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Ordinance 651CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.651 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 4, LICENSE, PERMIT, AND ADMINISTRATIVE FEES, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 2-46 of the Chanhassen City Code is amended to read as follows: Sec. 2-46. - Appointment to city committees, commissions, and boards. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the City Council within the time prescribed. The City Council may interview applicants before making appointment. All appointments shall be by majority vote of the City Council. Vacancies during a term shall be filled for the unexpired portion of the term. Section 2. Section 2-46.15 of the Chanhassen City Code is amended to read as follows: Sec. 2-46.15. - Resignations and removal from city committees, commissions, and boards. Members of a city committee, commission, or board may resign voluntarily or may be removed from office by a majority vote of the City Council. Section 3. Section 4-30(a)(1) of the Chanhassen City Code is amended to read as follows: 1. Building permit fees shall be as set forth in Table 1-A. When submittal of plans is required, and the valuation is more than $3,000.00, a plan review fee equal to 65 percent of the permit fee, shall also be charged. Base minimum building valuation shall be as established by the most current version of the International Code Council Building Valuation Data. Section 4. The Chanhassen City Code is amended by adding Section 4-30(b)(8)(c) to read as follows: c) Electronic Message Center..... 300.00 Section 5. The Chanhassen City Code is amended by adding Section 20-109(8) to read as follows: (8) The application shall include a traffic study, if requested by the City. Section 6. The Chanhassen City Code is amended by adding Section 20-110(9) to read as follows: (9) Maintaining an acceptable road system level of service. Section 7. Section 20-266 of the Chanhassen City Code is amended to read as follows: Sec. 20-266. - Recreational beach lots. Intent. The city recognizes that the use of lakeshore as a recreational beach lot may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. (2) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Metropolitan Urban Service Area boundary as depicted in the most recently adopted comprehensive plan. a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service Area boundary into the rural area, the urban recreational beach lot standards will apply. (3) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." (4) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. (5) No recreational beach lot shall be used for overnight camping. (6) Boat launches are prohibited. (7) Overnight storage or overnight mooring of motorized or non -motorized watercraft on recreational beach lots shall be subject to the following limits: a. Docking: A maximum of three motorized or nonmotorized watercraft per allowed dock. 2 ii. If a recreational beach lot allows more than one dock, the allowed boats may be clustered. b. Storage on Racks: i. Nonmotorized watercraft such as canoes, kayaks, paddleboards, windsurfers, sailboards, and small sailboats may be stored overnight only if they are stored on racks specifically designed for their storage. ii. No more than six watercraft may be stored on a rack. iii. The number of racks shall not exceed either four racks or the amount of storage necessary to permit one rack slip per lot served by the beach lot, whichever is less. Under no circumstance may a recreational beach lot have more than 24 rack slips. Sailboat moorings: i. A maximum of three sailboat moorings may be permitted, subject to the requirements of section 20-266(9). (8) A maximum of three docks may be permitted on recreational beach lots, subject to the following standards: a. The recreational beach lot must have at least 200 feet of shoreline per dock. b. The recreational beach lot must have at least 30,000 square feet for the first dock and an additional 20,000 square feet for each additional dock. C. No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. d. No dock shall encroach upon any dock set -back zone. (9) A maximum of three sailboat moorings may be permitted on recreational beach lots subject to the following standards: a. The recreational beach lot must have at least 200 feet of shoreline per sailboat mooring. (10) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. (11) Docking of other watercraft or seaplanes is permissible at any time other than overnight. 3 (12) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. (13) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. (14) All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (15) The use of and location of portable chemical toilets must be reviewed and approved as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreational beach lots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. C. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. f. Only models designed to minimize the potential for spilling may be used. g. Receipt of an annual license from the city's Planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1. Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. 3. Name, address, and phone number of chemical toilet supplier. 4 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. (16) Gazebos may be permitted on recreational beach lots subject to City Council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. C. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high -quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos: screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (17) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the City Council. (18) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. Section 8. Section 20-322(4) of the Chanhassen City Code is amended to read as follows: (4) The date or event that will terminate the use can be identified with certainty. Section 9. The Chanhassen City Code is amended by adding Section 20-573(11) to read as follows: (11) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 10. The Chanhassen City Code is amended by adding Section 20-593(10) to read as follows: (10) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 11. The Chanhassen City Code is amended by adding Section 20-613(9) to read as follows: (9) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 12. The Chanhassen City Code is amended by adding Section 20-633(8) to read as follows: (8) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 13. The Chanhassen City Code is amended by adding Section 20-643(7) to read as follows: (7) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 14. The Chanhassen City Code is amended by adding Section 20-653(8) to read as follows: (8) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 15. The Chanhassen City Code is amended by adding Section 20-673(8) to read as follows: (8) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 16. The Chanhassen City Code is amended by adding Section 20-682(8) to read as follows: (8) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 17. The Chanhassen City Code is amended by adding Section 20-693(5) to read as follows: (5) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 18. The Chanhassen City Code is amended by adding Section 20-713(4) to read as follows: (4) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 19. The Chanhassen City Code is amended by adding Section 20-733(4) to read as follows: (4) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 20. The Chanhassen City Code is amended by adding Section 20-743(7) to read as follows: (7) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 21. The Chanhassen City Code is amended by adding Section 20-753(4) to read as follows: CO (4) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 22. The Chanhassen City Code is amended by adding Section 20-772(4) to read as follows: (4) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 23. The Chanhassen City Code is amended by adding Section 20-793(5) to read as follows: (5) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 24. The Chanhassen City Code is amended by adding Section 20-813(6) to read as follows: (6) Accessory Solar Energy Systems (subject to the requirements of section 20-1093) Section 25. The Chanhassen City Code is amended by adding Section 20-905(7) to read as follows: (7) Where the main entrance does not connect directly to the driveway, a walkway constructed of bituminous, concrete, or other hard surface material at least four feet in width connecting the driveway and main entrance is required. This walkway must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's lot coverage above that permitted by ordinance. Section 26. The Chanhassen City Code is amended by adding Section 20-905(8) to read as follows: (8) A landing not less than three feet in length shall be constructed running the width of any exterior stairs or proposed access door, unless a ten -feet -by -ten -feet patio area is instead required by section 20-905(6). This landing must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's lot coverage above that permitted by ordinance. Section 27. Section 20-921(3)(b) of the Chanhassen City Code is amended to read as follows: b. Pervious pavement systems must be designed to provide for rate and volume control for the first half -inch of treatment area. Treatment area includes the total square footage of the pervious pavement system plus the total square footage of impervious surface draining directly to the pervious pavement system. Section 28. The Chanhassen City Code is amended by adding Section 20-964(7)(1) to read as follows: VA 1. The sale or event proposes to sell merchandise not normally sold or stocked by the occupants of the premises. Seasonal sales permits are exempted from this requirement, as is the sale of goods determined to be accessory to a proposed event (i.e. food truck or concession sales during an event or the limited sale of goods as part of a charity event). Section 29. Section 20-1093 to Section 20-1100 of the Chanhassen City Code is amended to read as follows: Division 10. - Accessory Solar Energy Systems Sec. 20-1093. - Accessory Solar Energy Systems 1) Purpose. It is the intent of this section to meet the goals of the Comprehensive Plan and preserve the health, safety, and welfare of the community's citizens by facilitating the safe, effective, and efficient use of accessory solar energy systems installed to reduce the on -site consumption of utility -supplied electric energy. The following solar energy standards specifically implement the following goal from the Comprehensive Plan: a. Support residential and business solar development that maintains community character. 