4. Adopt Chapter 20, ZoningMEMORANDUM
CITYOF
CHANHASSE
/700 Maker B(,uleva~d
?0 Box la7
o u !'assen MN 55317
TO:
FROM:
DATE:
SUB J:
Planning Commission
Bob Generous, Senior Planner
April 20, 2004
Code Amendments, Chapter 20, Zoning
Administration
~ 952 2271100
952 22; t110
Boilding Inspections
F:ix "}52227 190
Engineering
Phc ~e: 952 227116(1
Finance
P!,ue 9522271!,10
kax: 952 227 1110
Park & Recreation
Phon6:952 2271120
~ax 95222,71!1',}
23!0 Cuuite~ Boulevard
P!~oqe 952 2271400
Fax 952227 1404
Planning &
Naloral Resources
Ph:iriu 952227 1130
tax 9522271110
Poblic Works
159! Park R(ad
Phore 95P 227 1300
Fax 952227 1310
Senior Center
Pacqe 952227 !125
ri,
r.~ 952227 1!10
Web Sile
¢,W',N ,i cilal [I~SS~[i fl/~l US
BACKGROUND
The Planning Commission held a public hearing on March 2, 2004, March 16,
2004 and April 6, 2004 to review the proposed changes to Chapter 20. Staff has
drafted the proposed ordinance incorporating these changes for review and
recommendation by the Planning Commission.
DISCUSSION
In reviewing the draft changes to the code, the Planning Commission had several
sections for further discussion, requested clarification or additional information.
Following, based on staff notes are the areas of concern with explanation or
clarification. We have tried to incorporate all the Planning Commission's
comments and recommendations as part of the ordinance.
Section 13 of the draft ordinance (section 20-95 Zoning Compliance Review).
Staff is proposing that this section be added to potentially reduce or eliminate
problems resulting from people constructing improvements on their property that
do not comply with the zoning ordinance. These improvements do not require
building permit review and therefore may "slip through the cracks". The zoning
compliance review would be used to determine that required setbacks, height,
coverage are being maintained.
Section 39. Section 20-405 Wetland standards. We deleted the reference to
between 6 - 8 inches and made language a minimum of 6 inches above the
ordinary high water elevation of the wetland.
Section 40. Section 20-406 Wetland Buffer Strips and setbacks. We have revised
the house pad size from 60' x 40' to 60' x 60' as recommended by the Planning
Commission. However, staff still believes that a building envelop of 3,000 square
feet with minimum buildable depth and width of 40 feet would more accurately
reflect the type of housing units being developed in the community. This issue
also comes up in the subdivision ordinance and the Planned Unit Development
ordinance.
Section 54. Section 20-481 Placement, design and height of structures. There
was concern that our code was inconsistent with the watershed districl. We heard
back from the DNR. Here is Julie's (the Area Hydrologist) reply:
Tile City of Chaohassen, A growing community with sleap ',akes. quality sci~ools a charrumq downtown thriving bLminesses winding tra is arid beautifut parks A great Blase io iive worx and pla!
Planning Commission
Code Amendments, Chapter 20, Zoning
April 20, 2004
Page 2
The rivers in Chanhassen are classified as "Agriculture 8,: Tributary". Structure
setbacks for this classification are 100' (unsewered; with sewage treatment system
setback of '75') and 50' (sewered). Setbacks are measured from the OHW (top of
bank for streams).
This is why we have 50' as opposed to the watershed district's 100'. Our
shoreland ordinance was approved by the DNR because it was consistent with
their rules. The District has chosen to be more restrictive.
I discussed the elimination of the word "additional" from the heading for
setbacks. He agreed with staff that the change would help to clarify the section
since the setbacks are not additional to any other setbacks. The attorney also
stated that the 20-foot setback from right-of-way line of town road, public streets,
or other roads or streets not classified does not include "private streets", which are
merely driveways serving more than one home.
Section 69. Section 20-506 (b) PUD required general standards. We have revised
the house pad size from 60' x 40' to 60' x 60' as recommended by the Planning
Commission. However, staff still believes that a building envelop of 3,000 square
feet with minimum buildable depth and width of 40 feet would more accurately
reflect the type of housing units being developed in the community.
Staff has deleted the draft revision adding section 20-920 regarding privately
owned underground utilities. Staff will work on preparing informational
brochures regarding underground utilities. They will still be required to enter into
an encroachment agreement to go within city easements.
Section 120. Section 20-962 Camping.
The attorney's office has revised the language eliminating a definition of camp
paraphernalia and referencing its use. The intent of the ordinance is to prohibit
people from setting up temporary shelters on their property for an extended period
of time.
Section 124. Section 20-1025 Retaining walls. We have discussed the issue of
the need for engineering of retaining walls with the City Engineer. He
recommends that stage walls, in excess of four feet in height be engineered,
regardless of the separation between retaining walls. We have also eliminated the
specification for materials to be used and simply stated that it must be a durable
material.
Staff has deleted the proposed amendment to section 20-1122 (a) Access and
driveways. Until we can clarify exactly what we want done, we will leave the
existing language in place.
G:XPLAN\bg\city code\PC Memo Zoning 4 20 04.doc
Planning Commission
Code Amendments, Chapter 20, Zoning
April 20, 2004
Page 3
Staff is recommending approval of the proposed ordinance amending Chapter 20
of the City Code.
RECOMMENDATION
Staff recommends that the Planning Commission approve the following motion:
"The Chanhassen Planning Commission recommends approval of the ordinance
amending Chapter 20 of the Chanhassen City Code."
ATTACHMENT
1. Ordinance Amending Chapter 20, Chanhassen City Code.
G'\PLAN\bg\city code\PC Memo Zoning 4 20 04.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20,
ZONING
CHANHASSEN CITY CODE,
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 20, Article I, Section 20-1 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 2. Section 20-5 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Identification of arterial and collector streets.
For purposes of this chapter, the following are identified as arterial and collector streets:
Arterial Streets:
County Road 14
County Road 17
County Road 17
County Road 18
County Road 19
Trunk Highway 5
Trunk Highway 7
Trunk Highway 41
Trunk Highway 101
Trunk Highway 169
Trunk Highway 212
(Pioneer Trail)
(Powers Boulevard)
(Audubon Road south of Lyman Boulevard)
(Lyman Boulevard, west of Trunk Highway 101)
(Galpin Boulevard south of T.H. 5)
Collector Streets:
Audubon Road (north of Lyman Boulevard)
Bluff Creek Drive
Century Boulevard (from West 78th St. to 82nd St.)
Coulter Boulevard
County Road 117 (Galpin Boulevard north of T.H. 5)
Dell Road (south of Trunk Highway 5)
Kerber Boulevard
Lake Drive
Lake Drive East
Lake Drive West
Lake Lucy Road
Longacres Drive
Lyman Boulevard (east of Trunk Highway 101)
Market Boulevard
Minnewashta Parkway
Pleasant View Road
West 78th Street
Section 3. Section 20-26 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Enforcement generally.
The city manager or authorized representative shall conduct and supervise the
enforcement of this chapter with the assistance of the city attorney, building official,
community development director, Carver County Sheriff's Office and other designated
staff. Enforcement actions to be taken by the city staff shall be authorized by the city
manager.
Section 4. Section 20-28 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Board of appeals and adjustments.
(a) Board designation. The planning commission shall act as the board of appeals and
adjustments.
(b) Powers. Pursuant to Minnesota Statutes Section 462.357, subdivision 6, the board
shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city administrative officer in the
enforcement of this chapter;
(2) To hear requests for variances from the literal provisions of this Chapter in instances
where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit and intent of
this Chapter.
(3) To grant permits or approvals for appeals authorized under Minn. Stat. Section
462.359.
Section 5. Section 20-29 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Board of appeals and adjustments variance and appeal procedures.
(a) Form; fee. Appeals and applications for variances shall be filed with the community
development director on prescribed forms. A fee, as established by the city council, shall
be paid upon the filing of an application. The board of appeals and adjustments may
waive the application fee in unusual circumstances.
(b) Hearing. Upon the filing of an appeal or application for variance, the community
development director shall set a time and place for a hearing before the board of appeals
and adjustments on such appeal or application, which hearing shall be held within forty-
five (45) days after the filing of said appeal or application. At the hearing the board shall
hear such persons as wish to be heard, either in person or by attorney or agent. Notice of
such hearing shall be mailed not less than ten (10) days before the date of hearing to the
person who filed the appeal or application for variance, and in the case of an application
for variance, to each owner of property situated wholly or partially within five hundred
(500) feet of the property to which the variance application relates. The names and
addresses of such owners shall be determined by the community development director
from records provided by the applicant.
(c) Decisions of the board. The board shall be empowered to decide appeals and grant
variances, other than variances in conjunction with platting, site plan review, conditional
use permits and interim use permits, when the decision of the board is by an affirmative
vote of 3/4 of the members present. A vote of less than 3/4 of the members present or
any vote on a variance in conjunction with platting, site plan review, conditional use
permits and interim use permits shall serve only as a recommendation to the city council,
who shall then make the final determination on the appeal or variance request within
thirty (30) days after receipt of the board's action. If the board recommends approval, it
may also recommend appropriate conditions. The board shall act upon all appeals and
variance requests within fifteen (15) days after the date of the close of the required
hearing.
(d) Appeal from decisions of the board. A city council member, the applicant, or any
aggrieved person may appeal such decision to the city council by filing an appeal with
the community development director within four (4) days after the date of the board's
decision.
(e) Council action. By majority vote, the city council may reverse, affirm or modify,
wholly or partly, the decision appealed from the board, and to that end the city council
shall have all the powers of the board, or the city council may approve or deny the
variance request. The council shall decide all appeals within thirty (30) days after the
date of the required hearing thereon. In granting any variance, the city council may
attach conditions to ensure compliance with this chapter and to protect adjacent property.
(f) Action without decision. If no decision is transmitted by the board to the city council
within sixty (60) days from the date an appeal or variance request is filed with the
community development director, the council may take action on the request, in
accordance with the procedures governing the board, without further awaiting the board's
decision or recommendation.
Section 6. Section 20-43 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
If a development is proposed adjacent to a lake or will affect the usage of the lake, the
community development director may require an expanded mailing list for sites fronting
on lakeshore where the development would be visible over a larger area. The applicant
is responsible for meeting with affected homeowners.
Section 7. Section 20-56 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Generally.
A variance from this chapter may be requested only by the owner of the property or the
owner's approved representative to which the variance would apply. A variance may not
be granted which would allow the use of property in a manner not permitted within the
applicable zoning district. A variance may, however, be granted for the temporary use of
a single-family dwelling as a two-family dwelling. In granting any variance, conditions
may be prescribed to ensure substantial compliance with this chapter and to protect
adjacent property.
Section 8. Section 20-58 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
General conditions for granting.
A variance may be granted by the board of appeals and adjustments or city council only if
all of the following criteria are met:
(1) That the literal enforcement of this chapter would cause undue hardship. For
purposes of the definition of undue hardship, reasonable use includes a use made by a
majority of comparable property within five hundred (500) feet of it. The intent of this
provision is not to allow a proliferation of variances, but to recognize that in developed
neighborhoods pre-existing standards exist. Variances that blend with these pre-existing
standards without departing downward from them meet this criteria.
(2) That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
(3) That the purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
(4) That the alleged difficulty or hardship is not a self-created hardship.
(5) That the granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel of land
is located.
(6) That the proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or decrease
visibility or site distances, or increases the danger of fire, or endanger the public safety or
substantially diminish or impair property values within the neighborhood.
Section 9. Section 20-60 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Denial.
Variances may be denied by the board of appeals and adjustments and the city council,
and such denial shall constitute a finding and determination that the conditions required
for approval do not exist.
Section I0. Section 20-72 (c) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
No nonconforming use shall be resumed if normal operation of the use has been
discontinued for a period of twelve (12) or more months. Time shall be calculated as
beginning on the day following the last day in which the use was in normal operation
and shall run continuously thereafter.
Section 11. Section 20-72 (d) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Full use of a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the use is lessened or if the intensity of the use is in any
manner diminished for a period of twelve (12) or more months. Time shall be
calculated as beginning on the day following the last day in which the nonconforming
land use was in full operation and shall run continuously thereafter. Following the
expiration of twelve (12) months, the nonconforming land use may be used only in
the manner or to the extent used during the preceding twelve (12) months, or only
land uses which are permitted by this ordinance shall be allowed to be established.
For the purposes of this section, intensity of use shall be measured by hours of
operation, traffic, noise, exterior storage, signs, odors, number of employees, and
other factors deemed relevant by the city.
Section 12. Section 20-73 (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot of record, excluding platted outlots, provided that it fronts on a
public street or approved private street and provided that the structure meets the
minimum requirements of this chapter.
Section 13. Chapter 20, Article II, Division 5 of the City Code, City of Chanhassen,
Minnesota, is hereby amended in its entirety to read as follows:
Zoning Compliance Review.
(a) Zoning compliance review shall be required for the construction of structures which
do not require building permits to determine compliance with zoning requirements
such as setback, site coverage, structure height, etc.:
(1) Agricultural Buildings.
(2) Decks less than 30 inches above the ground and not attached to the principal
structure.
(3) Permanent fences less than six (6) feet in height.
(4) Retaining walls less than four (4) feet in height.
(5) One-story detached accessory structures, used as tool or storage sheds,
playhouses, and similar uses, less than 120 square feet in building area.
(6) Sport courts.
(b) Any zoning compliance review application that fails to meet zoning ordinance
requirements shall be denied by the community development director.
Section 14. Section 20-108 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Exceptions.
Notwithstanding the provisions of section 20-107, the following shall not require site or
building plan approval:
(1) Construction or alteration of a single-or two-family residential building or accessory
building on a lot zoned for residential use;
(2) Enlargement of a building by less than ten (10) percent of its gross floor area,
provided that there is no variance involved and also provided that the community
development director has conducted an administrative review pursuant to section 20-113
of this section;
(3) Changes in the leasable space of a multitenant building where the change does not
intensify the use or require additional parking beyond the capacity of the site;
(4) Construction of buildings for agricultural uses on land zoned and utilized for
agricultural purposes.
(5) Moving a residence or accessory building to any lot zoned A-2, PUD-R, RR, or RSF
provided that the lot and structure siting comply with all applicable zoning ordinance
standards.
Section 15. Section 20-109 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Applications.
Application for a site plan review shall be made to the city planner on forms provided by
the city and shall be filed thirty (30) days in advance of the planning commission meeting
at which it is to be considered. Incomplete or deficient applications shall not be
scheduled for a meeting unless the community development director has determined that
official action is warranted. The application shall also include:
(1) Evidence of ownership or an interest in the property;
(2) The application fee; and
(3) Complete site plans, signed by a registered architect, civil engineer, landscape
architect or other design professional, to include the following:
(4) General:
a. Name of project.
b. Name, address, and telephone number of applicant, engineer, and owner of record.
c. Legal description (Certificate of survey will be required).
d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
e. Vicinity map showing relationship of the proposed development to surrounding
streets, rights-of-way, easements and natural features.
f. Description of intended use of the site, buildings, and structures including type of
occupancy and estimated occupancy load.
g. Existing zoning and land use.
h. Tabulation box indicating:
1. Size of parcel in acres and square feet.
2. Gross floor area of each building.
3. Percent of site covered by building.
4. Percent of site covered by impervious surface.
5. Percent of site covered by parking area.
6. Projected number of employees.
7. Number of seats if intended use is a restaurant or place of assembly.
8. Number of parking spaces required.
9. Number of parking spaces provided including handicapped.
10. Height of all buildings and structures and number of stories.
11. Breakdown of the building area allocated for specific uses, e.g.,
manufacturing, office, retail, showroom, warehouse, etc.
Site and building plan:
a. Property line dimensions, location of all existing and proposed structures with
distance from boundaries, distance between structures, building dimensions, and floor
elevations.
b. Grading and drainage plans showing existing natural features (topography,
wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation
and storm water retention ponds. Plans shall include runoff and storage calculations
for 10 year and 100 year events. If storm water is proposed to be routed to existing
storm water ponds, documentation shall be provided to demonstrate that the
downstream pond is sufficient to accommodate the additional storm water.
c. All existing and proposed points of egress/ingress showing widths at property
lines, turning radii abutting rights-of-way with indicated centerline, width, paving
width, existing and proposed median cuts, and intersections of streets and driveways.
d. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency
access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction
of traffic flow, and traffic-control devices.
e. Landscaping plan in accordance with the provisions of Article XXV.
f. Location, access and screening detail of trash enclosures.
Location and screening detail of rooftop equipment. Screening shall be provided
from the perspective of a point six feet high at all adjacent property lines or from
a distance of 250 feet, whichever is greater.
h. Location and detail of signage including method of lighting, height, width, sign
display area, etc..
i. Lighting location, style, mounting and photometrics.
j. Building elevations from all directions indicating materials and colors. Interior
floor plans may be required.
k. Utility plan identifying size and direction of existing water and sewer lines, fire
hydrants, distance of hydrant to proposed building.
I. List of proposed hazardous materials, use and storage.
m. Proposed fire protection system.
n. Such other information as may be required by the city.
o. Photocomposite images, artistic renderings, or site elevations which depict the
visual impact of the proposed development's design, landscaping, street layout,
signage, pedestrian ways, lighting, buildings, or other details that affect land use
within the city shall be submitted. Such images and renderings shall be from key
vantage points and provide an undistorted perspective of the proposed development
from abutting properties, less intensive land uses, and/or from entryway locations.
