4 Lot Size Code AmendmentCITYOF
CHANHASSEN
690 Oty Cotter Drive, PO Box I47
Cbanhasse~, ~'/imtesota 55317
Phone 612. 937.1900
Go~eral Fax 612. 93Z 5739
E~gh~eerh~g Fax 612.93Z 9152
Public S~O, b2v 612.934.2524
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MEMORANDUM
TO:
Planning Commission
FROM:
Sharmin A1-Jaff, Senior Planner
DATE: June 20, 2000
SUB J:
Zoning Ordinance Amendment to Sec. 20-906. Alternate lot size
requirements in A-2 and RR Residential Zoning Districts
SUMMARY
Staff recently discovered a problem in the Nonconforming Lots of Record portion
of the ordinance. The problem deals with lots that do not meet 75 percent of the
area or width requirements of the current district standards. The second problem
deals with contiguous nonconforming lots under single ownership. The problem
was created when the city amended the Alternate lot size requirements in the A-2
and RR Residential Zoning Districts to prevent the spread of unsewered
subdivision at 2½ acres and allow lots as small as 15,000 square feet, as long as
they maintain the 1 unit per 10 acre density. At that time, we inadvertently
deleted a section of the ordinance that would acknowledge existing lots of record
in the rural areas. Staff is proposing to add back the language that was deleted to
recognize existing lots of record.
BACKGROUND
This issue came to light when a potential buyer was interested in purchasing 3
contiguous lots located on Lakota Lane. The background on these lots is as
follows:
In 1984, the City Council approved a metes and bounds subdivision to allow 9.34
acres to be divided into three lots. In 1987, the ordinances changed to permit a
density of 1 unit per 10 acres in areas outside the Municipal Urban Service Area
(which is where the parcels are located). The subdivision was recorded with
Carver County Recorder's Office in 1992.
On April 28, 2000, when staff met with the potential buyer for the three lots, we
explained that the ordinances governing nonconforming lots of record treat these
three lots as one. In the table below, you will find a comparison between
ordinance requirements and the parcels used as an example.
The G~y qf Chanhassen. A g~vwing community with dean lakes, ttua/it~, schools, a charming downtown, thrivin~ businesses, and beautiful oarks. A ¢reat olace to live, work. and ola~.
Planning Commission
June 20, 2000
Page 2
Lot Area
Ordinance
2.5 Acres with a
Density of 1 Unit/10 Acres
Parcels 1, 2, and 3
Located on Lakota Lane
3+ acres with a Density of
1 Unit/3+ Acres
In this example, the total area of the 3 contiguous parcels is 9.34 acres. The zoning ordinance
permits the construction of a single-family home on parcels that meet 75% of the minimum area
requirements without applying for a variance, Sec. 20-73(b).
The owner of these parcels wishes to sell the parcels as three separate buildable parcels. The
owner in this case has the following options:
1. Consider the 3 parcels as one undivided parcel and sell them as such. Only one
house will be permitted on the site.
2. Prepare a sketch plan, showing how this site could be developed in the future at an
urban density (1.2-4 units per net acre), when sewer and water is available, and
market the property as a future investment.
3. Apply for a lot area variance. The Planning Commission and City Council would
make the final decision on the variance. There are no guarantees that it will be
approved.
4. The City amends the zoning ordinance to acknowledge lots of record.
Further research indicated that this problem exists throughout the city with each subdivision that
was submitted prior to January 15, 1987, and received preliminary plat approval by July 1, 1987.
Every time a building permit is submitted for a lot within the A-2 or RR districts that has a
density of less than 1 unit per 7½ acre (75% of the required area), staff must reject the permit and
process a variance application. There is no doubt in our mind that that was never the intention of
the ordinance. We believe that it was intended to encourage the elimination of nonconforming
lots that cannot accommodate a buildable area such as those located within the Carver Beach
subdivision. At the same time, under the purpose section of the ordinance, it clearly states, "To
recognize the existence of uses, lots, and structures which were lawful when established, but
which no longer meet all ordinance requirements;"
ANALYSIS
The ordinance defines a nonconforming lot as "A lot that does not comply with the requirements
of this chapter but which did comply with applicable ordinance requirements at the time the lot
was created."
