi-
tional Use Permit as. provided in Section 5-22-4 of this Ordinance.
1. Structures acessory to open space uses.
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 obstruc-
tion to the flow of flood waters.
I) 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 approx-
imately on the same flood flow lines as those of adjoining
structures.
C. Accessory structures shall be flood-proofed in accordance with
the Minnesota State Building Code, 1982 Edition.
2. Placement of fill. ,-
A. Any fill deposited in the f100dway 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.
B. Spoil from dredging or Sand and gravel operations shall not
be deposited in the f100dway unless it can be done in accordance
with (A) of this sub-section.
C. Fill shall be protected from erosion by vegetative cover.
3. Storage of Materials and Equipment. '
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 warniIig. '
4. Structural Works for Flood Control. 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
Statut!=S 1978, Chapter 105.
SECTION 21. FLOOD FRINGE DISTRICT (FF)
5-21-1 Permitted Uses. The following uses shall be permitted within the Flood
Fringe District to the extent that t1iey are not prohibited by any other
ordinance and watershed district regulation.
I. Any use permitted in Section 5-20-1.
2. Structures accessory to a permitted use.
3, Residences and other structures constructed on fill so thai the base- '
ment floor or first floor, if there is no basement, is at or above the
Regulatory Flood Protection Elevation. The finished fill elevation
shall be no lower than tWo (2) feet below the Regulatory Flood Pro-
tection Elevation and shall extend at such elevation at least fifteen
(IS) feet beyond the limits of any structure or building erected
thereon. Fill shall be compacted and the slopes shall be protected
by riprap or vegetative covering.
No use shall be permitted which will adversely affect the capacity
of the channels or floodways of any tributary to the main stream,
or of any drainage ditch, or any other drainage facility or system.
5-21-2 Conditional Uses. Other uses are permitted only upon the issuance of
a Conditional Use Permit subject to the following conditions:
I. Residences. Where existing streets, utilities and small lot sizes
preclude the use of fill, other methods of elevating the first floor
(including basements) above the Regulatory Flood Protection Eleva-
tion may be authorized, provided that the residence is flood-proofed
in accordance with the State Building Code.
2. Residential Basements. Residential basements below the flood pro-
tection elevation may be authorized if they are flood-proofed to FP-I
classification in accordance with the State Building Code. No floor
or portion of a residence below the Regulatory' Flood Protection
Elevation may be used for human occupancy. _
3. Nonresidential Structures. Commercial, manufacturing and in- '
dustrial structures shall ordinarily be elevated on fill so that their
first floor (including basement) is above the Regulatory Flood Pro-
tection 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.f1ood-proofed to FP-I or FP-2 classification as defined by the
State Building Code. Structures flood-proofed to FP-3 or FP-4
classification shall not be permitted.
5-21-3 Standards for Flood Fringe Uses.
I. Residential Uses. Residences that do not have vehicular access at
or above an elevation not more than two feet below the Regulatory
Flood Protection Elevation shall not be permitted unless granted a
variance. In granting a variance the City shall specify limitations
on the period of use or occupancy of the residence.
2. Commercial Uses. Accessory land uses, such as yards, railroad tracks
and parking lots may be ai elevations lower than the Regulatory
Flood Protection ~Ievation. However, a permit for such facilities
to be used by the employees or the general public shall not be granted
in the absence of a flood warning system that provides adequate time
for evacuation if the area would innundate to a depth greater than
two feet or be subject to flood velocities greater than four feet per
second upon occurrence of the regional flood.
3. Manufacturing and Industrial Uses. Measures shall be taken to
minimize interference with nonnal plant operations especially along
streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower elevations sub-
ject to requirements set forth above. In considering permit applica-
tions, due consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
SECTION 22. GENERAL FLOOD PLAIN DISTRICT
5-22-1 Permitted Uses. Permitted uses shall include those uses as permitted by
Section 5-20-1 of this Ordinance.
5-22-2 The General Flood i'lain District includes the entire flood plain and does
not differentiate between those areas which are floodway and those areas
which are flood fringe. Because of this, the City shall determine whether
the proposed use is in the f100dway or flood fringe using procedures
established in Article V, Section 20 and therefore whether it is allowed
or prohibited.
5-22-3 Public Utilities, Railroads. Roads and Bridges:
1. Public Utilities. All public utilities and facilities such as gas, elec-
, trica!, sewer, and water supply systems to be located in a flood plain
shall be flood-proofed in accordance with the State Building Code
or elevated above the Regulatory Flood Protection Elevation.
2. Public Transportation Facilities. Railroad tracks, roads and bridges
to be located within the FIoodway District shall comply with Sec-
tion 5-2-3 of this Ordinance. Elevation to the Regulatory Flood Pro-
tection Elevation shall be provided where failure or interruption of
these transportation facilities would result in danger to the public
safety or where such facilities are essential to the orderly functIon-
ing of the area. Minor or auxiliary roads or railroads may \le con-
structed at a lower elevation where failure or interruption of
transportation services would not endanger the public safety.
5-22-4 Conditional Use Permit:
1. Conditional Use Permit Required. A Conditional Use Permit issued
by the City Council in conformity with the provisions of this Or-
dinance shall be secured prior to the erection, addition or alteration
of any building, structure or portion thereof; prior to the use or
change of use of a building, structure or land; prior to the change
of a nonconforming use; and prior to the placement of fill or ex-
cavation or materials within the flood plain.
2. Application for Use Permit. Application for a Use Permit shall be
made on forms furnished by the City and shall include the follow-
ing where applicable: plans in duplicate drawn to scale, showing the
nature, location, dimensions and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location
, of the foregoing in relation to the stream channel.
3. Certificate of Zoning Compliance for a New, Altered, or Noncon-
forming Use. It shall be unlawful to use, occupy or permit the use
or occupancy of any building until a Certificate of Zoning Com-
pliance shall have been issued by the City stating that the use of the
building or land conforms to the requirements of this Ordinance.
4. Construction and uSe to be as Provided in Applications, Plans, Per-
mits, and Certificate of Zoning Compliance. Conditional Use Per-
mits or Certificate of Zoning Compliance issued on the basis of ap-
proved plans and applications shall authorize only the use, arrange-
ment and construction set forth in such approved plans and applica-
tions and no other use, arrangement or construction shall be per-
mitted. Any use, arrangement or construction at variance with that
authorized shall be deemed violation of this Ordinance. The appli-
cant shall submit certification by a registered land surveyor that the
finished fill and building elevations were completed in compliance
with the provisions of this Ordinance. Flood proofing measures shall
be certified by a registered professional engineer or registered
architect.
SECTION 23. "S" SHORELAND OVERLAY DISTRICT'
5-23-1 Statutory Authorizations. This Shoreland Management Ordinance is
adopted pursuant to the authorization contained in M.s.~ 105.485, Subd.
6, as an interim ordinance pending the development and adoption of
a final ordinance and official control ordinance to regulate the develop-
ment of shoreland areas of this City.
5-23-2 Operative Provisions.
1. Regulation of Shoreland Development. Chapter Six: NR 82-84,
STANDARDS AND CRITERIA FOR THE MANAGEMENT OF
MUNICIPAL SHORELAND AREAS OF MINNESOT A,as med
with the Minnesota Secretary of State and 'the Minnesota Commis-
sioner of Administration on March, IS, 1976, is hereby adopted,
incorporated by reference herein, and made a part of this ordinance
as if fully set forth herein, as an interim ordinance for the manage-
ment ot shoreland areas of this City. As herein incorporated, said
regulation NR 82-84 shall have the force of law and as such be fully
enforceable. ,
2. Relationship to Existing' Ordinances. The standards set forth in said
regulations NR 82-84 shall apply to all shorelands of all public
waters, as those terms are defined in said regulations, within the City
of Chanhassen. Where the standards of other ordinanes of the City
are more restrictive than the requirements set forth in said regula-
tions NR 82-874, then the more restrictive standards shall apply.
5-23-3 Classification of Lakes. The lakes of the City of Chanhassen are hereby
classified into the following classifications for purposes of this Ordinance
and the aforesaid regulations:
I. Natural Environment Lakes:
Rice Marsh Lake
Harrison
Chanhassen Zoning Ordinance Page Seven
St. Joe
Rice
Silver
2. Recreational Development Lakes:
Riley
Lucy
Ann
Susan
Minnewashta
Christmas
Lotus
5-23-4 Violations.
I. Penalties. Any person, firm, or corporation who shall violate any
of the provisions hereof shall be guilty of a misdemeanor and upon
conviction thereof, shall be punished by a fine not to exceed $300.00
or by imprisonment for not to exceed ninety (90) days. Each day
that a violation continues shall constitute a separate offense.
2. Enforcement. In the event any building or structure is erected, con-
structed, altered, repaired, used, converted, maintained, or any
shoreland is altered or used in violation of this Ordinance, the Zon-
ing Administrator of the City may institute any proper action or
proceeding in the name of the City (a) to prevent such unlawful erec-
tion, construction, alteration, repair, conversion, maintenance or
use; or (b) to restrain or abate such violation.
SECTION 24. WETLAND PROTECTION REGULATIONS
5-24-1 STATEMENT OF FINDINGS AND INTENT: Wetlands are a valuable
resource. Wetlands help maintain water quality, serve to minimize prob-
lems with flooding and erosion, serve as sources of food and habitat
for a variety of fish and wildlife and are an integra! part of the com-
munity's natural landscape providing the aesthetic benefits of open space
and a natural separation of land uses. It is the intent of this Ordinance
to establish a program of sound stewardship through regulations that
strive toward zero degradation of the wetlands by conserving, protect-
ing and enhancing these environmentally sensitive resources.
5-24-2 STATEMENT OF PURPOSE: The purpose of this Ordinance is to
assure the protection of the general health, safety and welfare of the
residents and the protection of the wetland resources of the City, for
now, and in the future, through preservation and conservation of
wetlands and sound management of development by:
1. Establishment of wetland regulations.
2. Requiring proper erosion control practices.
3. Requiring sound managemenfpractices that will protect, conserve,
maintain, enhance and improve the present quality of wetlands
within the community.
4. Requiring improved water quality in streams and lakes with its at-
tendant increase in recreational use and value.
5. Protecting and enhancing the scenic value of the community.
6. Restricting and controlling the harmful effects of land development
which adversely affect wetlands.
7. Reducing the need for piped storm water improvements.
8. ,Preventing rapid runoff from developed areas.
9. Preventing pollution froni gas, oil, salt, fertilizer, sand and silt.
10. Allowing only development that is compatible with wetland protec-
tion and enhancement.
11. Providing standards for the alteration of wetlands.
12. Controlling development outside of the wetland areas that may be
detrimental to wetlands. ,
13. Prohibiting dumping of waste in wetlands.
14. Res'tricting the placement of structures within wetland areas.
IS. Drawing attention to the function of wetlands and the impact of
urbanization upon wetlands.
5-24-3 ESTABLISHMENT OF WETLAND AREAS: Lands lying within a
wetland area shall be subject to the requirements established herein; as
well as restrictions and requirements established by other applicable city
ordinances and regulations. The Wetland Protection Regulation shall
not be construed to allow anything otherwise prohibited in the zoning
district where the wetland area is located. The wetland map, entitled
"Chanhassen Wetland Map" dated May 22, 1984 is hereby adopted as
prima facie evidence of the wetland areas and an official copy is on file
in the office of the City Clerk. Land within the wetland areas shall be
classified as Class A wetland or Class B wetland as delineated on the map.
5-24-4 DETERMINATION OF WETLAND AREA. An applicant for develop-
, ment which may be in a wetland area thall bring this to the City's atten-
tion. If required by the city, the applicant shall provide appropriate
technical information, including but not limited to, topographic survey
and soil data deemed necessary for the City to determine the exact
wetland boundary. The City Council may exempt land from the wetland
regulations if it finds that the land is not in fact a wetland. The City
I 'Council shall make necessary interpretations conceming the wetland area
based upon the wetland map, the definition of "wetlands" contained
herein and the intent and purpose of this Ordinance.
5-24-5 PROHIBITED USED IN CLASS A WETLANDS: The toll owing uses
are prohibited in Class A wetlands:
I. Disposal of waste material including,but not limited to, sewage,
,demolition debris, hazardous and toxic substances, and all waste that
would normally be disposed of at a solid waste disposal site or into
a sewage disposal system or sanitary sewer.
2. Solid waste disposal sites, sludge ash disposal sites, hazardous waste
transfer or disposal sites.
3. Septic or soil absorption systems.
4. Sedimentation 'basins for construction projects.
5. Open storage. '
6. Animal feedlots.
7. The planting of any species of the genus Lythrum.
8. Operation of motorized craft of all sizes and classifications.
5-24-6 PROHIBITED USES IN CLASS B WETLANDS: The following uses
are prohibited in Class B wetlands: '
I. Disposal of waste material including, but not limited to, sewage,
demolition debris, hazardous and toxic substances, and all waste that
would normally be disposed of at a solid waste disposal site or into
a sewage disposal system or sanitary sewer. -
2. Solid waste disposal sites, sludge ash disposal sites, hazardous waste
transfer. or disposal sites.
3. Animal feedlots.
4. The planting of any species of the genus Lythrum. .-
5-24-7 ACTIVITIES REQUIRING A WETLAND ALTERATION PE~IT:
The following activities are prohibited in the Wetland area indicated
unless the City Council issues a wetland alteration permit allowing the
activity:
I. Scientific" research projects in a Class A or Class B wetland which
alter the wetland.
2. Public works in a Class A or Class B wetland except for emergency
public works which shall not require a wetland alteration permit.
3. Creation of ponds or dams and alterations of the natural drainage
ways or water courses of a Class A or Class B wetland.
4. Removal from Class A wetland of trees or vegetation except hay,
crops and diseased and storm damaged trees and vegetation which
shall not require a wetland alteration permit.
5. Docks, walkways and boardwalks, within a Class A or B wetland.
6. Installing or replacing drain, tile or ditches in a Class A wetland.
Repairing existing drain tile, in a Class A wetland if the property
has not been in active agricultural use during the 12 months preceding
the enactment of this Ordinance.
7. Development in any Class A wetland or within 200 feet of a Class
A wetland which is within the wetland's watershed.
8. Septic or soil absorption systems in a Class B wetland.
9.' Sedimentation basins in a Class B wetland.
10. Any structure in a Class A or B wetland except for minor expan-
sion and additions to single family detached dwellings existmg on
the date this Ordinance is enacted which shall not require a wetland
alteration permit.
