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4. Chapter 20 Code Amendments CITYOF 7700 Markel Bouievard PO Bex 14T Chanl'assen IvlN 553! Administration Phur, e 952 22~ 1100 Fax 952 227 1110 Building Inspections Phone: 9522271180 Fax: 952 2271190 Engineering Phone: 952 227 1160 Fax: 952 2271170 Finance Phone 9522271140 Fax: 952 2271110 Park & Recreation Phone: 9522271120 Fax: 952 2271110 Recreation Center 2310 Coulter BoL!!evard P/orie: 95222/'1400 Fax 952 2271404 Planning & Natural Resources Phone: 9522271130 Fax~ 952227 1110 Public Works 1591 Pa~k Road Phone: 952227 1300 Fax: 9522271310 Senior Center Phone; 952 227 1125 Fax 952 227 1110 Web Sile ,~ww ci ,358nhasser; ~]!a us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: January 20, 2004 SUB J: Code Amendments, Chapter 20, Articles II, V, VI and VII Staff is proposing that we review proposed changes to the following: Article II Division 1 Diwsion 2 Division 3 Division 4 Division 5 Division 6 Administration and Enforcement Generally Amendments Variances Non-conforming Bldg Permits Site Plan Article V Division 1 Division 2 Division 3 Division 4 Division 5 Flood Plain Generally General Flood Plain Floodway Flood Fringe Interim Use Permit Article VI Wetland Protection Article VII Shoreline Protection Please bring your copies of the Zoning Ordinance. Enclosed is strike-through and bold format showing changes to each article with an explanation of proposed changes. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous @ci.chanhassen.mn.us. The Cil¥ of Chanhassen · A gro',a,'irx, g ocmrqurlit,~ ,~/ilh cean lakes Chapter 20, Zoning Article II, Administration and Enforcement Division 1. Generally Sec. 20-26. 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~,,u~"'~ ~,~.,,,,s="";"~ official, community development director, po, lice,~,w=,'~="~'~="*L,,,,-,.~ 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. *MCC requested that this be clarified. The city does not have a building and zoninR official or a police department. Sec. 20-28. Board of zening ~ an~ appeals and adjustments. (a) Board designation. The planning commission shall act as the board of zaning ~ 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 c~,oyee administrative officer in the administratio, n 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. *MCC recommendation and city attorney. State Statute: 462.359 Procedure to effect plan: official maps. Subd. 1. Statement of purpose. Land that is needed for future street purposes and as sites for other necessary, public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan and a community facilities plan, it may, for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, prepare and recommend to the governing body a proposed official map covering the entire municipality or any portion thereof. The governing body may, after holding a public hearing, adopt and amend the official map by ordinance. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached shall be filed with the county recorder as provided in sections 462.351 to 462.364. Subd. 3. Effect. After an official map has been adopted and filed, the issuance of building pern~its by the municipality shall be subject to the provisions of this section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes are acquired by the municipality, it is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the municipality any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the municipality to acquire such interests without paying compensation .for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. Subd. 4. Appeals. Ifa land use or zoning permit or approval for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit or approval for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the offi'cial map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of such permit or approval is required by considerations of justice and equity. In addition to the notice (t[hearing required by section 462.354, subdivision 2, a notice shall be published in the official newspaper once at least ten days be.&re the day of the hearing. If the board of appeals and adjustments authorizes the issuance (~l" a permit or approval the governing body or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing permits or approvals shall issue the permit or approval if the application otherwise conforms to local ordinances. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit or approval is granted. Sec. 20-29. Board of adjustments variance and appeal procedures. (a) Form; fee. Appeals and applications for variances shall be filed with the ~ administrator 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 administrater community development director shall set a time and place for a hearing before the board of a4j~tme,'~s-a~ appeals and adjustments on such appeal or application, which hearing shall be held within *h:~tY~,,,, tow~qm 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 zen~ng adm~nistrat,or 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 zoning administrator 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 administrator 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. *State statute specifies board ofl appeals and adjustments. The community development director is the zoning administrator flor the city. Occasionally, the hearing date will be in excess off30 days flrom the submittal deadline. Article II, Division 3. Variances Sec. 20-56. 