Planning Commission
June 20, 2000
Page 3
The purpose of the nonconforming uses division of the ordinance is defined as follows:
Sec. 20-71. Purpose.
The purpose of this division is:
(1) To recognize the existence of uses, lots, and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enlargement, expansion, intensification, or extension of any nonconforming
use, building, or structure;
(b) To encourage the elimination of nonconforming uses, lots, and structures or reduce their
impact on adjacent properties.
Prior to January 15, 1987, the city accepted applications for properties located outside the
Municipal Urban Service Area (MUSA) to allow parcels of land to be subdivided into 2½ acre
lots. That section of the ordinance read as follows:
Section 7. RURAL LOT BUILDING ELIGIBILITIES (attachment #5)
Existing parcels of record established prior to the effective date of this zoning ordinance
shall be deemed as buildable lots. This provision also applies to those lots affected by
ilem lO of this section.
o
All lots shall have the minimum frontage on a public road as regulated in sections 20-575
and 20-595. To reduce the number of driveways on collectors and arterials, up to two (2)
parcels will be allowed to be accessed by a private easement.
10. ,4pplications for subdivision in the rural service area as identified in the comprehensive
plan to contain a development density of on un#per 2~ acres will be accepted until 4:30
p.m. on January 15, 1987, if the following information is submitted to the Planning
Department:
1. Completion of the Application for Subdivision.
2. Submission of the public hearing list of surrounding property
owners,
3. Submission of a boundary survey with the proposed lot pattern.
4. Submission of required application fees.
Further, these applications must also submit addition data required for preliminary
plat approval in a manner which will achieve preliminary plan approval by duly 1,
1987 unless the City Council deems to table final action on the application after duly 1,
1987.
Planning Commission
June 20, 2000
Page 4
The current ordinance requires a density of 1 unit per 10 acres (Section 20-906). This ordinance
amendment took place on October 11, 1993. The sections exempting lots of record was omitted
inadvertently.
We expect all lots that were approved under the 1987 rule to be legal nonconforming lots that are
buildable. Section 20-73 of the zoning ordinance, which deals with nonconforming lots of
record, does not exempt these lots from meeting today's standards. Portions of the ordinance that
impact these lots will be underlined.
Sec. 20-73. Nonconforming lots of record.
No variance shall be required to reconstruct a detached single-family dwelling located on a
nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint which is no larger than that of
the destroyed structure and is substantially the same size in building height and floor area as
the destroyed structure. Reconstruction shall commence within two (2) years of the date of
the destruction of the original building and reasonable progress shall be made in-completing
the project. A building permit shall be obtained prior to construction of the new dwelling
and the new structure shall be constructed in compliance with all other city codes and
regulations.
No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at least seventy-five (75) percent of the
minimum requirements of this chapter.
Except as otherwise specifically provided for detached single-family dwellings, there shall
be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
If two (2) or more contiguous lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this chapter for lots in the district, the contiguous
lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of
the parcel is sold, the sale shall constitute a self-created hardship under the variance
provisions of this chapter.
To remedy this situation, staff is recommending the following ordinance amendment:
Sec. 20-906. Alternate lot size requirements in A-2 and RR Residential Zoning Districts.
Planning Commission
June 20, 2000
Page 5
(8)
Existing parcels of record established prior to the effective date of this zoning ordinance
shall be deemed as buildable lots. This provision also applies to those lots affected by
item 10 of this section.
(9)
All lots shall have the minimum frontage on a public road as regulated in sections 20-575
and 20-595. To reduce the number of driveways on collectors and arterials, up to two (2)
parcels will be allowed to be accessed by a private easement.
(1 O) Applications for subdivision in the rural service area as identified in the comprehensive
plan to contain a development density of on unit per 2'/2 acres will be accepted untiI 4:30
p.m. on January 15, 1987, if the following information is submitted to the Planning
Department:
a. Completion of the Application for Subdivision.
b. Submission of the public hearing list of surrounding property owners.
c. Submission of a boundary survey with the proposed lot pattern.
d. Submission of required application fees.