II. Digging, dredging, mling in a Class A or B wetland.
12. Advertising signs in a Class A or B wetland.
5-24-8 WETLAND ALTERATION PERMIT GUIDELINES: No wetland
alteration permit shall be issued unless the Council determines that the
proposed development complies with the following guidelines, as well
as the intent and purpose of this Ordinance. In reviewing wetIand altera-
tion proposals reference shall be made to United States Department of
Agriculture Soil Conservation Service under Runoff, Erosion and Sedi-
ment Control Handbook and Technical Field Guide. If the City,Coun-
cil determines that the required calculations in a particular in,stance are
needlessly burdensome because of the area and nature of a proposal,
it may agree to a substitute analysis.
I. FILLING. A minimum amount of filling will be allowed when
necessary for the use of property, but only when it will not have
a net adverse effect upon the ecological and hydrological
characteristics of the wetland. In determining whether a proposed
. ..: , . ..... : . - - ..-
Page ElglifChanhassen .Zoning Ordinal!<:~
development will have a net adverse effect on the ecological and
hydrological characteristics of the wetland, the Council shall con-
sider, but not limit its consideration to, the following factors:
A. Any filling shall not cause total natural flood storage capacity
of the wetland to fall below, or fall below further, the projected
volume of runoOff from the watershed generated by a 5.9 inch
rainfall in 24 hours. Since the total amount of filling which can
be permitted is limited, apportionment of fill opportunities for
other properties abutting the wetland shall be considered.
B. Any filling shall not cause total natural nutrient stripping
capacity of the wetland to be diminished to an extent that is
deterimental to any area river, lake or stream.
C. Only fill free of chemical pollutants and organic wastes may
'be used.
D. Filling shall be carried out so as to minimize tlle impact on
vegetation. .
E. Filling in wetland areas will not be permitted during waterfowl
breeding season or fiSh spawning season, unless it is determin-
ed by the City that the wetland is not used for waterfowl
breeding of fiSh spawning.
2. DREDGING. Dredging will be allowed only when it will not have
a net adverse effect on the ecological and hydrological characteristics
of the wetlands. Dredging, when allowed, shall be limited as follows:
A. It shall be located as to minimize the impact on vegetation.
B. ,It shall not adversely change water flow.
C. The size of the dredged area shall be limited to the minimum
required for .the proposed action.
D. Disposal of the dredged material is prohibited within the
wetland district unless specifically authorized in the wetland
alteration permit. '
E. Disposal of any dredged material shall include proper erosion
\ control and nutrient retention measures.
F. Dredging in any wetland area is prohibited during waterfowl
breeding season or fish spawning season, unless it is determined
by the City that the wetland is not used for waterfowl breeding
or fish spawning.
3. DISCHARGES. ,
A. 'Soil loss from a construction site any part of which is in a
wetland or within 200 feet of the wetland that is within the
wetland watershed shall not exceed a rate of more than 2 tons
per acre per year.
B. Projected soil loss from a completed construction project shall
not exceed 0.5 tons per year if any part of it is in a wetland
or within 200 feet of a wetland that is within the wetland
watershed.
4. STORM WATER RUNOFF. A minimum increase in volume of
sto'rm' water runoff. to' a wetland from a development over the
natural volume of runoff may be allowed when necessary for use
of propertY but only when it will not have a net adverse effect upon
the ecological and hydrological characteristics of the wetlands. In
no case shall the restrictions on runoff set out below be exceeded.
Since the total increase in runoff which can be permitted is limited,
the Council when considering permit applications shall consider,
in addition to' the following, apportionment of increased runoff
opportunity to all wetland propertY within the surrounding wetland
area;
A. Storm water runoff from a development may be directed to
the wetland only when free of debris and substantially free
of chemical pollutants and silt, and only at rates which do not
disturb vegetation or increase turbidity. Sheet flow and other
overland drainage of runoff shall be encouraged.
B. The proposed action shall not cause storm water runoff on
the wetlands to take place at a rate which would materially
exceed the natural rate.
C. The allowed total increased runoff, in combination with tl"e
total fill allowed, shall not cause total natural flood storage
capacity of the wetland to fall below, or fall below further,
the projected volume of runoff on the whole developed
wetland watershed generated by a 5.9 inch rainfall in 24 hours.
D. The allowed total increase in runoff, in combination with the
total 'fill allowed, shall not cause total natural nutrient strip. .
ping capacity of the wetland to fall below, or fall below fur-
ther, the project.!d nutrient production from the whole
developed wetland watershed.
5-24-9 WETLAND ALTERATION PERMIT PROCEDURES: The applicant
shall furnish information if required by the City including but not
limited to, a site plan, topographic data and hydrological data for the
review of Ii wetland alteration permit application. A wetland altera-
tion permit shall not be issued without having been first reviewed by
the Planning Commission and approved by the Council following the
review proCedures set forth for conditional use permits. The applicant
shall have the burden of proving that the proposed use or activity com-
plies with the purposes, intent.and other provisions of this Ordinance.
A permit must be approved by a 3/5 vote of the Council. The Council
may establish reasonable conditions which are specially set forth in the
permit to ensure compliance with requirements contained in this Or-
dinance. Such conditions may, among other matters, limit the size, kind
of character of the proposed,work, require the construction of other
structUres, require replacement' of vegetation, establish required
monitoring procedures and maintenance activity, stage the work over
time, require the alteration of the site design to ensure buffering, re-
quire the provision of a performance security. The granting of a wetland
alteration permit does not abrogate the need to obtain permits required
, by other local, state or federal agencies.
5.24.10 TIME OF PERMIT- EXTENSION AND RENEWALS:
I. Unless otherwise specified by the City Council, a permittee shall
begin and complete the development authorized by the permit
within one year after the date the Council approves the permit
application.
2. The permittee shall provide written notice to the City Engineer 24
hours prior to the commencement and completion of the develop-
ment project. No projecfshall be deemed to have been completed
until approved by the City Engineer after receipt of notice ,of
completion.
3. I~ the permittee fails to commence work on the development within
the time specified herein, the permit shall be void. The Council may
renew a void permit at its discretion. If the Council does not renew
the permit, the holder of the void permit may make original ap-
plication for a new permit. '
4. The permittee may make written application to the Council for an
extension of the time to commence work, but only if the permittee
submits the application prior to the date already established to com-
mence work. The application for an extension Shall ,state the reasons
the permittee requires an extension. '
5-24.11 INSPECTION: The City Engineer may cause inspection of the work
to be made periodically during the course of such work and shall cause
final inspection to be made following the completion of the work.
5-24-12 RESPONSIBILITY: AFFECT: Neither the issuance of a permit nor
compliance with the conditions thereof, nor with the provisions of this
chapter shall relieve any person from any responsibility otherwise im.
posed by law for damage to persons or property; nor Shall the issuance
of any permit hereunder serve to impose any liability on the City or
its officers or employees for injury or damage to persons or property.
5-24-13 GENERAL DEVELOPMENT REGULATIONS: Within wetland areas
and for lands abutting or adjacent to a horizontal distance of 200 feet, '
the following minimum general regulations are applicable:
1. Minimum lot area: 15,000 square feet.
2. Minimum structure setback: 75 feet from the ordinary high water
mark.
3. Septic and soil absorption system setbacks: 200 feet from ordinary
high water mark.
4. Lowest ground floor elevation: 3 feet above ordinary high water
mark.
5. No development shall be allowed which may result in unusual road
inaintenance costs or' utility line, breakages due to soil limitation,
including high frost action.
5-24-14 VARIANCE: The City Council may grant a variance from the re-
quirernents of this Section. In addition, a variance may be granted based
upon mitillative measlires proposed by the applicant to recreate, to an
equal or greater degree, the environmental and hydrological function
of the wetland area that is proposed to be altered.
ARTICLE VI. SUPPLEMENTARY REGULATIONS
SECTION 1. PERFORMANCE STANDARDS
'6.1-1 Noise. Noise shall be muffled or otherwise controlled so as not to
become a nuisance. Noise levels shall be regulated by the standards of
the Minnesota Pollution Control Agency.
6-1-2 Smoke and Particulate Matter. The ambient air quality standards of
the Minnesota Pollution Control Agency shall apply to the release of
'airborne materials within the City.
6-1-3 Toxic or Noxious malter. The Minnesota Pollution Control Agency
standards governing toxic or noxious matter shall apply.
6-1-4 Odors and Air Pollution. The Minnesota Pollution Control Agency
standards shall apply.
6-1.5 ,Nuisances. No land, existing building or proposed structure shall be
used or occupied in any manner creating dangerous, noxious o,r other-
wise objectionable conditions which could adversely affect the surround-
ing area.
6-1-6 Radiation and Electrical Emissions. No activities shall be permitted that
emit dangerous radioactivity beyond enclosed areas. There shall be no
electrical disturbance (except from domestic household appliances)
adversely affecting the operation at any point of any equipment In-
cluding, but not limited to, radio and television reception other than
that of the creator of the disturbance.
6-1-7 Vibration. Any use creating periodic earth-shaking vibrations, such as
may be created from a drop forge shall be prohibited if such vibra-
tions are perceptible beyond the lot line of the site on which the use
is located. The standard shall not apply to vibrations created during
the process of construction.
6-1-8 Glare or Heat. Any use requiring an operation producing an intense
heat or light transmission shall be performed with the necessary
shielding to prevent such heat or light from being detectable at the lot
line of the site on which the use is located. Lighting in all instances
shall be diffused or directed away from R Districts and public streets.
6-1.9 Explosives.' Any use requiring the storage, use or manufacturing of
products which could decompose by detonation shall be located not
less than four hundred feet (400 ') from any R DistriCI line provided
that this Section shall not apply to the storage or use of liquefied
petroleum or natural gas for normal residential or business purposes.
SECTION 2. OVERHEAD TRANSMISSION LINES -
-Installation of overhead transmission lines in excess of 69 kilovolts shall re-
quire the Issuance of a conditional use permit through any district located in
the City. The City Council, in addition to the standards established in Article
3, Section 2, may also impose other conditions as deemed necessary to protect
the public health, safety and welfare..
SECTION 3. NOT MORE THAN ONE PRINCIPAL BUILDING
ON A LOT
In any single family detached residential district not more than one principal
building shall be permitted to be erected on a single building lot. Grouping of
buildings in other districts may only be Permitted by conditional use permit.
SECTION 4. TEMPORARY STRUCTURES AND USES
The City may authorize as a conditional use the temporary use of a structure
or premises in any district for a purpose or use that does not conform to the
regulations prescribed for the district in which the property is located, provid-
ed that 'such use is of a necessary and temporary nature and does not involve
the erection of a substantial structure or substantial alteration of the premises.
The City Council may grant a conditional use permit for such use for not more
than 12 months.
SECTION 5. ACCESSORY STRUCTURES
6-5-1 A detached accessory structure, except a dock, shall be located in the
buildable lot area or r~ired rear yard. No accessory use or structure
in any residential district shall be located in the required front or side
, yard.
6-5-2 A detached accessory structure may occupy not more than thirty per-
cent (30"70) of the area of any rear yard, provided that no detached
accessory structure shall be placed nearer than five feet from any rear
lot line.
6-5-3 In any residential district, no accessory building or structure shall be
erected or constructed prior to the erection or construction of the prin-
cipal or main building but may be erected simultaneously,
SECTION 6. SINGLE FAMILY DWELLINGS
All single family detched homes shall:
6-6-1 ,Be constructed upon a continuous perimeter foundation that meets the
requirements of the State Uniform Building Code.
6-6-2 Conform to the following standards for living areas:
I. One story rambler design - 960 square feet
2. Split level design - 1,050 square feet
3. Split foyer and two story design - 600 square feet on the fIrst floor
plus a two car garage must be attached to the single family structUre.
6-6.3 Have an earth covered, compositio'n, shingled or tiled roof or other
materials approved by the State Uniform Building Code.
6-6-4 Receive a building permit. The application for a building permit in ad-
dition to other iI)formation required shall indicate the height, size,
design and the appearance of all elevations of the proposed building
and a description of the construction materials proposed to be used.
6-6-5 Meet the requirements of the State Uniforin Building Code or the ap- /
plicable manufactured housing code.
SECTION 7. RURAL LOT BUILDING ELIGIBILITIES
6-7-1 All lots located outside of the Metropolitan Council's Metropolitan Ur-
ban Service Area boundary shall be created in conformance to the re-
quirements of Article 5, Section 30r Section 4. ..
6-7-2 A new single family building may be established or a lot containing
an existing single family dwelling may be subdivided only if the follow-
ing provision's are met:
I. A one unit per ten acre density is maintained using the following
guidelines:
o - 19.99 acres equals I single family unit
20 - 29.99 acres equals 2 single family units
30 - 39.99 acres equals 3 single family units, etc.
2. Existing parcels of record established priqr to the effective date of
this Zoning Ordinance shall be deemed as buildable lots. This pro-
vision also applies to those lots affected by Item 10 of this Section.
3. All lots shall have the minimum frontage on a public -road as
regulated in Article 5, Section 3, 5-3.5 and Section 4, 5-4.5. To
reduce the number of driveways on collectorS and arterials, up to
two parcels will be allowed to be accessed by a private easement.
4. All lots must have soil and water conditions which permit a well.
5. All lots must have conditions which will permit two on-site sewer
, systems installed in conformance with the Chanhassen Ordinance
No. IO-B.
6. The one unit per 10 acre density applies to contiguous property
under single ownership. Acreage under single ownership, which is
not contiguous, cannot be combined for increased density /building
eligibility on one of the parcels. Transfer of development rights
from one parcel of land to another is not allowed, except as per-
mitted in Section 9 below.
7. Once a building eligibility has been used for a property, a develop-
ment contract must be recorded with the County establishing the
number of building eligibilities remaining or documenting that no
building eligibility remains. Transfer of development rights from
one parcel of land to another is not allowed.
8. Each site must have at least one acre of arta which can support
two septic system sites, a building pad and well with a slope of 25%
or less.
9. Parcels which do not have public street frontage and are landlock-
ed may transfer building eligibilities to an adjacent parcel which
does have public street frontage and meets other provisions of this
section.
10. Applications for sudivisions in the rural saervice area as identified
in the Comprehensive Plan to contain a development density of
one unit per 2 ~ acres will be accepted until 4:30 p.m. on January
15, 1987, if the following information is submitted to the Planning
Department:
I. Completion of the Application for Subdivision.
2. Submission of the public hearing list of surrounding property
owners.
3. Submission of a boundary survey with the proposed lot
pattern.
4. Submission of required application fees.
Further, these applications must also submit additional data
required for preliminary plat approval in a manner which will '
achieve preliminary plat approval by July I, 1987 unless the
City Council deems to table final action on the application
after July I, 1987.
SECTION 8. HOME OCCUPATIONS
A home occupation may be established and conducted only in accordance with
the following requirements: .