Photorealistic imaging or renderings are the appropriate level of resolution.
(6) Within the HC districts, the application shall also include:
a. Building elevations from all directions, indicating materials, colors and
landscaping at installation.
b. Building and site views from Highway 5, the appropriate access boulevard (north
or south of Highway 5), and any other appropriate arterial or collector roadways.
c. Site views showing the relationships of the proposed building or development to
adjacent development, including buffered areas.
d. Drawings of all significant or atypical site features, such as unusual landscaping,
manmade water features other than retention ponds, outdoor sculpture, or other large-
scale artwork and other uncommon constructs.
e. Sample building materials.
f. Sample paving materials, upon the city's request.
(7) Within the BCO district, the application shall also include:
a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing
depicting existing conditions and on a site plan depicting the proposed development
pattern.
b. Calculations and/or drawings that identify the allowable density (number of units
or building coverage) under this Code including lands lying in the Primary and
Secondary Zone. Calculation of allowable density shall specifically exclude lands
classified as bluffs, flood plains and designated wetlands. Calculation of allowable
impervious cover may include bluffs and flood plains but shall specifically exclude
designated wetlands.
Section 16. Section 20-111 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Public hearing.
Upon receipt of a completed application, a date shall be set for review of the site plan
before the planning commission. The review will be held no less than ten (10) days after
mailed notice is sent to the owner of properties located wholly or partially within five
hundred (500) feet of the site, as reflected in the records of the county auditor. The
community development director may require an expanded mailing list for sites fronting
on lakeshore where the development would be visible over a larger area. Following the
hearing or any continuance thereof, the planning commission shall make a
recommendation. The site plan shall be forwarded to the city council with the planning
commission's recommendation for review on the next available agenda. Final approval
of the site plan requires a simple majority vote of the city council.
Section 17. Section 20-113 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Administrative approvals.
Minor site plan and building alterations which do not involve a variance, which are
consistent with the intent of the approval relative to all aspects of the site and building
plans and which are not accompanied by other matters requiring consideration by the
planning commission or city council, may be approved by the community development
10
director. The director is not authorized to approve the principal construction of new
buildings or alterations to existing buildings that would add more than ten (10) percent to
the existing gross floor area. If any application is processed administratively, the
community development director shall render a decision within thirty (30) days and shall
serve a copy of the decision upon the applicant by mail. Any person aggrieved by a
decision of the community development director may appeal the decision to the planning
commission in the manner specified in section 20-109 of this division.
Section 18. Section 20-114 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Sec. 20-114. Conditions.
The planning commission, city council or community development director may impose
conditions in granting approval to site and building plans to promote the intent of this
division and to protect adjacent properties.
Section 19. Section 20-116 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Architectural standards.
(a) It is not the intent of the city to restrict design freedom unduly when reviewing
project architecture in connection with a site and building plan. However, it is in the best
interest of the city to promote high standards of architectural design and compatibility
with surrounding structures and neighborhoods. Architectural plans shall be prepared by
an architect or other qualified person acceptable to the community development director
and shall show the following:
(1) Elevations of all sides of the building;
(2) Type and color of exterior building materials;
(3) A typical floor plan;
(4) Dimensions of all structures; and
(5) The location of trash containers and of heating, ventilation and air conditioning
equipment.
Section 20. Section 20-118 of the City Code, City of Chanhassen, Minnesota, is hereby
repealed.
Section 21. Section 20-201 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
11
Establishment of districts.
The city is divided into the following zoning districts:
Agricultural 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-8" Mixed medium density residential district.
"R-12" High density residential district.
"R-16" High density residential district.
"RLM" Low and medium density residential district.
Business District
"B-N" Neighborhood business district.
"BH" Highway and business services district.
"CBD" Central business district.
"BG" General business district.
"BF" Fringe business districts.
Institutional and Industrial District
"OI" Office and institutional district.
"lOP" Industrial office park district.
Special Districts
"PUD" Planned unit development.
12
"FW" Floodway district.
"FF" Flood fringe district.
"GFP" General flood plain district.
"S" Shoreland district.
"HC-I" Highway 5 central business corridor district.
"HC-2" Highway 5 corridor district.
"BCO" Bluff Creek Overlay District.
Section 22. Section 20-203 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
District boundaries.
Except where referenced on the zoning map, a street or alley line or other designated line
by dimensions shown on the map, the district boundary lines of all districts except the
flood fringe and floodway district, shoreland management district and Bluff Creek
overlay district shall follow lot lines or the centerlines of streets or alleys. Where
interpretation is needed as to the exact location of the boundaries of any district, the
board of appeals and adjustments shall make the necessary interpretation.
Section 23. Section 20-232 (7) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare due to
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Section 24. Section 20-233 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Conditions imposable on permits.
(a) In reviewing applications for conditional use permits, the planning commission
and the council may attach reasonable conditions 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:
(1) Controlling the number, area, bulk, height and location of such uses.
13
(2)
Regulating ingress and egress to the properly and the proposed structures
thereon with particular reference to vehicle and pedestrian safety and
convenience, traffic flow and control 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 compatibility.
(5) Berming, fencing, screening, landscaping or other facilities to protect nearby
property.
(6) Compatibility of appearance.
Section 25. Section 20-236 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Expiration.
If substantial construction has not taken place within one (1) year of the date on which
the conditional use permit was granted, the permit is void except that, on application, the
council, after receiving recommendation from the planning commission, may extend the
permit for such additional period as it deems appropriate. If the conditional use is
discontinued for six (6) months, the conditional use permit shall become void.
Section 26. Chapter 20, Article IV, Division 3 of the City Code, City of Chanhassen,
Minnesota, is hereby amended in its entirety to read as follows:
Section 20-251. Scope.
In addition to all other standards required by section 20-232, the standards in this division
shall apply to conditional uses if they are to be located in agricultural or residential
districts.
Section 20-252. Bed and breakfast establishments.
The following applies to bed and breakfast establishments:
(1) Two (2) off-street parking spaces plus one (1) additional space per rental room
must be provided.
(2) There shall be no more than one (1) employee in addition to the residents.
(3) Establishment must be owner occupied.
14
(4) Not more than five (5) rooms may be rented. All rooms must be located in the
principal dwelling except that one (1) room may be located in a detached
accessory structure.
Section 20-253. Cemetery
(1) The minimum lot size for a cemetery shall not be less than 1 Acre. \
(2) Headstone and markers shall be of natural stone.
(3) Maximum height of a headstone shall not exceed three (3) feet in height above
ground level, two (2) feet six (6) inches in width and six (6) inches in thickness.
An apron of at least four inches in width shall be placed around said marker or
monument at a depth so as to assure no settling or movement of the marker or
monument, which shall be made of concrete, which apron shall also be level
with the surface of the ground, and which shall be affixed to the marker so as to
prevent grass, weeds, or other vegetation from growing between the marker and
apron.
(4) Installation of markers and monuments shall be provided adequate planking to
protect turf and shall remove materials, equipment and refuse immediately upon
completion of work.
(5) Ground water testing shall be done to determine high water table and springs
located on the site
(6) Sufficient maintenance and perpetual care funds shall be in place.
(7) Cemetery hours shall be from sunrise to sunset.
(8) The site shall contain a minimum of 10 parking spaces
(9) Access to the cemetery shall be by means of a collector or arterial roadway.
(10) Mausoleums: maximum size/height 20 feet must maintain district setbacks.
Section 20-254. Churches.
(a) The following applies to churches located inside the Metropolitan Urban Services
Area (MUSA):
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 residential concentration.
15
(2) The structure must be set back fifty (50) feet from all property lines.
(3) Parking areas shall be set back twenty-five (25) feet from streets and
nonresidential property.
(4) No more than seventy (70) percent of the site is to be covered with impervious
surface and the remainder is to be suitably landscaped in conformance with
article XXV.
(b) In addition to the criteria in subsection (a), the following applies to churches located
outside the Metropolitan Urban Services Area:
(1) The following must be provided for review:
a. Location of two (2) drainfield sites.
b. Two (2) soil borings on each drainfield site for a total of four (4) soil
borings.
c. No percolation tests for drainfield sites where the land slope is between
zero and twelve (12) percent.
d. One (1) percolation test per drainfield site where the land slope is between
thirteen (13) and twenty-five (25)percent.
(2) Areas where the land slope exceeds twenty-five (25) percent shall not be
considered as a potential soil treatment site.
(3) The sewage treatment system must be in conformance with chapter 19, article
IV.
(4) School and day care uses accessory to the church use are not permitted unless
approved by the city council.
Section 20-255. Commercial kennels, stables and riding academies.
The following applies to commercial kennels, stables and riding academies:
(l) The structure must be in compliance with chapter 5, article III.
(2) The site must be located on a collector street.
(3) The structure must be a minimum of two hundred (200) feet from wetland area.
Section 20-256. Day care centers.
16
The following applies to Day care centers:
(1) The site shall have loading and drop off points designed to avoid interfering with
traffic and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates
visual and noise impacts on adjoining residential areas.
(3) Each center shall obtain all applicable state, county, and city licenses.
Section 20-257. Electrical substations.
Electrical substations are subject to the following conditions:
(1) The substation must be served by a collector or major arterial street as designated
in the comprehensive plan.
(2) The substation will not have sanitary facilities and will not be used for habitation.
(3) The substation will be located on at least five (5) acres of property.
(4) A six-foot high security fence shall surround the substation.
(5) A landscaping plan shall be submitted for city approval.
(6) Substations shall be a minimum of five hundred (500) feet from single-family
residences.
Section 20-258. Golf Course
(1) Hours of operation shall be from sunrise to sunset.
(2)
Soil must be tested to determine fertilizing requirements. If necessary, the
applicant/owner/lessee shall use slow release fertilizers applied at low rates or
only as needed, use natural organic fertilizers whenever possible. The use of
fertilizers shall be prohibited within the flood plain. Only Phosphorous free
fertilizers shall be used.
(3)
The applicant/owner/lessee shall apply pesticides only when needed. Use
products that are most effective, target specific, and present the least hazards to
people, wildlife, and the environment.
(4)
The applicant/owner/lessee shall apply for and obtain permits from the appropriate
regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota
Department of Health, Minnesota Department of Natural Resources, Army Corps
17
of Engineers and Minnesota Department of Transportation and comply with their
conditions of approval.
(5) Annual reports of fertilizer use shall be provided to the city.
(6) A clubhouse may be permitted on the site. The clubhouse must be shown on
the site plan and must comply with all building and zoning requirements.
(7) A retail pro shop is permitted within the clubhouse. Retail operations shall not
occupy more than 20% of one floor. Retail sales are limited to food, beverages,
and golf related items.
(8) All maintenance and other equipment must be kept in a screened storage area.
(9) The golf course must be accessed from a collector or arterial roadway.
(10) The site design shall minimize golf ball hazards.
(11) Hours of maintenance operation shall be limited to sunrise to sunset.
(12) No outside speaker systems shall be allowed without approval from the city
council.
(13) A water consumption and use study must be submitted to the city for review.
Section 20-259. Golf driving ranges.
The following applies to golf driving ranges with or without a miniature golf course:
(1) The location of the driving range is limited to being adjacent to TH 5 and TH 212
and access must be from a collector or arterial which leads to TH 5 or TH 212.
(2)
(3)
(4)
(5)
(6)
Hours of operation shall be from sunrise to sunset.
Provision of adequate parking areas and submission of landscaping plan shall be
in conformance with article VIII of the zoning ordinance.
No site shall be located within five hundred (500) feet of a single-family
residence.
Buildings on the site may-not exceed eight hundred (800) square feet and shall be
painted in earth tones.
A retail pro shop is permitted. Only prepackaged food may be sold with no
commercial cooking appliance allowed. A 3.2 malt liquor license is allowed
provided the applicant applies and receives approval of a liquor license in
18
accordance with City Code. Retail sales are limited to golf related items and the
pro shop.
Section. 20-260. Group homes.
The following applies to group homes for seven (7) to sixteen (16) persons.
(1) The structure must be in compliance with the state licensing requirement.
(2) The structure must be in compliance with local building and fire codes.
(3) The site will be reviewed annually through a public hearing process.
(4) Septic systems must be in compliance with chapter 19, article IV.
Section 20-261. Hospitals and health care facilities services.
The following applies to hospitals and health care facilities services:
(1) The site shall have direct access to collector or arterial streets, as defined in the
comprehensive plan.
(2) Emergency vehicle access shall not be adjacent to or located across a street from
any residential use.
Section 20-261. Mineral Extraction
(1) Hours shall be 7am to 6 pm Mon-Fri, 9-5 Sat; no hours of operation on Sundays
or holidays.
(2) A restoration plan shall be provided as part of the site plan review process.
(3) Storm water management plans shall be provided as pan of the site plan review
process. Plans shall be submitted with site plan prior to council meeting.
(4) The site must be accessible via an arterial or collector roadway.
(5) Road restoration security deposit must be submitted to the city.
(6) Applicant shall submit a dust control plan.
Section 20-262. Model Home
(1) This criterion applies only to dwelling units which are convened into office space
on a temporary basis, removed following occupancy, or leasing of 90% of the
units or 3 years after opening of development.
19
(2) 5 parking spaces shall be provided.
(3) Lighting shall be provided to ensure safety.
(4) The structure must be located within 150-feet of a paved road surface (ie.
bituminous or concrete roadway).
Section 20-263. Petting farms.
The following conditions will apply to petting farms:
(1) The site must be on and have access to a collector or minor arterial as identified in
the comprehensive plan.
(2) The minimum lot size shall be five (5) acres.
(3) The site must also be used as a residence. Only three (3) full time equivalent non-
resident employees shall be employed on the site per five (5) acres.
(4)
All structures and storage areas must be set back fifty (50) feet from public or
private fights-of-way, and three hundred (300) feet from an adjacent single-family
residence or a minimum of fifty (50) feet from a side lot line, whichever is
greater. The city council may require storage areas to be completely screened by
one hundred (i00) percent opaque fencing or berming.
(5) Parking areas shall be screened from public or private fights-of-way and adjacent
single-family residences.
(6)
Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may
further restrict hours of operation if the use is located adjacent to property guided
residential as identified in the comprehensive plan.
(7) No outdoor speaker systems shall be permitted without approval from the city
council.
(8) Signage shall comply with Article XXVI of the Zoning Ordinance.
(9) Retail sales shall be limited to three hundred (300) square feet in area. Retail
sales shall be limited to petting farm related items.
(10) Animals kept outside must have continual access to shelter to protect them from
the elements and must be in a confined area with fencing.
(11) A termination date shall be established for the interim use permit. The use shall
be permitted until a particular date, until the occurrence of a particular event, or
20
until zoning regulations no longer permit it. Prior to the permit expiring, the
applicant may request an extension to the interim use permit by submitting a
new application. The renewal application will be subject to all city ordinances
including any new ordinances enacted after the original approval.
Section 20-264. Private stables.
The following applies to private stables:
(1) Stables shall comply with chapter 5, article II1.
(2) Stables must be located a minimum of two hundred (200) feet from wetland
areas.
Section. 20-265. Recreational beach lots.
Intent. Based upon experience, it is recognized by the city that the use of lakeshore by
multiple parties 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 two hundred (200) feet of lake frontage.
(2) 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."
(3)
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.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited.
(6)
No recreational beach lot shall be used for purposes of overnight storage or
overnight mooring of more than three (3) motorized or nonmotorized watercraft
per dock. If a recreational beach lot is allowed more than one (1) dock, however,
the allowed number of boats may be clustered. Up to three (3) sailboat moorings
shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers,
sailboards and small sailboats may be stored overnight on any recreational beach
21
lot if they are stored on racks specifically designed for that purpose. No more than
six (6) watercraft may be stored on a rack. The number of racks shall not exceed
the amount of storage necessary to permit one (1) rack slip per lot served by the
beach lot; however, in no case shall there be more than four (4) racks per beach
lot. Docking of other watercraft or seaplanes is permissible at any time other than
overnight.
(7) The maximum number of docks on a recreational beach lot is three (3). No dock
shall be permitted on any recreational beach lot unless the beach meets the
following conditions:
a. Shoreline of at least two hundred (200) feet per dock, and
b. Area of at least thirty thousand (30,000) square feet for the first dock and
additional twenty thousand (20,000) square feet for each additional dock.
(8) No recreational beach lot dock shall exceed six (6) feet in width, and no such
dock shall exceed the greater of fifty (50) feet or 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" 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.
(9) No dock shall encroach upon any dock set-back zone, provided, however, that the
owner of any two (2) abutting lakeshore sites may erect one (1) common dock
within the dock setback zone appurtenant to the abutting lakeshore sites, if the
common dock is the only dock on the two (2) lakeshore sites and if the dock
otherwise conforms with the provisions of this chapter.
(10)
No sail boat mooring shall be permitted on any recreational beach lot unless it
has at least two hundred (200) feet of lake frontage. No more than one (1) sail
boat mooring shall be allowed for every two hundred (200) feet of lake
frontage.