2) Definitions. In this division, the following terms have the stated meanings: "Active Solar Energy Systems" means a solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. "Building -integrated Solar Energy Systems" means an active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substitution or an architectural or structural component of the building. Building -integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. "Passive Solar Energy System" means a solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. "Solar Collector" means a device, structure, or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. "Solar Collector Surface" means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports, and mounting hardware. "Solar Energy" means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. "Solar Energy System" means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. 3) Standards. a. Applicability. A system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on -site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on -site use may be used by the utility company. b. Exemption. Passive or building -integrated solar energy systems are exempt for the requirements of this section and shall be regulated as any other building element. c. Location. i. Whenever practical, all accessory solar energy systems shall be attached to a building. If not designed to be attached to a building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the building. ii. In residential zoning districts, no portion of any accessory solar energy system shall be located within or above any front or side yard or within any required setback of any property, save that they may be located within rear yards so long as they maintain a minimum rear setback of ten feet. Ground -mounted systems on corner lots may not be located in any yard abutting a street. iii. In non-residential zoning districts, ground -mounted systems must comply with the district's setbacks. d. Height. i. Building- or roof -mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Roof - mounted systems on pitched or hipped roofs may not extend above the peak of the roof. ii. Ground -mounted solar energy systems shall not exceed the maximum accessory structure height within the underlying zoning district. I e. Glare. i. Reflection angles from accessory solar energy system surfaces shall be oriented away from neighboring windows. ii. Accessory solar energy systems shall be designed and located in order to prevent reflective glare towards adjacent street right-of-way. f. Screening. Ground -mounted solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. g. Design. i. Roof -mounted solar collectors shall be flush mounted on pitched or hipped roofs, and shall not extend beyond the exterior perimeter of the building on which the system is mounted. ii. Roof- and building -mounted solar energy systems shall use dark unobtrusive colors or colors that blend with the color of the roof or building. iii. All exterior electrical and/or plumbing lines must be buried below the surface of the ground and shall be placed in a conduit. 4) Permit and Installation: a. A building permit is required and shall be obtained for any solar energy system prior to installation. b. If roof -mounted, documentation shall be provided verifying that the roof can safely support the proposed system. c. The design and installation of accessory solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), or other similar certifying organizations, and shall comply with the Municipal Building Code and with all other applicable fire and life safety requirements. The manufacture specifications shall be submitted as part of the application. d. All grid connected systems shall have an agreement with the relevant utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. 5) Abandonment. If the solar energy systems remain nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove and recycle the abandoned system 10 at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. Sec. 20-1094 - 20-1100. - Reserved. Section 30. Section 20-1118 of the Chanhassen City Code is amended to read as follows: Sec. 20-1118. - Design of parking stalls and drive aisles. (a) Parking spaces shall be designed in conformance with the following: parking stalls shall have a minimum paved dimension of nine feet by 18 feet. Stall and aisle dimensions shall be as noted below for the given angle: *One-way aisles only. Dead end aisles must be provided with a 26-feet by ten feet unencumbered area at the end to facilitate vehicle turning movement. (b) All parking areas except those serving one- and two-family dwellings on local streets shall be designed so that cars shall not be required to back into the street. If deemed necessary for traffic safety, turn -around areas may be required in one- and two-family dwellings. (c) All parking and loading areas, aisles and driveways shall be bordered with raised concrete curbs or equivalent approved by the city. (d) All parking, loading and driveway areas shall be surfaced with asphalt, concrete or equivalent material approved by the city. (e) All parking stalls shall be marked with painted lines not less than four inches wide in accordance with the approved site and building plan. (f) All parking lots shall provide islands for traffic control as needed. (g) All parking areas shall be properly maintained in a neat and serviceable condition. (h) Up to 25 percent of the total number of required spaces may be for compact cars and have minimum paved dimensions