6-8.1 SUBORDINATE USE. The use of a dwelling unit for any home oc-
cupation shall be clearly incidental and subordinate to its residential
use. Not more than twenty.five percent (25%) of the floor area of one
floor of a dwelling unit shall be used in the conduct of the home oc-
cupation. No garage or accessory buildings except accessory agriCultural
buildings existing on the effective date of this Ordinance shall be used
for any home occupation.
6.8.2 The following home occupations are permitted:
I. Professional services such as architects, engineers, attorneys, of-
fice, real estate agents, insurance agents, and computer program-
mers, secretarial services, and manufacturer's representatives;
2. Dressmaking, sewing, and tailoring;
3. Painting, sculpturing or writing;
4. Home crafts such as model making, rug weaving, lapidary work,
pottery and cabinet making;
5. Tutoring services (e.g. piano teacher)
6-8.3 OUTSIDE APPEARANCE. The home occupation shall be conducted
entirely within a fully enclosed building. No change in the outside ap-
pearance of the building or land, or other visible evidence of the con-
duct of the home occupation shall be permitted. Outdoor storage of
anything Is prohibited in connection with a home occupation.
6-8-4 HOURS OF OPERATION. The hours of operation for any home oc-
cupation shall be limited to between 8:00 a.m. and 8:00 p.m.
6-8-5 USE OF EQUIPMENT. No mechanical or electrical equipment requir-
ing the use of voltage in excess of 220 volts single phase shall be used
in the conduct of a home occupation.
6-8-6 TRAFFIC AND PARKING. No traffic shall be generated by any home
occupation in greater volume than would normally be expected in a
residential neighborhood, and no hOme occupation involving the need
for more than three (3) parking spaces for the occupants and visitors
shall be permitted. Adequate off-street parking facilities required to
serve the home occupation shall be provided on the premises, but not
such parking facilities shall be established within any required front
or side yard, except upon an established driveway. .
6-8-7 RETAIL AND WHOLESALE SALES PROHffiITED. No com-
modities, merchandise or supplies shall be sold or offered for sale upon
or from the premises, whether at retail or wholesale.
6.8-8 NONRESIDENT EMPLOYEE. Only one nonresident of the dwelling
unit may be employed upon the premises of a home occupation.
SECTION 9. ANIMALS
6-9-1 Keeping Animals. The following animals may be kept in the City:
I. Household pets are an allowed use in all zoning districts.
2. Horses in the A-I, A-2, RR and RSF zoning districts in accordahce
with Ordinance No. 56.
3. Farm animals are an allowed use on all farm property. Farm
animals may not be confmed in a pen, feed lot or building within
one hundred (100) feet of any residential dwelling not owned or
leased by the farmer.
4. Animals being kept as part of the Minnesota Zoological Garden's
or St. Paul Como Zoo's docent programs are in allowed use in all
zoning districts. Before such animals are allowed, however, the par-
ticipant in the program must receive the approval of the Council
'regarding participation in the program and identify the animal be-
ing kept.
5. Animals may only be kept for commercial purposes if authorized
in the zoning district where the animals are located.
6. Animals may not be kept if they cause a nuisance or endanger the
health or safety of the community.
7. Other animals may be allowed by conditional use permit.
6-9-2 Care of Animals. Animals kept within any zoning district shall be sub-
ject to the following requirements:
I. The size, number, species, facilities for and location of animals kept
shall be maintained so as not to constitute a danger or nuisance
by means of odor, noise or otherwise.
2. Facilities for housing animal(s) shall be:
A. Constructed of such material as is appropriate for the animal(s)
involved.
B. Maintained in good repair.
C. Controlled as to temperature, ventilated and lighted compati-
ble with the health and comfort of the animal(s).
D. - Of sufficient size to allow adequate freedom of movement.
Inadequate space may be indicated by evidence of malnutri-
tion, poor condition of debility, stress or abnormal behavior
patterns.
E. Cleaned as often as necessary to prevent contamination of the
animal(s) contained therein and to minimize disease hazards
and reduce odors.
3. Animals shall be provided wholesome, palatable food and water
free from contamination and of sufficient quantity and nutritive
value to maintain all animals in good health.
4. Animals kept in pet shops or kennels shall tie kept in accordance
with regulations for pet shops and kennels in addition to the regula-
tions provided by this ordinance. Pet shop or kennel owners shall
receive a license as required by the City.
SECTION 10. HEIGHT REGULATIONS
6-10-1 Where the average slope ora lot is greater than one (I) foot rise or
fall in seven (7) feet of horizontal distance from the established street
elevation at the property line, one story in addition to the number per-
mitted in the district in which the lot is situated shall be permitted on
the downhill side of any building.
6-10-2 The height limitations stipulated elsewhere in the zoning code shan not
apply to the following:
1. FARM BUILDINGS, CERTAIN ARCHITECTURAL
FEATURES. Barns, silos, or other farm buildings or structures on
farms; church'spires,. belfries, cupolas and domes, monuments,
water towers, fire and hose towers, observation towers, chimneys,
smoke stacks, flag poles, masts and aerials; communication
transmission towers; parapet walls extending not more than four
(4) feet above the limiting height of the building.
2. PLACES OF PUBLIC ASSEMBLY. Places of public assembly in
churches, sChools and other public and semi-public buildings, pro-
vided that these are located on the frrst floor of such building and
provided that for each .three (3) feet by which the heights of such
building exceeds the maximum height otherwise permitted in the
district, its side and rear yards shall be increased in width or depth
by an additional foot over the side and rear yards required for the
highest building otherwise permitted in the district. '
SECTION II. 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:
6-11-1 Every part of a required yard or court shall be open and unobstructed.
6-11-2 A yard, court, or other open space of one building used to comply with
the provisions of this Ordinance shall not again be used as a yard, court,
or other open space for another building.
6-11-3 Except as provided in the business, industrial, and office districts, the
front yard setback requirements shall be "observed on each street side
of a corner lot; provided, however, that the remaining two yards will
meet the side yard setbacks.
6-11-4 On double frontage lots, the required front yard shall be provided on
both streets. Whenever possible, structures should face the existing
street.
6-11-5 PERMITTED OBSTRUctIONS IN REQUIRED YARDS. The
following shall not be considered to be obstructions:
1. FRONT AND SIDE STREET YARDS. 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 un-
covered stair and necessary landings may project a distance not to
exceed six (6) feet, provided such stair and landing shall not ex-
tend 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.
2. INTERIOR SIDE YARDS. The above-named features may pro-
ject into any required yard adjoining an interior lot line, subject
to the limitations cited above.
3. EXISTING PORCHES. Porches that encroach into the required
front yard and which were in existence as of the effective date of
the zoning code 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 10-foot minimum front yard.
4. IN REAR YARDS. Subject to the setback requirements cited in
Article VI, Section 5, the following are permitted in the rear yard:
enclosed or open off-street parking spaces; accessory stru'ctures,
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 (S) feet.
SECTION 12. FENCE AND WALLS
6-12-1 INTENT: The intent of these regulations is to provide standards for
fences along the perimeter oflots that act as boundaries and/or barriers.
6-12-2 PERMIT: A fence installed for any purpose other than an agricultural
purpose shall obtain a building pennit before installation.
6-12-3 LOCATION: All fences shall be located entirely upon the property of
the fence owner unless the owner of the adjoining property agrees, in
writing, that said fence may be erected on the property line of the respec-
. tive properties. Such an agreement shall be submitted at the time of
building permit application.
6-12-4 SITE PLAN: A site plan showing location of the fence shall be sub-
mitted with the permit application.
6012-S SURVEYS: The Building official may require a fence permit applica-
tion to provide a registered land survey establishing property lines.
6-12-6 CONSTRUCTION AND MAINTENANCE: Every fence shall be con-
structed in a substantial, workmanlike manner and of. material
reasonably suited for the purpose for which the fence is proposed to
be used. Every fence shall be maintained in such condition as to not
become a hazard, eYesore, or public or private nuisance. All fences shall
be constructed so that the side containing the framing supports and
cross pieces face the interior of the fence owner's lot. Any fence which
does not comply with the provisions of this Ordinance or which en-
dangers the public safety, health or welfare shall be considered a public
nuisance. Abatement proceedings may be instituted by the proper City
official after fifteen (IS) days notification, if the owner of such fence
has not undertaken the necessary repairs to abate.the nuisance. Link
fences shall be constructed in such a manner that no barbed ends shall
be exposed.
6-12-7 REQUIRED FENCES: All in-ground swimming pools shall be pro-
tected by a fence not less than four (4) feet in height. All gates shall
have the latch installed on the pool side of the fence. All in-ground
pools installed prior to the date of this Ordinance shall be required to
abide by the regulations of this Ordinance within one hundred eighty
(180) days. Pools inaccessible from adjacent properties or which are
located on property completely enclosed by a perimeter fence four (4)
feet in height are excluded from this requirement.
6-12-8 SHORELINE FENCES: Fences to be installed on riparian lots shall
have a maximmn height of three and one-half (3 ~) feet in the rear yard
Oake side).
6-12-9 FENCE HEIGHT: Any fence over six and one-half (6~) feet must
receive JI conditional use pennit. The fence height is measured from
ground devation to the highest point on the fence.
6-12-10 COMMERCIAL AND INDUSTRIAL FENCES: Fences for screening
or storage purposes installed on property used for commercial or in.
dustrial uses may have a maximum height of eight (8) feet. When com-
mercial or industrial uses abut property used or zoned for residential
uses, a fence at least six (6) feet in height shall be placed between the
residential and the commercial and industrial property. Said fence must
be 100"7. opaque. Commercial or industrial fences over eight (8) feet
shall require a conditional use penn it.
SECTION 13. OUTDOOR STORAGE
As otherwise regulated, all outdoor storage is prohibited except:
6.13.1 Clothes line poles and wires.
6.13-2 Construction and landscaping material currently being used on the
premises.
6.13.3 Swings, slides and other play equipment.
6-13-4 Outdoor furniture and lawn and garden equipment.
6-13-S W cOd 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.
6.13-6 Continued storage of boats, all-terrain vehicles and snowmobiles may
be stored in the side or rear yard behind the required front setback.
6.13-7 Outside storage of tires is prohibited.
SECTION 14. STORAGE OF RECREATIONAL VEHICLES:
Recreational vehicles may be parked or stored in a residential or agricultural
district provided the following conditions are met:. .
6-1~1 No more than one (I) recreational vehicle may be parked or stored out.
side on a residential lot. Additional recreational vehic les may be kept
within an enclosed structure which otherwise conforms to the zoning
requirements of the district.
6-14-2 Recreational vehicles must be maintained in aclelin, well-kept, operable
condition. .
6-14-3 Recreational vehicles shall be mobile and shall not be permanently af.
fixed. in the ground in a manner that would prevent removal.
6.14-4 Recreational vehicles may be parked or stored only on the rear or side
. yard behind the required front yard setback. The parking or storage
of recreational vehicles on the rear or side yard, as pennitted herein,
may be on surfaced or unsurfaced areas.
6-14-S Recreational vehicles may be stored on a lot without regard to the loca-
tion on the lot for the sole and express purpose of loading and unloading
for a period not to exceed twenty-four (24) hours. .
6-14-6 Unmounted slide-in pickup campers must be stored no higher than
twenty inches (20 ") above the ground and must be securely supported
at least at four (4) comers by solid support blocks or. support
mechanisms. -
6.14-7 Recreational vehicles may not be occupied or used for living, sleeping
or housekeeping purposes, for not more than seven f1) consecutive days.
6.14-8 Except for routine maintenance or during emergency conditions when
power supply is disrupted, the operation of a recreational vehicle power
generator plant shall not be permitted in residential districts. Routine
maintenance periods shall not exceed sixty (60) minutes per month.
SECTION IS. ACCESSORY FUEL STORAGE TANKS IN RESIDENTIAL
DISTRICTS
An accessory fuel storage tank is permitted in any zoning district. Fuel storage
tanks shall be located in the buildable area of the lot or the rear yard, subject
to fire code regulations. Any such fud storage tank shall be fenced in accordance
with the fire code regulations and, in addition, shall be painted in earth tone
colors or landscaped with low hedges, evergreens, or other suitable screening
material.
SECTION 16. TRASH AND GARBAGE INCINERATORS: STORAGE
No exterior incineration of trash or garbage is pemiissible. No exterior storage
of trash or garbage is permissible except in an accessory building enclosed by
walls and roof, or in closed containers within a totally screened area. Covered
garbage cans in agricultural and single family districts are exempted from these
requirements. .,
SECTION 17. LIGHTING
6.17-1 Glare, whether direct or reflected, as differentiated from general 11-
lumination shall not be visible beyond the limits of the site from which
it originates.
6.17.2 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.
6.17.3 Lighting fIXtures should be of a design consistent with fIXtures used
in surrounding developments and municipal street lighting. Shielded
high pressure . sodium fIXtures are required.
SECTION 18. PRIVATE SWIMMING POOLS
No private swimming pool shall be allowed in any residential district except
as an accessory structure for the enjoyment of the occupants of the principal
building of the property on which it is located and their guests. Fence re-
quirements as stipulated in Article VI, Section 12, shall be met.
SECTION 19. MOVING BUILDINGS
6.19-1 Permit Required. No one may move a used building into or within the
City except upon issuance of a pennit issued by the City Council.
6.19-2 Application. An applicatiOli for a permit shall be f1!ed with the City,
accompanied by a $100 application fee. The application shall contain
the fOllowing information:
1. A photogr3ph of the building;
2. A complete description of the building;
3. A site plan;
4. The age and condition of the building.
The application shall be referred to the City Building Inspector for the
Inspector's recommendation. The recommendation .shall be forward.
ed to the City Council. '
6-19-3 Hearing. The City Council shall conduct a hearing on the application
preceded by at least ten days' mailed notice to all property owners within
3S0 feet of the site where it is proposed to relocate the building. Failure
to send such notice shall not, however, invalidate the proceeding.
6-19-4 Standards. All used buildings moved into or within the City shall com-
ply with the following requirements:
1. Compliance with the Unifonn Building Code.
2. The building is well maintained andUt a good state of repair.
3. Compliance with the City's zoning ordinance.
4. The building will not materially depreciate surrounding property
values.
6-19.S City Council Action. The City Council shall approve the permit sub.
ject to such reasonable conditions as may be appropriate if the standards
set fOrlh above are met. If the building does not satisfy the requirements
for a permit, the City Council may issue a pennit on condition that
the building is brought Into compliance within a reasonable period of
time as detennined by the City Council. The City Council may further
condition approval upon the applicant furnishing a letter of credit
. satisfactory to the City sufficient to cover the necessary work to bring
the building into compliance.