(11)
For purposes of this paragraph, the following terms shall mean those beach lots
which are located either within (urban) or outside (rural) the Year 2000
Metropolitan Urban Service Area boundary as depicted in the comprehensive
plan.
ao
Urban recreational beach lot: At least eighty (80) percent of the dwelling
units, which have appurtenant rights of access to any recreational beach lot,
shall be located within one thousand (1,000) feet of the recreational beach
lot.
b. Rural recreational beach lot: A maximum of fifty (50) dwelling units
(including tiparian lots) shall be permitted appurtenant tights of access to
22
(12)
(13)
(14)
(15)
(16)
(17)
the recreational beach lot. Upon extension of the Metropolitan Urban
Service boundary into the rural area, the urban recreational beach lot
standards will apply.
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.
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;
c. Planting and maintenance of trees and shrubs;
d. Erection offences;
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.
To the extent feasible, the city may impose such conditions even after approval
of the beach lot if the city finds it necessary.
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.
The placement of docks, buoys, diving ramps, boat racks, and other structures
shall be indicated on a site plan approved by the city council.
Portable chemical toilets may be allowed 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 recreation
beach lots shall be subject to the following:
23
The minimum setback from the ordinary high water mark shall be seventy-
five (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.
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.
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.
o
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.
(18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock
setback zone.
(19) 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 seventy-five
(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.
24
Maximum size of the structure shall not exceed two hundred fifty (250)
square feet.
d. Maximum height shall not exceed twenty (20) feet.
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.
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.
The following improvements are prohibited in gazebos; screening used to
completely enclose a wall, water and sewer service, fireplaces, and
electricity.
Section 20-266. Sales trailers for residential developments.
Sales trailers are subject to the following conditions:
(1) Trailers are permitted only until a permanent dwelling unit is available to be used
as the sales office/model. At such time, the trailer shall be removed from the site.
(2) Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m.
(3) No outside speaker systems shall be allowed without approval from the city
council.
(4) Lighting shall be downcast, with no flashing, blinking or skylights permitted.
(5) Trailers shall be skirted and landscaped. One (1) trailer shall be permitted per
development.
(6) Trailers shall comply with Minnesota State Building Code requirements.
(7) Off-street hard surface parking for three (3) to five (5) cars shall be provided.
(8) The engineering department shall approve any access from a city street.
Section 20-267. Wholesale and retail nurseries.
(1) Intent. It is the intent of this section to recognize that pre-existing retail nurseries
and garden centers are located within the city and may be in conflict with the
comprehensive plan and zoning ordinance. These establishments pre-date current
25
ordinance standards. To allow for planned and orderly development, the city finds
it necessary to regulate the expansion or intensification of these uses and to
provide standards for any future retail nursery or garden centers. It is the intent of
this section to promote the health, safety, general welfare, aesthetics, and image of
the community by regulating the creation and the expansion of existing retail
nurseries and garden centers. The creation or expansion of these uses will be
allowed only by interim use permit by the city council.
(2) The following conditions will apply to wholesale and retail nurseries:
a. The site must be on a collector or minor arterial as identified in the
comprehensive plan.
b. The minimum lot size is five (5) acres.
All storage and yard areas as well as buildings must be set back fifty (50) feet
from public or private road rights-of-way, and three hundred (300) feet from
an adjacent single-family residence or a minimum of fifty (50) feet from a
side lot line, whichever is greater.
All outdoor storage areas must be buffered from adjacent properties.
Buffering may be accomplished using berms, fencing, landscaping, natural
topography, or increased setbacks. The city council may require storage areas
to be completely screened by one hundred (100) percent opaque fencing or
berming.
Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may
further restrict hours of operation if the use is located adjacent to property
guided residential as identified in the comprehensive plan.
f. Light sources shall be shielded.
g. No outside speaker systems shall be allowed without approval from the city
council.
A termination date shall be established for the interim use permit. The use
shall be permitted until a particular date, until the occurrence of a particular
event, or until zoning regulations no longer permit it. Prior to the permit
expiring, the applicant may request an extension to the interim use permit by
submitting a new application. The renewal application will be subject to all
city ordinances including any new ordinances enacted after the original
approval.
One (1) wall sign not to exceed ninety (90) square feet and one (1) monument
sign not exceeding twenty-four (24) square feet in size or eight (8) feet in
height shall be permitted on the premises. The council may further restrict the
26
size and location of signs if the use is located adjacent to property guided
residential as identified in the comprehensive plan.
Section 27. Chapter 20, Article IV, Division 4 of the City Code, City of Chanhassen,
Minnesota, is hereby amended in its entirety to read as follows:
STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL
DISTRICTS
Section 20-281. Scope.
In addition to the standards required by section 20-232, the standards in this division shall
apply to the conditional uses if they, are located in a business, office, institutional or
industrial district.
Section 20-282. Adaptive reuse of buildings for private business use.
Adaptive reuse of surplus or vacant public or private buildings for private business uses
are subject to the following criteria:
(1)
Only nonretail business uses shall be permitted and all such uses shall be
conducted only within an existing building; no outdoor storage or other outdoor
business activities shall be permitted on the property except accessory parking
and loading, and the use of the premises for recreational activities for which such
facilities are designed.
(2)
Exterior alteration, except for approved signage, which indicates from the exterior
that the building is being utilized for other than educational purposes shall be
prohibited.
(3)
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.
(4) Business identification signage shall be limited to one (1) business directory-type
sign which identifies only the names of businesses located within the building.
(5)
Off-street parking spaces and loading facilities shall be provided for each use in a
manner consistent with the minimum parking and loading requirements in this
chapter for each specific use. In no case shall any existing parking or loading area
be enlarged unless specifically approved by the issuance of a conditional use
permit.
Section 20-283. Automotive Dealers
27
The following applies to truck, automobile or boat sales:
(1) No vehicles which are unlicensed or inoperative shall be stored on the premises.
(2) All repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including, but not limited to, tire
inflation, adding oil and wiper replacement.
(3) No outside storage or display is allowed, except vehicles for sale or rent.
(4) No outside speaker systems shall be allowed without approval from the city
council.
(5) Parking setback shall be applicable for car or truck storage or waiting areas.
(6) No test driving of vehicles on local residential streets is allowed.
(7) A landscaped buffer one hundred (100) feet from any residential zoning district.
(8) All vehicle dealers shall be licensed by the state.
Section 20-284. Automobile rental facilities.
(I) Intent. It is the intent of this section to limit automobile rental facilities to those
that serve the community and neighborhood, and are limited in scope and are
ancillary to a primary use.
(2) The following applies to automobile rental facilities as a conditional use in the
BH, Highway Business District with the following standards:
a. No unlicensed and inoperative vehicles shall be stored on the premises.
b. All maintenance of vehicles shall occur within an enclosed building.
c. No outside storage or display is allowed, except vehicles for rent.
d. No outdoor speaker-system or outdoor telephones shall be allowed without
approval from the city council.
e. Parking setbacks shall be applicable for parking/storage areas.
f. Required customer and employee parking spaces shall not be used for rental
vehicle storage.
g. Vehicle sales are not permitted.
28
h. The number of rental vehicles shall not exceed fifteen (15).
i. Only automobiles owned by the rental agency shall be stored on the property.
j. Parking spaces allocated for rental vehicle storage shall be designated. One
and two-tenths (1.2) parking space shall be provided per rental vehicle.
k. No signs shall be attached to vehicles.
Section 20-285. Bed and breakfast establishments.
The following applies to bed and breakfast establishments:
(1) Two (2) off-street parking spaces plus one (1) additional space per rental room
must be provided.
(2) There shall be no more than one (1) employee in addition to the residents.
(3) Establishment must be owner-occupied.
(4) There shall be five (5) or less rooms for rent.
Section 20-286. Churches
(1) The applicant shall be issued a two year IUP permit, upon renewal of the permit
the applicant shall demonstrate adequate parking, life safety, and adequate
occupancy.
Section 20-287. Commercial kennels and stables.
The following applies to commercial kennels and stables:
(1) No more than one (1) principal structure and two (2) accessory structures shall be
permitted in the rear or side yards. The accessory structures may not cover
more than forty (40) percent of the side or rear yard area. Wetlands shall be
excluded from yard calculations.
(2) The structure must be in compliance with chapter 5, articles II and III.
(3) The site must be located on a collector street.
(4) The accessory structure must be a minimum of two hundred (200) feet from a
wetland area, fifty (50) feet from a public or private road right-of-way, and two
hundred (200) feet from an adjacent single-family residence or a minimum of
fifty (50) feet from a side or rear lot line, whichever is greater.
29
(5) No person shall maintain or operate any commercial kennel or stable without a
permit issued by the city as regulated by the City Code.
(6) A minimum lot size of one (1) acre is required to be licensed for operation of a
commercial kennel or stable.
(7) Every commercial kennel or stable shall be enclosed or fenced in such manner as
to prevent the running at large or escape of animals confined therein.
(8) Both commercial kennels and stables shall be open for inspection by the city
authorities at any time.
(9) It shall be unlawful for any person to own or keep three (3) or more dogs and/or
cats over six (6) months of age on his/her premises in the city without obtaining
a kennel permit pursuant to this section and the City Code.
(10) Light sources shall be shielded.
(11) No outside speaker systems shall be allowed without approval from the city
council.
(12) Compliance with all state and county regulations shall be required.
Section 20-288. Concrete Mixing Plant
(1) Storage of material shall be contained within screened storage yards. Screening
shall comply with Buffer Yard D and F4 Fencing as specified in this chapter.
(2) Hours of operation shall be 7 a.m. - 6 p.m. Mon-Fri, 9 a.m. -5 p.m. Sat, closed
holidays and Sundays.
(3) The site shall have access by means of a collector or arterial roadway.
(4)
An environmental impact statement may be required by the planning commission
or city council regarding environmental performance standards and design criteria
related to:
(a) air pollution,
(b) fire and explosion hazards,
(c) radiation hazards,
(d) electromagnetic radiation and interference hazards,
(e) liquid, gas and solid wastes hazards,
(f) noise standards,
(g) vibration standards,
(h) water quality, and
30
(i) others as may be requested by the city.
Section 20-289. Contracting Yard
(1)
Equipment and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
(2) Vehicles/Equipment shall be stored within an enclosed or screened area.
(3) No unlicensed or inoperable vehicle/equipment shall be stored on premises.
(4) All chemicals shall be stored in proper storage facilities, specified by OSHA
regulations.
(5) The contractor shall be Licensed, Bonded and Insured
Section 20-290. Convenience store with gas pumps.
The following applies to convenience stores with gas pumps:
(1) No unlicensed or inoperable vehicles shall be stored on premises.
(2) No repair, assembly or disassembly of vehicles.
(3) No outside speaker systems shall be allowed without approval from the city
council.
(4) Gas pump stacking area deemed to be appropriate by the city shall not intrude into
any required setback area.
(5) No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles shall be permitted.
(6) Facilities for the collection of waste oil must be provided.
(7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred
(100) feet of any parcel zoned or guided for residential use.
(8) A minimum separation of two hundred fifty (250) feet is required between the
nearest gas pumps on separate parcels.
Section 20-291. Day care centers.
The following applies to day care centers:
31
(1) The site shall have loading and drop-off points designed to avoid interfering with
traffic and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates
visual and noise impacts of adjoining residential areas.
(3) Each center shall obtain applicable state, county and city licenses.
(4) Day care facilities in the IOP district shall be subject to a maximum lot coverage
of sixty-five (65) percent.
(5)
Day care facilities shall submit average annual test results for radon gas. Results
shall be submitted annually on the anniversary of the day of the issuance of the
original occupancy permit. Day care facilities shall comply with all applicable
state and federal requirements pertaining to testing and requiring mitigation
techniques.
(6)
Prior to issuance of a building permit, day care facilities shall conduct tests of
existing noise conditions and submit test results to the city for review. In order
for a building permit to be issued, existing conditions shall comply with
Minnesota Rule 7010.
Section 20-292. Drive-through bank facilities.
Drive-through bank facilities and stacking areas shall be subject to the following
requirements:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be provided with a suitable visual screen from adjacent properties.
(3) Stacking for six (6) cars per aisle shall be provided within applicable parking lot
setbacks.
Section 20-293. Emission control testing stations.
Authorized to undertake emissions and/or safety monitoring required by the State of
Minnesota provided that:
(1) The operation is under contract agreement with the State of Minnesota to provide
these services;
(2) No repairs are performed on the site;
(3) No gas or parts are sold on the site;
32
(4) No outdoor storage of vehicles or related materials;
(5) No diesel testing to be allowed at the site;
(6) State and federal air and noise standards shall be complied with. If problems are
found to exist, the property owner shall be required to pay for any testing deemed
to be required by the city to clarify the situation. An update on compliance shall
be provided by the applicant after six (6) months of operation.
(7) All vehicle stacking shall be provided on-site in designated lanes. Vehicle
stacking in fire lanes, parking areas and other drives shall be prohibited.
Section 20-294. Equipment Rental
(1) Equipment storage must be screened or enclosed. Screening shall comply with
Buffer Yard D and F4 Fencing as specified in this chapter.
(2) No outdoor loud speaker system shall be permitted.
(3) Equipment may be display during business hours only.
(4) Displays may not occupy required parking spaces.
(5) Displays may be located in designated display areas approved by the city.
Section 20-295. Farmer's Market
(1) Trash receptacles and screened dumpsters must be provided. Large dumpsters
must be picked up the day following the close of the farmers market, a minimum
of once per week.
(2) The site shall be maintained and cleaned up on a nightly basis to eliminate debris
or rodent activity.
(3) The site must be accessible via a collector or an arterial roadway.
(4) Sales hours shall be between sunrise and sunset.
(5) A parking plan proportionate to the number of venders shall be submitted for city
review and approval.
(6) Restroom facilities shall be provided.
Section 20-296. Fast food restaurants.
The following applies to fast food restaurants:
33
(1) The site shall be located only on sites having direct access to minor arterial
streets, collectors or service roads.
(2) No outside speaker systems shall be allowed without approval from the city
council.
(3) Stacking areas for drive-through windows shall conform to appropriate parking
setbacks.
(4) Building shall be set back at least one hundred (100) feet and screened from any
adjacent property designated for residential use in the comprehensive plan.
Section 20-297. Food Processing
(1) The site must have access via a collector or arterial roadway.
(2) All loading docks must be screened with berming, landscaping, or other
structures.
(3) Truck parking is permitted on-site only in designated truck parking areas, parking
must be screened.
(4) Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources associated
with the industry or source.
An engineering quality plan detailing best available control technologies and
appurtenances designed to eliminate or achieve the maximum reduction of
odor pollution from an emission point source inclusive of but not necessarily
limited to certain processes, procedures, or operating methods intended to
mitigate or control odor pollution.
A detailed explanation of the specifications and operating parameters of the
best available control technologies, monitoring instrumentation and
equipment, and processes and procedures intended for the mitigation or
control of odor pollution.
A specification of the documentation that will be made available for the city's
review which will verify the data produced by the monitoring equipment, and
which will verify that processes and procedures are conducted consistent with
the specifications in the facility's odor control study and plan.
e. An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control technology,
34
processes, procedures, operating methods, and monitoring instrumentation
designed to mitigate or control odors at the facility inclusive of an approved
completion date.
f. An acknowledgment of the authority of the city and its agents to enter into the
facility or its property in order to investigate complaints and to verify the
facility's adherence to the compliance plan.
Section 20-298. Garden Center
(1) Storage of equipment and landscaping materials shall comply with a minimum F3
fence; as specified in this chapter.
(2) A loud speaker system is prohibited.
(3) Blower, heating system for the nursery must be shielded or muffled from public
view and audibility.
(4) All chemicals must be stored/used as specified by OSHA regulations.
(5) Accessory displays may not occupy more than 20 percent of the site; this includes
but is not limited to plant material and gazebos.
(6) Displays may not occupy required parking spaces.
Section 20-299. Home Improvement Trade
(1) All equipment and material shall be stored in a screened or enclosed area.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in this
chapter.
(2) Hours shall be 7:00 a.m. - 6 p.m. Mon-Fri, 9:00 a.m. - 5 p.m. Sat.
(3) A loud speaker system is prohibited.
(4) A list of chemicals and pollutants used on site must be provided as part of the site
plan review.
(5) All chemicals shall be stored/used as specified by Federal, State, and Local
regulations.
(6) Outdoor assembly and/or building construction are prohibited on site.
Section 20-300. Hotel
(1) The site must be accessed via a collector or an arterial roadway.
35
(2) The site shall have a covered entrance and a separated drop off area, which may
not block the drive isle.
Section 20-301. Lumber Yard
(1) Material and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
(2) A loud speaker system is prohibited.
(3) The site must be accessible via a collector or arterial roadway.
(4) All waste material shall be disposed of by owner or lessee.
(5) Recycling of materials must be provided.
Section 20-302. Major Auto Repair & Body Shops
(1) No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within
closed building except minor maintenance including, but not limited to, tire
inflation, adding oil and wiper replacement.
(3) No public address system.
(4) No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles.
(5) Disposal of vehicle fluids shall comply with PCA regulations.
(6) Facilities for the collection of waste oil must be provided.
Section 20-303. Mineral Extraction
(1) Hours shall be 7:00 a.m. to 6:00 p.m. Mon-Fri, 9 a.m. - 5 p.m. Sat; no hours of
operation on Sundays or holidays.
(2) A restoration plan shall be provided as part of the site plan review process.
(3) Storm water management plans shall be provided as part of the site plan review
process. Plans shall be submitted with site plan prior to council meeting.
(4) The site must be accessible via an arterial or collector roadway.
36
(5) The use of explosives shall comply with state and federal regulations. Property
owners within 1,000 feet of the site boundary shall be notified at least 48 hours
prior to the use of explosives.