as follows: 11 Compact car parking may be provided if the following conditions are met: (1) The parking area shall have a total size of at least 20 stalls; (2) Compact car stalls shall be identified by appropriate directional signs consistent with the city sign ordinance; (3) Compact car stalls shall be distributed throughout the parking area so as to have reasonable proximity to the structure served, but shall not have generally preferential, locations such that their use by noncompact cars will be encouraged; (4) The design of compact car areas shall to the maximum feasible extent be such as to discourage their use by noncompact cars; and (5) Compact parking stalls shall not be permitted for high turnover parking lots. Section 31. Section 20-1122 of the Chanhassen City Code is amended to read as follows: Sec. 20-1122. - Access and driveways. The purpose of this section is to provide minimum design criteria, setback and slope standards for vehicular use. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring a hard surface for all driveways; to limit the number of driveway access points to public streets and to direct drainage toward the street via establishment of minimum driveway slope standards. Parking and loading spaces shall have proper access from a public right-of-way. The number and width of access drives shall be located to minimize traffic congestion and abnormal traffic hazard. All driveways shall meet the following criteria: 1) Setbacks: Driveways shall meet the zoning district's required side yard setback, except in the following circumstances: a. Beginning 20 feet from the front property line driveways may be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel, whichever is greater. b. Encroachment into a side yard drainage and utility easement must be reviewed and approved by the city and requires an encroachment agreement. 12 c. Driveway setbacks may be reduced subject to approval by the City Engineer, if the following criteria are met: i. The lot frontage on a lot that accesses a cul-de-sac "bubble" or neck/flag lot does not permit adequate driveway access width or side yard setback; ii. The driveway will not interfere with any existing drainage Swale or easement in which a utility is contained; iii. An easement encroachment agreement from the Engineering department, if required, is obtained; iv. The driveway must be designed to maintain stormwater drainage runoff on the property to ensure that it will not direct runoff onto adjacent properties; v. Snow storage may not be placed on adjacent properties; and, vi. A minimum 5-foot side yard setback shall be maintained. 2) Separation: On corner lots, the minimum spacing between the edge of the driveway and the corner right-of-way line shall be 30 feet. 3) Grades: Driveway grades shall be between a minimum of one-half of one percent and a maximum of 10 percent at any point in the driveway. The City Engineer may approve driveway grades in excess of 10 percent if they determine that extenuating circumstances exist. Examples of extenuating circumstances include bluffs, existing steep grades, shoreland setbacks, wetland conditions, and tree preservation. 4) Design Standards: All driveways must be constructed in accordance with current construction requirements/details. Additionally, they must adhere to the following standards: a. Within the right of way, driveways should access city streets at 90 degrees. b. Driveways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer. c. Accessory driveways shall be maintained as natural grass or be constructed of bituminous, concrete, or paver surface. d. For A-2, PUD-R for single-family detached houses, RR, RSF, R-4 and RLM for single-family detached residential uses, the width of the driveway access shall not exceed 24 feet at the right-of-way line. Inside the property line of the site, the maximum driveway width shall not exceed 50 feet. For flag/neck lots, the lot coverage of the driveway access within the neck portion of flag/neck lots shall not exceed 33 percent of the neck's area. e. For all uses other than those specified in paragraph (d) above, the width of the driveway access shall not exceed 36 feet in width measured at the roadway right-of-way line. f. For all lots, no portion of the right-of-way may be paved except that portion used for the driveway. 13 g. For all lots, the minimum driveway width shall not be less than 10 feet. h. A turnaround is required on a driveway entering onto a state highway, county road or collector roadway as designated in the comprehensive plan, and onto city streets where this is deemed necessary by the City Engineer, based on traffic counts, sight distances, street grades, or other relevant factors. If the Engineer requires a turnaround, this requirement will be stated on the building permit and the design of the turnaround must be approved by the City Engineer. i. The driveway must be at least the width of the garage door(s) for a distance of 18 feet starting at the garage door and extending outwards. 5) Number of Driveway accesses within residential districts are limited as follows: a. One driveway access is allowed from a single residential lot to the street. b. Separate driveways serving utility facilities are permitted. 