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3. City Code Chapter 20-ZoningCITYOF CHANHASSEN 7'700 l,la'~,~t B ul v~tr'l Clarrass~u MN 55317 ~Jministralion PI ! '{2227a10L tax 52 2~!!10 ~x % L:1i)0 Engineering Fi~a F~x ¢~277 1! Park ~ ~a~r~tia~ P~ ~(: ~52227 1120 F~x %2 22, 111 2310 C u !~r BouJevarr', PI ]r>, c~2 22,~ Planning & Natural Resources Fix 95222T1110 Public Works 1591 Par~ pror ~, ',X~: 227 Fax 622ZF 13!0 Phr~- 952 227 1!25 F~, 952 22T i110 Web Site To: From: Date: Re: Planning Commission Bob Generous, Senior Planner, AICP March 2, 2004 Proposed Zoning Ordinance Amendments Attached please find the recommended Zoning Ordinance amendments. All new language appears in bold, while deleted/amended language has been struck through. Staff will provide a verbal presentation, summarizing the changes, at the Planning Commission meeting. Our intent is to open this item for Public Hearing to solicit input and public comment. Due to the length of the amendments, staff is recommending that the Planning Commission open and continue the public hearing on this item to the March 16, 2004, Planning Commission meeting. g:\plan\bg\city codc\chapter 20 cover memo 3 2 04 pc.doc lhe City of Chankassen · ), or',/';~' ng ,scrrul 'jri~t,, ';,,t suit/lak(s qua',ity s,3hoo!s a charming do;~,'r/to',~,r/t!!rJ'¢Jr',g busil~(!ssos wi/ding trails a!ld beautiful [)arks A THE MINNESOTA LATH & PLASTER BUREAU PROUDLY PRESENTS Volume 13, :Issue :[ Fall/Winter 2003 EIFS is not a "Four. Letter Word" Editor's Preface: This article is a reprint from the Hpls/$t. Paul Chapter October 2003 issue of SPECFIC$. It was written by MNLPB's Associate Director Paula Nyquist Part Exterior Tnsulation and Finish Sys- tems, commonly known as EIFS, have been subject to controversy in the past few years. Just men- tion the name and a debate will occur. Due, in part, to a series of highly-publicized failures, owners, architects, contractors, and insur- ance companies now question the wisdom of using the system: Ts there good reason for this growing uncertainty, or. do the facts prove that there is nothing to fear? The reputation that EIFS has at- tained is a direct result of failures in the residential market in the Southeast, primarily in Wilming- ton, North Carolina. In those cases, improper installation of EIFS and other building compo- nents allowed water to penetrate behind the exterior envelope, leading to general deterioration, and structural damage. Are these problems to be expected in all ETFS projects, or is there some- thing different about residential construction? There are a number of significant differences between commercial and residential construction. Other Art/c/es in this Issue "A Minnesota Classic" Page 2 Herd on the Street Page 3 AIA Stucco Presentation Page 4 So Who's This New Person? P?ge 7 Local 265 §ponsors Certification Page 7 "Knock On The Wall" Page 7 The construction team: Commer- cial projects typically involve full- time professionals that specialize in different aspects of the work, i.e., architects, engineers, major contractors and subcontractors, and factory-supported suppliers. Residential work is often done by a developer or builder who has little budget for a complete pro~ fessional team. Owner representation: Tn com- mercial construction, the architect represents the owner, choosing products that have a proven track record and periodically verifying conformance during construction. :If an architect is involved in resi- dential work, it is typically to draw initial elevations and help with finish selection. The owner has no one to offer advice about selection of materials; appear- ance is usually the deciding fac- tor. Contractors: Homeowners often have no choice of contractors; even when they do, they rarely use the same one twice. They also have little to go on making (Continued on page 5) Volume 13, Issue 1 (Continued from page i) their selection, so less qualified contractors can more easily continue to get more work. Products: Residential products are residential grade, and the average person has no idea better commer- cial grade products are available. In most cases this is not a problem, as homes do not face the wear and tear that commercial buildings do. However, the interface of materials is most critical to how these products perform. Installation: Though not always the case, residential subcontractors have less requirements and are not always skilled mechan- ics. Often, the training and quality control can be substandard. Many products including EIFS require qualified instal- lation, and may not be suitable for use by inex- perienced contractors. Let's take a look at EIFS - what it is and how it should be used - and see if there is Yankee Square lnn--Completed in1978 any reason to assume that what happened in North Carolina means anything to commercial work in Minnesota. The Evolution of EIFS EIFS originated in Europe in 1962 and was first intro- duced in North America in 1969. Primarily two types of EIFS have been installed, PB (Polymer Based) and PM (Polymer Modified). The main difference between these two systems is that the PM system is installed much like a traditional stucco system. The system incorporates a thicker basecoat and requires metal trim accessories including expansion and control joints. PH systems typi- cally need to be designed to a minimum deflection of L/360. plvl systems have a higher portland cement con- tent and like a stucco system, tends to crack and sepa- rate from the metal trim accessories. PM Systems are rarely specified or installed for these reasons. PB systems have a thinner basecoat, do not require trim accessories and are designed to a minimum deflection of L/240. PB systems, for the most part, are much more widely accepted, easier to install, maintain and much Page 5 more cost effective. One of the often overlooked advantages of using an EIFS system is that when incidental damage to the system