Further, these applications must also submit addition data required for preliminary plat
approval in a manner which will achieve preliminary plan approval by July 1, 1987
unless the City Council deems to table final action on the application after July 1, 1987.
STAFF RECOMMENDATION
Staff recommends the Planning Commission recommend approval of Zoning Ordinance
Amendment to Section 20-906. Alternate lot size requirements in A-2 and RR Residential
Zoning Districts by adding the language that appears in bold:
(8)
Existing parcels of record established prior to the effective date of this zoning ordinance
shall be deemed as buildable lots. This provision also applies to those lots affected by
item 10 of this section.
(9)
All lots shall have the minimum frontage on a public road as regulated in sections 20-575
and 20-595. To reduce the number of driveways on collectors and arterials, up to two (2)
parcels will be allowed to be accessed by a private easement.
(10) Applications for subdivision in the rural service area as identified in the comprehensive
plan to contain a development density of on unit per 2½ acres will be accepted until 4:30
p.m. on January 15, 1987, if the following information is submitted to the Planning
Department:
a. Completion of the Application for Subdivision.
Planning Commission
June 20, 2000
Page 6
b. Submission of the public hearing list of surrounding property owners.
c. Submission of a boundary survey with the proposed lot pattern.
d. Submission of required application fees.
Further, these applications must also submit addition data required for preliminary plat
approval in a manner which will achieve preliminary plan approval by July 1, 1987
unless the City Council deems to table final action on the application after July 1, 1987.
ATTACHMENTS
1. Sec. 20-73. Nonconforming Lots of Record.
2. Sec. 20-575. A-2 Lot requirements and setbacks.
3. Sec. 20-595. RR Lot requirements and setbacks.
4. Sec. 20-906. Alternate lot size requirements in A-2 and RR Residential Zoning Districts.
5. Section 7. Rural Lot Building Eligibilities prior to 1987.
g:\plan\sa\non-conlbrming lots of record.doc
§ 20-60
CHANHASSEN CITY CODE
Sec. 20-60. Denial.
Variances may be deemed by the board of adjustments and appeals and the council, and
such denial shall constitute a finding and determination that the conditions required for
approval do not exist.
(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86)
Secs. 20-61--20-70. Reserved.
DMSION 4. NONCONFORMING USES*
Sec. 20-71. Purpose.
The purpose of this division is:
(1) To recognize the existence of uses, lots, and structures which were lawful when
established, but which no longer meet all ordinance requirements;
(2) To prevent the enlargement, expansion, intensification, or extension of any noncon-
forming use, building, or structure;
(3) To encourage the elimination of nonconforming uses, lots, and structures or reduce
their impact on adjacent properties.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20.72. Nonconforming uses and structures.
(a) There shall be no expansion, intensification, replacement, structural change, or re]o-
cation of any nonconforming u~. or nonconforming structure except to lessen or eliminate the
noncoBformity.
(b) Notwithstanding any other provisions of this chapter, any detached single-family
dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be
altered, or expanded provided, however, that the nonconformity may not be increased. If a
setback of a dwelling is nonconforming, no additions may be added to the nonconforming side
of the building unless the addition meets setback requirements.
(c) No nonconforming use shall be resumed if normal operation of the use has been
discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the use was in normal operation and shall run
continuously thereafter. Following the expiration of twelve (12) months, only land uses which
are permitted by this ordinance shall be allowed to be established.
*Editor's note-Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its
entirety to read as set out in §§ 20-71-20-73. Prior to amendment, Div. 4 contained §§
20-71-20-78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III,
§ 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992.
Supp. No. 4
1164
ZONING § 20-73
(d) Full use of a nonconforming land use shall not be resumed if the amount of land or
floor area dedicated to the use is lessened or if the intensity of the use is in any manner
diminished for a period of twelve (12) er 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. For the purposes of this section, intensity of use shall be mea-
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Maintenance and repair of nonconforming structures is permitted. Removal or destruc-
tion of a nonconforming structure to the extent of more than fifty (50) percent of its estimated
value, excluding land value and as determined by the city, shall terminate the right to con-
tinue the nonconforming structure. ~
(fl Notwithstanding the prohibitions contain, ed in the forgoing pkragraphs of this section,
if approved by the city council a nonconforming land use may be changed to another noncon-
forming land use of less intensity ff it is in the public interest. In all instances the applicant
has the burden of proof regarding the relative intensities of uses.