(6) Road restoration security deposit must be submitted to the city.
(7) Applicant shall submit a dust control plan.
Section 20-304. Motel
(1) Parking: shall be located in the interior/behind building.
(2) Access is limited by means of a collector or arterial roadway.
(3) Height of structure shall be limited two stories/30 feet.
Section 20-305. Motor Freight Terminal
(1) Access shall be limited to a collector or arterial roadway.
(2) Trailer storage shall be screened; screening shall comply with Buffer Yard D and
F4 Fencing as specified in this chapter.
(3) Loading docks must be located away from or screened from public view.
(4) Sufficient parking shall be provided on site to prevent on-street parking of trucks.
(5) Trailer parking shall be provided on-site.
Section 20-306. Motor fuel and service stations.
The following applies to motor fuel stations:
(1) No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
(2) All repair, assembly, disassembly and maintenance of vehicles shall occur within
a closed building except minor maintenance including, but not limited to, tire
inflation, adding oil and wiper replacement.
(3) No public address system shall be audible from any residential parcel.
(4) Stacking areas deemed to be appropriate by the city shall meet parking setback
requirements.
37
(5) No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or allbterrain vehicles shall be permitted.
(6) Disposal of waste oil shall comply with Minnesota Pollution Control Agency
regulations. Facilities for the collection of waste oil must be provided.
(7) Gas pumps and/or storage tank vent pipes shall not be located within one hundred
(100) feet of any parcel zoned or guided for residential use.
(8) A minimum separation of two hundred fifty (250) feet is required between the
nearest gas pumps on separate parcels.
Section 20-307. Research Lab
(I) All chemicals and pollutants and waste must be stored, used and disposed of
according to OSHA and Hazmat regulations and standards.
(2) The building must be secure from persons other than laboratory personnel.
(3) No outdoor experiments that cause hazards or excessive noise or odors shall be
permitted on site.
Section 20-308. Screened outdoor storage.
The following applies to screened outdoor storage:
(1) All outdoor storage must be completely screened with one-hundred-percent
opaque fence or landscaped screen.
Section 20-309. Small Vehicle Sales
(1) No inoperable vehicles shall be stored on premises except in appropriately
designed and screened storage areas.
(2) Display during business hours only.
(3) Displays must be in designated display areas, may not occupy required parking
spaces.
(4) All repair, assembly, disassembly and maintenance of vehicles shall occur within
a building.
(5) No outside speaker systems shall be allowed without approval from the city
council.
38
(6) Disposal of vehicle fluids shall comply with PCA regulations. Facilities for the
collection of waste oil must be provided.
Section 20-310. Supermarket
(1) Delivery routes are limited to collector or arterial roadways and prohibited
through residential districts.
(2) Loading docks must be screened from public view.
(3) Waste compaction equipment shall be enclosed within a building or structure.
Section 20-311. Temporary Classroom Structures
(1) All structures must be removed before or on permitted ending date.
(2) Design Standards shall include skirting along the bottom of the structure.
(3) Landscaping must be provided around structure.
(4) Pedestrian access shall be provided including access in conjunction with the
principle structure.
Section 20-312. Temporary outdoor sales.
(1) Purpose. Temporary outdoor promotional and sales activities are subject to
issuance of an administrative permit and the requirements of this section. It is the
intent of this section to provide for temporary outdoor events and sales which are
distinguished from permanent outside business activities that are allowed only by
conditional use permit or interim use permit approved by the city council. It is the
intent of this section to promote the health, safety, general welfare, aesthetics, and
image of the community by regulating temporary outdoor sales activities [in the
following manner:]
a. Establish standards which permit businesses an opportunity to conduct
temporary outdoor sales;
i. Ensure that temporary sales do not create safety hazards by occupying
required parking spaces, emergency access, or impede the efficient
movement of pedestrian and vehicular traffic;
b. Provide standards, guidelines, and procedures for an administrative review of
temporary sales permits;
c. Provide a means of allowing citywide retail promotions;
39
Allow certain uses which are seasonal in nature, while providing standards
that will assure compatibility with the underlying zoning district and adjacent
property;
e. Provide the public with direct access to homegrown produce;
f. Allow temporary sales events which require an outdoor location; and
Limit temporary sales to activities which are short-term or seasonal and which
do not require permanent improvements to the site.
(2) Findings. The city finds it necessary for the promotion and preservation of the
public health, safety, welfare and aesthetics of the community that the location,
size, and appearance of temporary sales events be controlled. Further, the city
finds that:
a. Outdoor sales and displays have a direct impact on and a relationship to the
image of the community;
b. An opportunity for merchants to sell produce and seasonal merchandise are an
integral component of economic development;
Co
Temporary outdoor sales events may present an obstacle to effective
firefighting and other emergency services by blocking necessary exits, fire
lanes, or turnaround areas;
Uncontrolled and unlimited outdoor sales and displays adversely impact the
image and aesthetics of the community and, thereby, undermine economic
value and growth; and
e. Uncontrolled temporary sales events may conflict with existing and
neighboring uses.
(3) Application for permit. No person shall engage in any temporary outdoor sales
activity without a permit issued pursuant to this section. The application of a
permit shall be made as follows:
ao
Application for an administrative permit for a temporary outdoor promotional
or sales activity shall be made by the property owner to the community
development director on forms to be provided by the city at least ten (10)
business days prior to the date of the requested event.
b. A written description of the proposed use including requested length of permit
and hours of operation [shall be included on the application].
40
Disputes as to administrative application of the requirements of this section
shall be referred to the planning commission and to the city council for
review.
The application shall be accompanied by a nonrefundable tee which shall be
imposed in accordance with the fee schedule established by the city council.
The intent of this section is to recover costs associated with administering this
article. Permit fees shall reflect the costs of reviewing and processing permits,
as well as costs associated with periodic enforcement activities and
compliance checks.
(4) Required information and plans. The applicant shall provide the following
information and plans:
A concise statement describing the proposed event, including the purpose,
type of merchandise involved, dates and times of operation, number of
employees involved, provisions for on-site security, provisions for on-site
parking, name of person or organization requesting permit, and other pertinent
information required by the planning director to fully evaluate the application;
The community development director may require a copy of an approved site
plan, drawn to scale, for the property or an "as-built" survey, which accurately
represents existing conditions on the site, including entrances and exists, and
bona fide parking and driving areas, and which accurately indicates any
proposed temporary structures, including tents, stands, and signs;
An accurate floor plan of any building on the property, when, in the
judgement of the community development director, such a plan is necessary to
properly evaluate the location of the event and the effectiveness of building
entrances and exits.
(5) Procedure. The application will be processed as follows:
ao
The community development director shall review applications for
administrative permits and shall determine if the proposal is in compliance
with all applicable codes, ordinances, and the specific standards for temporary
promotional and sales activities as set forth in this section. The application
shall also be reviewed by the public safety department and/or other
appropriate review agencies.
A written permit shall be issued to the applicant. Specific conditions to assure
compliance with applicable codes, ordinances, and the standards in this
section shall be attached to the permit.
c. Determination of noncompliance with applicable codes, ordinances, and the
standards in this subsection shall be communicated to the applicant and the
41
application for the permit shall be considered denied; unless, within ten (10)
days of the date of such notice, the applicant submits revised plans and/or
information with which the planning director is able to determine compliance.
(6) Criteria for approval. Criteria for permit approval includes the following:
The event or sales shall be clearly accessory to or promotive of the permitted
or conditional use approved for the site. Only merchandise which is normally
sold or stocked by the occupant(s) on the subject premises shall be sold and/or
promoted, provided that seasonal merchandise and produce may be allowed.
Tents, stands, and other similar temporary structures and temporary vehicles
and mobile equipment may be utilized, provided they are clearly identified on
the submitted plan and provided that it is determined by the community
development director that they will not impair the parking capacity,
emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
The submitted plan shall clearly demonstrate that adequate off-street parking
for the proposed event can and will be provided for the duration of the event.
Determination of compliance with this requirement shall be made by the
planning director, who shall consider the nature of the event and the
applicable parking requirements of the City Code. Consideration shall be
given to the parking needs and requirements of other occupants in the case of
multi-tenant buildings.
d. Property owners and tenants signature(s) are required to locate a temporary
sales event on private property and/or in front of another tenant's space.
The temporary sales event must be consistent with other uses permitted in the
zoning district. No use that is prohibited in a zoning district shall be allowed
as a temporary outdoor sale or activity.
(7) Limitations; general conditions.
a. Permitted temporary sales events are limited to the following:
i. Christmas tree sales.
ii. Seasonal produce stands.
iii. Temporary food and beverage sales.
iv. Sidewalk sales.
42
ii.
iii.
iv.
vi.
vii.
viii.
ix.
xii.
The following shall apply to all proposed temporary outdoor sales activities
allowed by this section in addition to other applicable building and safety code
requirements as determined by the planning director.
Christmas tree sales and produce stands shall be for the period specified in
the administrative permit and, in no case, shall exceed sixty (60) days per
calendar year per property or center. There shall be no more than three (3)
sales activities per year per property or center.
Temporary food and beverage sales prepared on-site and sidewalk sales
shall be permitted for the period specified in the administrative permit and,
in no case, shall exceed fifteen (15) days per calendar year per property or
center with a maximum of a three-day display period.
Christmas tree sales shall expire December 26.
The site shall be cleared and all remaining debris removed from the sales
site on the last remaining day of the permit.
Acceptable space for off-street parking and traffic circulation generated by
the use must be provided. Curb and gutter with drive approaches is desired
to provide safe turn movements.
Lighting shall be compatible with surrounding adjacent uses.
Hours of operation shall be compatible with adjacent uses.
Signage should be limited to window signs, and one (1) outdoor sign no
greater than twenty-four (24) square feet. Special signage for purposes of
traffic direction and control may be authorized by the planning director.
Front yard, side yard, and rear yard setbacks shall be a minimum of ten
(10) feet.
All other pertinent city and state permit must be obtained.
The approved permit shall be kept on the premises for the duration of the
event.
No outside speaker systems shall be allowed without approval from the
city council.
The following shall apply to all proposed temporary outdoor display activities
allowed by this section in addition to other applicable building and safety code
requirements as determined by the planning director.
43
ii.
iii.
V.
Display may not interfere with pedestrian access.
Display may not occupy required parking spaces.
Display must be located adjacent to primary structure.
Display may not have separate lighting from primary structure.
Maximum display height shall be 5-6 feet.
Erection of Display is permitted during business hours only
(8) Administration and enforcement.
ao
The community development director may, upon written notice, suspend or
revoke the temporary sales permit of any person who violates any of the
provisions of this section or any of the conditions of the permit.
If, at any time, a permit under the provisions of this section is suspended or
revoked, it shall thereafter be unlawful for that person or organization to
operate, open, maintain, manage or conduct any temporary sales.
c. Violation of an issued permit or the provisions of this section may be grounds
for denial of future permit applications during a calendar year.
Section 28. Chapter 20, Article IV of the City Code, City of Chanhassen, Minnesota, is
hereby amended by adding Division 5, which shall read as follows:
Interim Use Permits
Sec. 20-320. Purpose and intent.
The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction, and
(2) To allow a use that is presently acceptable but that with anticipated development will
not be acceptable in the future.
Sec. 20-321. Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for interim use
permits shall be the same as those for amendment as provided in article II, division 2,
except that the permit shall be issued after an affirmative vote of a majority of the entire
council. Although specific submissions required to complete an application for an
44
interim 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 and functions, circulation and
parking areas, planting areas and treatment, sign locations and type, lighting, the
relationship of the proposed project to neighboring uses, environmental impacts and
demand for municipal services.
Sec. 20-322. General issuance standards.
The planning commission shall recommend an interim use permit and the council shall
issue interim permits only if it finds, based on the proposed location, that:
(1) The use meets the standards of a conditional use permit set forth in section 20-232 of
the City Code.
(2) The use conforms to the zoning regulations.
(3) The use is allowed as an interim use in the zoning district.
(4) The date of event that will terminate the use can be identified with certainty.
(5) The use will not impose additional costs on the public if it is necessary for the public
to take the property in the future; and
(6) The user agrees to any conditions that the city council deems appropriate for
permission of the use.
Sec. 20-323. Termination.
An interim use permit shall terminate on the happening of any of the following events,
whichever first occurs:
(1) The date stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city's zoning regulations which renders the use nonconforming.
Section 29. Section 20-326 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The purposed of the flood plain overlay district is to provide for the protection and
preservation of water channels and those portions of the adjoining flood plains which are
required to carry and discharge a regional flood and are subject to inundation by regional
floods. It is the intent of the district to be applied to those areas which if left unrestricted
could result in loss of life and property, health and safety hazards, disruption of
45
commerce, utilities and governmental services, extraordinary public expenditures for
flood plain protection and relief and impairment of the tax base. This district is created
and applied in accordance with Minnesota Statutes chapters 103F and 462.
Section 30. The heading for Chapter 20, Article V, Division 2 of the City Code, City of
Chanhassen, Minnesota, is hereby amended to read as follows:
General Flood Plain District (GFP)
Section 31. Section 20-346 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
This division applies to the General Flood Plain District (GFP).
Section 32. Section 20-367 (4) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Levees, dikes, and floodwalls shall not be constructed with the limits of the Floodway
District. Other structural works for flood control such as dams and channel
enlargements that will change the course, current or cross-section of a public water
shall be subject to the provisions of Minnesota Statutes chapter 103G.
Section 33. Section 20-377.1 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Nonresidential structures. Commercial, manufactunng and industrial structures shall
ordinarily be elevated on fill so that their first floor (including basement) is above the
regulatory flood protection elevation but may in special circumstances be flood-proofed
in accordance with the state building code. Structures that are not elevated to above the
regulatory flood protection elevation shall be flood-proofed to FP-1 or FP-2 classification
as defined by the Minnesota State Building Code as adopted. Structures flood-proofed to
FP-3 or FP-4 classification shall not be permitted.
Section 34. Chapter 20, Article V, Division 5 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 35. Section 20-401 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as
sources of food and habitat for a variety of fish and wildlife, and are an integral part of
the community's natural landscape. Wetlands provide the aesthetic benefits of open space
and can be used to provide a natural separation of land uses. It is the intent of this article
to establish a policy of sound stewardship through coordination of regulations that
conserve, protect, enhance, and result in the no net loss of these environmentally sensitive
46
resources. In addition, it is the intent of the city to promote the restoration of degraded
wetlands.
(b) The intent of this article is to avoid alteration and destruction of wetlands. When this
is not feasible, mitigation must be provided to recreate the function and value of lost or
altered wetlands.
(c) This article is adopted in part to implement the Wetland Conservation Act of 1991, as
amended (M.S. 103F.612 et seq.), and the accompanying rules of the Minnesota Board of
Water and Soil Resources (Minn. Rules Chapter 8420, as amended).
(d) This article incorporates by reference the Act and the Rules. Terms used in this
article which are defined in the Act or the Rules have the meanings given there.
Section 36. Section 20-402 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The purpose of this article is to assure the general health, safety, and welfare of the
residents through preservation and conservation of wetlands and sound management of
development by:
(I)
Conducting an inventory and classification of all wetlands within the city and
maintenance of a comprehensive set of official city maps depicting the
approximate location and extent of wetlands.
(2)
Establishment of wetland regulations that are coordinated with flood
protection and water quality programs under the Chanhassen Surface Water
Management Plan.
(3)
Requiring sound management practices that will protect, conserve, maintain,
enhance, and improve the present quality of wetlands within the community.
(4)
Requiring measures designed to maintain and improve water quality in
streams and lakes.
(5) Protecting and enhancing the scenic value of wetlands.
(6)
Restricting and controlling the harmful effects of land development on
wetlands.
(7)
Allowing only development that is planned to be compatible with wetland
protection and enhancement.
(8) Providing standards for the alteration of wetlands when alteration is allowed.
(9) Mitigating the impact of development adjacent to wetlands.
47
(10) Educating and informing the public about the numerous benefits and features
of wetlands and the impacts of urbanization.
(11)
Obtaining protective easements over or acquiring fee title to wetlands as
appropriate.
Section 37. Section 20-403 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Generally. Wetlands shall be subject to the requirements established herein, as well
as restrictions and requirements established by other applicable city ordinances and
regulations. The Wetland Protection Regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland area is located.
(b) Boundaries; maps. Wetland boundaries and wetland types, as established by
officially adopted city maps, shall be prima facie evidence of the location and type of
wetland. The official maps shall be developed and maintained by the planning
department. If an applicant questions whether a wetland exists or disputes its delineation,
the applicant shall have the burden to supply detailed information for reviews supporting
the applicant's position. The applicant shall provide appropriate technical information,
including, but not limited to, topographical survey and soil data deemed necessary for the
city to determine the exact wetland boundary. The community development director
shall make a determination to maintain the officially designated wetland boundary or if
the boundaries need to be corrected on city plans and maps based upon the data that is
supplied. Data for wetland determination shall be certified by a registered engineer,
surveyor, or a qualified wetland consultant. The applicant may appeal the community
development director's determination of the wetland boundary and type to the city
council.
(c) Wetland types. This article establishes three (3) wetland types and one water body
type:
(1) Wetlands, ag/urban.
(2) Wetlands, natural.
(3) Wetlands, pristine.
(4) Utilized.