does occur, repair is usually inexpensive. And, unlike repairs to heavy cladding materials like brick, or those that require large numbers of complex con- nections to structure, repair of EIFS is typically com- pleted with little effect on the building occupants. Types of EIFS The EIFS Industry Manufacturers Association (EIMA) has established recommended practices and guide- lines for the industry. These standards include product requirements based on ASTM and ANSI standards, and provisions to address building code requirements. Within the framework of the EIMA standards, individual manufacturers have devel- oped their own systems, details, and installation pro- cedures. Two classifications of ETFS Systems Barrier EIFS: Insulation board is attached directly to sheathing or masonry substrate using adhesive, mechanical fasteners, or combination of both. A basecoat is applied to the insulation board, with rein- forcing mesh embedded before the basecoat cures. An acrylic textured finish completes the assembly. Dr~finagc channels cut in back of insulation Drainage EIFS: Drainage systems incorporate a drainage plane behind the standard system, and a weather-resistive barrier is required at that plane. Water that reaches that plane can move down through space provided by one of several methods: drain- age channels in the insulation board; adhesive installed with vertical notches; or a three- dimensional drainage medium such as metal lath, vinyl lath, or a plastic drainage mat. Insulation board is fastened to the substrate using the (Continued on page 6) Page 6 Three dimensional Vertical adhesive drainage medium (Continued from page 5) same options as the barrier system. The weather- resistive barrier is a fluid-applied product, or a peel- and-stick membrane. A distinct advantage of incorpo- rating a weather-resistive barrier offered by the EIFS manufacturer is that there is a single source of re- sponsibility for the entire system. These systems of- ten have an extended manufacturer's warranty. In the Twin Cities market, there have been millions of square feet of EIFS installed in the past twenty-five years. These installations are for the most part com- mercial, and have performed as expected, with few problems. The Marriott Hotel off Highway 169 on Opus Parkway is an example of a barrier type EIFS system. This hotel, now more than 18 years old, has had no system defects. With only minor Iow-cost re- pairs, the owner has realized savings from both up- front installation costs and reduced energy costs. The Mall of America was opened in 1992 and the principle cladding is a barrier EIFS system. Southdale originally opened in the 50% was renovated in 1990 with a bar- der EIFS system, with another addition in 2002. Mys- tic Lake Casino has had multiple successes with their structure starting with their first building (the main casino) in 1992, followed by the first hotel in 1996, the second hotel in 2000 and their banquet facility in 2001, all barrier EIFS. Why would an owner continue to use a cladding unless it fulfilled or exceeded their expectations? Doing it right The best way to obtain long-term performance is to select the right system, detail it properly, and have it installed by a qualified contractor. Lack of any one of these requirements is enough to overcome the other two. In this respect, there is nothing unique about EIFS, as the same requirements apply no matter what the product or system. Typically, a designer will choose a material to be incorpo- rated into the design. The product is evaluated as to whether it is appropriate for the specific project. After a product has been selected, the process of verbally and graphically portraying what it is expected to do and how it will work with related elements is developed. Research into the product or system should include discussion with the potential manufacturer, locating alternative manufac- turers, and choosing a product or system that will work best with the other building components. No matter how well the documents are written and drawn, how perfect the product may be for its intended use; installation can- not be overlooked, as it is the key element to bring all the processes together. A well-written specification increases the likelihood of a project being done correctly, and being involved in the subcontractor selection will help to ensure it. - Paula Nyquist, CSI, CDT Don't miss the next issue of HOT SPOT when we will continue with Part Z! of this article which includes a discussion of design considerations, prod- ucts and installation for EZF$. Plinnetonka Marriott Com- pleted 1985 Anyone out there want to tackle these questions? 1 would love to hear what you have ~o say. Corn- ments will be posted in next HOT SPOT Forward Responses tc: Paula Nyquist, MN Lath and Plaster Bureau, 820 Transfer Road, St Paul, MN 55114, Email: paula@mnlath-plaster, com CODE AMENDMENTS 12/27/02 7/11/03 2/25/04 Chapter 20, Zoning Article I Sec. 20-1, definitions *Delete in its entirety. De['initions are beinx consolidated in Chapter 1 o£ the City Code. {Auto service center} means an integrated group of commercial establishments or single establishments planned, developed, and managed as a unit with off-street parking provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and lubricating services, and the performance of minor automotive maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. *Recommended by MCC. *Recommended by MCC and concurred by city attorney. New definition o[ "Undue Hardship" added. Kennel, private means any place where three (3) or more dogs or cats over one (1) year of age are kept or harbored, such animals being owned by the owner or leasee of the premises wherein or whereupon the animals are harbored or kept. *Not consistent with the chapter 5 Animals or Fowl: Private kennel means any place where either · More than two (2) dogs; or A combination o[four doxs or cats over six (6) months of age are kept or harbored, provided such animals are owned by the owner olqessee of the premises on which they are kept. Staff,is proposing that all definitions be consolidated in Chapter 1 using the zoning definition rather than Chapter 5's definition. Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers, wetlands, bluff or by street rights-of-way. *Clarifies that lot area calculations may only include "developable" land. Primary zone means the area within the watershed buffer zone that most directly impacts Bluff Creek and/or its tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is intended to be preserved as permanent open space. *Clarifies the primary ~one. "Public waters" means: (1) waterbasins assigned a shoreland management classification by the commissioner under Minn. Stat. sections 103F.201 to 103F.221; (2) waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction; (3) meandered lakes, excluding lakes that have been legally drained; (4) waterbasins previously designated by the commissioner for management for a specific purpose such as trout lakes and game lakes pursuant to applicable laws; (5) waterbasins designated as scientific and natural areas under Minn. Stat. section 84.033; (6) waterbasins located within and totally surrounded by publicly owned lands; (7) waterbasins where the state of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership; (8) waterbasins where there is a publicly owned and controlled access that is intended to provide for public access to the waterbasin; (9) natural and altered watercourses with a total drainage area greater than two square miles; (10) natural and altered watercourses designated by the commissioner as trout streams; and (11) public waters wetlands, unless the statute expressly states otherwise. *Recommended by MCC and the city attorney. Recreational beach lot means land abutting public water which serves as a neighborhood recreational facility for the subdivision of which it is a part. *Clarifies definition. Undue hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, 3 will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. *Recommended by the city attorney. Sec. 20-5. Identification of arterial and collector streets. For purposes of this chapter, the following are identified as arterial and collector streets: Arterial Streets: County Road 14 County Road 17 County Road 17 County Road 18 County Road 19 Trunk Highway Trunk Highway Trunk Highway Trunk Highway Trunk Highway Trunk Highway (Pioneer Trail) (Powers Boulevard) (Audubon Road south of Lyman Boulevard) (Lyman Boulevard, west of Trunk Highway 101) (Galpin Boulevard south of T.H. 5) 5 7 41 101 169 212 Collector Streets: Audubon Road (north of Lyman Boulevard) Arboretum Boulevard Bluff Creek Drive Century Boulevard (from West 78th St. to 82'`d St.) Coulter Boulevard (formerly McGlynn Drive) County Road 117 (Galpin Boulevard north of T.H. 5) Dell Road (south of Trunk Highway 5) Kerber Boulevard Lake Drive Lake Drive East Lake Drive West Lake Lucy Road Longacres Drive Lyman Boulevard (east of Trunk Highway 101) Market Boulevard Minnewashta Parkway Pleasant View Road West 78th Street *For claritfcation purposes separate and to add new state aid street. Arboretum Boulevard is T.H. 5) Start'recommends has alphabetized and included appropriate spacing and headers with colons after "Arterial Streets" and "Collector Streets". Article II, 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 and zoning official, community development director, police~,~,~,,4 .... .,~tL.,,~,,~ 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 clar({i'ed. The city does not have ti building and zoning offfcial or a police department. Sec. 20-28. Board of ~mmg ~,4~,,~,~,~,,t,, ~`4 ~w ................appeals and adjustments. (a) Board designation. The planning commission shall act as the board · ~'~"o~ .... `4 appeals and adjustments. (b) Powers. Pursuant to Minnesota Statutes Section 462.357, subdivision 6, the board shall have the following powers: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city,~,.,~,,,,~~ ..... administrative officer in the administration enforcement of this chapter; (2) To hear requests for variances fi-om 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: o~cial maps. Subd. 1. Statement of purpose. Land that is needed Jbr future street purposes and as sites j%r other necessary public facilities and sera, ices 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 Qffi'cial map of land neededJbr future public uses perndts 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 communi~ facilities plan, it may, jbr 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 thereoJ~ 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 o, ffi'cial 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 Qf 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 drqfi of the o~ffi'cial map. The accuracy of the.fim~re acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After adoption, a copy of the o~fcial 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 o~]i'cial map has been adopted and filed, the issuance of building permits by the municipality shall be sul~ject 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,{br 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 qf 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 elan official map does not give the municipality any right, title, or interest in areas identified ~br public purposes thereon, but the adoption of the map does authorize the municipality to acquire such interests without paying compensation Jbr buildings or structures erected in such areas without a permit or in violation of the conditions qf 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 Jbr 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 j:br public purposes forms a part cannot yield a reasonable return to the owner unless such a per,nit or approval is granted, and (b) that balancing the interest of the 6 municipality in preserving the integrity qf the o.