(g) If a nonconforming land use is superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
section shall terminate.
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-73. Nonconforming lots. of record.
(a) No variance shall be required to reconstruct a detached single-family dwelling located
on a nonconforming lot of record or which is a nonconforming use if it is destroyed by natural
disaster s'o long as the replacement dwelling has a footprint which is no larger than that of the
destroye~l structure and is substantially the same size in building height and floor area as the
destroyed structure. Reconstruction shall commence within two (2) years of the date of the
destruction of the original building and reasonable progress shall be made in completing the
project. A building permit shall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
-~' (b) No variance shall be required to construct a detached single-family dwelling on a
nonconforming lot provided that it fronts on a public street or approved private street and
provided that the width and area measurements are at lest seventy-five (75) percent of the
minimum requirements of this chapter.
(c) Except as otherwise specifically provided for detached single-family dwellings, 'there
shall be no expansion, intensification, replacement, or structural changes of a structure on a
nonconforming lot.
~ (d) If two (2) or more contiguous lots are in single ownership and if all or part of the lots
do not meet the width and area requirements of this chapter for lots in the district, the
Supp. No. 4
1165
CHANHASSEN CITY CODE
§ 20-73
contiguous lots shall be considered to be m-~ undivided parcel for the purpose of this chapter.
If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance
provisions of this chapter.
(Ord. No. 165, § 2, 2-10-92)
Secso 20-74-20-90. Reserved.
DIVISION 5. BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, ETC.
Sec. 20-91. Building permits.
(a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building
or structure or part thereof without first securing a building permit.
(b) An application for a building permit' shall be made to the city on a form furnished by
the city. All building permit applications shall be accompanied by a site plan drawn to scale
showing the dimensions of the lot to be built upon and the size and location of any existing
structures and the building to be erected, off-street parking and loading facilities and such
other information as may be deemed necessary by the city to determine compliance with this
chapter and other land use ordinances. No building permit shall be issued for activity in
conflict with the provisions of this chapter. The city shall issue a building permit only after
determining that the application and plans comply with the provisions of this chapter, the
uniform building code as adopted and amended by the city and other applicable laws and
ordinances.
(c) If the work described in any building permit is not begun within ninety (90) days or
substantially completed within one (1) year following the date of the issuance thereof, said
permit may become void at the discretion of the zoning administrator upon submission of
documented evidence. Written notice thereof shall be transmitted by the city to permit holder,
statihg that activity authorized by the expired permit shall cease unless and until a new
buil~ling permit has been obtained.
(Ord. No. 80, Art. III, § 4(3-1-4), 12-15-86)
Cross reference--Technical codes, § 7-16 et seq.
Sec. 20-92. Certificates of occupancy.
(a) In accordance with the Uniform Building Code as adopted and amended by the city, a
certificate of occupancy shall be obtained before:
(1) Any nonagricultural building, except an accessory building, hereafter erected or
structurally al .tered is occupied or used; and
(2) The use of any existing nonagricultural building, except an accessory building, is
changed.
(b) Application for a certificate of occupancy shall be made to the city as part of the
application for a building permit. A certificate of occupancy shall be issued by the city
Supp. No. 4
1166
ZONING
§ 20-576
(10) Reserved.
(11) Churches.
(12) Recreational beachlots.
(13) Group homes for seven (7) to sixteen (16) persons.
(14) Golf courses.
(15) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26-88;
Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, § 16, 7-24-95; Ord. No.
259, § 8, 11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-575. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "A-2" District subject to
additional requirements, exceptions, and modifications set forth in this chapter:
(1) The minimum lot area is two and one-ha]f(2¥2) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minin~um lot
frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul-de-sac shah be at least two hundred (200) feet at the building setback line.
(4) The maximum lot coverage is twenty (20) percent.
(5) The minimum setbacks are as follows:
-a. For front yards, fii~y (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, ten (10) feet.
(6)The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11-93)
Sec. 20-576. Interim uses.
The following are interim uses in the "A-2" District:
(1) Reserved.