6) Permits Required: a. A driveway permit is required when any alteration is made to a driveway in the public right-of-way. b. A zoning permit is required for any other driveway work not in the public right of way to determine if the improvement will meet zoning ordinance requirements. Section 32. Section 20-1565 to Section 20-1580 of the Chanhassen City Code is amended to read as follows: Sec. 20-1565 — 20-1574. — Reserved. ARTICLE XXXII. AIRPORT ZONING OVERLAY DISTRICT Sec. 20-1575. — Establishment of Airport Zoning Overlay District. The Airport Zoning Overlay District shall be applied or superimposed (overlaid) upon all zoning districts within the portions of the City of Chanhassen depicted as being within the area labeled as Airspace Zoning Limit by the text and map contained in Exhibit D — "Airport Boundary and Airspace Zoning Limits" of the Flying Cloud Airport Zoning Ordinance. Sec. 20-1576. — Requirements for Airport Zoning Overlay District. All properties within the Airport Zoning Overlay District are subject to the provisions of the Flying Cloud Airport Zoning Ordinance. Sec. 20-1577. — Flying Cloud Airport Zoning Ordinance. The Flying Cloud Airport Zoning Ordinance adopted on April 10, 2019 by the Flying Cloud Airport Joint Airport Zoning Board, established pursuant to the authority conferred by Minnesota Statutes 360.061 to 360.074, is hereby adopted by reference. 14 Sec. 20-1578 — 20-1580. — Reserved. Section 33. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 9tn day of December, 2019 by the City Council of the City of Chanhassen, Minnesota jj-�- T/dd Gerhardt, City Manager E ise Ryan, Mayor (Summary Ordinance 651 published in the Chanhassen Villager on December 19, 2019) 15 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.651 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 4, LICENSE, PERMIT, AND ADMINISTRATIVE FEES, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE The purpose of these code amendments are as follows: Amend Section 2-46 to delete sentence requiring a four -fifth vote of City Council to remove commissioners and specify commissioner vacancy notification and appointment procedures; and, Amend Section 2-46.15 to delete commissioner vacancy notification and appointment procedures; and, Amend Section 4-30(a)(1) to reference the International Code Council Building Valuation Data when determining base minimum building valuation; and, Add Section 4-30(b)(8)(c) to set a fee of $300.00 for electronic message center sign permit applicants; and, Add Section 20-109(8) to allow the City to require a traffic study as part of a site plan application; and, Add Section 20-109(9) to list maintaining an acceptable road system level of service as a criteria for site plan review; and, Amend Section 20-266 to reference to most recently adopted MUSA, organize subsection 7 into separate clauses addressing docking, storage on racks, and sailboat moorings, rewrite subsections 8 and 9 to improve clarity, place provision governing daytime docking and seaplanes in its own subsection, rewrite subsection 15 to improve clarity, and remove provision allowing adjacent lots under common ownership to consolidate docks; and, Amend Section 20-322(4) to replace date of event with date or event; and, Add Sections 20-573(11), 20-593(10), 20-613(9), 20-633(8), 20-643(7), 20-653(8), 20- 673(8), 20-682(8), 20-693(5), 20-713(4), 20-733(4), 20-743(7), 20-753(4), 20-772(4), 20-793(5), and 20-813(6) to list accessory solar energy systems as permitted accessory uses; and, Add Section 20-905(7) requiring that main entrances of single-family homes be connected to the driveway by a four foot wide walkway constructed of bituminous, concrete, or other hard surface material; and, Add Section 20-905(8) requiring that access doors and exterior stairs of single-family homes have landings, unless a ten -feet -by -ten -feet patio is already required; and, Amend Section 20-921(3)(b) to remove requirement that pervious pavement systems follow the current version of the City of Chanhassen Standard Specification and Detail Plates; and, Add Section 20-964(7)(1) restricting the sale of goods at temporary and special event to those typically sold on site, with an exception for goods clearly accessory to the event; and, Amend Sections 20-1093 to 20-1100 to state the purpose of accessory solar energy system ordinance, define terms relating to accessory solar energy systems, state applicability of ordinance, establish standards for location, height, glare, screening and design of accessory solar energy systems, establish permitting and installation requirements for accessory solar energy systems, and adopt clause to address the abandonment of solar energy systems; and, Amend Section 20-1118 to remove graphical representation of parking lot stall and aisle configurations; and, Amend Section 20-1122 to reorganize the section's 13 subsections into six subsections, require driveways to meet zoning district's side yard setback for first 20 feet of length, require a minimum driveway setback of 5 or the distance of any drainage and utility easement, remove provision referring to areas outside of the Metropolitan Urban Services Area, require driveways to be at least the width of the garage door(s) for a distance of 18 feet, and rewrite various provision to improve clarity; and, Amend Sections 20-1565 to 20-1580 to establish the boundaries of an Airport Zoning Overlay District, subject property's within said overlay district to the Flying Cloud Airport Zoning Ordinance, and adopt the Flying Cloud Airport Zoning Ordinance by reference. A printed copy of Ordinance No. 651 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 