Section 38. Section 20-404 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
To achieve no net loss of wetland, except as provided under section 20-416 of this article,
or authorized by a wetland alteration permit issued by the city, a person may not drain,
48
grade, excavate, fill, burn, remove healthy native vegetation, or otherwise alter or destroy
a wetland of any size or type. Any alteration to a wetland, permitted by a wetland
alteration permit must be fully mitigated so that there is no net loss of wetlands.
Section 39. Section 20-405 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following standards apply to all lands within and abutting a wetland:
(1) Septic and soil absorption system must be a setback minimum of seventy-five (75)
feet from the ordinary high water mark of the wetland.
(2) The lowest ground floor elevation of a principal structure is three (3) feet above
ordinary high water mark of the wetland.
(3)
Docks and boardwalks shall be elevated a minimum of six (6) inches above the
ordinary high water mark or six (6) inches above the ground level, whichever is
greater. Docks shall only extend from the edge of the wetland in to the lake in
instances where a wetland surrounds or abuts the lake.
(4) Access across a wetland shall be by means of a boardwalk and only upon approval of
a wetland alteration permit.
(5) The city's Best Management Practices Handbook shall be followed.
Section 40. Section 20-406 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) For lots created after (date of ordinance adoption), a buffer strip shall be maintained
abutting all wetlands. All existing vegetation adjacent to a wetland shall be left
undisturbed and applied toward the buffer strip unless otherwise approved by city
council. Buffer strip vegetation shall be established and maintained in accordance to the
following requirements. If the buffer area is disturbed, plant species shall be selected
from wetland and upland plants to provide habitat for various species of wildlife. Buffer
strips shall be identified by permanent monumentation acceptable to the city. In
residential subdivisions, a monument is required for each lot. In other situations, a
monument is required for each three hundred (300) feet of wetland edge. The buffer
strips and structure setbacks shall meet the following standards:
!Wetland Type Pristine Natural Ag/Urban Utilized
Principal and 100' !40' measured 40' measured 0'
Accessory !from the outside from the outside
'Structure ledge of the edge of the
Setback buffer strip buffer strip
Buffer Strip 35'--100' 20 --30' 16.5'--20' 0'
49
Buffer Strip 50' 20' 16.5' 0'
Minimum
Average Width
% of Native Entire Entire Optional Optional
Vegetation in
Buffer Strip
AG/URBAN WETLAND ILLUSTRATION
~UFFEFI
WETt.~ BUFFER STRle
(AVERAGE 10' DEPTH)
The dimensions of the buffer strips may be adjusted by the city based upon the quality of
the wetland, local topographic conditions, and the type and design of development being
proposed. The table above provides minimum and maximum dimensions for the buffer
strip. The use of a meandering buffer strip to maintain a natural appearance is
encouraged. Where roadways are constructed next to a wetland, the average buffer strip
width for the adjacent wetland shall be maintained. Structure setbacks are also described
in the table. On single-family subdivisions in the RSF district, the applicant must
demonstrate that each lot provides sufficient area to accommodate the applicable front
yard setback, sixty-foot by sixty-foot building pad, and a thirty-foot rear yard area. All of
these elements must be provided outside of designated wetland and buffer strip areas.
(b) For lots of record created between (date of ordinance adoption) and December 15,
1992, the buffer strips and structure setbacks shall meet the following standards:
Wetland Type Pristine Natural Ag/Urban Utilized
Principal and I100' 140' measured 40' measured 0'
Accessory from the outside from the outside
Structure edge of the edge of the
Setback buffer strip buffer strip
50
Buffer Strip 20 ' 10 ' 0 ' 0'
Buffer Strip 50' 20' 10' 0'
Minimum
Average Width
% of Native Entire Entire Optional Optional
Vegetation in
Buffer Strip
(c) For lots of record on December 14, 1992 within wetland areas and for lands abutting
a wetland area, the following minimum provisions are applicable unless alternative plans
are approved by the city as outlined in subparagraph (a) above:
Pristine Natural Ag/Urban Utilized
Setback Principal Structure 100' 75' 75' 0'
Section 41. Section 20-407 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) An applicant for a wetland alteration permit must demonstrate that the activity
impacting a wetland has complied with all of the following principles in descending
order of priority:
(1) Avoids the direct or indirect impacts to the wetland that may destroy or diminish
the wetland;
(2) Minimizes the impact to the wetland by limiting the degree or magnitude of the
wetland activity and its implementation;
(3) Rectifies the impact by repairing, rehabilitating, or restoring the affected wetland;
(4) Reduces or eliminates the impact to the wetland over time by preservation and
maintenance operations during the life of the activity; and
(5)
Replaces unavoidable impacts to the wetland by restoring or, if wetland
restoration opportunities are not reasonably available, creating substitute wetland
areas having equal or greater public value as set forth in Minnesota Rules
8420.0530 to 8420.0760. Exceptions to this part are calcareous fens, which are
subject to Minnesota Rules 8420.1010 - 8420.1070.
(b) A wetland alteration permit shall not be issued unless the proposed development
complies with {}20-412, as well as the standards, intent, and purpose of this article.
(c) Sequencing flexibility.
51
Sequencing flexibility cannot be implemented unless alternatives have been
considered and unless the proposed replacement wetland is certain to provide
equal or greater functions and public values as determined based on a functional
assessment reviewed by the technical evaluation panel using a methodology
approved by the Minnesota Board of Water and Soil Resources. The project
sponsor must provide the necessary information and the local government unit
must document the application of sequencing flexibility in the replacement plan
approval.
(2) Flexibility in application of the sequencing steps may be applied, subject to the
conditions in item (1), as determined by the local government unit if:
a. the wetland to be impacted has been degraded to the point where replacement
of it would result in a certain gain in function and public value;
preservation of a wetland would result in severe degradation of the wetland's
ability to function and provide public values, for example, because of
surrounding land uses and the wetland's ability to function and provide public
values cannot reasonably be maintained through other land use controls or
mechanisms;
Co
the only feasible and prudent upland site available for wetland replacement or
development has greater ecosystem function and public value than the
wetland. Although this is a rare circumstance since there will usually be
several options for siting the replacement wetland or development, it may be
appropriate if the project sponsor:
1) demonstrates impact minimization to the wetland;
2) agrees to perpetually preserve the designated upland site; and
3)
completely replaces the impacted wetland's functions and public values;
or
d. the wetland is a site where human health and safety is a factor.
Section 42. Section 20-408 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No person shall drain, excavate in the permanent of semi-permanent flooded areas of type
3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands
without first having a wetland replacement plan or other determination approved by the
city. Draining, grading, excavating, filling, removing of healthy native vegetation, or
otherwise altering or destroying a wetland of any size or type requires a wetland
alteration permit. Activity in a wetland requiring a wetland alteration permit includes,
but is not limited to:
52
(1) Construction of new streets and utilities.
(2)
Creation of ponds or dams and alterations of the natural drainageways of water
courses. This shall only be allowed as part of a mitigation project, or to restore or
improve the function and value of the wetland.
(3) Installation of boardwalks.
(4) Discharge of stormwater runoff in a manner that impacts the wetland.
(b) The city must be notified at least five (5) business days prior to the use of any form of
treatment of wetlands including chemically treating, burning, mowing or biologically
treating wetlands to control nuisance vegetation.
(1) At the time of notification, a person or company will be required to supply the
following information:
a. Location of pond.
b. Area of pond to be treated.
c. Name, address and telephone number of the party responsible for treatment.
d. Name, address and telephone number of person or persons performing the
treatment.
e. Date of treatment.
f. A list of the type of treatments to be used at such time.
g. A statement indicating an understanding of the treatment being applied and its
effect on humans, plants and wildlife.
Section 43. Section 20-409 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
When a wetland alteration permit is issued allowing filling in a wetland, filling must be
consistent with the Chanhassen Surface Water Management Plan and the Minnesota
Wetland Conservation Act. The filling shall not alter the hydrological patterns in the
remainder of the wetland if a portion of the wetland remains unless exempted under
section 20-416.
Section 44. Section 20-410 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
53
Grading.
When a wetland alteration permit is issued allowing grading in a wetland, the following
standards shall be followed:
(1) The grading will not have a net adverse effect on the ecological and hydrological
characteristics of the wetland.
(2) It shall be located as to minimize the impact on vegetation.
(3) It shall not adversely change water flow.
(4) The size of the graded area shall be limited to the minimum required for the
proposed action.
(5) The disposal of any excess graded material is prohibited within the wetland area.
(6) The disposal of any excess graded material shall include proper erosion control
and nutrient retention measures.
(7)
Grading in any wetland area is prohibited during waterfowl breeding season or
fish spawning season, unless it is determined by the city that the wetland is not
used for waterfowl breeding or fish spawning.
(8)
Grading in wetland areas will be required to be mitigated in accordance with the
requirements of this article if the activity results in a loss of function and value of
the wetland.
Section 45. Chapter 20, Article VI, Section 20-411 of the City Code, City of
Chanhassen, Minnesota, is hereby repealed.
Section 46. Section 20-412 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Mitigation intent. Where wetland alteration is approved and mitigation is required
pursuant to city code and Minnesota Rule 8420.0540, mitigation must result in an
improvement to the wetland function and value. Mitigation plans must address water
quality, improvement, and maintenance of preexisting hydrological balance and
wildlife habitat. The wetland function and value will include improvement of water
quality, maintaining hydrological balance, and provision of wildlife habitat.
Mitigation will be performed at ratios required by Minnesota Rule 8420.0546 to
achieve replacement of the wetland function and value.
(b) Mitigation standards. Mitigation of wetlands for function and value should be
restored, created, and enhanced. The mitigation standards found in Minnesota Rule
8420.0550 shall be followed.
54
(c) Mitigation techniques.
(1) Mitigation will be performed at a ratio required by state law.
(2)
Replacement wetlands must replace the wetland function and value that are lost
from a wetland that is drained or filled. The wetland function and value will
include, but is not limited to, improvement of water quality, flood water and
storm water retention, public recreation and education, commercial uses, fish,
wildlife and native plant habitat, and low flow augmentation.
(3) Mitigation shall provide a buffer strip as set forth in this article.
(4) Mitigation shall maintain or enhance the wetland function and values through
the following in ratios set forth in Minnesota Rules §8420.0541:
a. Restoration of completely or partially deteriorated wetlands.
b. Creation of new wetlands.
c. Upland buffer areas.
d. restoration of wetland vegetation.
e. Water quality treatment areas.
(5)
Mitigation, through the buffer strip, shall provide landscaping for nesting and
food for wildlife habitat. The buffer strip landscape shall provide for wildlife
cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses,
herbaceous plants) to encourage wildlife diversity and provide visual variety.
(6)
Wetland mitigation should be undertaken on-site. If this is not feasible,
mitigation should occur locally within the subwatershed. If this is not possible,
mitigation should occur outside the subwatershed, elsewhere in the city. If
mitigation cannot be accomplished on site, or if the city deems it necessary to
perform mitigation off-site, the applicant shall be responsible for purchasing
wetland credits from the state wetland bank.
(d) Construction management and long term wetland maintenance.
(1) The permit holder shall follow the city's best management practices to minimize
direct impacts due to erosion and construction practices and to safeguard wildlife
habitat.
(2) The applicant shall submit an annual report to the City for replacement wetlands
in Chanhassen. The purpose of the annual report is to describe actual wetland
55
restoration or creation activities completed during the past year as well as
activities planned for the upcoming year. The annual report shall include all the
information required of annual monitoring reports by Minnesota Rule 8420.0620
subpart 2.
The applicant shall submit annual monitoring reports as required by Minnesota
Rule 8420.0610. Submission shall continue for at least 5 years or until the
replacement wetland is deemed by the TEP to be fully functional. Where
feasible, the city shall require the permit holder to satisfy long term management
requirements.
Section 47. Section 20-413 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) The applicant for a wetland alteration permit shall furnish the information required by
the city including, but not limited to, a site plan, topographic data, hydrological data,
habitat evaluation procedures for the review of a wetland alteration permit
application, and any other information required by Minnesota Rule 8420.0530. The
community development director shall use discretion regarding the level and
complexity of information required to review the request. A wetland alteration permit
shall not be issued without having been first reviewed by the planning commission
and approved by the city council following the review and hearing procedures set
forth for conditional use permits and the additional requirement of Minnesota Rules
8420.0230. The applicant shall have the burden of proving that the proposed use or
activity complies with the purposes, intent, and other provisions of this article. The
council may establish reasonable conditions which are specifically set forth in the
permit to ensure compliance with requirements contained in this article. Such
conditions may, among other matters, limit the size, kind, or character of the
proposed work; require the construction of other structures; require replacement of
vegetation and wetland function and value; establish required monitoring procedures
and maintenance activity; stage the work over time; require the alteration of the site
design to ensure buffering; require the provision of a performance security.
(b) The Chanhassen City Council shall appoint a person to serve on a technical
evaluation panel. The person must be a technical professional with expertise in water
resources management. Decisions under this ordinance must not be made until after
receiving the determination of the technical evaluation panel regarding wetland public
values, location, size, and/or type if the city council, the landowner, or a member of
the technical evaluation panel asks for such determinations. This requirement does
not apply to wetlands for which such data is included in an approved comprehensive
wetland management plan per Minnesota Rules 8420.0240. The city council may
seek and consider recommendations, if any, made by the technical evaluation panel in
making replacement plan decisions.
56
(c) Decisions made under this article may be appealed to the board of water and soil
resources under Minnesota Rules 8420.0250, after administration appeal rights under
the official controls have been exhausted.
(d) The applicant for a wetland alteration permit is responsible for obtaining all other
necessary permits including but not limited to those required by watershed districts,
Minnesota Department of Natural Resources, Army Corps of Engineers, and
Minnesota Pollution Control Agency prior to the permitted work been commenced.
Section 48. Section 20-416 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Activities exempted by Minnesota Rules 8420.0122 shall be exempted from the
provisions of this article. However, certificates of exemption must be obtained from the
city prior to starting work.
A person conducting an activity in a wetland under an exemption in part 8420.0122 shall
ensure that:
(a) appropriate erosion control measures are taken to prevent sedimentation of the
water;
(b) the activity does not block fish activity in a watercourse; and
(c)
the activity is conducted in compliance with all other applicable federal, state, and
local requirements, including best management practices as listed in part
8420.0112, and water resource protection requirements established under
Minnesota Statutes, chapter 103H.
Section 49. Section 20-417 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Variances from the requirements of this article may be granted in accordance with the
variance provisions of this chapter as regulated by article II, division 3 of this chapter so
long as the variances do not violate the Wetland Conservation Act and rules adopted
under the Act.
Section 50. Section 20-418 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Violation of article VI, wetland protection, or of the terns of a permits issued
thereunder shall be a misdemeanor.
Section 51. Section 20-476 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
57
Statutory authorization. This article is adopted pursuant to the authorization and
policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Pans
6120.2500 through 6120.3900, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462.
Section 52. Section 20-477 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Jurisdiction. The provisions of this article shall apply to the shorelands of the public
waters as classified in section 20-479 of this article. Pursuant to Minnesota
Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than
10 acres in size are exempt from this article. A body of water created by a private
user where there was no previous shoreland is exempt from this article.
(b) Compliance. The use of any shoreland of public waters; the size and shape of lots;
the use, size, type and location of structures on lots; the installation and maintenance
of water supply and waste treatment systems, the grading and filling of any shoreland
area; the cutting of shoreland vegetation; and the subdivision of land shall be in full
compliance with the terms of this article and other applicable regulations.
(c) Enforcement. The community development director is responsible for the
administration and enforcement of this article. Any violation of the provisions of this
article or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined
by law.
(d) Interpretation. In their interpretation and application, the provisions of this article
shall be held to be minimum requirements and shall be liberally construed in favor of
the city and shall not be deemed a limitation or repeal of any other powers granted by
state statutes.
(e) Abrogation and greater restrictions. It is not intended by this article to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this article imposes greater restrictions, the provisions of this article shall
prevail. All other articles inconsistent with this article are hereby repealed to the
extent of the inconsistency only.
Section 53. Section 20-479 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Shoreland classification system. The public waters of Chanhassen have been
classified below consistent with the criteria found in Minnesota Regulations, Part
6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County,
Minnesota.
58
(a) Shoreland area defined. The shoreland area for the waterbodies listed below shall be
as defined in section 1-2 and as shown on the official zoning map.
(c) Lakes.
(1) Natural Environmental Lakes:
Inventory I.D. Number Ordinary High Water
Harrison 10-8W 945.2
Rice Lake 27-132P 699.2
Rice Marsh Lake 10-1P 877.0
St. Joe 10-11P 945.2
Silver 27-136P 898.1
(2) Recreational Development Lake
Inventory I.D. Number Ordinary High Water
Ann 10-12P 955.5
Christmas 27-137P 932.77
Hazeltine 10-14P 916.8
Lotus 10-6P 896.3
Lucy 10-7P 956.1
Minnewashta 10-9P 944.5
Riley 10-2P 865.3
Susan 10-13P 881.8
Virginia 10-15P 929.8
(d) Rivers and streams.
(i) Agricultural:
Minnesota River--From west city boundary to east city boundary.
(2) Tributary streams:
B 1 uff Creek--From Basin 10-209W to Basin 27-132P (Rice Lake).
Riley Creek from Lake Ann (10-12P) to Lake Susan (10-13P).
Riley Creek from Lake Susan (10-13P) to Rice Marsh Lake (10-1P).
Lake Minnewashta (10-9P) to Lake Virginia (l 0-15P).