SECTION 20. WIND ENERGY CONVERSION SYSTEM (WECS)
6-20-1 Purpose. The purpose of this section is to establish standards and pro.
cedures by which the installation and operation of WECS shall be
governed.' .
6-20-2 Application. Wind conversion-systems may be allowed as a conditional.
use subject to the regulations and requirements of this section, provid-
ed the property upon which the system is to be located is zoned
agricultural, commercial or industrial and is constructed and maintained
on any parcel of at least two and one-half (2'h) acres in size.
6.20-3 Declaration of Conditions. The Planning Commission may recommend
and the City Council may impose such conditions on the granting of
WECS conditional use permit as may be necessary to carry out the pur-
pose and provisions of this section.
6-20-4 Site Plan Drawing. All applications for a WECS conditional use per-
mit shall be accompanied by a detailed site plan drawn to scale and
dimensioned, displaying the following information:
I. Lot lines and dimensions.
2. Location and height of all buildings, structures, above-ground
utilities and trees on the lot, including both existing and proposed
structures and guy wire anchors.
3. Location and height of all adjacent buildings, structures, above-
ground utilities and trees located within three hundred fifty (3S0)
feet of the exterior boundaries of the property in question.
4. Existing and proposed setbacks of all structures located on the pro-
perty in question.
S. Sketch evaluation of the premises accurately depicting the propos-
ed WECS and its relationship to structures on adjacent 101S.
6-20-S Compliance with State Building Code. Standard drawings of the struc-
tural 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 State Building Code. Drawings and
engineering calculations shal be certified by a Registered Engineer.
6.20-6 Compliance with National Electrical Code. WECS electrical equipment
and connection shall be designed and installed in adherence to the Na.
tional Electrical Code as adopted by the City.
6:20.7 Design Standards.
I. Height. The permitted maximum height of a WECS shall be deter-
mined in one of two ways. In detennining the height of the WECS
the total height of the system shall be included. System height shall
be measured from the base of the tower to the highest possible ex-
tension of the rotor.
A. A ratio of one (I) foot to one (I) foot between the distance
of the closest property line to the base of the WECS to the
height of the system. .
B. A maximum system height of one hundred seventy.five (17S)
feet. .
The shortest height of the two above mentioned methods shall be
used in detennining the maximum allowable height of a WECS
system. The height of aWECS must also comply with FAA Regula.
tion part 77 "Objects Affecting Navigable Air Space" and/or
MnDOT Rule 14, MCAR 1.3015 "Criteria for Detennining
Obstruction to Air Navigation."
. 2. Setbacks. No part of a WECS (including guy wire anchors) shall
15e located within or above any required front, side or rear yard
setback. WECS towers shall be setback from the closest property
line one (I) foot for every one (I) foot of system height. WECS
shall not be lOcated within thirty (30) feet of an above ground utility
line.
3. Rotor Size. All.WECS rotors shall not have rotor diameters greater
than twenty.six (26) feet.
4. Rotor Clearance. Blade arcs created by the WECS shall have a
minimum of thirty (30) feet of clearance over .any structure or tree
within a two hundred (200) foot radius.
S. Rotor Safety. Each WECS shall be equipped with both a manual
and automatic braking service capable of stopping the WECS
operation in high winds (40 mph or greater).
6. Lightning Protection. Each WECS shall be grounded to protect
against natural lightning strikes in confonnance with the national
Electrical Code.
7. Tower Access. To prevent unauthorized climbing.. WECS towers
must comply with one of the following provisions:
A. Tower climbing apparatus shall not be located within twelve
(12) feet of the ground.
U. A locked anticlimb device shall be installed on the tower.
C. Tower capable of being climbed shall be enclosed by a lock.
ed, protective fence at least six (6) feet high.
8. Signs. WECS shall have one (I) sign, not to exceed two (2) square
feet posted at the base of the tower and said sign shall contain the
following information.
A. Warning high voltage.
B. Manufacturer's name.
C. Emergency phone number.
D. Emergency shutdown procedures.
9. Lighting. WECS shall not have affixed or attached any lights,
reflectors. flashers or any other illumination. except for illumina.
tion devices required by FAA Regulations Part 77 "Objects Af.
fecting Navigable Air Space" and FAA Advisory Circular
70/7460-IF, September 1978 "Obstruction Marking and Lighting".
10. Electromagnetic Interference. WECS shall be designed and con.
structed so as not to cause radio and television interference.
I I. Noise Emissions. Noises eminating from the operation of WECS
shall be in compliance with and regulated by the State of Minnesota
Pollution Control Standards, Minnesota Regulations NPC 1 and
2, as amended.
12. Utility Company Interconnection. No WECS shall be intercon-
nected with a local electrical utility company until the utility com-
pany has reviewed and commented upon it. The Interconnection
of the WECS with the utility.company shall adhere to the national
Electrical Code as adopted by the City of Chanhassen.
6.20.8 Ornamental Wind Devices. Ornamental wind devices that are not a
WECS shall be exempt from the provisions of this Section and shall
conform to other applicable provisions of this Ordinance.
6.20.9 Inspection. The. City of Chanhassen bei"eby reserves the right upon is.
suing any WECS conditional use pennit to inspect the premises on
which the WECS is located. If a WECS is not maintained in opera-
tional condition and poses a potential safety hazard, the owner shall
take expeditious action to correct the situation.
6-20-10 Abandonment: Any WECS or tower which is not used for six (6) suc.
cessive months shall be deemed abandoned and shall be dismantled and
removed from the property at the expense of the property owner.
SECTION 21. ANTENNAS AND SATELLITE DISHES
6.21.1 Satellite dishes, television antennas and radio antennas shall be per..
mitted accessorY uses within all zoning districts, provided they meet
the following conditions:
I. A ground mounted dish shall not exceed fifteen (I S) feet in height
above ground level. Radio antennas shall receive a conditional use
penn it prior to installation and shall not exceed forty.five (4S) feet
in height.
. 2. No satellite dish or antenna shall be located within the required
front yard setback or side yard setback.
3. Ground mounted dishes and antennas shall be set back from all
adjoining lots a distance equivalent to the height of the dish or
antenna. Ground mounted dishes and antennas shall be located ten
(10) feet or more from any other building or structure on the same
lot and shall not be located within a utility easment. Location shall
not adversely obstruct views from adjacent property.
4. A building pennit shall be required for the installation of any dish
or antenna~ Building pennit applications shall require the submis.
sion of a site plan and structural components. When a dish or anten.
na is located 0.0. the roof of a building, the applicant shall furnish
the City Building official with building plans and structural com.
ponents displaying the means of securing it to the roof ofa building.
The Building Official must approve the building plans before
installation.
S. Lightning Protection. Each dish or antenna shall be grounded to
. Chanhassen Zoning Ordinance. Page Nine .
protect agaii;~ natural lightning' strikes in confi;rn;.~~ with the
National Electrical Code.
6. Compliance with National Electrical Code. Dish and antenna e1ec.
trical equipment and connections shall be designed and installed
in adherence to the National Electrical Code.
SECTION 22. ROOFTOP SCREENING
6-22-1 All roof mounted equipment on buildings located within the business,
office, and industrial districts shall provide for screening which is con-
sistent with the exterior of the principle structure.
SECTION 23. TEMPORARY SATELLITES
6-23.1 Satellites are permitted only on a temporary basis on construction sites
or on city owned parkland in conjunction with city park functions. Use
of satellites for special events shall require Cou.ncil approval and shall
I extend no longer than a 48.hour period.
SECTION 24. LANDFILLS
6.24.1 Hazardous and solid waste landfills, including landfills for low level
radioactive contaminants and sludge ash, are prohibited in all districts.
SECTION 2S. IDENTIFICATION OF ARTERIAL AND COLLECTOR
STREETS
6-2S-1 For purposes of this Ordinance, the following are identified as arterial
and collector streets:
ARTERIAL STREETS
Trunk Highway S .
Trunk High-.yay 7
Trunk Highway 41
Trunk Highway 101
Trunk Highway 169
'Trunk Highway 212
County Road 14
County Road 18 (Lyman Blvd.,
but not including Lyman Blvd.
east of Trunk Highway 101)
ARTICLE VII. OFFSTREET PARKING AND LOADING REGULATIONS
SECTION 1. PARKING AND LOADING REGULATIONS
7.1-1 Minimum Size Regulations. Parking spaces shall comply with City
standards as set forth in the Design Handbook for minimum size and
surfacing and shall be adequately served by access drives. All loading
spaces shall be sufficient to meet the requirements of each use and shall
provide adequate space for storage and maneuvering of the vehicles
they are designed to serve.
7-1.2 Reduction and Use of Parking and Loading Space. On-site parking
faciliiies existing on the effective date of this ordinance may not be
reduced in size below that authorized for a similar new building or use.
Required parking or loading spaces shall not be used for storage of
goods or for storage of vehicles that are inoperable or for sale or rent.
7-1-3 Computing Requirements. In computing the number of parking spaces
required. the following rules shall govern:
I. "Floor space". means the gross floor area of the specific use as
defined in Article II.
2. Where fractional spaces result, the parking spaces required shall
be construed to be the next largest whole number.
3. Other Uses. Other uses not specifically mentioned herein shall be
detennined by the Board of Adjustment and Appeals. The factors
to be considered in such detennination shall include size of building,
type of use, number of employees, expected volume and turnover
of customer traffic and expected frequency and number of delivery
or service vehicles. .
7.1.4 Yards. On-site parking and loading facilities shall not be permitted in
the required front yard, side yard or rear yard, except as provided in
Article V.
7-1.5 Buffer Fences and Planting Screens. On-site parking and loading areas
near or abutting residential districts shall be screened in confonnance
with the provisions of Article VIII.
7.1.6 Access.
1. Parking and loading space shall have proper access from a public
right-of.way. .
2. The number of width of access drives shall be located to minimize
...,. traffic congestion and abnormal traffic hazard.
7.1.7 Location of Parking Facilities and Combined Facilities. Required 00.-
site parking space shall be provided on the same lot as the principal
building or use. except that combined or joint parking facilities may
be provided for one (I) or more buildings or uses in Business Districts
and in Industrial Districts, provided that the total number of spaces
shall equal the sum of the requirements for each building or use.
7.1-8 Construction and Maintenance.
1. In Multiple-family, Business Office and Industrial Districts, park.
ing areas and access drives shall be paved with a dust.free, all.
weather surface with proper surface drainage, and concrete curb.
2. The operator of the principal building or use shall maintain park.
ing and loading areas, access drives and yard areas in a neat and
serviceable condition.
7.1.9 Lighting. All commercial, industrial and multi-family parking lots shall
be lighted. Lighting shall be directed away from the public right-of-
way and adjacent Residential or Agricultural Districts.
7.1.10 Required Number of On-Site Parking Spaces. On-site parking areas
of sufficient size to provide parking for patrons, customers, suppliers.
visitors and employees shall be provided on the premises of each use.
The minimum number of required on.site parking spaces for the follow.
ing uses shall be:
I. Assembly or exhibition hall, auditorium, theater or sports arena
- one (I) parking space for each four (4) seats, based upon design
capacity.
2. Auto sales..trailer'sales, marine and boat sales, implement sales,
garden supply store, building materials sales, auto repair - one
(1) parkin!! space for each five hundred (SOO) square feet of floor
area.
3. Automobile service station - four (4) parking spaces, plus two (2)
parking spaces for each service stall: such parking spaces shall be
in addition to parking space required for gas pump areas.
4. Bowling alley - seven (7) parking spaces for each bowling lane.
S. Churches - one (I) parking space for each three (3) seats, based
on the design capacity of the main seating area, plus one (I) space
per classroom.
6, Dwelling:
A. Single.family -two (2) parking spaces, both of which must
be completely enclosed. No garage shall be converted into liv-
ing space unless other acceptable on-site parking space is
provided.
B. Multi.family - one (I) parking space per efficiency unit, I.S
spaces per one bedroom unit, two (2) parking spaces per two
or more bedrooms. Senior citizens hcusing shall have ~ spaces
per dwelling unit. At a minimum, one (I) space per unit must
be completely enclosed. .
7. Financial Institution. - one (I) space for each two hundred fifty
(250) square feet of floor space.
8. Furniture or appliance store - one (I) space for each four hun-
dred (400) feet of floor space.
9. Hospitals and nursing homes - one space for every two (2) beds,
plus one (I) space for every two (2) employees on the largest single
shift.
10. Manufacturing or processing plant - one (I) off-street parking
space for each employee on the major shift and one (I) off-street
parking space for each company motor vehicle when customarily
kept on the premises.
II. Medical and dental clinics and animal hospitals - one (I) parking
space for each one hundred fifty (I SO) square feet of floor area.
12. Mortuaries - one (I) space for every three (3) seats.
13. Motel or hotel.:... one (I) parking space for each rental room or
suite, plus one (I) space for . every two (2) employees.
14. Office buildings (administrative. business or professional) - three
(3) parking spaces for each one thousand (1,000) square feet of floor
area.
15. Public service buildings, including municipal administrtion
buildings, community center, public library, museum, art galleries.
and postoflice - one (I) parking space for each five hundred (SOO)
square feet of floor area in the principal structure, plus one (I) park..
ing space for each four (4) rests wi~hin public assembly or meeting
rooms. .
16. Recreational facilities, including golf course, country club, swim.
ming club, racquet club, public swimming pool - twenty (20)
spaces, plus one (I) space for each five hundred (SOO) square feet
of floor area in the principal structure or 2 spaces per court.
17. Research, experimental or testing stations - one (I) parking space
for each five hundred (SOO) squae feet of gross floor area within
the building, whichever is greater.
18. Restaurant, Cafe, Nightclub, Tavern or Bar
COLLECTOR STREETS
County Road 17 (powers Blvd.)
County Road 117 (Galpin Blvd.)
Audobon, Road
Lake Lucy Road
Kerber Boulevard
Lake Drive East
Page Ten Chanhassen Zoning Ordinance
A. Fast food - one space per 60 square feet of gross floor area.
B. Restaurant:
I. Without full liquor license - one space per 60 square feet
of gross floor area or one space per 2.S seats whichever
is greater.
2. With full liquor license - one space per SO square feet
of gross floor area or one space per 2 seats whichever is
greater. .
19. Retail stores and service establishments - one space for each two
hundred (200) square feet of gross floor area.
20. School, elementary (public, private or parochial) - one (I) park-
ing space for each classroom or office room, plus one (I) space
for each one hundred fifty (ISO) squae feet of eating area including
aisles, in any auditorium or gymnasium or cafeteria intended to
be used as an auditorium.
21.. School, junior and senior high schools and colleges (public, private
or parochial) - four (4) parking spaces for each classroom or of;.
fice room plus \)ne (I) space for each one hundred fifty (ISO) square
feet of seating area including aisles, in any auditorium or gym_
nasium or cafeteria intended to be used as an auditorium.