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 om~-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. Sec. 20-58. General conditions for granting. A variance may be granted by the board of ad~:~mm~s-a~ 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. ~ ............. ~ ...... t~ .....t~,~, ~,,:. For purposes of the definition of undue hardship, 4 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. *Recommended by MCC and the city attorney. A definition flor "Undue Hardship" has been recommended by the attorney's office. Sec. 20-60. Denial. Variances may be deemed 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. *MCC recommendation. Article II. Division 4. Nonconforming Uses Sec. 20-72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relocation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity. (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) (d) (e) (f) (g) 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. Fcl!cwing the · .,.~. ........ Of twelve ~ 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. Maintenance and repair of nonconforming structures is permitted. Removal or destruction 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 continue the nonconforming structure. Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights which arise under the provisions of this section shall terminate. *Line redundant with (d) Sec. 20-73. Nonconfroming 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 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. (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, depth and area measurements are at least 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 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. *"lest" misspelling of least. Many of the lots in Carver Beach are only 100 feet deep, which is' nonconforming, and therefore, this change, adding" depth ", will accommodate those also. Article II, Division 5. Eui!ding Pe,u-mits, r~=~;c; ....... c c~ ........ .................. ~ .... y, etc. permits. ................ j ...................... v ..................... ~ ........c,t ,, :ssuea y ....................... ~ ~onrt~a__ the O~ oiv /~ m~t~ .... ~ ~ ~1 pursuant e "'o < to section ,~.o., 1. /~X TF th~ Iht hm ~o may grad:ng .................... an engineer to k~l*,,~.. ~..~11 construction. Sec. 20-95 Zoning Permits. 9 (a.) Zoning permits 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) Sheds less than 120 square feet in building area. (b) Any zoning permit application that fails to meet zoning ordinance requirements shall be denied by community development director. *Staff'is recommendinjg that this division be deleted. Chapter 7 deals with the building code and standards and regulations regulating that will be incorporated in that chapter. There are a few instances where structures may be constructed on property, but where no building permit is required. The zoning permit would be used to determine that required setbacks, height, covera~,e are being maintained. Article II. Division 6. Site Plan Review Sec. 20-108. 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 directorv.~ ~~t~ ......... ~, 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 1, A-2, PUD-R, RR, or RSF provided that the lot and structure siting comply with all applicable zoning ordinance standards. 10 *The cormt~unity development director is the plannin,~, director. PUD-R districts are also residential districts that may have homes located on them. Sec. 20-109. Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed f~ur (d,~ weeks 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 of- planning 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 usc. h. Tabulation box indicating: 1. Size of parcel in acres ~F and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 11 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. (5) 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. * Revision requires proof that additional inputs, e.g., runoff flows, to storm water ponds will not exceed any pond's capacity. 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. 12 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. When the site abuts a public right-of-way, the perspective shall be from the property line across the right-of-way from the project site. Or an alternative, such as: Screening shall be provided from the perspective of a point six feet high a distance of 150 feet away from the building. Rooftop Equipment Screening AC unit Site Line "-- --62 fl 8 fl Parking lot SideYv'alk Lan.d- Right of Way scap~ng Screening shall be provided from the perspective of a point of 6 feet high and a distance of 150 feet away from the building. *Adequate screening for rooftop equipment has come up many times as part of the site plan review process. Staff has prepared language that states screening shall be ['rom the property line. In some instances, such as larger lots, this may lead to higher screening wall requirements, but on smaller lots, this may not provide adequate height to adequately screen the equipment That is one of the reasons staff is suggesting that a specifi'c distance be incorporated in to the requirement. h. Location and detail of signage including method of lighting, height, width, sign display area, etc.. i. Lighting location, style, and mounting and photometrics. 13 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. 1. 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. 14 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. *There is no director of planning in the organizational structure of chapter 2. The city has significant areas that are zoned PUD-R, which is a residential district. Sec. 20-111. 