Basin 10-212 W to Lotus Lake (10-6P).
Purgatory Creek--From Lotus Lake (10-6P) to east city boundary.
59
Assumption Creek - From west city boundary to Minnesota River.
All protected watercourses in Chanhassen shown on the Protected Waters Inventory
Map for Carver County, a copy of which is hereby adopted by reference, that are not
given a classification herein shall be considered "tributary" streams.
Section 54. Section 20-480 (a) (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(3) River/stream lot width standards. There is no minimum lot size requirements for
rivers and streams, except those specified in the underlying zoning district. The lot
width standards for single, duplex, triplex and quad residential developments for
the six (6) river/stream classifications are as follows:
Tributary
Agricultural No Sewer Sewer
Single 150 100 90
Duplex 225 150 115
Triplex 300 200 150
Quad 375 250 190
Section 55. Sections 20-481 (a) and (b) of the City Code, City of Chanhassen,
Minnesota, is hereby amended to read as follows:
(a) Placement of structures on lots. When more than one (1) setback applies to a site,
structures and facilities shall be located to meet all setbacks. Structures and onsite
sewage treatment systems shall be setback (in feet) from the ordinary high water level
for lakes and rivers and the centerline of streams as follows:
Classes of Public Structures Sewage Treatment
Waters Structures Sewered System
Unsewered
Lakes
Natural environment 150 150 150
Recreational 100 75 75
Development
Rivers/Streams
Agricultural and 100 50 75
tributary
One (1) water-oriented accessory structure designed in accordance with section 20-
482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the
ordinary high water level for lakes.
6O
(b) Structure setbacks. The following structure setbacks apply, regardless of the
classification of the waterbody.
Setback From: Setback (in feet)
(1) Top of Bluff 30
(2) Unplatted cemetery 50
(3) Right-of-way line of federal, state, or 50
county highway
(4) Right-of-way line of town road, public 20
streets, or other roads or streets not
classified
Section 56. Section 20-481 (e) (1) b. of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
For rivers and streams, by placing the lowest floor at least three (3) feet above the flood
of record, if data are available. If data are not available, by placing the lowest floor at
least three (3) feet above the ordinary high water level, or by conducting a technical
evaluation to determine effects of proposed construction upon flood stages and flood
flaws and to establish a flood protection elevation. Under all three (3) approaches,
technical evaluations shall be done by a qualified engineer or hydrologist consistent with
Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of flood
plain areas. If more than one (1) approach is used, the highest flood protection elevation
determined shall be used for placing structures and other facilities; and
Section 57. Section 20-481 (e) (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to
shore areas. Stairways and lifts shall meet the following design requirements:
ao
Stairways and lifts shall not exceed four (4) feet in width on residential lots.
Wider stairways may be used for commercial properties, public open-space
recreational properties, and planned unit developments;
b°
Landings for stairways and lifts on residential lots shall not exceed thirty-two
(32) square feet in area. Landings larger than thirty-two (32) square feet may
be used for commercial properties, public open-space, and recreational
properties;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and
built in a manner that ensures control of soil erosion;
61
Stairways, lifts, and landings shall be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf-on conditions, whenever practical; and
Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of this Section are met in addition to
the requirements of Minnesota Regulations, Chapter 1341.
Section 58. Section 20-482 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Generally. Alterations of vegetation and topography shall be regulated to prevent
erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve
historic values, prevent bank slumping, and protect fish and wildlife habitat.
Vegetation shall include but not be limited to grasses, forbs, shrubs, trees and vines.
(b) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated by
section 20-484 of this article are exempt from the following vegetation alteration
standards:?
(2) Removal or alteration of vegetation is allowed subject to the following standards:
ao
Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
conversion to another use outside of these areas is allowable if permitted as
part of a development approved by the city council if an erosion control and
sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
b°
In shore and bluff impact zones and on steep slopes, limited clearing of trees
and shrubs and cutting, pruning, and trimming of trees is allowed to provide a
view of the water from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access paths, beach and
watercraft access areas, and permitted water-oriented accessory structures or
facilities, provided that:
1. The screening of structures, vehicles, or other facilities as viewed from the
water, assuming leaf-on conditions, is not substantially reduced;
2. Along rivers and streams, existing shading of water surfaces is preserved;
62
3. The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards; and
The clearing shall be limited to a strip thirty (30) percent of lot width or
thirty (30) feet, whichever is lesser, parallel to the shoreline and extending
inward within the shore and bluff impact zones.
c. In no case shall clear cutting be permitted.
Section 59. Section 20-483 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Connections to public waters. Excavations where the intended purpose is connection to a
public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this
article and Chapter 7, article III. Permission for excavations may be given only after the
commissioner has approved the proposed connection to public waters.
Section 60. Section 20-486 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The Chanhassen City Council has by formal resolution notified the commissioner of its
program to identify nonconforming sewage treatment systems. Chanhassen will require
upgrading or replacement of any nonconforming system identified by this program within
a reasonable period of time that will not exceed three (3) years. Sewage systems installed
according to all applicable local shoreland management standards adopted under
Minnesota Statutes, section 103F.221, in effect at the time of installation may be
considered as conforming unless they are determined to be failing, except that systems
using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems
with less soil treatment area separation above groundwater than required by the
Minnesota Pollution Control Agency's Chapter 7080 for design of onsite sewage
treatment systems, shall be considered nonconforming.
Section 61. Section 20-501 (9) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Use of traffic management and design techniques including the provision of transit
and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to
area roads and intersections may be required as appropriate. Where appropriate, the
use of transportation demand management strategies may be required within a
project.
Section 62. Section 20-502 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Specific uses and performance standards for each PUD shall be delineated in a
development plan.
63
Each PUD shall only be used for the use or uses for which the site is designated in
the comprehensive plan. Specific uses and performance standards for each PUD
shall be delineated in a PUD development plan.
(2)
Where the site of a proposed PUD is designated for more than one (1) land use in
the comprehensive plan, the city may require that the PUD include all the land
uses so designated or such combination of the designated uses as the city council
shall deem appropriate to achieve the purposes of this article and the
comprehensive plan.
Section 63. Section 20-503 (a) (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The property is located in a transitional area between different land use categories or
on a collector, minor or principal arterial as defined in the comprehensive plan.
Section 64. Sections 20-504 (b) and (c) of the City Code, City of Chanhassen,
Minnesota, is hereby amended to read as follows:
(b) Site plan review under article II, division 6 of this chapter shall be carried out for
each non-single family or duplex principal structure that is proposed.
(c) PUD plans shall be coordinated with and in compliance with provisions of articles V,
VI, and VII of this chapter.
Section 65. Section 20-505 (c) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Density. An increase/transfer for density may be allowed at the sole discretion of the city
utilizing the following factors:
(1) Density within a PUD shall be calculated on net acreage located within the
property lines of the site in accordance with the land use plan.
(2) The area where the density is transferred must be within the project area and
owned by the proponent.
(3)
Density transfer in single-family detached area will be evaluated using the items
listed in section 20-506 or 20-508. Density transfer eligible for multiple-family
areas are not permitted to be applied to single-family areas.
(4)
In no case shall the overall density of the development exceed the net density
ranges identified in the comprehensive plan except as specified in policies
supporting the city's affordable housing goals.
64
Section 66. Section 20-505 (d) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The city may utilize incentives to encourage the construction of projects which are
consistent with the city's housing goals. Incentives may include modification of
density and other standards for developments providing low and moderate cost
housing. Incentives may be approved by the city contingent upon the developer and
the city entering into an agreement ensuring that the housing will be available to low
and moderate income persons for a specific period of time.
Section 67. Section 20-505 (i) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Signs shall be restricted to those which are permitted in the sign plan approved by the
city and shall be regulated by permanent covenants or design standards established in
the PUD Development Contract.
Section 68. Section 20-505 0) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The requirements contained in articles XXIII, and XXV of this Chapter may be applied
by the city as it deems appropriate.
Section 69. Section 20-506 (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Minimum lot size. The standard single-family residential PUD allows lot sizes down to a
minimum of eleven thousand (11,000) square feet (excluding identified wetland areas
from lot calculations). Average lot sizes for the entire PUD shall maintain a minimum
area of fifteen thousand square feet. The applicant must demonstrate that there are a mix
of lot sizes and proposed housing types consistent with the local terrain conditions,
preservation of natural features and open space and that lot sizes are consistent with
average building footprints that will be concurrently approved with the PUD. The
applicant must demonstrate that each lot is able to accommodate a sixty-foot by sixty-
foot building pad without intruding into any required setback area or protective easement.
Each home must also have a minimum rear yard thirty (30) feet deep.
Section 70. Section 20-506 (g) (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Boulevard plantings. Located in front yard areas shall require a mix of over-story
trees and other plantings consistent with the site. A minimum of one over-story tree
must be provided in each front yard. In place of mass grading for building pads and
roads, stone or decorative block retaining walls shall be employed as required to
preserve mature trees and the site's natural topography.
65
Section 70. Section 20-508 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Generally. Single-family attached, cluster, zero lot line, townhouses and similar type
dwelling types may be allowed on sites designed for low, medium or high density
residential uses by the City of Chanhassen Comprehensive Plan.
Section 71. Section 20-508 (e) (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Boulevard plantings. Located in front yards shall require a mix of over-story trees
and other plantings consistent with the site. Landscaped berms shall be provided to
screen the site from major roadways, railroads and more intensive land uses. In place
of mass grading for building pads and roads, stone or decorative blocks retaining
walls shall be employed as required to preserve mature trees and the site's natural
topography.
Section 72. Section 20-517 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(a) In order to receive guidance in the design of a PUD prior to submission of a formal
application, an applicant may submit a concept plan for review and comment by the
planning commission and city council. Submission of a concept plan is optional but
is highly recommended for large PUDs. In order for the review to be of most help to
the applicant, the concept plan should contain such specific information as is
suggested by the city. Generally, this information should include the following
information appropriate to the type of development, e.g., commercial, industrial, or
residential:
(1) approximate building areas, pedestrian ways and road locations;
(2) height, bulk and square footage of buildings;
(3) type, number or square footage or intensities of specific land uses;
(4) number of dwelling units;
(5) generalized development plan showing areas to be developed or preserved; and
(6) staging and timing of the development.
Section 73. Chapter 20, Article IX of the City Code, City of Chanhassen, Minnesota, is
hereby repealed.
Section 74. Section 20-572 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(1) Agriculture.
(2) Antennas as regulated by Article XXX of this chapter.
(3) Arboretums
(4) Day care center for twelve (12) or fewer children.
66
(5) Group home for six (6) or fewer persons.
(6) Public and private parks and open space.
(7) Single-family dwellings.
(8) Temporary real estate office or model home.
(9) Utility Services.
Section 75. Section 20-575 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
For the principal structure, three (3) stories/thirty five (35) feet.
For accessory structures, three (3) stories/thirty five (35) feet.
Section 76. Section 20-576 (4) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Manufactured homes (compliance with section 20-905 is not required).
Section 77. Section 20-592 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "RR" District:
(1) Agriculture.
(2) Antennas as regulated by article XXX of this chapter
(3) Day care center for twelve (12) or fewer children.
(4) Group home serving six (6) or fewer persons.
(5) Public and private parks and open space.
(6) Single-family dwellings.
(7) Temporary real estate office and model home.
(8) Utility services.
Section 78. Section 20-594 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "RR" District:
(1) Churches.
67
(2) Private stables.
(3) Recreational beach lots.
(4) Towers as regulated by article XXX of this chapter.
Section 79. Section 20-595 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, three (3) stories/thirty five (35) feet.
Section 80. Section 20-612 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "RSF" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Day care center for twelve (12) or fewer children.
(3) Group home serving six (6) or fewer persons.
(4) Public and private parks/open space.
(5) Single-family dwellings.
(6) Temporary real estate office and model home.
(7) Utility services.
Section 81. Section 20-615 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and
chapter 18:
(1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots,
the lot area requirements shall be met after the area contained within the "neck" has
been excluded from consideration.
68
(2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul-de-sac
"bubble" or along the outside curve of curvilinear street sections shall be ninety (90)
feet in width at the building setback line. The location of this lot is conceptually
illustrated below.
Lots where fi'ontage is
measured at the setback line.
(3) The minimum lot depth is one hundred twenty-five 125) feet.
(4) Lot width on neck or flag lots and lots accessed by private streets shall be one
hundred (100) feet as measured at the front building setback line. The location of
these lots is conceptually illustrated below.
~4-ECK/FLAG LOTS
10 0' LOT WIDTH
FRONT LOT LI2xlE
S~ET
!
i '"' 'g ' [ i !
: . /;,
__,,/ !1
I I LOT
(5) The maximum lot coverage for all structures and paved surfaces is twenty-five (25)
percent.
(6) The setbacks are as follows:
69
a. For front yards, thirty (30) feet.
b. For rear yards, thirty (30) feet.
c. For side yards, ten (10) feet.
(7) The setbacks for lots served by private streets and/or neck lots are as follows:
a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the
public right-of-way that provides access to the parcel. The rear yard lot line is to
be located opposite from the front lot line with the remaining exposures treated as
side lot lines. On neck lots the front yard setback shall be measured at the point
nearest the front lot line where the lot achieves a one-hundred-foot minimum
width.
b. For rear yards, thirty (30) feet.
c. For side yards, ten (10) feet.
(8) The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, twenty (20) feet.
Section 82. Section 20-631 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The intent of the "R-4" District is to provide for single-family detached and attached
residential development at a maximum net density of four (4) dwelling units per acre.
Section 83. Section 20-635 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 84. Section 20-637 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are interim uses in the "R-4" District:
(1) Private Kennels
7o
(2) Reserved
Section 85. Chapter 20, Article XIV of the City Code, City of Chanhassen, Minnesota, is
hereby amended by adding a Division 1, which shall read as follows:
"RLM" RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT
Sec. 20-640 "RLM" LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 20-641. Intent.
The intent of the "RLM" District is to provide for single-family attached or detached
residential development on land guided Residential - Low or Medium Density in the
City's Comprehensive Plan with a maximum net density of eight (8) units per acre.
Sec. 20-642. Permitted uses.
The following uses are permitted in an "RLM" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Daycare center 12 or less persons
(3) Public and private parks and open spaces.
(4) Single-family dwelling
(5) Temporary real estate office and model home.
(6) Townhouses, two-family and multi-family dwellings.
(7) Utility services.
Sec. 20-643. Permitted accessory uses.
The following are permitted accessory uses in an "RLM" District:
(1) Garage.
(2) Home occupations.
(3) Signs.
(4) Storage building.
71
(5) Swimming pool.
(6) Tennis court.
Sec. 20-644. Conditional uses.
The following are conditional uses in an "RLM" District:
(1) Churches.
(2) Day care center.
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Recreational beach lots.
(5) Towers as regulated by article XXX of this chapter.
Sec. 20-645. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "RLM" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is as follows:
(a) If a single-family dwelling is located on the lot, nine thousand (9,000) square
feet per dwelling unit.
(b) If a two-family dwelling is located on the lot, seven thousand two hundred
sixty (7,260) square feet per dwelling unit.
(c) If a townhouse or multiple-family project is located on the lot, an average of
five thousand four hundred forty-five (5,445) square feet per dwelling unit.
(2) The minimum lot frontage:
(a)
Single-family and two family dwellings are fifty (50) feet except that in the
case of a lot that fronts on a cul-de-sac or on the outside of a curve on a
curvilinear street, the width of the lot at the building setback line shall be fifty
(50) feet.
(b)
Townhouses and multifamily dwellings are thirty (30) feet except that in the
case of a lot that fronts on a cul-de-sac or on the outside of a curve on a
curvilinear street, the width of the lot at the building setback line shall be
thirty (30) feet.
(3) The minimum lot depth
72
(a) If a single-family dwelling, the minimum depth is one hundred one hundred
ten (110) feet.
(b) If a two-family dwelling minimum depth is one hundred (100) feet.
(c) If a townhouse or multiple-family dwelling minimum depth is one hundred
(100) feet.
(4) The maximum lot coverage is:
(a) If a single-family dwelling, thirty-five (35) percent.
(b) If a two-family dwelling, forty (40) percent.
(c) If a townhouse or multiple-family dwelling fifty (50) percent.
(5) The setbacks are as follows:
(a)
If a single-family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, twenty-five (25) feet.
3) For side yards, five (5) feet.
(b)
If a two-family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, thirty (30) feet.
3) For side yards, ten (10) feet where no common wall is located.
(c)
If a townhouse or multiple-family dwelling
1) For front yards, twenty-five (25) feet.
2) For rear yards, twenty-five (25) feet.
3) For side yards, ten (10) feet where no common wall is located.
(6) The maximum height is as follows:
(a)
(b)
For the principal structure, three (3) stories/thirty-five (35) feet.
For accessory structures, one (i) story/fifteen (15) feet.
Section 86. Chapter 20, Article XIV of the City Code, City of Chanhassen, Minnesota, is
hereby amended by adding a Division 2, which shall include sections 20-651 through 20-
655.
Section 87. Section 20-654 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "R-8" District:
(1) Churches.
(2) Day care center.
73
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Recreational beach lots.
(5) Towers as regulated by article XXX of this chapter.
Section 88. Section 20-655 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty-five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 89. Section 20-674 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "R-12" District:
(1) Churches.
(2) Day care center.
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Health services.
(5) Recreational beach lots.
(6) Reserved.
(7) Towers as regulated by article XXX of this chapter.