22. Shopping Center - on-site automobile parking shall be provided
in a ratio of not . less than one parking space for each 200 square
feet of gross floor area; separate on-site space shall be provided
for loading and unloading.
23. Storage, wholesale, or warehouse establishments - One (I) space
for each one thousand (1,000) square feet of gross floor area up
to ten thousand (10,000) square feet and one additional space for
each additional two thousand (2,000) square feet plus one space
for each company vehicle operating from the premises. If it can
be demonstrated' by the applicant that the number of employees
in the warehouse or storage area will require less than the required
number of spaces, and if the applical"t shall submit a letter to the
City assuring that if there is to be any increase in employees, the
applicant agrees to provide additional parking area, the City may
approve a lesser number of parkmg spaces.
24. Uses not specifically mentioned. The requirements for off-street
parking for any uses not specifically mentioned in this section shall
be the same as provided in this subsection for the use most similar
in nature, it being the intent to require all uses to provide off-street
parking. Where there is any question regarding the number of off-
street parking spaces to be provided, said number shall be de-
termined and fixed by the City Planner.
SECTION 2. OFF-STREET LOADING AND TRASH REMOVAL AREA
7-2-1 Location. All required loading or unloading into or out of railroad cars
or trucks in excess of ,~ ton capacity shall be conducted at facilities
specifically designed or designated for that purpose. These facilities shall
be located upon the lot of the principal use for which they are required.
All berths beyond one shall be separate from areas used for off-street
parking. .
7-2-2 Access. Each required off-street loading berth shall be so designed as
to avoid interference with other vehicluar, pedestrian or rail access or
use of public streets, alleys, or other public transport systems.
7-2-3 Surfacing. All off-street loading facilities, including loading berths and
maneuvering areas, shall be surfaced with a hard, all-weather, dust.
free, durable surfacing material and shall be well drained, with con-
crete curb, and landscaped and shall be maintained in good condition.
7-2-4 Landscaping and Screening. All berths shall be screened from public
rights-Qf-way and from view from the property across the street front-
age .and/or from the zoning district boundary when the adjacent pro-
perty or property across the street frontage or side street frontage is
zoned or used for residential purposes. The . screening shall be ac-
complished as required in Article V lll.
7-2-S Design. All loading areas shall consist of a maneuvering area in addi-
tion to the berth and shall not use any of that portion of the site con-
taining parking stalls. Maneuvering areas shall be of such size as to
permit the backing of truck tractors and coupled trailers into a berth
without blocking the use of other berths, drives, maneuvering areas
or public rights-Qf-way.
7-2-6 Required Loading Areas.
1. Any use which the aty believes requires the provision of designated
spaces for the loading, unloading or parking of trucks or semi-
trailers shall provide such spaces and maneuvering area in the
number and configuration which shall be deemed necessary in order
to prevent interference With the use of the public right-of-way and
with vehicles entering onto or existing from the public right-Qf-way;
2. Semi-trailer spaces shall be at least SS feet in length, 10 feet in width
and 14 feet in height plus necessary additional maneuvering space;
3. Spaces shall not be located on a street side of any building, or, if
so located, shall be provided with screening deemed adequate by
the City;
4. Spaces and the associated maneuvering area shall be at least SO feet
from the property line of any residentially designated property; and
S. No trucks shall be parked in areas other than those designed for
such purpose on an approved site plan.
SECTION 3. REQUIREMENTS FOR DRIVEWAY SETBACKS AND
WIDTHS IN THE BUSINESS, INDUSTRIAL, OFFICE, AND
MULTIPLE FAMILY DISTRICTS
7-3-1 Driveway Widths. Measurement between driveway edges:
TYPE OF DRIVEWAY MAXIMUM FEET MINIMUM FEET
One-way traffic 20 12
Two-way traffic 30 24
7-3-2 Driveway Distances From Street Intersections. The standards listed in
the INSTITUTE OF TRANSPORTATION ENGINEERS, publication
(dated 1985) shall be used as minimum criteria.
SECTION 4. PARKING OF TRUCKS IN R-DISTRICTS
No trucks or other commercial vehicle with multiple axles shall be parked on
any residential premises or street in any R-district overnight; provided that
nothing herein shall prevent the parking of such vehicle in a fully enclosed garage
or similar pentlanent structure, or the parking of necessary eonstruction vehicles
during the construction period on the premises where constniction is in progress.
ARTICLB VIII. LANDSCAPING AND TREE REMOVAL REGULATIONS
SECTION I. LANDSCAPE AND LAND USE BUFFERS
8-1-1 Intent. The intent of these provisions is to improve the appearance of
vehicular use areas and property abutting public rights of way; to re-
quire buffering. between noncompatible land uses; and to protect,
preserve and promote the aesthetic appeal, character and value of the
surrounding neighborhoods; to promote public health and safety
.through the reduction of noise pollution, air pollution, visual pollu-
tion and glare.
8-1-2 Sites Affected: .
I. The regulations in Article VIII do not apply to single family dctach-
ed residences.
2. New Sites. No new site development, building, structure or vehicular
use area is allowed unless landscaping is provided as required herein.
3. Existing Sites. No property lines shall be altered nor shall any
building, structure or vehicular use area be expanded, unless the
minimum landscaping required by the provisions of this article is
provided for the entire property.
SECTION 2. PERIMETER LANDSCAPING .REQUIREMENTS
8-2-1 Where parking areas are not entirely screened visually by an interven-
ing building or structure from any abutting right-Qf-way, there shall
be provided landscaping between such area and such right-Qf-way as
follows:
a. A strip of land at 'Ieast ten (10) feet in depth located between the
abutting right-Qf-way.and the vehicular use area which shall be land-
scaped to include an average of one (I) tree for each forty (40) linear
feet or fraction thereof. Such trees shall be located between the abut-
ting right-Qf-way and the .vehicular use area.
b. In addition, a hedge, wall,berm, or other opaque durable land-
scape barrier of at least two (2) feet in height shall be placed along
the entire length of the vehicular use area. If such opaque durable
barrier is of non-living material; a shrub or vine shall be planted
along the street side of said harrier and be planted in such a man-
ner to break up the expanse of the wall. A two (2) foot berm may
be used; however, additional landscaping at least one (I) foot in
height at time of planting shall be installed. The remainder of the
required landscaped areas shall be landscaped with grass, ground
cover, or other landscape treatment.
8-2-2 Required Landscaping Adjacent to Interior Property Lines.
a. Where parking areas abut property zoned or, in fact, used primarily
for residential Or institutional purposes, that portion of such area
not entirely screened visually by an intervening structure or existing
conforming buffer from an abuttng property, there shall be pro-
vided a landscaped buffer which should be maintained and replaced
as needed. Such landscaped buffer shall consist of plant material,
wall, or other durable barrier at least six (6) feet in height measured
from the median elevation of the parking area closest to the com-
mon lot line, and be located between the common lot line and the
off-street parking areas or other vehicular use area exposed to the
abutting property. Fences shall be constructed according to the
standards in Article VI, Section 12-10.
b. In addition, an average of one (I) tree shall be provided for each
forty (40) linear feet of such parking are or fractional pan thereof.
Such trees shall be located between the eommon lot line and the
off-street parking area or other vehicular use area.
c. Where such area abuts property zoned and, in fact, used for of-
fice, commercial, or industrial purposes, that portion of area not
entirely screened visually by an intervening structure or existing con-
forming buffer, shall comply with the tree provisions only as
prescribed in this subsection.
8-2-3 The required landscape bufferyard may be combined with a utility or
,other easement as long as all of the landscape requirements can be ful-
ly met, otherwise, the landscape bufferyard shall be provided in addi-
tion to, and separate from, any other easement. Cars or other objects
shall not overhang 'or Otherwise intrude upon the required landscape
bufferyard more than 2Y2 feet and curbs will be required.
8-2-4 Existing Landscape Material. Existing.landscape material shall be shown
on the required plan and any material in satisfactory condition may
be used to satisfy these requirements in whole or in part.
SECTION 3. INTERIOR LANDSCAPING FOR VEHICULAR USE AREAS
Any open vehicular use area (excluding loading, uvloading, and storage areas
in the lOP and BG districts) containing more than 6,000 square feet of area,
or twenty or more vehicular parking spaces, shall provide "interior landscap-
ing" in addition to "perimeter" landscaping. Interior landscaping may be pen-
insular or island types.
8-3-1 Landscape Area. For each 100 square feet, or fraction thereof, of
vehicular use area, five (5) square feet of landscaped area shall be
proviaed.
\. Minimum Area. The minimum landscape area permitted shall be
sixty-four (64) square feet, with a 4' minimum dimension to all
trees from edge of pavement where vehicles overhang.
2. Maximum Contiguous Area. In order to encourage the required
landscape areas to be properly dispersed, no required landscape area
shall be larger than 3S0 square feet in vehicular use areas under
30,000 square feet in size, and no required area shall be larger than
I,SOO square feet in vehicular use areas over 30,000 square feet.
In both cases, the least dimension of any required area shall be 4'
minimum dimension 10 all trees from edge of pavement where
vehicles overhang. Landscape areas larger than above are permit-
ted as long as the additional area is in excess of the required
minimum.
8-3-2 Minimum Trees. A minimum of one (I) tree shall be required for each
250 square feet of fraction thereof, of required landscape area. Trees
~hall have a clear trunk of at least five (S) feet above the ground, and
the remaining area shall be landscaped with shrubs, or ground cover,
not to exceed two (2) feet in height.
8-3-3 Vehicle Overhang. Parked vehicles may hang over the interior land-
scaped area no more than two and a half feet, as long as a concrete
curb is provided to insure no greater overhang or penetration of the
landscaped area.
SECTION 4. LANDSCAPING FOR TRASH ENCLOSURES
Any service structure shall be screened whenever located in any residential, com.
mercial or industrial zone (except RR and' RSF zones). Structures may be
grouped together; however, screening height requirements will be based upon
the tallest of the structures.
8-4-1 Location of screening. A continuous planting, hedge, fence, wall or
earth mound shall enclose any service structure on all sides unless such
structure must be frequently moved, in which case screening on all but
one (I) side is required. The average height of the screening material
shall be one (I) foot more than the height of the enclosed structure,
but shall not be required to exceed eight (8) feet in height. Whenever
a service structure is located next to a building wall, perimeter land-
scaping material, or vehicular use area landscaping material, such walls
or screening material may fulfill the screening requirement for that side
of the service structure if that wall or screening material is of an average
height sufficient to meet the height requirement set out in this section.
Whenever service structures are screened by plant material, such
material may count towards the fulfillment of required interior or
perimeter landscaping. No interior landscaping shall be required within
an area screened for service structures.
8-4-t Curbs to Protect Screening Material. Whenever screening material is
placed around any trash disposal unit or waste collection unit which
is emptied or removed mechanically on a regularly occurring basis, a
curb to contain the placement of the container shall be provided within
the screening material on those sides where there is such material. The
curbing shall be at least one (I) foot from the material and shall be
designed to prevent possible damage to the screening when the con-
tainer is moved or emptied.
SECTION S. LANDSCAPING MATERIALS
The landscaping materials shall consist .of the following:
8-S-I' Walls and Fences. Walls shall be constructed of natural stone, brick
or artificial materials. Fences shall be constructed of wood. Chain link
fencing will be permitted only if covered with wood strips or plant
material.
8-S-2 Earth Mounds. Earth mounds shall be physical barriers which block
or screen the view similar to a hedge, fence, or wall. Mounds shall be
constructed with proper and adequate plant material to prevent ero-
sion. A difference in elevation between areas requiring screening does
not constitute an existing earth mound, and shall not be considered
as fulfilling any screening requirement.
8-S-3 Plants. All plant materials shall be living plants, artificial plants are
prohibited and shall meet the following requirements.
I. Quality. Plant materials used)n conformance with provision of this
Ordinance shall conform to the standards of the American Associa-
tion of Nurserymen and shall have passed any inspections required
under State regulations.
2. Deciduous Trees. Shall be species having an average mature crown
spread of greater than fifteen (IS) feet and having trunk(s) which
can be maintained with over five (S) feet of clear wood in areas
which have visibility requirements, except at vehicular use area iv'
tersections where an eight (8) foot clear wood requirement will con-
trol. Trees having an average mature spread of crown less than fif-
teen (IS) feet may be substituted by grouping of the same so as
to create the equivalent of a fifteen (IS) crown spread. A minimum
of ten (10) feet overall height or a minimum caliper (trunk diameter,
measured 6 inches above ground for trees up to '4 inches caliper)
of at least 2Y2 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 planted closer than
fifteen (I S) 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 feet square and five feet
deep and for which the construction requirements shall be four (4)
inches thick, reinforced concrete. .
3. Evergreen Trees. Evergreen trees shall be a minimum of six (6) feet
high with a minimum caliper of one and one-half (I Y2) inches when
planted.
't. "nrubs and Hedges. Deciduous shrubs shall be at least 2' in average
height when planted, and shall conform to the opacity and other'
requirements within four years after planting. Evergreen shrubs
shall be at least 2' in average height and 2' in diameter.
S. Vines. Shall be at least 12 or IS inches high at planting, and are
generally used in conjunction with walls or fences.
6. Grass or Ground Cover. Grass shall be planted in species normally
grown as permanent lawns, and may be sodded, plugged, sprigg-
ed, 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 un-
til 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 7S "70 of complete coverage after two com-
plete growing seasons, with a maximum of IS inches on center. In
certain cases, ground cover also may consist of rocks, pebbles, sand
and similar .approved materials.