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~,Ac v'~;~ 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 '"~';~ is ~* appealed ~'" m .... ~;~., 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. *The community development director is the planning director. In instances where the Planning Commission tables an item, the applicant could bypass them and go directly to City Council, which is implied by the struck-through language. Sec. 20-113. 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 director,~.-c ~,.~-......s-"~"";"~ 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 of planning 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 ~'~ --~ ~-"-4~'- ~" v ......... s may appeal the decision to the planning commission in the manner specified in section 20-109 of this division. Sec. 20-114. Conditions. 15 The planning commission, city council or community development director of planning may impose conditions in granting approval to site and building plans to promote the intent of this division and to protect adjacent properties. Sec. 20-116. 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 ~.~r ~.~..~.,.~. ......... r> 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. (b) The use of unadorned, prestressed concrete panels and concrete block shall not be permitted. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. The use of metal on building exteriors shall be limited to trim detailing and/or to buildings using metal and glass curtain wails. Architectural metal roof (standing seam and similar) systems and canopies may also be allowed. (c) All rooftop or ground-mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units which blend in with the building architecture may be exempt from the screening requirement. (d) Underground utilities shall be provided for all new and substantially renovated structures. On sites where, through design on topography, rooftop mechanical systems are highly visible from off-site locations, structural screening will be required. (e) Within the HC districts, the standards for the HC districts shall apply in addition to the standards specified in this division. *The community development director is the planning director. 16 DD DD DD DD $ Chapter 20, Zoning, Article V, Flood Plain Sec. 20-326. Purpose. 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 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 !04 103F and 462. *MCC recommendation. Division 2. General Flood Plain District (GFP) * MCC recommendation. DIVISION 3: FLOODWAY DISTRICT (FW) Sec. 20-367. Conditional uses. The following open space uses require accessory structures or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a conditional use permit as provided in 20-351: (1) Structures accessory to open space uses; provided: a. Accessory structures shall not be designed for human habitation. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters; provided: 1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and 2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures shall be flood-proofed in accordance with the Uniform Building Code, as adopted and amended by the city. (2) Placement of fill; provided: Any fill deposited in the floodway shall be no more than the minimum necessary for use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with subparagraph a. of this paragraph. c. Fill shall be protected from erosion by vegetative cover. (3) Storage of materials and equipment; provided: The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. (4) 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 *Revision cites the correct chapter off the Minnesota Statutes. Chapter 105 has been repealed. Sec. 20-377.1 (3) (3) Nonresidential structures. Commercial, manufacturing 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-I or FP-2 classification as defined by the Uniferm Minnesota State Building Code as adopted and amended by the city. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. *State building code governs.. Chapter 20, Zoning, Article VI, Wetland Protection Sec. 20-401. Findings intent; rules adopted by reference. (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 which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive 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 value and function. (c) This article is adopted in part to implement the Wetland Conservation Act of 1991 f~a:-- Laws ,nn, ~,~-,=~ q<A ...... A=m 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. *MCC recommendation and to correct grammer and claril5 section 20-401 (b ). Sec. 20-402. Purpose. 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: 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 m allowed. (9) Mitigating the impact of development adjacent to wetlands. (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. *Revisions claril5 .~40-402(1 ) and (8) Sec. 20-403 (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. oun a es; ma s. A ......... s ...................................................... ~ 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 planning 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 ~'~v-~.. .... ..... ;"'e, 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)--. ,~Wetlanas, a,Wurkan.s- '~ xx;=,~.ao m~, ~ .... ~.~. ;.n ...... a ~ ....a.,,~, .... ~ ................................... a ....... v.~.., w~:~o divers ........... a; ....a a~;....