9t" day of December, 2019, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on December 19, 2019) 2 CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 651 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 4, LICENSE, PERMIT, AND ADMINISTRATIVE FEES, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE The purpose of these code amendments are as follows: of Publication AffidavitAmend Section 2-46 to delete sentence requiring a four -fifth vote of City Council Southwest Newspapers to remove commissioners and specify commissioner vacancy notification and appointment procedures; and, State of Minnesota) Amend Section 2-46.15 to delete commissioner vacancy )SS. notification and appointment procedures; and, County of Carver ) Amend Section 4-30(a)(1) to reference the International Code Council Building Valuation Data when determiningbase minimum Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized building valuation; and, agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Add Section 4-30(b)(ctro to set a fee of $300.00 for electronic lager and hs full knowledge of te cts herein stated as follows: $ $ message center sign permit applicants; and, (A) These newspapers have complied with the requirements constituting qualification as a legal Add Section 20-109(8) to allow newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as the City to require a traffic study amended. as part of a site plan application; and,109( (B) The printed public notice that is attached to this Affidavit and identified as No. Add Section was ublished on the date or dates and in the newspaper stated in the attached Notice and said p le n acceptable list maintaining an acceptable Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of road system level of service as a criteria for site plan review; and, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Amend Section 20-266 to inclusive, and is hereby acknowledged as being the kind and size of type used in the composition reference to most recently adopted and publication of the Notice: MUSA, organize subsection 7 into separate clauses addressing abcdefghijklmnopgrstuvwxyz docking, storage on racks, and sailboat moorings, rewrite subsections 8 and 9 to improve clarity, place provision governing (,B y: 1 daytime docking and seaplanes —' Laurie A. Hartmann in its own subsection, rewrite subsection 15 to improve clarity, and remove provision allowing adjacent lots under common Subscribed and sworn before me on ownership to consolidate docks; and, Amend Section 20-322(4) to y1. replace date of event with date or event; and, c this j i � 2019 _ - day of s� Add Sections 20-573(11), 20- f 593(10), 20-613(9), 20-633(8), 20 643(7), 20-653(8), 20-673(8), 20- \ - 682(8), 20 693(5), 20-713(4), 20 - 733(4), 20-743(7), 20-753(4), 20 772(4), 20-793(5), and 20-813(6) N ublic to list accessory solar energy systems as permitted accessory uses; and, Add Section 20-905(7) requiring that main entrances of single-family homes be connected to the driveway by a four foot RATE INFORMATION wide walkway constructed of Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch bituminous, concrete, or other hard surface material; and, Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Add Section 2 0 - 9 0 5 (8) Rate actually charged for the above matter ............................................... $13.62 per column inch requiring that access doors and exterior stairs of single-family homes have landings, unless a ten - feet -by -ten -feet patio is already required; and, Amend Section 20-921(3) (b) to remove requirement that pervious pavement systems follow the current version of the City of Chanhassen Standard Specification and Detail Plates; and, Add Section 20-964(7)(1) restricting the sale of goods at temporary and special event to those typically sold on site, with an exception for goods clearly accessory to the event; and, Amend Caetinnc 2n-inaq t 20-1100 to state the purpose of accessory solar energy system ordinance, define terms relating to accessory solar energy systems, state applicability of ordinance, establish standards for location, height, glare, screening and design of accessory solar energy systems, establish permitting and installation requirements for accessory solar energy systems, and adopt clause to address the abandonment of solar energy systems; and, Amend Section 20-1118 to remove graphical representation of parking lot stall and aisle configurations; and, Amend Section 20-1122 to reorganize the section's 13 subsections into six subsections, require driveways to meet zoning district's side yard setback for first 20 feet of length, require a minimum driveway setback of 5 or the distance of any drainage and utility easement, remove provision referring to areas outside of the Metropolitan Urban Services Area, require driveways to be at least the width of the garage door(s)for a distance of 18 feet, and rewrite various provision to improve clarity; and, Amend Sections 20-1565 to 20- 1580 to establish the boundaries of an Airport Zoning Overlay District, subject property's within said overlay district to the Flying Cloud Airport Zoning Ordinance, and adopt the Flying Cloud Airport Zoning Ordinance by reference. A printed copy of Ordinance No. 651 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 9th day of December, 2019, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on Thursday, December 19, 2019; No. 4819)