Section 90. Section 20-675 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty-five (35)feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 91. Section 20-676 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
74
The following are interim uses in the "R-12" District:
(1) Reserved.
(2) Temporary real estate office and model homes.
Section 92. Section 20-683 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an R-16 District:
(1) Churches.
(2) Day care center.
(3) Group home serving from seven (7) to sixteen (16) persons.
(4) Health services.
(5) Recreational beach lots.
(6) Temporary real estate office and model home.
(7) Towers and antennas as regulated by article XXX of this chapter.
Section 93. Section 20-684 (5) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The maximum height is as follows:
a. For the principal structure, three (3) stories/thirty-five (35) feet.
b. For accessory structures, one (1) story/fifteen (15) feet.
Section 94. Section 20-692 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are penmtted in a "BN" District:
(1) Antenna as regulated by article XXX of this chapter.
(2) Community center.
(3) Convenience stores without gas pumps.
75
(4) Day care center.
(5) Health services.
(6) Home Furnishings.
(7) Offices.
(8) Personal services.
(9) Private clubs and lodges.
(10) Shopping center.
(11) Small appliance repair shop
(12) Specialty Retail Shop.
(13) Utility services.
(14) Veterinary clinics.
Section 95. Section 20-693 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "BN" District:
(1) Parking lots.
(2) Reserved.
(3) Signs.
(4) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 96. Section 20-694 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a "BN" District:
(i) Bed and breakfast establishments.
(2) Convenience store with gas pumps.
(3) Drive-in banks including automated kiosks.
76
(4) Fast food restaurants without a drive-through as part of a shopping center.
(5) Motor Fuel Station.
(6) Reserved.
(7) Standard restaurants.
Section 97. Section 20-712 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in a "BH" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Car wash.
(3) Community center.
(4) Convenience stores without gas pumps.
(5) Day care center.
(6) Fast food restaurant.
(7) Financial institutions with/or without drive-through services.
(8) Funeral homes.
(9) Health services.
(10) Liquor stores.
(11) Miniature golf.
(12) Motels and hotels.
(13) Offices.
(14) Personal services.
(15) Private clubs and lodges.
(16) Reserved.
(17) Shopping center.
77
(18)
(19)
(20)
Specialty retail shops.
Standard restaurants.
Utility services.
Section 98. Section 20-713 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "BH" District:
(1) Signs.
(2) Parking lots.
(3) Temporary outdoor sales (subject to the requirements of section 20-312)
Section 99. Section 20-714 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a "BH" District:
(1) Automobile rental facilities.
(2) Automotive repair shops.
(3) Convenience stores with gas pumps.
(4) Emission control testing stations.
(5) Garden centers.
(6) Motor fuel stations.
(7) Outdoor storage.
(8) Reserved.
(9) Small vehicle sales.
(10) Supermarkets.
(11) Towers as regulated by article XXX of this chapter.
78
Section 100. Section 20-732 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in a "CBD" District:
(1) Antenna as regulated by article XXX of this chapter.
(2) Bars and taverns.
(3) Bowling center.
(4) Clubs and lodges.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Convention and conference facilities.
(8) Cultural facilities.
(9) Day care center as part of shopping center.
(lO)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(2o)
(21)
Department stores.
Entertainment.
Fast food restaurants as part of shopping center.
Financial institutions.
Hardware goods.
Health and recreation clubs.
Health services.
Home furnishings.
Hotels.
Liquor stores.
Multiple family dwellings, including senior citizen housing.
Newspaper offices.
79
(22) Offices.
(23) Personal services.
(24) Print shops.
(25) Schools.
(26) Shopping center.
(27) Specialty retail.
(28) Standard restaurants.
(29) Supermarkets.
(30) Utility service.
Section 101. Section 20-733 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a "CBD" District:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 102. Section 20-752 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in a "BG" District:
(1) Animal hospital.
(2) Antenna
(3) Bars and taverns.
(4) Bowling center.
(5) Community center.
(6) Convenience stores without gas pumps.
80
(7) Day care center.
(8) Entertainment.
(9) Fast food restaurants.
(10) Financial institutions, including drive-in service.
(11) Funeral homes.
(12) Garden centers.
(13) Hardware Goods.
(14) Health and recreation clubs.
(15) Health services.
(16) Home improvement trades building supply centers.
(17) Miniature golf.
(18) Motels.
(19) Newspaper and print shop.
(20) Offices.
(21) Personal services.
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
Private clubs and lodges.
Reserved.
Senior citizen housing.
Small appliance and similar repair shops.
Specialty retail.
Standard restaurants.
Supermarkets.
Utility services.
8l
(30) Veterinary clinic.
Section 102. Section 20-753 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a BG District:
(i) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 103. Section 20-771.1 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The following are permitted uses in a "BF" District:
(1) Agriculture.
(2) Antennas as regulated by article XXX of this chapter.
(3) Private and public park/open space.
(4) Single-family dwelling (one (1) unit per ten (10) acres).
(5) Wholesale nursery/green house/no retail (subject to compliance with section 20-
267).
Section 104. Section 20-772 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in a 'BF" District:
(1) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 105. Section 20-773 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in a 'BF' District:
82
(1) Automotive Dealers/rental.
(2) Cold storage and warehousing.
(3) Commercial kennels.
(4) Commercial stables.
(5) Miniature golf course (pursuant to section 20-259).
(6) Motor fuel stations without car washes.
(7) Towers as regulated by article XXX of this chapter.
(8) Utility services.
Section 106. Section 20-775 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are interim uses in the "BF" District:
(1) Churches.
(2) Outdoor storage.
(3) Reserved.
Section 107. Section 20-792 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "OI" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Community center.
(3) Churches.
(4) Fire station.
(5) Funeral homes.
(6) Health services/hospitals.
(7) Library.
83
(8) Museum.
(9) Nursing homes.
(10) Offices.
(11) Post office.
(12) Public parks/open space
(13) Public recreational facilities.
(14) Schools.
(15) Utility services.
Section 108. Section 20-793 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in the "OI" District:
(1) Parking lots.
(2) Signs.
(3) Temporary outdoor sales (subject to the requirements of section 20-312).
Section 109. Section 20-812 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following uses are permitted in an "IOP" District:
(1) Antennas as regulated by article XXX of this chapter.
(2) Automotive repair shops
(3) Conference/convention centers.
(4) Health services.
(5) Indoor health and recreation clubs.
(6) Light industrial.
(7) Offices.
84
(8) Off-premises parking lots.
(9) Print shops.
(10) Recording studios.
(11) Utility services.
(12) Vocational school.
(13) Warehouses.
Section 110. Section 20-813 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are permitted accessory uses in an "IOP" District:
(1) Automotive repair shop
(2) Day care center.
(3) Parking lots and ramps.
(4) Signs.
Retail sales of products stored or manufactured on the site provided no more than twenty
(20) percent of the floor space is used for retail sales.
Section 111. Section 20-814 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following are conditional uses in an "IOP' District:
(1) Contracting yards.
(2) Day care centers as part of a multi-tenant building.
(3) Day care centers as a separate facility.
(4) Food processing.
(5) Home improvement trades.
(6) Hotels and motels.
(7) Lumber yards.
85
(8)
(9)
(10)
(12)
Section 112.
Motor freight terminals.
Outdoor health and recreation clubs.
Screened Outdoor storage.
Research laboratories.
Reserved.
Commercial Towers as regulated by article XXX of this chapter.
Section 20-904 (a) (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Tennis courts and swimming pools may be located in rear yards with a minimum
side and rear yard setback of ten (10) feet, but must comply with applicable
ordinary high water mark setbacks.
Section 113. Section 20-905 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All single-family detached homes shall:
(1) Be constructed upon a continuous perimeter foundation that meets the
requirements of the state building code.
(2) Conform to the following standards for living areas:
a. If a one-story rambler design, have an area of nine hundred sixty (960) square
feet.
b. If a split level design, have an area of one thousand fifty (1,050) square feet.
c. If a split foyer and two-story design, have an area of six hundred (600) square
feet on the first floor.
d. A two-car garage must be provided with the single-family structure.
(3)
Have an earth covered, composition, shingled or tiled roof or other materials
approved by the Minnesota State Building Code as adopted and amended by the
city.
(4) Receive a building permit. The application for a building permit in addition to
other information required shall indicate the height, size, design and the
86
appearance of all elevations of the proposed building and a description of the
construction materials proposed to be used.
(5) Meet the requirements of the Minnesota State Building Code as adopted and
amended by the city or the applicable manufactured housing Code.
Section 114. Section 20-908 (5) (e) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Into any required front, rear, or side yard: driveways, sidewalks, fences and
retaining walls.
Section 115. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding a section to be numbered 20-908 (6), which shall read as follows:
The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences, invisible fences and underground irrigation systems may be
allowed within an easement with an encroachment agreement if they do not alter the
intended use of the easement. A driveway or sidewalk from the street to the house
crossing drainage and utility easements at the front of the property are exempt from this
requirement.
Section 116. Section 20-909 (6) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Continued storage of boats, all-terrain vehicles, snowmobiles and trailers may be stored
in the side or rear yard behind the required front setback, if owned by a resident owner or
lessee of the property.
Section 117. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding a section to be numbered 20-909 (8), which shall read as follows:
PODS (personal on demand storage) and roll-off dumpsters may be located a property a
minimum of six feet (6') away from the house for fire protection and at least ten feet
(10') from any property line. Such containers may be kept on site for a maximum of 30
days per year. An extension of the 30 days may be granted by the city if the container is
used in conjunction with a valid and ongoing building permit.
Section 118. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding subsections to be numbered 20-913 (d) and (e), which shall read as follows:
(d)Wall mounted lighting in commercial, industrial, and institutional districts shall
comply with the following:
(1) All wall mounted light fixtures shall be shielded with a total cutoff angle
equal to or less than 90 degrees.
87
(e) Lighting shall not be directed skyward except for lighting designed for
illuminating the United States of America Flag.
Section 119. Section 20-919 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Telephone equipment buildings are allowed in all zoning districts as an ancillary use
subject to the following standards:
(1) The site must provide landscaping as required in article XXV.
(2) The driveway surface shall be surfaced with a hard, all-weather, dust free and
durable surfacing material.
(3) The applicant shall receive an access permit from the regulating agency.
(4) The building shall meet the required setbacks of the district in which it is located.
(5) The equipment building shall be architecturally consistent with surrounding
structures.
Section 120. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding a section to be numbered 20-962, which shall read as follows:
(a) Camping or occupying camp facilities in the following areas is prohibited unless in a
city approved campground or with prior city authorization:
(1) any park;
(2) any street;
(3) any publicly owned parking lot or publicly owned area, improved or unimproved.
(b) Camping, occupying camp facilities on a lot or parcel for more than seven (7)
consecutive days or more than twenty-one (21) days in a 365 day period is prohibited.
Section 121. Section 20-978 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Contractors' yards/landscaping businesses are prohibited.
Section 122. Section 20-1017 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
A permit shall be obtained for any permanent fence installed for any purpose, including
underground (invisible) fencing, other than an agricultural purpose prior to installation of
same. The installation of temporary or seasonal fencing, e. g., snow fencing, garden
88
fencing, etc., without permanent posts is exempt from this requirement. A site plan
showing the location of the fence shall be submitted with the permit application. The city
may require a permit applicant to provide a registered land survey establishing property
lines. A building permit, in lieu of a zoning compliance review permit, shall be required
for fences in excess of six (6) feet in height and retaining walls in excess of four (4) feet
in height.
Section 123. Section 20-1019 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(a)
Generally. All fences and retaining walls shall be located entirely upon the
property of the fence or retaining wall owner unless the owner of the adjoining
property agrees, in writing, that said fence or retaining wall may be erected on the
property line of the respective properties. Such agreement shall be submitted at
the time of building permit application. Encroachment into a City easement shall
require an encroachment agreement between the property owner and the city.
Fences shall not be placed within the public fight-of-way.
(b) Wetlands. No fences shall be permitted below the ordinary high water mark of a
wetland or within the required wetland buffer area.
(c) Buffers. No fences shall be permitted between a required landscape buffer and a
collector or arterial street.
(d)
Temporary fences. Temporary fencing, such as fencing installed to enclose a
seasonal garden or snow fencing in winter, may not be located within the front
yard setback. Snow fencing shall not be located within any drainage or utility
easement.
Section 124. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding a section to be numbered 20-1025, which shall read as follows:
Retaining walls exceeding four (4) feet in height, including stage walls which
cumulatively exceed four (4) feet in height, must be constructed in accordance with plans
prepared by a registered engineer or landscape architect and shall be constructed of a
durable material. A permit is required for the construction of such retaining walls.
Section 125. Section 20-1048 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Standard drawings of the structural components of the wind energy conversion
system and support structures, including base and footings shall be provided along
with engineering data and calculations to demonstrate compliance with the structural
design provisions of the Minnesota State Building Code as adopted. Drawings and
engineering calculations shall be certified by a registered engineer.
89
Section 126. Section 20-1055 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
WECS shall not have affixed or attached any lights, reflectors, flashers or any other
illumination, except for illumination devices required by FAA Regulations part 77
"Objects Affecting Navigable Air Space" and FAA Advisory Circular 70/7460-1K CHG1
April 15, 2000.
Section 127. Section 20-1065 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
All manmade architectural, landscape, and paving materials shall reflect the highest
quality possible and should be used in a manner suitable to the nature of the material, its
role in the design, general durability, expected level of use or abuse, weathering
characteristics, and ease and frequency of maintenance. The following materials or
equivalent materials are acceptable:
* Brick
* Stone
* Glass
* Textured masonry units
* Wood, consisting of lap siding with an exposure no greater than seven (7) inches or
wood shakes; surfaces must be painted;
* Stucco
* Tilt up concrete panels that are grid or brick like in appearance
Accent material may occupy up to fifteen (15) percent of the building's facade. These
may include metal, glass block, spandrel glass or similar materials approved by the city.
Material and Detail
90
The following may not be used in any visible exterior application except when
specifically permitted by the city in areas with limited public view or accent areas:
* Plain/painted poured concrete panels "cast in place"
* Painted brick
* Painted concrete panels
* Painted rock faced block
*Unadorned plain or painted concrete block
* Tilt-up concrete panel that are ribbed or corduroy in appearance
* Prefabricated steel or sheet metal panels
* Reflective glass
* Aluminum, vinyl, fiberglass, asphalt or fiberboard siding
* EIFS (exterior insulation and finish system) may be used as an accent but not a
primary material
Section 128. Section 20-1068 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Fifty (50) percent of the first floor fa9ade that is viewed by the public shall be designed to
include transparent windows and/or doors to minimize expanses of blank walls.
(Reflective glass is not permitted). If the building is a one-story design and the first floor
elevation exceeds 12 feet, then only the first 12 feet in building height shall be included
in calculating the fagade area.
The remaining fifty (50) percent of the first floor fagade that is viewed by the public,
shall be designed to include any or all of the following:
* Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.)
* Architectural detailing and articulation that provides texture on the facade and/or
parking structure openings.
91
Section 129. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding Chapter 20, Article XXIII, Division 8, which shall be numbered section 20-1180,
which shall read as follows:
Division 8. Sexually Oriented Businesses
Sec. 20-1180. Location of business.
(a) In addition to the licensing requirements of Chapter 10 of the Chanhassen City Code,
sexually oriented businesses shall not be located within five hundred (500) feet of:
(I) A public or private elementary or secondary school;
(2) A licensed day care center;
(3) A residential district;
(4) A multifamily residential building.
(5) A public park adjacent to a residential district;
(6) A church;
(7) City Hall; or
(8) Public libraries.
(9) Another sexually oriented business.
92
(b) For the purposes of subsection (a), measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually oriented business
is conducted, to the nearest property line of the premises of a church or public or
private elementary or secondary school or licensed day care center, or to the nearest
boundary of an affected public park, residential district, or residential lot, or the
nearest portion of a building or structure used for multifamily residential which is not
located within a residential district.
(c) For purposes of subsection (b) of this section, the distance between any two (2)
sexually oriented businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall of the structure in
which each business is located.
(d) Any sexually oriented business lawfully operating on the effective date of this article
that is in violation of subsections (a), (b), or (c) of this section shall be deemed a
nonconforming use. The nonconforming use will be permitted to continue. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that
the use may be changed to a conforming use. If two (2) or more sexually oriented
businesses are within five hundred (500) feet of one another and otherwise in a
permissible location, the sexually oriented business which was first established and
continually operating at a particular location is the conforming use and the later-
established business(es) is nonconforming.
(e) A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a use or residential district listed in subsection (a) of this
section within five hundred (500) feet of the sexually oriented business. This
provision applies only to the renewal of a valid license, and does not apply when an
application for a license is submitted after a license has expired or has been revoked.
Section 130. Section 20-1101 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Minimum driveway distances from street intersections shall comply with the minimum
distances provided in the most recent issue of the Institute of Transportation Engineers
publications available at the time of installation.
Section 131. Section 20-1118 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Parking spaces shall be designed in conformance with the following: parking stalls shall
have a minimum paved dimension of eight and ,one half nine feet by eighteen (18) feet.
Stall and aisle dimensions shall be as noted below for the given angle:
93
Angle Curb Length Stall length Aisle
45 degree 12.0' 18.0' 15'
60 degree 10.0' 18.0' 18.5' *
90 degree 9' 18.0' 26'
Parallel 20.0' 8.0' 22'
*One-way aisles only.