~. ~.,; .... ; .......; ...... , ......~ canary arass, and (2) Wetlands, natural. ~,t~, ...., .... *'~"ds .... t;,~ ;. t~=;¢.~t .... , ot~t~ ~..4 typi lly .. ....... .,...~ ..... . ..... .~ ~., ~ ~; ..... ;.., ~ ~,~.. .... ; ..... ;*~ ~;~ dominance purpose ~c .... c ....... t~. *MCC recommendation. There is no "planning director" in the organiz, ational structure. Wetland types are defined in the definition section of city code. Utilized is a water body type, i.e., a storm water pond. Sec. 20-404. No net loss. 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, 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. *Revisions add "excavate" to list of prohibited activities and deletes a comma in last sentence. Sec. 20-405. Standards. 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) ,~, ,, fox~j feet above ordinary high water mark of the wetland. (3) Docks ...... ti ......... and boardwalks shall be elevated a minimum of six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) 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. *Revisions clarification on §20-405(2)'s elevation requirement make this 3 ft. to comport with requirements for structures near lakes and streams under §20-481(e). Docks, which are removed seasonally are not permitted across a wetland so as to avoid twice annual wetland impacts. The boardwalk is a permanent structure. Sec. 20-406. Wetland buffer strips and setbacks. (a) For lots created after December, 14, 1992, f~'= ~ ............... t~ ..... ~, 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 Accessory 100' 40' measured from the 40' measured from the 0' Structure Setback outside edge of the buffer outside edge of the buffer strip strip Buffer Strip 28 35' --100' 40 20 --30' 016.5'--20' O' Buffer Strip Minimum Average 50' 20' !4~ 16.5' 0' Width % of Native Vegetation in Entire Entire Optional Optional Buffer Strip 4 GRAPHIC LINK: AG/URBAN WETLAND ILLUSTRATION 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 constricted 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 fovt-ysixty-foot deep 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 Accessory 100' 40' measured from the 40' measured from the 0' Structure Setback outside edge of the buffer outside edge of the buffer strip strip Buffer Strip 20' I0 ' 0' 0' Buffer Strip Minimum Average 50' 20' 10' 0' Width % of Native Vegetation in Entire Entire Optional Optional Buffer Strip (bc) For lots of record on December 14, 1992 f,4~,~ ~r ~.4; ...... ,4^~;^,-, 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 under a wetland alteration permit: Pristine Natural Ag/Urban Utilized Setback Principal Structure 10ft 75' 75' 0' *MCC recommendation. Revisions expand wetlands buffer strips, increase building pad requirement to 60'x60', and clarify §20-406(b). The minimum 16.5, 20 and 35 foot buffer widths are required by the Minnehahaha Watershed District. This needs' to be consistent with the watershed district. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (1) AvoidiTvgs the direct or indirect impacts to the wetland of the activity that may destroy or diminish the wetland; (2) Minimizmges the impact to the wetland by limiting the degree or magnitude of the wetland activity and its implementation; (3) Rectifyinges the impact by repairing, rehabilitating, or restoring the affected wetland ~;,,;t (4) Reducm-ges or eliminati~es the impact to the wetland over time by preservation and maintenance operations during the life of the activity; and (5) Replacmges unavoidable impacts to the wetlands 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 ?.20.0630. 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 within §20-412 "- ...... .... v ................ ation Section ............... as well as the standards, intent, and purpose of this article. ,4 6 go (c) Sequencing flexibility. (1) 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 board. 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: (i) 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; (ii) 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; (iii)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: (aa) demonstrates impact minimization to the wetland; (bb) agrees to perpetually preserve the designated upland site; and (cc) completely replaces the impacted wetland's functions and public values; or (iv)the wetland is a site where human health and safety is a factor. Revisions refer readers to appropriate provisions of Minnesota Rules and City Code ,~20. Also, corrects a typo in ,~20-407(c)(2)g. Subsection c. relocated to section 20-408 (5). The sequencing section is from Minnesota Rules Section 8420.0520 subp. 7. Sec. 20-408. Permit required. (a) No person shall drain, excavate in the permanent of semipermnanent flooded areas of type :3, 4, or $ 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. Drain~ing, grading, excavating, filling, removMing 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: (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 ($) business days prior to the use of any form of treatment of 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 thc 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. Revisions add "excavating" to list of wetland altering activities that require a permit and delete ,~20-408(4) because it is inconsistent with other laws. Section 20-408 (b) is relocated from section 20-407 (c) because it is more appropriate to include in this section Sec. 20-409. Filling. When a wetland alteration permit is issued to allowing filling in a wetland, (4-) Frilling 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. *Revisions emphasize that wetland filling within the City must_follow the Chanhassen Surface Water Management Plan and that, generally, filling wetlands is prohibited by law. Sec. 20-410. r~.