7. The fOllowing trees are recommended:
SPECIFIC NAME COMMON NAME
\-\. SHADE TREES
Acer platanoides "Emerald
Queen"
Acer platanoides "Crimson
King"
.-
Maple, Emerald Queen Norway
Maple, Crimson King
Acer platanoides "Columnar"
Acer platanoides "Jade Glen"
Acer platanoides "Royal Red"
Acer platanoides "Schwedler"
Acer platanoides "Variegatum"
Acer rubrum
Acer rubrum "Red Sunset"
Acer saccharum
Betula papryiter
Betula pendula icciminta
Celtis occidentalis
Fraxinus pennsylvania Iaceolata
"Marshall's Seedless"
Gingko bilboba
G leditsia tricanthos inermis
Gleditsia tricanthos inermis
"Imperial"
Gleditsia tricanthos inermis
"Skyline"
Quercus alba
Quercus macrokarpa
Quercus rubra
Quercus paulstris "Sovreign"
TiIia omericana
Tilia cordata "Greenspire"
Tilia x euchlora "Redmond"
B. ORNAMENTAL TREES
Acer innala
Amelanchier
Malus bacata columnaris
Malus (various species)
Maple, Columnar
Maple, Jade Green Norway
Maple, Royal Red Norway
Maple, Schwedler Norway
Maple, Variegated Norway
Maple, Red or Swamp
Maple, Red Sunset Red
Maple, Sugar or Hard
Birch, Paper
Birch, Cut Leaf Weeping Birch
Hack berry
Ash, Marshall's Seedless Green
Gingko Tree
Honeylocust, Thornless
Honeylocust, Imperial
Honeylocust, Skyline
Oak, White
Oak, Burr
Oak, Red
Oak, Sovreign Pin
Linden, American
Linden, Greenspire
Linden, Redmond
Maple, Amur
Serviceberry or Juneberry
Crabapple, Columnar Siberian
Crabapple, Flowering-Varieties:
Dolgo, Flame, Radiant, Red,
Silver, Red Splendor
Plum, Newport
.Plum, Flowering or Rose Tree of
China
Prunus "Newport"
Prunus triloba
Prunus virginiana
"Schubert"
Rhamnus frangula
l'Columnaris"
Syringa amurensis japonica
C. EVERGREEN TREES
Picea glauca densata Spruce, Black Hills
Picea pungens Spruce, Colorado Green
Picex pungeli glauco Spruce, Colorado Blue
Pinus nigra Pine, Austrian
Pinus ponderosa Pine, Ponderosa
Pinus resinosa Pine, Norway
Pinus strobus Pine, White
Pinus sylvestris Pine, Scotch
8-S-4 Maintenance and Installation. All landscaping materials shall be insalled
in a sound, workmanship like manner and according to accepted, good
construction and planting procedures. The owner of the property shall
be responsible for the continued proper maintenane of all landscaping
materials, and shall keep them in a proper, neat, and orderly
appearance, free from refuse and debris, at all times. All unhealthy
or dead plant material shall be repiaced within one year, or by the next
planting period, whichever comes first; while other defective landscape
material shall be relpaced or repaired within three (3) months.
8-S-S Required Opacity. Landscape materials shall be installed to provide a
minimum of fifty (SO) percent winter opacity and a seventy (70) percent
summer opacity, between two (2) feet above finished grade level to the
top of the required planting, hedge, fence, wall, or earth mound within
four (4) years after installation.
The required landscape bufferyard may be combined with a utility or
other easement as long as all of the landscape requirements can be fully
met, otherwise, the landscape bufferyard shall be provided in addition
to, and separate from, any other easement. Cars or other objects shall
not overhang or otherwise intrude upon the required landscape
bufferyard more than 2Y2 feet.
8-S-6 All landscaped areas shall be protected by concrete curbing.
SECTION 6. PLAN SUBMISSION AND APPROVAL
The property owner or developer shall prepare a landscape plan for review by
the City. The City shallllPply the fOllowing conditions in approving or disap-
proving the plan:
8-6-1 Plan Content. The contents of the plan shall include the following: (a)
plot plan, drawn to an easily readable scale, showing and labelling by
name and dimensions, all existing and proposed' property lines,
easements, buildings, and other structures, vehicular use areas (in-
cluding parking stalls, driveways, service areas, square footage), water
outlets and landscape mai'erial (including botanical name and common
name, installation size, on center planting dimensions where applicable,
and quantities for all plants used); (b) typical elevations and/or cross
sections as may be required; (c) title block with the pertinent names
and addresses (property owner, person drawing plan, and person in-
stalling landscape material), scale date, north arrow (generally orient
plan so that north is to top of plan), and zoning district: and (d) ex-
isting landscape material shall be shown on the required plan and any
material in satisfactory condition may be used to satisfy these re-
quirements in whole or in part.
8.6-2 Building Permit and Certificate of Occupancy. Where landscaping is
required, no building permit shall be issued until the required landscap-
ing plan has been submitted and approved, and no Certificate of Oc-
cupancy shall be issued until the landscaping is completed as certified
by an on-site inspection by the Building Inspector, unless a performance
. bond, or irrevocable letter of credit from a banking institution, has
been paid.
8-6-3 If necessary; .the City may require a letter of credit to insure proper
installation of landscape materials with complete cost of all work cer-
tified by landscape contractor, with the bond amount to include the
actual cost plus 10"70. The bond shall be released upon satisfactory com-
pletion of the work as determined by the City.
8-6-4 Where unusual site coriditions exist where strict enforcement of the pro-
visions of this Article would cause a hardship or practical difficulty,
the Planning Commission and City Council may waive the requirements
as pan of the site plan review process.
SECTION 7. TREE REMOVAL REGULATIONS
INTENT: It is the policy of the City of Chanhassen to preserve natural
woodland areas throughout the City and with respect to specific site develop-
ment to retain as far as practical, substantial tree stands which can be incor-
porated into the overall landscape plan.
8-7.1 No c1earcutting of woodland areas shall be permitted except as approved
in a subdivision, planned unit development or site plan application.
8-7-2 The following standards shall be used in evaluating subdivisions and
site plans:
A. To the extent practical, site design shall preserve significant
woodland areas.
B. Shade trees of six (6) inches or more caliper shall be saved unless
it can be demonstrated that there is no other feasible way to develop
the site.
C. The City may require the replacement of removed trees on a caliper
inch per caliper inch basis. At minimum, however, replacement trees
shall conform to the planting requirements identified in Section S
of this Article.
D. During the tree removal process, trees shall be removed so as to
prevent blocking of public rights-Qf-way or interfering with
overhead utility lines.
E. The removal of diseased and damaged trees is permissible.
8-7-3 Tree removal not permitted under subdivision, planned unit develop-
ment or site plan review shall not be allowed without the approval of
a tree removal plan by the City Council. Tree removal plans shall in-'
clude the content requirements as dictated in Section 6 of this Article
and identify reasons for tree removal. Said plan shall be submitted three
weeks in advance of the City Council at which it is to be considered.
8-7-4 Single family and two family lots of record are exempted from these
requirements.
Chokeberry, Schuberts
Buckthorn, TalIhedge
Lilac, Japanese Tree
AR'fICLE IX. SIGNS
SECTION I. SIGNS
9-1-1 PURPOSE. The purpose of the following sign regulations is:
I. To establish standards which permit businesses a reasonable and
equitable opportunity to advertise.
2. To preserve and promote civic beauty and prohibit signs which
detract 'from this objective because of size, shape, height, location,
condition, cluttering or illumination.
3. To insure that signs do not create safety hazards.
4. To preserve and protect property values.
" '(.
SECTION 2. GENERAL PROVISIONS
9-2-1 The design and construction standards as set forth in Chapter 4, of
the 1973 Edition of the Uniform Sign Code as may be amended, are
hereby adopted.
9-2-2 The installation of electrical signs shall be subject to the Sta,te's Elec-
trical Code. Electrical service to such sign shall be underground.
9-2-3 Signs containing noncommercial speech are permitted anywhere that
business signs are permitted, subject to the same regulations applicable
to such signs.
9-2-4 Signs shall not create a hazard to the safe, efficient movement of
vehicular or pedestrian traffic. No private sign shaD contain words
which might be construed' as traffic controls, such as "Stop", "Cau-
tion", ~'Warning". unless the sign is intended to direct traffic on the
premises:
9-2-5 Signs and sign structures shall be properly maintained and kept in a
safe condition. Sign or sign structures which are rotted, unsafe,
deteriorated or defaced shall be repainted, repaired or replaced by the
licensee, owner or agent of the bUilding upon which the sign stands.
9-2-6 No sign shall be attached or be allowed to hang from any building un-
til all necessary wall and roof attachments have been approved by the
city building official.
9-2-7 No signs, guys, stays or attachments shall be erected, placed or main-
tained on rocks, fences or trees nor interfere with any electric light,
power telephone or telegraph wires or the supports thereof.
9-2-8 The use of search fights, banners, pennants and similar devices which
extend over public right-of-ways, shall require a permit. The permit
shall be vafid for no more than 10 consecutive days. No more than three
permits per business shall be granted during any calendar year.
9-2-9 ,Illuminated signs shall be shielded to prevent lights from being directed
at oncoming traffic in such brilliance that it impairs the vision of the
driver. Nor shall such signs interfere with or obscure an official traffic
sign or signal. This includes indoor signs which are visible from public
streets. "
9-2-10 Portable signs may not exceed 32 square feet and may not be,iIluminated
with any flashing device. Use of a portable sign shall require a permit.
The permit shall be valid for no more than 10 consecutive days. No
more than three permits per business shall be granted during any calen-
dar year.
9-2-11 No sign or sign structure shall be closer to any lot fine than a distance
,equal to one-half (Vl) the minimum required yard setback. No sign shall
be placed within any drainage or utility easement.
9-2-12 Signs reguiring permits shall display the permit sticker or stick~ number
in a conspicuous manner.
9-2-13 No sign or sign structure shall be erected or maintained that prevents
free ingress or egress from any door, window or fire escape. No sign
or sign structure shall be attached to a standpipe or fire escape.
9-2-14 A freestanding sign or sign structure constructed so that the faces are
not back to back, shaD not have an angle separating the faces exceeding
twenty (20) degrees unless the total area of both sides added together
does not exceed the maximum allowable sign area for that district.
9-2-15 Signs on adjacent non-residential property shall be positioned so that
the copy is not visible from residential uses or districts along adjoining
side and rear yard property fines.
9-2-16 Except for farm buildings, at least one (I) address sign identifying the
correct address shall be required on each principal building, accessory
building, or mail boxes in all districts. The numbers shall be at least
three inches in height.
9-2-17 No sign other than governmental signs, shall be erected or placed upon
any public street, right-of-way or pubfic easement, or project over public
property.
9-2-18 The exposed uprights, superstructure and/or backside of all signs shall
be painted a neutral color such as light blue gray, brown, or white,
unless it can be illustrated that such part of the sign designed or painted
in.another manner is integral to the overall design of the sign.
9-2-19 All permanent signs shall be designed and constructed in a uniform
manner and, to the extent possible, as an integral part of the building's
architecture. Multi-tenant commercial and industrial buildings shall
have uniform signage.
SECTION 3. PERMITTED AND PROHmITED SIGNS
9-3-1 Permitted Signs. The following signs are allowed without a permit:
I. Campaign Signs. Campaign signs, not exceeding 24 square feet.
The sign must contain'the name of the 'person responsible for such
sign, and that person shaD be responsible for its removal. Such signs
shall remain for no longer than seventy-five (75) days in any calen-
. dar year. The City shall, have the right to remove and destroy signs
not conforming to the Ordinance.
2. Directional Signs.
, A. On-Premise Signs. ShaD not be larger than four (4) square feet.
The number of signs shall not exceed four (4) unless approv-
ed by the City Council.
B. Off-Premise Signs. Shall be fimited to situations where access
is confusing and traffic safety could be jeopardized or traffic
could be inappropriately routed'through residential streets.
The size of the sign shall be approved by the City Council and
shall contain no advertising.
3. Hofiday Signs. Signs or displays which contain or depict a message
pertaining to a religious, national, state or local holiday and no
other ,matter and which are displayed for a period not to eXceed
seventy-five (75) days in any calendar. year.
4. Informational Signs. Informational signs not exceeding sixtten (16)
square feet.
5. Integral Sig'ns.
6. Motor fuel price signs are permitted on the premises of any
automobile service station only if such signs are affIXed to the fuel
pumps or are made an integral part of a ground low profile or pylon
'business sign otherwise permitted in that zoning district. Motor fuel
price signs affIXed to a fuel pump shall not exceed four (4) square
feet in sign display area. When such signs are made an integral part
of a freestanding business sign, the sign display are devoted to the
price component shall not exceed thirty (30) ,percent of the total
sign display area of the sign.
7. Nameplate Signs., Nameplate signs not exceeding two (2) square
feet.
8. Non-Illuminated Construction Signs. A nOnilluminated construc-
, tion sign confined to the site of the construction, alteration or
repair. Such sign 'must be removed within one (I) year of the date
of issuance of the first building permit on the site and may be ex-
tended On an annual basis. One sign shall be permitted for each
street the project abuts. Commercial and indutrial signs may not
exceed fifty (50) square feet in sign area, and residential construc-
tion signs may not exceed twenty-four (24) square feet in sign area.
9. O.S.H.A. Signs.
10. Pubfic Signs. Signs of a pubfic, noncommercial nature erected by
a governmental entity or agency including safety signs, directional
signs to public' facilities, trespassing signs, traffic signs, signs in-
dicating scenic or historical points of interest, memorial plaques
and the like.
II. Rummage (Garage) Sale Signs. Rummage sale signs shall be remov-
ed within two days after the end of the sale and shaD not exceed
five (5) square feet. Rummage sale signs shall not be located in any
public right-of-ways. The City shall have the right to remove and
destroy sig~ not conforming to this Ordinance. The City may assess
, a fee of SUlO per sign removed by the City.
12. Temporary development project advertising signs erected for the
purpose of selling or promoting any nonresidential project, or any
residential project of ten (10) or more dwelling units, shall be per-
mitted subject to the following regulations:
A. Not more than two (2) such signs shall be aDowed per project.
B. Such signs shall only be located along streets that provide
primarY access to the project site.
C. Such signs shall be s,et back not less than twenty-five (25) feet
.from any property line, and shall be firmly anchored to the
ground. ,
D. No such sign shall be located closer than two hundred (iOO)
feet' from an existing residential dwelling unit, church, or
school which is not a part of the project being so advertised.
E. Such signs'shaD riot be located closer than two hundred (200)
feet from any other such sign located on the same side of the
street.
F. Sign display area shall not exceed sixty-four (64) square feet,
and the height of such signs shall not e;otceed fifteen (15) feet. -
G. Such signs shall be removed when the project being advertis-
ed is eight percent (80"!0) completed. For the purpose of this
section, the percentage of project completion shall be deter-
mined by dividing the number of dwelling units sold in the
residential project by the total number of units allowed in the
approved Development Plan; and by dividing the number of
buildings constructed in a nonresidential project by the total
number of building sites in the approved Development Plan.
13. Temporary real esiate signs which advertise the sale, rental or lease
of real estate subject to the following specifications:
A. On-premise real estate signs advertising the sale, rental or lease
of the premises upon which the sign is located.
I) One nonilluminated sign is permitted per street frontage.
2) Sign display area shall not exceed twelve (12) square feet
per sign on property containing less than 10 acres in area,
and thirty-two (32) square feet per sign on property con-
taining 10 or mon!~acres.
3) No such sign shall exceed ten (10) feet in overall height.
nor be located less than ten (10) feet from any property
line.
4) All temporary real estate signs shall be removed within
seven (7) days following sale, lease, or rental of the
property.