Supp. No. 9 1207
ZONING
§ 20-595
(4) Tennis court.
(5) Signs.
(6) Home occupation.
(7) One (1) dock.
(8) Roadside stand.
(9) Private kennel.
(Ord. No. 80, Art. V, § 4(5-4-3), 12-15-86)
(3)
(4)
(5)
Sec. 20-594. Conditional uses.
The following are conditional uses in an "RR" District:
(1) Churches.
(2) Private stables.
Public buildings.
Recreational beach lots.
Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 4(5-4-4), 12-15-86; Ord. No. 120, § 4(3), 2-12-90; Ord. No. 259, § 10,
11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-595. Lot requirements and setbacks.
The' following minimum requirements shall be observed in an "RR" District subject to
additiSnal requirements set forth in this chapter:
(1) The minimum lot area is two and one-half (21/2) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot
frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul~de-sac shall be at least two hundred (200) feet at the building setback line.
(4) The maximum lot coverage is twenty (20) percent.
(5) The minimum setbacks are as follows:
a. For front yards, fifty (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, ten (10) feet.
(6) The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
Supp. No. 9 1209
§ 20-595
CHANHASSEN CITY CODE
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2, 6-8-92;
Ord. No. 194, § 2, 10-11-93)
Sec. 20-596. Interim uses.
The following are interim uses in the "RR" District:
(1) Commercial kennels and stables.
(Ord. No. 120, § 3, 2-12-90)
Editor's note-Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No.
120 as § 20-595 have been redesignated as § 20-596.
Secs. 20-597--20-610. Reserved.
ARTICLE XII. '~RSI~' SINGLE.FAMILY RESIDENTIAL DISTRICT
Sec. 20-611. Intent.
The intent of the "RSF" District is to provide for single-family residential subdivisions.
(Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86)
Sec. 20-612. Permitted uses.
The following uses are permitted in an "RSF" District:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(Ord.
Single-family dwellings.
Public and private open space.
State-licensed day care center for twelve (12) or fewer children.
State-licensed group home serving six (6) or fewer persons.
Utility services.
Temporary real estate office and model home.
Antennas as regulated by article XXX of this chapter.
No. 80, Art. V, § 5(5-5-2), 12-15-86; Ord. No. 259, § 11, 11-12-96)
Sec. 20-613. Permitted accessory uses.
The following are permitted accessory uses in an "RSF" District:
(1) Garage.
Supp. No. 9 1210
ZONING § 20-907
(5) Meet the requirements of the Uniform Building Code as adopted and amended by the
city or the applicable manufactured housing code.
(Ord. No. 80, Art. VI, § 6, 12-15-86; Ord. No. 240, § 22, 7-24-95) Cross reference-Technical codes, § 7-16 et seq.
Sec. 20-906. Alternate lot size requirements in A-2 and RR Residential Zoning
Districts.
Minimum lot size requirements in the A-2 and RR Residential Zoning Districts located
outside of the Metropolitan Council's Urban Service Area shall be regulated by article IX and
article X of this chapter, respectively, or in the alternative may be fifteen thousand (15,000)
square feet if the following conditions are met:
(1) A one-unit per ten-acre density is maintained.
(2) All lots must have soil and water conditions which permit a well.
(3) Ail lots must have conditions which will permit two (2) on-site sewer systems installed
in conformance with chapter 19, article IV.
(4) The one-unit per ten-acre density applies to contiguous property under single owner-
ship. Acreage under single ownership, which is not contiguous, cannot be combined for
increased density/building eligibility on one of the parcels. Transfer of development
rights from one parcel of land to another is not allowed, except as permitted in
paragraph (7) below.
(5) Once a building eligibility has been used for a property, a development contract must
be recorded with the county establishing the number of building eligibilities remaining
or documenting that no b.uilding eligibility remains. Transfer of development rights
from one (1) parcel of land'to another is not allowed.
(6) P, ach site must have an area which can support two (2) septic system sites, on a slope
of less than twenty-five (25) percent.
(7) Parcels which do not have public street frontage and are landlocked may transfer
building eligibilities to an adjacent parcel which does have public street frontage and
meets other provisions of this section.