~,4,.; .......... "~' gGrading When a wetland alteration permit is issued to allowing dr~s,..~,~,-~, --..s, ~, grading in a wetland, the following standards shall be followed: (1) The~,~s,.s"~="-;~- grading will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. 9 (2) (3) (4) (5) (6) (7) (8) It shall be located as to minimize the impact on vegetation. It shall not adversely change water flow. The size of the graded a~=,~=a .... s'~'~ area shall be limited to the minimum required for the proposed action. The dDisposal of any excess graded ~ material is prohibited within the wetland area. The dDisposal of any excess graded dredged material shall include proper erosion control and nutrient retention measures. 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. Grading tCred~P,g 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 functionM and value of the wetland. Dre,~,:ng *Grading encompasses both dredging and excavating activities. 10 *,~20-4 ! 1 should be deleted front the City Code because pretreatment of storm water must be provided prior to discharge into wetlands. Sec. 20-412. Mitigation. (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 state law 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, to ~a-'e ~ ch,, .... ;~ ~ ...... ~o,;~. (2) D~*.~-~f ~F ~-fl ........ ~-~o ~-~ ~ ............ llb, (8) U.,4;o...k~.4 u?lan&qowland ~,~ (i = k,,~c~.~ 11 (c) Mitigation techniques. (1) Mitigation will be performed at a ratio required by state law. (2) Replacement wetlands must replace Mitigation should always result in an * *~ 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, maintaining (3) Mitigation areas shall be subject to the buffer requirements provide a buffer stg4p-as set forth in this article. (4) Mitigation shall maintain or enhance the wetland hydrological balance function and values through the following and shall be required 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. (65) 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 12 perform mitigation off-site, the applicant shall be responsible for purchasing wetland credits from the state wetland bank. contributing (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 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. monitoringv.,~, ....... other vu-..c 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. *Revisions refer the reader to several different relevant portions of Minnesota Rule 8420 that deal with wetland loss mitigation. Sections of the ordinance that do not comport with Rule 8420 should be deleted. The revisions also call on a mitigator to make use of the state wetland bank when off-site mitigation is necessary instead of contributing, to a City mitigation fund. Sec. 20-413. Application and issuance of permit. (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, and habitat evaluation procedures for the review of a wetland alteration permit application, and any other information required by Minnesota Rule 8420.0530. The "'~"';'~v ......... ~ 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 13 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. (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 being commenced. *Revision is only needed to bring the wetland replacement plan components of Minnesota Rule 8420.0530 into the City Code. Sec. 20-416. Exemptions. 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: 14 (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. *Revision gives correct provision of Minnesota Rule 8420. Rule 8420.0120 has been repealed. Provides requirements fbr work under an exemption. Sec. 20-417. Variances. 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 C-ode chapter so long as the variances do not violate the Wetland Conservation Act or-R-u-les and rules adopted under the Act. *MCC and city attorney recommendation. Sec. 20-418 (a) (a) Violation of article VI, wetland protection, or of the terns of a permits issued thereunder shall be a misdemeanor .... ;oh~.~ r.., ..;~.,/om ,4 .... ~ i~il ~,4 a (b) Any person who alters a wetland in violation of article VI, shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee. The city council may require the violator to restore the wetland or take other mitigative measures. *MCC and city attorney recommendation. 15 Chapter 20, Zoning, Article VII, Shoreline Protection Sec. 20-476. Statutory authorization and policy. (a) Statutory authorization. This article is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter !05 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. *MCC recommendation. Chapter 105 has been repealed. Sec. 20-477. General provisions. (a) Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters as classified in section 20-479 ~.78 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 "~'4""v,-,.-,-~ 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. *Revisions change §20-477(a) so that it refers to the correct shorelands classification § of the Code, and make some clarifications. MCC recommendation to delete subsection (e). Sec. 20-479. Shoreland classification system and land use districts. (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. (b) ~ Shoreland area defined. ]- The shoreland area for the waterbodies listed below shall be as defined in section 29 ! 