Dead end aisles must be provided with a twenty-six (26) feet by ten (10) feet
unencumbered area at the end to facilitate vehicle turning movement.
Section 132. Section 20-1124 (2) (f) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Dwelling:
Single-family--Two (2) parking spaces, both of which must be completely
enclosed. No garage shall be converted into living space unless other acceptable
on-site parking space is provided.
2. Multi-family:
(a) Efficiency units and one-bedroom units--One and one-half (1 V2) stalls, one
(1) of which must be completely enclosed in a garage.
(b) Two-bedroom and larger units--Two (2) stalls, one and one-half must be
completely enclosed in a garage.
(c)
Senior Housing. Housing designed and limited to senior citizens, age
restricted to those 55 years of age and older, shall provide one parking stall
per dwelling unit, which must be enclosed in a garage. Assisted living
facilities shall provide 1/3ra parking stall per dwelling unit. All required
parking for assisted living dwelling units must be enclosed in a garage.
(d)
Garage stalls for multifamily buildings containing more than twenty (20)
dwellings must be placed underground or attached to the primary structure.
The city may allow freestanding garage stalls only when the applicant
demonstrates that the architectural design of the building results in an inability
to accommodate all the stalls under the building and when the majority of this
requirement is met with underground parking.
(e)
In multifamily rental buildings, the use of at least one (1) enclosed stall shall
be included in the lease or rental rate of each apartment. In multifamily
owner-occupied buildings at least one (1) enclosed stall shall be included in
the sales price of each home.
94
(f) One (1) visitor parking stall shall be provided for each four (4) dwellings.
Section 133. Section 20-1124 (2) (n) of the City Code, City of Chanhassen, Minnesota,
is hereby amended to read as follows:
Office buildings (administrative, business or professional)--Buildings under forty-nine
thousand nine hundred ninety-nine (49,999) square feet, five (5) stalls per one thousand
(1,000) square feet gross floor area; buildings from fifty thousand (50,000) to ninety-nine
thousand nine hundred ninety-nine (99,999) square feet, four (4) stalls per one thousand
(1,000) square feet gross floor area; and buildings over one hundred thousand (100,000)
square feet, three (3) stalls per one thousand (1,000) square feet gross floor area.
Building area square footages shall exclude common areas such as reception areas,
cafeterias, hallways, etc. in calculating the parking requirements for an office building.
Section 134. Section 20-1176 (f) (2) b. of the City Code, City of Chanhassen, Minnesota,
is hereby amended to read as follows:
Determine the buffer yard required on each boundary, or segment thereof, of the
property by referring to the following table of buffer yard requirements and
illustrations set at the end of subsection (2), which specify the buffer yard required
between adjacent uses and streets.
Section 135. Section 20-1181 (b) (6) of the City Code, City of Chanhassen, Minnesota,
is hereby amended to read as follows:
The inside width, behind the curb in landscape islands or peninsulas, shall be a
minimum of 10 feet.
Section 136. Section 20-1183 (a) (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant
materials shall meet the following requirements:
ao
Deciduous trees. Shall be species having an average crown spread of greater than
fifteen (15) feet and having trunk(s) which can be maintained with over five (5)
feet of clear wood in areas which have visibility requirements, except at vehicular
use area intersections where an eight-foot clear wood requirement will control.
Trees having an average mature spread of crown less than fifteen (15) feet may be
substituted by grouping of the same so as to create the equivalent of a fifteen-foot
crown spread. A minimum of ten (I0) feet overall height or minimum caliper
(trunk diameter, measured six (6) inches above ground for trees up to four (4)
inches caliper) of at least two and one-half (2 1/2) inches immediately after
planting shall be required. Trees of species whose roots are known to cause
damage to public roadways or other public works shall not be placed closer than
95
fifteen (15) feet to such public works, unless the tree root system is completely
contained within a barrier for which the minimum interior containing dimensions
shall be five (5) feet square and five (5) feet deep and for which the construction
requirements shall be four (4) inches thick, reinforced concrete.
Evergreen trees. Evergreen trees shall be a minimum of six (6) feet high with a
minimum caliper of one and one-half (1 1/2) inches when planted when counted
as an understory tree. Overstory evergreens shall be a minimum of eight (8) feet
high.
Co
Shrubs and hedges. Deciduous shrubs shall be at least two (2) feet in average
height when planted, and shall conform to the opacity and other requirements
within four (4) years after planting. Evergreen shrubs shall be at least two (2) feet
in average height and two (2) feet in diameter.
d. Vines. Vines shall be at least twelve (12) inches high at planting, and are
generally used in conjunction with walls or fences.
eo
Grass or ground cover. Grass shall be planted in species normally grown as
permanent lawns, and may be sodded, plugged, sprigged, or seeded; except in
swales or other areas subject to erosion, where solid sod, erosion reducing net, or
suitable mulch shall be used, nurse-grass seed shall be sown for immediate
protection until complete coverage otherwise is achieved. Grass sod shall be
clean and free of weeds and noxious pests or diseases. Ground cover such as
organic material shall be planted in such a manner as to present a finished
appearance and seventy-five (75) percent of complete coverage after two (2)
complete growing seasons, with a maximum of fifteen (15) inches on center. In
certain cases, ground cover also may consist of rocks, pebbles, sand and similar
materials if approved by the city.
Section 137. Chapter 20, Article XXV, Section 20-1183 Table I, Approved Tree List
and Table II of the City Code, City of Chanhassen, Minnesota, are hereby repealed.
Section 138. Section 20-1252 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Fees for sign permit applications and variance requests shall be imposed in accordance
with the fee schedule established by city council in Chapter 4 of the City Code. The
intent of this section is to recover costs associated with administering this article. Permit
fees shall reflect the costs of reviewing and processing permits, as well as costs
associated with periodic enforcement activities and compliance checks.
Section 139. Section 20-1255 (8) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
96
Rummage (garage) sale signs. Rummage sale signs shall be removed within two (2) days
after the end of the sale and shall not exceed four (4) square feet. Rummage sale signs
shall not be located in any public rights-of-way. The city shall have the right to remove
and destroy signs not conforming to this paragraph. The city may assess a fee in the
amount established in Chapter 4 of the City Code for sign permits for each sign removed
by the city.
Section 140. The City Code, City of Chanhassen, Minnesota, is hereby amended by
adding a section to be numbered 20-1255 (11), which shall read as follows:
Off premise sign for open house, house for sale or rent, parade of homes, etc. Such signs
shall be removed within two (2) days after the end of the event and shall not exceed four
(4) square feet. The property owner upon which a sign is located shall provide their
approval. The signs shall not be located in any public rights-of-way. The city shall have
the right to remove and destroy signs not conforming to this paragraph. The city may
assess a fee in the amount established in Chapter 4 of the City Code for sign permits for
each sign removed by the city.
Section 141. Section 20-1270 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The design and construction standards as set forth in Chapter 4 of the 1997 edition of the
Uniform Sign Code as may be amended, are adopted.
Section 142. Section 20-1301 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12,
R-16, and residential PUD districts:
(1) Public and institutional signs. One (1) ground low profile or wall sign, not exceeding
twenty-four (24) square feet of sign display area, shall be permitted on the premises of
any public or institutional property giving the name of the facility and nature of the use
and occupancy. Such sign shall be located at least ten (10) feet from any property line,
and shall not exceed five (5) feet in height.
(2) Area identification/entrance signs. Only one (1) monument sign may be erected at
the entrance(s). Total sign area shall not exceed twenty-four (24) square feet of sign
display area, nor be more than five (5) feet high. More than one (1) sign per entrance
may be erected, provided that the total sign area does not exceed twenty-four (24) square
feet. Any such sign or monument shall be designed with low-maintenance, high quality
materials. The adjacent property owner or a homeowners association shall be responsible
for maintenance of the identification/entrance sign and surrounding grounds and
landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or
street maintenance operation, and shall be securely anchored to the ground.
97
(3) Non-residential uses. Only one (1) monument sign may be permitted on the site.
The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor
be more than five (5) feet in height.
Section 143. Section 20-1302 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Wall business signs. One (1) wall business sign shall be permitted on the street
frontage for each business occupant within a building. In multi-tenant buildings
where individual entrances do not front on a public street, a wall sign may be
permitted on the entrance facade if the following apply: 1) the entrance is an
individual unit entrance and not a common hallway, 2) the entrance is not an
emergency exit or "exit only" for the unit. The sign may contain the name and logo
of the business only and shall have a sign display area that is in compliance with the
district standards. Wall business signs shall not be mounted upon the wall of any
building which faces any adjoining residential district without an intervening public
street. The total of all wall mounted sign display areas for each business shall not
exceed the square footage established in the following table:
WALL SIGN
Maximum Percentage of Wall Area in Square Feet Total Square Footage of
Wall Area Signs
15% 0 - 600 90
13% 601 - 1,200 156
11% 1,201 - 1,800 198
9% 1,801 - 2,400 216
7% 2,401 - 3,200 224
5% 3,201 - 4,500 230
3% 4,500+ 240
98
Section 144. Section 20-1303 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Ground Iow profile business signs. One (1) ground low profile business sign shall be
permitted per each outlot or separate building pad that has street frontage. The height
and square footage of the sign shall be based on the table above. Such signs shall be
located at least three hundred (300) feet from any other pylon or ground sign on the
parcel and at least ten (10) feet from any property line.
Section 145. Section 20-1303 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Wall business signs. Wall business signs shall be permitted on street frontage for
each business occupant within a building only. In multi-tenant buildings where
individual entrances do not front on a public street, a wall sign may shall be permitted
on the entrance fagade if the following apply: 1) the entrance is a unit entrance and
not a common hallway, 2) the entrance is not an emergency exit or "exit only" for the
unit. The sign may contain the name and logo of the business only and shall have a
sign display area that is in compliance with the district standards.
Maximum Percentage of Wall Area in Square Feet Total Square Footage of
Wall Area Signs
15% 0 - 600 90
13% 601 - 1,200 156
11% 1,201 - 1,800 198
9% 1,801 - 2,400 216
7% 2,401 - 3,200 224
5% 3,201 - 4,500 230
3% 240
4,500+
Section 146. Section 20-1304 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Ground Iow profile business signs. One (1) ground low profile business sign shall be
permitted per site for each street frontage. Such sign shall not exceed sixty-four (64)
square feet in sign display area nor be greater than eight (8) feet in height. Such sign
shall be located at least ten (10) feet from any property line.
Section 147. Section 20-1304 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Wall business signs. Wall business signs shall be permitted on street frontage for each
business occupant within a building only. In multi-tenant buildings where individual
entrances do not front on a public street, a wall sign may shall be permitted on the
99
entrance fagade if the following apply: 1) the entrance is a unit entrance and not a
common hallway, 2) the entrance is not an emergency exit or "exit only" for the unit.
The sign may contain the name and logo of the business only and shall have a sign
display area that is in compliance with the district standards. The total of all wall
mounted sign display areas for each business shall not exceed the square footage
established in the following table:
Maximum Percentage of Wall Area in Square Feet Total Square Footage of
Wall Area Signs
15% 0 - 600 90
13% 601 - 1,200 156
11% 1,201 - 1,800 198
9% 1,801 - 2,400 216
7% 2,401 - 3,200 224
5% 3,201 - 4,500 230
3% 4,500+ 240
Section 148. Section 20-1402 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Stairways, paths and lifts may be permitted in suitable sites where construction will not
redirect water flow direction and/or increase drainage velocity. Major topographic
alterations are prohibited. Stairways, paths and lifts must receive an earthwork permit and
must meet the following design requirements
(1)
Stairways, paths and lifts may not exceed four (4) feet in width on residential lots.
Wider stairways may be used for commercial properties, public open space
recreational properties, and planned unit developments.
(2) Reserved.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4)
Stairways, paths, lifts and landings may be either constructed above the ground on
posts or placed into the ground, provided they are designed and built in a manner
that ensures control of soil erosion.
(5) Stairways, paths, lifts and landings must be located in the most visually
inconspicuous portions of lots.
(6)
Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed, provided that the dimensional and performance
standards complied with of subitems (1) to (5).
Section 149. Section 20-1403 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
100
Removal or alteration of vegetation within a bluff impact zone is prohibited except for
limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide
a view from the principal dwelling site and to accommodate the placement of stairways
and landings and access paths.
Removal or alteration of vegetation must receive prior approval of the community
development director or designee. An on-site review will be made to determine if the
removal or alteration of vegetation will require new ground cover. In no case shall
clearcutting be permitted. City staff will work with the property owner to develop a
means of creating a view while minimizing disturbance to the bluff impact zone.
Section 150. Chapter 20, Article XXIX, Sections 20-1450 through 20-1461 and 20-1463
through 20-1464 of the City Code, City of Chanhassen, Minnesota, is hereby repealed.
Section 151. Section 20-1462 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(1) On building lots that abut Highway 5 directly, the minimum building setback from
the highway right-of-way shall be seventy (70) feet. The maximum building setback
from the highway right-of-way for all buildings except single family residences shall
be one hundred fifty (150) feet. No maximum building setback shall apply to single
family residences.
(2) On building lots that abut either of the access boulevards parallel to Highway 5, the
minimum building setback from the boulevard right-of-way shall be fifty (50) feet.
The maximum building setback from the boulevard right-of-way shall be one hundred
(100) feet.
Section 152. Section 20-1503 (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Maximum height Except as provided in the following section, maximum heights for
towers shall be as follows:
(1) In all residential zoned property, the maximum height of any tower, including all
antennas and other attachments, shall be eighty (80) feet.
(2)
In all nonresidential zoning districts, the maximum height of any tower, including
all antennas and other attachments, shall not exceed a height of one hundred fifty
(150) feet. The city council may allow towers up to two hundred (200) feet high if
the applicant can demonstrate that, based upon the topography of the site and
surrounding areas, antenna design, surrounding tree cover and structures and/or
through the use of screening, off-site views of the tower will be minimized.
101
Section 153. Section 20-1505 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
Towers shall conform with each of the following minimum setback requirements:
Section 154. Section 20-1508 (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
All applicable provisions of this Code.
Section 155. Section 20-1555 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
(a) Generally. Primary and Secondary Zones shall be subject to the requirements
established herein, as well as restrictions and requirements established by other
applicable city ordinances and regulations. The Bluff Creek Overlay District regulations
shall not be construed to allow anything otherwise prohibited in the zoning district where
the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary Zones include land that is generally
defined in this article and in the Bluff Creek Watershed Natural Resources Management
Plan. Boundaries as established by officially adopted city maps shall be prima facie
evidence of the location and type of watershed zone. The official maps shall be
developed and maintained by the planning department. The applicant shall provide
appropriate technical information, including but not limited to a topographical survey,
flora and fauna survey and soil data deemed necessary for the city to determine the exact
watershed zone boundary. The community development director shall make a
determination to maintain the officially designated watershed zone boundary or if the
boundaries need to be corrected on city plans and maps based upon the data that is
supplied. Data for watershed zone delineation shall be generated and provided by a
qualified professional specializing in watershed management, environmental science or
other related profession. The applicant may appeal the community development
director's determination of the watershed zone boundary and type to the city council.
Section 156. Section 20-1558 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
Through environmentally sensitive design such as "terrain adaptive architecture" (see
Figure 1), landscaping and site planning, site views both to and from the BCO district
shall be preserved and enhanced to the greatest extent possible so as to maintain views
that reflect and protect the natural beauty of the BCO District. Special attention should
be given to views that are highly accessible to the public such as scenic overlooks, ridges
and trails. Clustering of development away from natural overlooks is encouraged.
GRAPHIC LINK: Figure 1. "Published in APA PAS Report #466"
102
Section 157. Section 20-1559 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
Density clustering shall be allowed as a tool to facilitate cluster development within the
Bluff Creek Overlay District. Density clustering may be used in areas where portions of
the site are unsuitable for development because of the location of the Primary Zone.
Density clustering shall not be allowed for areas that are otherwise considered
unbuildable due to wetlands, lakes and other areas not suitable for building purposes.
In areas where density clustering is applicable, density may be transferred to
unconstrained parts of the site within land included in the Secondary Zone, subject to the
restrictions of this article, and within land lying outside of identified zone areas.
Additionally, the following conditions may qualify for density clustering:
(a) Land slopes in the Secondary Zone that exceed twenty-five (25) percent on
average.
(b) Land in the Secondary Zone containing stands of native trees.
(c) Land with suitable natural habitat to endangered or threatened species or a fragile
ecosystem.
GRAPHIC LINK: Click here for graphic
GRAPHIC LINK: Click here for graphic
Section 158. Section 20-1561 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
(a) Natural habitat areas within the primary zone shall be preserved as permanent open
space. Any development that occurs shall be directly related to the development of a
continuous greenway along the creek from the Minnesota River to Lake Minnewashta as
outlined in the Bluff Creek Watershed Natural Resources Management Plan.
(b) Where possible, any disturbances of natural habitat areas within the Secondary Zone
shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall
adhere to the practices delineated in the City's Best management Practices Handbook.
Section 159. Section 20-1564 of the City Code, City of Chanhassen, Minnesota, is
hereby amended so the first line shall read as follows:
All structures shall be set back a minimum of forty (40) feet from the Primary Zone. No
disturbances of the site shall occur with the first twenty (20) feet of such setback.
Section 160. This ordinance shall be effective immediately upon its passage and
publication.
103
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota
,2004, bythe
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
104