(Ord. No. 80, Art. VI, § 7, 12-15-86; Ord. No. 170, § 3, 6-8-92; Ord. No. 194, § 3, 10-11-93; Ord.
No. 240, § 23, 7-24-95)
Sec. 20-907. Height regulations.
(a) Where the average slope of a lot is greater than one (1) foot rise or fall in seven (7) feet
of horizontal distance from the established street elevation at the property line, one (1) story
in addition to the number permitted in the district in which the lot is situated shall be
permitted on the downhill side of any building.
(b) The height limitations stipulated elsewhere in this chapter shall not apply to the
following:
(1) Barns, silos or other farm buildings or structures on farms; church spires, belfries,
cupolas and domes, monuments, water towers, fire and hose towers, observation
Supp. No. 9 1232.9
6-6-2 Conform to the following standards for living areas:
1. One story rambler designJ960 square feet.
2. Split level design-l,050 square feet.
6-6-3
Split foyer and two story design-600 square feet on the
first floor plus'a two car garage must be attached to
the single family structure.
Have an earth covered, composition~ shingled or tiled roof
or other materials approved by the State Uniform Building
Code.
6-6-4
Receive a building permit. The application for a building
permit in addition to other information required shall
indicate the height, size, design and the appearance of all
elevations of the proposed building and a description of
the construction materials proposed to be used.
6-6-5
Meet the requirements of the State Uniform Building Code or
the applicable manufactured hoUsing code.
SECTION 7. RURAL LOT BUILDING ELIGIBILITIES
6-7-1
Ail lots located outside of the Metropolitan Council's
Metropolitan Urban Service Area boundary shall be created
in conformance to the requirements of Article 5, Section 3
or Section 4.
6-7-2
A new single family building may be established or a lot
containing an existing single family dwelling may be
subdivided onlY if the following provisions are met:
A one unit per ten acre density is maintained using the
following guidelines:
0 - 19.99 acres equals 1 single family unit
20 - 29.99 acres equals 2 single family units
30 - 39.99 acres equals 3 single family units, etc.
Existing parcels of record established prior to the
effective date of this Zoning Ordinance shall be deemed
as buildable lots. This provision also applies to those
lots affected by item 10 of this Section.
Ail lots.shall have the minimum frontage on a public
road as regulated in Article 5, Section 3, 5-3-5 and
Section 4, 5-4-5. To reduce the number of driveways on
collectors and arterials, up to two parcels will be
allowed to be accessed by a private easement.
Ail lots must have soil and water conditions which
permit a well.
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Ail lots must have conditions which will permit two
on-site sewer systems installed in conformance with the
Chanhassen Ordinance No. 10-B.
The one unit per 10 acre density applies to contiguous
property under single ownership. Acreage under single
ownership, which is not contiguous, cannot be combined
for increased density/building eligibility on one of
the parcels. Transfer of development rights from one
parcel of land to another is not allowed, except as
permitted in Section 9 below.
Once a building eligibility has been used for a
property, a development contract must be recorded with
the County establishing the number of building
eligibilities remaining or documenting that no building
eligibility remains. Transfer of development rights
from one parcel of land to another is not allowed.
Each site must have at least one acre of area which can
support two septic system sites, a building pad and
well with a slope of 25% or less.
Parcels which do not have public street frontage and
are landlocked may transfer building eligibilities to
an adjacent parcel which does have public street
frontage and meets other provisions of this section.
10.
Applications for subdivisions in the rural service area
as identified in the Comprehensive Plan to contain a
development density of one unit per 2 1/2 acres will be
accepted until 4:30 p.m. on January 15, 1987, if the
following information is submitted to the Planning
Department:
1. Completion of the Application for Subdivision.
2. Submission of the public hearing list of ~
surrounding property owners.
3. Submission of a boundary survey with the proposed
lot pattern.
4. Submission of required application fees.
Further, these applications must also submit additional
data required for preliminary plat approval in a manner
which will achieve preliminary plat approval by July 1,
1987 unless the City Council deems to table final
action on the application after July 1, 1987.
SECTION 8. HOME OCCUPATIONS
A home occupation may be established and conducted only in
accordance with the following requirements:
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