1-2 and as shown on the official zoning map. *MCC recommendation. Staff is proposing that all definitions be consolidated in Chapter 1. (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 *Staff is proposing adding the ordinary high water elevation as an informational item. This elevation is necessary for determining setback requirements. (d) Rivers and streams. (1) Agricultural: Minnesota River--From west city boundary to east city boundary. (2) Tributary streams: Bluff Creek--From Basin 10-209W to Basin 27-132P (Rice Lake). Rily 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 Mi nnewashta (10-9P) to Lake Virginia (10-15P). Basin 10-212 W to Lotus Lake (10-6P). Purgatory Creek--From Lotus Lake (10-6P) to east city boundary. 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. *Revisions complete the list of tributary streams shown on the DNR Protected Waters and Wetland map by adding several tributary streams to the list in §20-479(d)(2) and clarify the final sentence. Sec. 20-480. Zoning and water supply/sanitary provisions. 3 (a) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows: (1) Sewered lakes--Natural environment: ...~. .......... Ncnr arian Lots Lakeshore Site Nonlakeshore Site Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 (2) Sewered lakes--Recreational development: Lflkeshore Site Nonlflkeshore Site Area Width Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 Unsewered lakes--Recreational development: Lakeshore Site Nonlakeshore Site Area Width Area Width Single 40,000 125 15,000 90 (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 4 Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. *Revision corrects subject/verb agreement problem in §20-480(a)(3). Lot minimums are established in the zoning districts. Sec. 20-48 I. Placement, design, and height of structure. (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 as follows: Classes of Public Waters' Structures Structures Sewage Treatment Unsewered Sewered System 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. (b) Additional ~Structure setbacks. The following additional 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 5 county highway (4) Right-of-way line of town road, public 20 streets, or other roads or streets not classified (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level, whichever is higher; b. 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 c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. *MCC recommendation 6 (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-481 (a) if this water-oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks shall not exceed eight (8) feet above grade at any point. b. The setback of the structure or facility from the ordinary high water level shall be at least ten (10) feet; c. The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; d. The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area; e. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and f. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area of up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline. (3) 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: a. 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; d. 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; e. 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 f. 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 sWai4wmsm~q~, this Section are met comp?,ed with in addition to the requirements of Minnesota Regulations, Chapter ~ ~nn 1341 *MCC and city attorney recommendation. (4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (5) Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (f) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed thirty-five (35) feet in height. *Rrevisions make minor clarifications. Section 20-481(e)(3) is revised to cite the correct Minnesota Rules. Sec. 20-482. Shoreland alterations. (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: 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 ...... a;,:^,~ .... if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. *Development which could be approved by city council include subdivisions, site plans, interim use permits, or conditional use permits, not just conditional use permits. All these would address potential grading and vegetation issues. Developments would still need to comply with these standards. 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; 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. Revisions clarity vegetation, clarifies .~20-482(b )(2 )b.2. to include streams, and adds §20-482(b)(2)c to prohibit clear cutting. Sec. 20-483. Topographic alterations/grading and filling. 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 section Chapter 7, article III. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. *MCC and city attorney recommendation. Sec. 20-486. Sewage treatment. Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows:' (1) Onsite sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in section 20-48 l(a) of this article. (2) A nonconforming sewage treatment system shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (3) 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 which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.221 ~5¢144, 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. *Revisions ask if opening sentence 0£§20-486 is meant to be {botnoted or if it is a typo. Also, revisions correct .~20-486(3 ) by citin~ the correct Chapter of the Minnesota Statutes. 10