B. Off-premise real estate signs advertising the sale, rental or lease
of Business and Industrial buildings:
I) One nonilluminated off-premise sign shall be permitted
per building.
2) such signs shall only be permitted in business and In-
dustrial districts and on property located with the same
subdivision or development as the building being
advertised.
3) Such signs shall not be located closer than two hundred
(200) feet from any other such sign located on the same
side of the street.
4) Sign Display Area shall not exceedthiqy-two (32) square
feet, and the height of such signs shall not exceed fifteen
(15) feet.
5) such signs shall be removed within seven (7) days follow-
ing the lease or sale of eighty percent (80%) of the building
floor space which it is advertising, or within twelve (12)
months from the date a permit is issued, whichever comes
first.
C. Off-Premise directional signs which show direction to new
residential developments: .
INTENT. To allow short term signage, for residential develop-
ment, to familiarize the public with the new development.
I) Such sign shall only be permitted along major arterials and
collectors as identified in the Comprehensive Plan.
2) Only one sign per intersection and one sign per develop-
ment shall be permitted. '
3) Sign display area shall not exceed twenty-four (24) square
feet and the height of sudl signs shall not exceed ten (10)
feet. .
4) Such sign shall not be located closer than twenty-five (25)
feet from any street right-of-way line and shall be firmly
anchored to the ground.
5) Such sign shall only be constructed out of wood materials
and be non-illuminated.
6) Such sign shall be removed six (6) months after the ~ign
has been erected and developer may not apply for a sec-
ond off-premises directional sign permit.
7) Sign copy shall include the name of subdivision and a
direction arrow only.
9-3-2 Prohibited Signs. The following, signs are prohibited:
1. AdvertisingSigns.
2. Advertising or business signs on or attached to equipment such as
semi-truck trailers where signing is a principal use of the equip-
ment on either a temporary or permanent basis. '
3. Motion signs and Flashing Signs, except time and temperature signs
and barber poles.
4. Projecting signs.
5. Roof signs. Except that a business sign may be placed on the roof,
facia or marquee of a building provided it does not extend above
the highest elevation of the building, excluding chimneys.
A. Roof signs shall be thoroughly secured and anchored to the
frames of the building over which they are constructed and
erected.
B. No portion of roof signs shall extend beyond the periphery
of the roof.
6. Business signs which advertise an activity, business, product or ser-
vice no longer produced or conducted on the premises upn which
the sign is located. Where the owner or lessor of the premises is
seeking a new tenant, such signs'may remain in place for not more
than thirty (30) days from the date of vacancy.
7. Wall Graphics.
8. Portable Signs except as permitted in Section 9-2-10 of this
Ordinance.
9. Signs which are tacked on trees, fences or utility poles.
10. Home occupation signs except for one identification sign. The sign
may not exceed two (2) square feet in area.
SECTION 4. NONCONFORMING USES
When the principal use of land is legally nonconforming umler the Charihassen
Zoning Ordinance, all existing or proposed signs in conjunction with that land,
shall be considered conforming if they are in compliance with the sign provi-
sions for the most restrictive zoning district in which the principal use is aDowed.
"SECTION 5. AGRICULTURAL AND RESIDENTIAL DISTRICTS.
The following signs are allowed by permit in the A-I, A-2, RR, RSF, R-4, R-8
and R-12 districts:
9-5-1 Pubfic and Institutional Signs. One ground low profile or waD sign,
,not exceeding twenty-four (24) square feet of sign display area, shall
be permitted on the premises of any pubfic or institutional property
giving the name of the facility and nature of the use and occupancy.
Such signs shall be located at least ten (10) feet from any property fine,
and shall not exceed five (5) feet in height. .
9-5-2 Development Identification Signs. One development identification sign,
not exceeding twenty-four (24) square feet of sign display atea, shall
be permitted for each major entrance into any residential development
of ten (10) or more dwelling units. For the purposes of this section,
"major entrance" shaD be defined as the intersection of any local street
serving the identified development with any arterial or collector street
so designated in Article VI, Section 25. Such signs shall be located so
as not to conflict with traffic visibility or street maintenance opera-
tions, and shall be securely anchored to the ground.
SECTION 6. NEIGHBORHOOD BUSINESS AND INSTITUTIONAL
DISTRICTS
The following signs shall 'be aDowed by permit in any OI or B-1 District:
9-6-1 Ground Low Prof1le Business Signs. One ground low profile business
or institutional sign not exceeding twenty-four (24) square feet of sign
display area shall be permitted per street frontage, with a maximum
of two such signs per lot. Such signs shall be signs located at least ten
(10) feet from any property fine and shall not exceed five (5) feet in
height.
9-6-2 WaD Business Signs. One wall business sign shall be permitted 'per street
frontage for each business occupant within a building. The total of all
waD mounted sign 'display area shall not exceed ten (10) percent of the
total area of each building wall upon which the signs are mounted, but
no individual business sign shall exceed twenty-four (24) square feet
in sign display area. A wall business sign shall not be mounted upon
the waD of any building which faces any adjoining Residential District
without an intervening public stre,et.
SECTION 7. HIGHWAY AND GENERAL BUSINESS DISTRICTS
The following signs shall be allowed by permit in any BH, BG or BF District:
9-7-1 Ground Low Profile Business Signs. One ground low profile business
sign shall be permitted per street frontage, with a maximum of two (2)
such signs per lot. Such signs shall not exceed eighty (80) square feet
in sign display area nor be greater than eight (8) feet in height. Such
signs shall be located at least ten (10) feet from any property line. In
no case shall any lot contain more than two (2) freestanding business
signs, whether such signs are pylon or ground low profile signs.
9-7-2 Pylon Business Sign. One pylon business sign, not exceeding sixty-four
(64) square feet in sign display area, sh;lll be permitted per lot. A pylon
business sign greater than sixty-four (64) square feet, but equal to or
less than eighty (80) square feet, may be permitted after securing a con-
ditional use permit. Such signs shall be located at least ten (10) feet
from any property line, and shall not exceed twenty (20) feet in height.
In no case shall any lot contain more than two (2) freestanding business
signs, whether such signs are pylon or ground low profile signs.
9-7-3 Wall BUsiness Signs. One wall business sign shall be permitted per street
frontage for each business occupant within a building. The total of all
waD mounted sign display area shall not exceed fifteen (15) percent of
the total area of the building wall upon which the signs are mounted.
Chanhassen Zoning Ordinance Page Eleven
No individual business sign shall exceed eighty (80) square feet in sign
display area. A wall business sign may be mounted upon any wall of
, a principal building. '
9-7-4 Development Identification Signs. One development identification sign,
not exceeding sixty-four (64) square feet of sign display area, shall be
permitted for each major entrance into any commercial development
of three (3) or more buildings. For the purposes of this. section, "ma-
jor entrance" shall be defined as the intersection of any local or collec-
tor street serving the identified development with any arterial or col-
lector street so designated in Article VI, Section 25. Such signs shall
be located so as not to conflict with traffic visibility or street
maintenance operations, and shall be securely anchored to the ground.
SECTION 8. INDUSTRIAL OFFICE PARK DISTRICTS
The following signs shall be aDowed by permit in any lOP District:
9-8~1 Ground Low Profile Business Signs. One ground low profile business
sign shall be permitted per street frontage, with a maximum of two (2)
such signs per lot. Such signs shaD not exceed eighty (80) square feet
in sign display area nor be greater than eight (8) feet in height. Such
signs shall be located at least ten (10) feet from any property fine.
9-8-2 WaD Business Signs. One waD business sign shall be permitted per street
frontage for each business occupant within a building. The total of all
wall mounted sign display area shall not exceed fifteen (15) percent of
the total area of the building wall upon which the signs are mounted.
No individual business sign shall exceed eighty (80) square feet in sign
display area. A wall business sign may be mounted upon any wall of
a principal building.
9-8-3 Development Identification Signs. One development identification sign,
not exceeding ninety (90) square feet of sign display area, shall be per-
mitted for each major entrance into any Industrial Office Park of three
(3) or more principal buildings. For the purposes of this section, "ma- '
jor entrance" shall be defined as the intersection of any local, collec-
tor or arterial street serving the identified development with any arterial
or collector street so designated in this Ordinance. Such signs shall be
located so as not to conflict with traffic visibility or street maintenance
operations, and shall be securely anchored to the ground.
SECTION 9. CENTRAL BUSINESS DISTRICT
The following signs shall be allowed by permit in the D-3 District:
9.9-1 Wall Business Sign. One waD business sign shall be permitted per street
frontage for each business occupant within a building. The total of all
wall mounted sign display area shall not exceed fifteen (15) percent of
the total area of the buildmg wall upon which the signs are mounted.
No individual business sign shall exceed sixty-four (64) square feet in
sign display area. The design and location of all business signs'in this
district shall be in keeping with the purpose and intent of this Ordinance
and the goals and objectives of the Downtown Redevelopment Plan
of the City. Central Business District signage shall be uniformly designed
to be an integral part of the building's architecture to avoid excessive
signage and to ensure a harmonious appearance throughout the
Downtown area.
9-9-2 Business Directory Sign. One Business Directory Sign shall be permit-
ted per shopping center. The desigil and location of such sign shall be
consistent with the design objectives for wall business signs in this
district. The maximum height for such signs shall be twenty (20) feet
and the total sign display area shall not exceed eighty (80) square feet.
9-9-3 Pylon Business Sign. One pylon business sign, not exceeding sixty-four
(64) square feet in sign display area, shaD be permitted per lot. Such
signs shall be located at least ten (10) feet from any property fine, and
shall not exceed twenty (20) feet in height.
SECTION 10. BONUS, SIGN AREA
To encourage design excellence, the maximum sign areas for certain businesses,
industrial, and directory signs may be increased up to a maximum of ten (10)
percent based on the original sign area fimitation.
9- W-I Ground Profile, free standing and waD signs may be increased as
follows: '
1. When the sign is contructed of solid wood and uses only earth tone
colors.
2. When the sign (except for waD signs) is installed in a landscaped
planter.
SECTION 11. INSPECTION
All signs for which a permit is required shall be subject to inspection by the
city building official. At minimum, an annual inspection shall be made. The
building official may order the removal of any sign that IS nOI maintained in
accordance with the maintenance provisions of this Ordinance.
SECTION 12. PERMIT, APPLICATION, VARIANCE AND CITY
COUNCIL APPROVAL
9-12-1 Except as provided in Section 9-3-1, no sign or sign structure shall be
erected, constructed, altered, rebuilt or relocated until a permit has first
been issued by the City.
9-12-2 Sign Application. The following information for a sign permit shall
be supplied by an applicant if requested by the City:
1. Name, address and telephone number of person making
application:
2. A site plan to scale showing the location of lot fines, building struc-
tures, parkingareai, existing and proposed signs and any other
physical features.
3. Plans,location and specifications and method of construction and
attachment to the buildings or placement method in the ground.
4. Copy of stress sheets and calculations.
5. Written consent of the owner or lessee of any site on which the
sign is to be erected.
6. Any electrical permit required and issued for the sign.
7. Such other information as the City shaD require to show full com-
pliance with this and all other laws arid ordinances of the City.
9-12-3 The City Planner upon the filing of any appfication for a permit shaD
examine such plans, specifications and other data. If the proposed sign
compfies with this and other appficable ordinances, the inspector shall
issue a sign permit unless City Council approval is required. If City
Council approval is required, the matter shall be promptly referred to
the Council for action.
9-12-4 Fees. Fees for the review and processing of sign ficense appfication and
variance requests shall be imposed in accordance with the fee schedule
estabfished by City Council resolution.
9-12-5 Variances. The City Council, upon the recommendation of the Plan-
ning commission, may grant a variance from the requirements of this
Section where it is shown that by reason of topography or other condi-
tions, strict compliance with the requirements of this Ordinance would
cause a hardship; provided that a variance may be granted only if the
variance does not adversely affect the spirit or intent of this Ordinance.
Written applicaiion for a variance shall be filed with the Planning'
Department and shall be supplemented with reproducible copies of the
proposed sign. The application shaD be processed in conformance with
the public hearing r.equirements dictated for variances in Article III,
Section I. No variance shall be granted by the City Council unless it
has received the affirmative vote of at least 4/Sths of the full City
Council.
ARTICLE X. MINERAL EXTRACTION
SECTION 1. MINERAL EXTRACTION:
10-1-1 Permit Required. It shall be unlawful for any person, firm or corpora-
tion to remove, store or excavate rock, sand, gravel, clay, silt or other
fikematerial in the City, or to fill or raise the existing surface grades,
without receiving a conditional use permit for mineral extraction. Such
permits may only be issued in the zoning district when mineral extrac-
tion is listed as a conditional use.
10-1-2 Exceptions. An extraction permit shall not be required for any of the
following:
1. Excavation for a foundation, cellar or basem'ent of a building if
a building permit has been issued.
2. Grading a lot in conjunction with building if building permit has
been issued.
3. Excavation by State, County, or City authorities in connection with
construction Or maintenance of roads, highways or utilities.
4. Curb cuts, utility hookups or street openings for which another per-
mit has been issued by the City.
5. Excavations less than one hundred (100) cubic feet.
6. Excavation or grading for agricultural purposes.
7. Excavation or grading in accordance with a development contract
approved under the City's Subdivision Ordinance. ,
8. Excavation or grading on residential lots not in conjunction with
a building permit shaD receive the approval of the City Enginer sub-
'ject to the terms of this Article.
10-1-3 Extraction Permit Appfication. Applicatiorl for the extraction permit
shall be made in writing in the form specified by the City. The applica-
tion shall contain the following information:
1. The correct legal description of the land upon which excavation
is proposed.
.'
Page Twelve Chanhassen Zoning Ordinance
2. The name and address of the applicant, the owner of the land, and
the person or corporation Conducting the actual removal operation.
3. The names and addresses of all adjacent land owners within SOO
feet.
4. The purpose of the proposed excavation.
S. The estimated time required to complete the proposed excavation
and rehabilitation. '
6. The names of the highways, streets or other public roadways within
the City upon which the material shall be transported.
7. Specifications for the following using appropriate maps,
photographs and surveys;
A. The physical relationship of the proposed excavation site to
the community and existing community development.
B. Site analysis information such as trees, depth of topsoil, ad-
jacent and on-site buildings and land uses, flood levels, water-
courses, and elevation and percent slope within one hundred
(100) feet beyond the perimeter of the site.
C. The estimated quantity of materials to be excavated.
D. The depth of water tables throughout the proposed excava-
tion site.
E. The average thickness of overburden on the proposed excava-
tion site.
8. The plan of operation, including processing, if any, the type of
resources or materials to be removed, the nature of the processing
and equipment, location of the processing plant, sources of water,
disposal of water, reuse of water, and the use of explosives.
9. Plans for drainage, wind and water erosion control, sedimentation
ane! dust control, maintenance of security on the proposed excava-
tion site, control of access to open excavation and control of weeds
and unsightly vegetation.
10. A comprehensive rehabilitation plan showing suitable provisions
for reclamation and rehabilitation of the excavated area to a usab;e
condition compatible with the adjacent land such that it will not
become a health or safety hazard or a nuisance. Such plan shall,
as a minimum, include anticipated final elevations, slopes and plans
for the return of subsoil and topsoil. Where the Council deems prac-
tical and necessary, such plan shall also include adjoining related
areas 'where excavations have previously been made which remain
under the control of the applicant or the owner of the land on which
the excavation is proposed.
10-1-4 Public Hearing. Upon receipt of such application, the Council shall
set the matter for a public hearing following the notice provisions re-
quired for a conditional use permit.
10-I-S Issuance of Extraction Permit; Council Action;
I. The Council shall evaluate the application in accordance with the
standards and requirements set forth in this Ordinance.
2. The Council shall issue an extraction permit only upon a finding
that the proposed excavation activities will not be dangerous or
otherwise detrimental to persons residing or working in the vicini-
ty thereof, or to the public health, safety, or welfare, and will not
impair the use, enjoyment, or value of any neighboring property.
3., The Council may attach conditions to protect the public health,
safety and welfare, to avoid traffic congestion or hazard or to pro-
mote conformity of a proposed use with the character of adjoin-
, ing property and uses.
10-1-6' Standards. The following standards shall apply to all extraction
operations;
1. Boundary. Extraction Operations shall be conducted within the con-
fines of the excavation site described in the application.
2. Prohibited Areas. Extraction operations shall not be conducted
within the following;
A. Five (S) feet of the right-of-way of an existing public utility.
B. Thirty (30) feet of the boundary of an adjoining property
which is not being used for extraction 'operations.
C. Twenty-five (25) feet of the right-of-way of a public street or
highway.
3. Fencing. During excavation operations, access to any area where
collections of water are one and one-half (I~) feet 'in depth or more
or where excavation slopes are steeper than one (I) foot vertical
to one and one-half (I ~) feet horizontal and any other areas where
obvious danger to the public exists shall be controlled by a fence
. erected and maintained around the entire site or portions thereof
and shall be a type specified by the Council.
4. Appearance and Screening.
A. All machinery shall be kept operational.
B. Abandoned machinery and rubbish shall be promptly remov-
ed from the excavation site.
C. Within three (3) months after the termination of excavation
operations or within three (3) months after the expiration of
the extraction permit provided by this Ordinance, the appli-
cant or owner shall dismantle buildings and structures inci-
dent to excavation operations and shall grade the excavation
site as well as complete all rehabilitation on the site as provid- ,
_ ed by ihe rehabilitation plan.
D. When required, the'perimeter of the excavation site shall be
planted or otherwise screened.
E. Existing tree and ground cover shall be preserved to the max-
imum extent feasible, ,maintained or supplemented by selec-,
tive cutting, transplanting and replanting of trees, shrubs an<;l
other ground cdver along all setback areas.
S. Excavation Operating Standards.
A. Noise. Maximum noise level at the perimter of the excavation
site shall comply with the limits or standards established by
the Minnesota Pollution Control Agency and the United States
Environmental Protection Agency.
B. Hours. All excavation operations shall be conducted between
7;00 a.m. and 7;00 p.m., Monday through Saturday only. The
council may restrict excavation, processing or related opera-
tions on legal holidays if such activities cause noise or other
disturbances offensive to adjacent property owners.
C. Explosives. The use and handling of explosives at the excava-
tion site shall be coordinated with the Police Department.
Blasting shall occur only at hours specified in the extraction
permit.
D. Fugitive Dust. Excavation operators shall use all practical
means to reduce the amount of fugitive dust generated by ex-
cavation operations. In any event, the amount of dust or other
particulate matter generated by the excavation shall not ex-
ceed air pollution standards established by the Minnesota
Pollution Control Agency.
E. Water P.ollution. Excavation operators shall comply with all
applicable Minnesota Pollution Control Agency and Depart-
ment of Natural Resources regulations and all applicable
United States Environmental Protection Agency regulations
'for the protection of water quality. No waste products or pro-
cessed residue including untreated wash water shall be
deposited in any public waters of the State of Minnesota nor
in or near wetlands.
F. Topsoil Preservation. All topsoil shall be retained at the ex-
cavation site until the completion of rehabilitation work in ac-
cordance with rehabilitation plan.
O. Slopes During Excavation Operations. During the entire period
of operations, ,all excavations other than the working face,
'shall be sloped on all sides to a maximum ratio of one (I) foot
horizontal to one (I) foot vertical, unless a steeper slope is ap-
proved by the City. Where exCavations are adjacent to a public
roadway or other right-of-way, the excavation shall have a
maximum slope of four (4) feet horizontal to one (I) foot ver-
tical. Slopes adjacent to waterways shall not exceed six (6) feet
horizontal to one (I) fooi vertical.
H. Equipment. All equipment and machinery shall be operated
and maintained in such a manner as to minimize dust, noise,
and vibration. Power drives or power-producing machine shall
not be housed or operated less than one thousand (1,000) feet
from a residential use. Access roads shall be maintained in
dust-free conditon by surfacing or other treatment as may be
specified by the city engineer.
I. Processing. Crushing, washing, and refining, or other similar
processing may be authorized by the Council as an accessory
use, provided, however, that such accessory processing shall
not be in conflict with the use regulations of the district in
which the operation is located. Processing shall not be per-
mitted fn R-districts.
J. Council Waiver. The Council, at the time of issuance of the
extraction permit, may waive or modify any of the provisions
in this Section or impose additional requirements if it finds
that the plan' of operation or other materials submitted with
the' application or other factors make appropriate more
,suitable measures for standards consistent with the public
health, safety and welfare.
6. Rehabilitation Standards.
A. Timing. Rehabilitation shall be a continuing process occur-
ring as quickly as possible after the excavation operation has
moved into another part of 'the excavation site.
B. Slopes. All banks and slopes shall be rehabilitated in ac-
cordance with the rehbilitation plan submitted with the extrac- "
tion permit application. No rehabilitation slope shall be steeper
than four (4) feet horizontal to one (I) foot vertical, except
that steepr slopes may be permitted in accordance with the
rehabilitation plan when the slopes are planned for slope-
related uses including, but not limited to, ski hills and sliding
hills.
C. Surface Rehabilitation. All excavation shall be made either to
'a water producing depth, such depth to be not less than five
(S) feet below the low water mark, or shall be graded or
backfilled with nonnoxious, noninflammable and noncum-
bustible solids, to secure (I) that the excavated area shall not
collect and perin it to remain therein stagnant water; or (2) that
the surface of such area which is not permanently submerged
is grad'ed or backfilled as necessary so as to reduce the peaks
and depressions thereof - so as to produce a gently running
surface ,that will minimize erosion due to rainfall and 'which
will be in substantial conformity, to the adjoining land area
and four (4) inches of black ~opsoil shall be placed on all areas,
except beaches, that will remain above water level, and planted
with ground cover sufficient to contain the soil.
D. Slopes to Water Bodies. No slope descending to a water body
shall exceed one (I) foot vertical to six (6) feet horizontal.
E. Water Bodies. All water areas resulting from excavation shall
be rehabilitated as follows; All standing water bodies shall
either be filled with acceptable fill materials at the end of each
excavation construction season or preserved in the discretion
of the City, consistent with the public health, safety and
welfare.
10-1-7 Special Requirements. The Council, as a prerequisite to the issuance
of an extraction permit, or after an extraction permit has been granted,
may require the applicant or owner of the premises to:
I. Reimburse the City for the,most of periodic inspections for the pur-
pose of determining that the provisions of the extraction permit
and this ordinance are being followed.
2. Submit to the Council a detailed map of the streets on which the
material removed shall be transported (haul roads). The City shall
inspect the haul roads proposed to be used by the applicant or owner
and shall recommend to the Council necessary upgrading ot repair-
ing of the haul roads prior to their use by the,applicant or owner.
The Council shall designate the haul roads and shall incorporate
the recommendations of the responsible City officials in the extrac-
tion permit issued to the applicant. It shall be the responsibility
of the applicant or owner to maintain the haul roads in accoidance
with the provisions set forth in the permit. The City shall periodical-
ly inspect haul roads to insure compliance with the permit. During
the period of or upon completion of the excavation operations, the
applicant or owner shall make any necessary repairs to the haul
roads as recommended by the City. All costs of inspection provid-
ed for in this paragraph shall be borne by the applicant or owner.
The use of the haul roads shall be further subject to any road and
weight restrictions imposed by the City.
3. Submit annually in writing to the Council the estimated quantity
of minerals to be excavated. If the quantity of minerals to be ex-
cavated is for any reason likely to exceed the original estimate berein
required, the applicant or owner shall notify the Council of the
change in estimated quantity.
4. Comply with such other requirements as the Council shall from
time to time deem proper and necessary for the protection of its
citizens and the general ~elfare.
10-1-8 Inspections. The City may inspect all excavation sites where an extrac-
tion permit has been issued. The operator or owner of 'any excavation
operation found in'violation of the requirements of this Ordinance or
its extraction permit shall remedy such violations within the time
specified by written notice from the City.
10-1-9 Duration of Extraction Permit. The excavation license shall run from
January 1 through December 31 of the same year or for a lesser period
of time as the Council may specify at the time of issuance of the ex-
"0-
I
l I
CITY OF
CHANHASSEN
PROPOSED ZONING MAP
OEC. 1986
LElIDD
It. 1 - AGRlClI.:n.FlAl PRESERVA lION DISTRICT
102 - AGRIC\JI.:T1.lRAL ESTATE OlSTmCT
RR . AUW. RESDENTAL OISTmCT
RSF - SNQlf FAMI.. Y RESlDENTIAL. DISTRICT
R4 - Ir.'IXED LOW DENSITY RESIOEHTlAl DISTRICT
R8" - lr,4IXED l.IE[lU.t 0ENSlTY RESDENl1AL DISTRICT
Rt2 - HIGH DENSITY RE$I:lENTJAL DISTRICT
BN - tEIGl-eORHOOO BUSINESS DISTRICT
8H - HIGHWAY l BUSINESS SERVICES DISTRICT
CBO - CENTRAL BUSINESS DISTRICT
8G. - GENER"Al. BUSINESS DISTRICT
SF - fRINGE BUSINESS DISTRICT
Ol - OFFJCE a INSTTMlONAL DISTRICT
lOP - NlUSTRlAL OfFICE PARK DISTRICT
Pl.() - PlANNEO LNT DEVElOPMENT OISTRICT
NE - NA~ ENVIRONMENT LAKE
FtO - RECREATIONAL DEVE1...OPtJENT LAKE
1
I"
-
..---:...
==--=j
=l
w:J U:-t..J-
traction permit. If the extraction permit is to run for less than a full
year, the fee shall be prorated as determined by the council.
10-1- I 0 Extraction Permit Fee. The applicant or owner of the premises on which
the excavation operation is located shall annually submit to the Coun-
cil written estimates of; ,
I. The total area' of the mineral extraction operation (expressed in
acres) to be actively mined during the forthcoming year; and
2. The total area for which an extraction permit permitting mineral
extraction operations has been granted (expressed in acres) which
will not be actively mined in the forthcoming year.
The Council shall, by Resolution, establish an annual per acre per-
mit fee.
10-1-11 Surety Bond. The Council shall require the applicant or'owner of the
premises on which the excavation operation is located to post a surety
bond with a surety acceptable to the City, cash escrow or letter of credit
("security") in an amount determined by the City Council, running
to the City, conditioned to pay the City the extraordinary cost and ex-
pense of repairing any streets where such repair work is made necessary
by the special burden resulting from hauling and travel, and removing
material from any pit or excavation, and conducting required rehabilita-
tion and conditioned further to comply with all the requirements of
this Ordinance and the particular extraction permit, and to pay any
expense the City may incur by reason of doing anything required to
be done by any applicant to whom a,permit is issued. The security shall
remain in full force and effect for a minimum period of one (I) year
after expiration of the extraction permit to guarantee the required
rehabilitation, as well as the other requirements herein provided.
ARTICLE XI. MISCELLANEOUS
SECTION I. VIOLATIONS, ENFORCEMENT, EFFECT AND VALIDITY
11-1-1 Violations and Penalties. Violation of this ordinance is a misdemeanor
punishable by up to 90 days in jail and a S700 fine. Each day that" a
violation continues shall constitute a separate offense.
I I -1-2 Enforcement.
I. The City Manager or authorized representative shall conduct and
supervise the enforcement of this ordinance with the assistance of
the City attorney, building and zoning official, Police Department
and other designated staff. Enforcement actions to be taken by the
City staff shall be authorized by the City Manager.
2. Prior to the institution of legal proceedings, the City Manager may,
by written order, suspend, revoke or modify any permit or
authorization issued pursuant to this Ordinance on information and
belief that the permit has been issued in error on the basis of incor-
rect or inadequate information, or that the work is not being per-
formed in compliance with this Ordinance or with tire provisions
of any permit issued pursuant hereto. The City Manager, in addi-
tion, may issue an order to the owner or occupant of any premises
to cease and desist the use of such premises immediately,'when such
premises are being used in a manner creating substantial hazard
to the public health, safety or welfare, or in violation of any per-
mit issued pursuant hereto. The City Manager shall have the power
to prevent unlawful erection, construction, reconstruction, altera-
tion, repair, conversion, maintenance, or use of lands or structures
within the City and to restrain, correct or abate such violations,
or to prevent the occupancy, of buildings, structures or lands, or
prevent any illegal act, conduct, business, or use on or about said
premises and may use the City Attorney, police and other person-
nel in accomplishing these duties. "
1 I - I -3 Validity. Should any action or provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid such decision shall
not affect the validity of this ordinance as a whole, or any part thereof,
other than the part so dedarCcl to be invalid. If this Ordinance or any
provision herein is held to be inapplicable to any person, property or
work, such holding shall not affect the applicability hereof to any other
perso'ns, property or work.
SECTION 2. REPEAL
Ordinance Nos. 36,,47, 60, 6S, and 68 and all amendments thereto are hereby
repealed.
SECTION 3. EFFECTIVE DATE
This Ordinance shall be in effect upon its publication.
Adopted this ISth day of December, 1986.
CITY OF CHANHASSEN
BY; Thomas Hamilton, Mayor
ATTEST;
- Don Ashworth, City Manager/Clerk
Published in'the papers of WEEKLY NEWS, INC. this 19th day of
February, 1987.
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