[~i'c'ial 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 q(justice and equity, bt addition to the notice of hearing required by section 462.354, subdivision 2, a notice shall be published in the qfficial ~ewspaper once at least ten days befi)re the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a permit or approval the governing bocly or other board or commission having jurisdiction shall have sbt months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and ifino such proceedings are started withi~t that time, the q~i'cer responsible.~r issuing permits or approvals shall issue the permit or approval if the application otherwise con. forms to local ordinances. The board shall specti~ 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 ~om-mg administrate, r 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,~,~j~,o,,,,~,,,o~;"o'~-'o and appeals and adjustments may waive the application fee in unusual circumstances. (b) Hearing. Upon the filing of an appeal or application for variance, the ~ administrate, r community development director shall set a time and place for a hearing before the board,,~,~ ,~W~,o~,,,,~,,~o'~A~"°~"' .... ,,..,~'~ appeals and adjustments on such appeal or application, which hearing shall be held within t~irty~_,,,~(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 zening administrator 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 zomBg ~'~;~;~*~*~ ' · ,, ............... 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 ~ a~ministrater 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 of appeals and adjustments. The community development director is the zoning administrator {bt the city. Occasiouallv, the hearing date will be in excess of 30 days from the submittal deadline. Article II, Division 2. Amendments. Sec. 20-43 (b) If a development is proposed adjacent to a lake or will affect the usage of the lake, .... ~; ........ ;mm ....... ~ ....... ~. .... the community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. The applicant is responsible for meeting with affected homeowners. *This requirement is onerous in those instauces where there are no impacts to the lake. The proposed revised language is from the site plan section of Chapter 20. 77~e ci(v currently exceeds the notice requirements q[state statute. M.S. 462.358 subd. 3b only requires 10 days published notices for a subdivision. M.S. 462.357 subd. 3 requires 10 days published notice and mailed notices within 350feet ({'the amendment effects zoning district boundary changes of 5 acres or less. Notifying everyone around the lake is strictly a local requirement. 8 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 ene-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 .,a;,,o,~.,o o.a -w ............... 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. "Undue ~,.~Ao~.;." ~ .....,h ....... · ........ , ~. .... ,, ..........~.~ ..... [. ........r ;~ ~;~ physical ' oh ...... ' ........~" For purposes of the definition of undue hardship, su~cund:ngs, o,,,r ..... r~s, -r,,:- reasonable use includes a use made by a majority of comparable prope~y 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 ~)r "Undue Hardship" has been recommended by the attorney's o~}'ce. 9 Sec. 20-60. Denial. Variances may be deemed denied by the board of "~;"~'~'~ ~ -w ............... 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. Il' 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) 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 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 thc 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 10 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 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. (f) 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 bm'den of proof regarding the relative intensities of uses. (g) 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 11 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 Cata;er Beach are only 100 ['eet deep, which is nonconforming, and therefore, this change, addin,g" depth ", will acconlnlodate those also. Article Ii, Division 5. Building Permits ................... v .... : ..... 12 ~,,;1A;~ ~;* ;~ ;~o,,~ g~ ~o*,-,,~f;~ ;g*k~ ~of,-,,~*;~ .... ;11 ~o,,If a,,mou,,. ~,' k~ greater than five hund:'ed permit is issued. The escrow '~* .... : .......... ~ 2 t~uar_,q_o8 ..... V ............................................ VTM V ..................... : ,~, any labo", o: .... ,,,..~,*~;"~,., costs ;'.. incurs in securing corn ance with .........- c ~..~ ~ developer ~ .... 13 Sec. 20-95 Zoning Compliance Review. (a.) Zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.: (1) Agricultural Buildings. (2) Decks less than 30 inches above the ground and not attached to the principal structure. (3) Permanent fences less than six (6) feet in height. (4) Retaining walls less than four (4) feet in height. (5) One-story detached accessory structures, used astool or storage sheds, playhouses, and similar uses, less than 120 square feet in building area. (6) Sport courts. (b) Any zoning compliance review application that fails to meet zoning ordinance requirements shall be denied by community development director. *Staff is recommending that this division be deleted. Chapter 7 deals with tile building code and standards and regulations regulating that will be incorporated in that chapter. There are a few instances where structures nta¥ be constructed on property, but where no building permit is required. Tile z. oning compliance review would be used to determine that required setbacks, height, coverage are being maintained. Article Il. Division 6. Site Plan Review 14 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 director ef planning 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-I, A-2, PUD-R, RR, or RSF provided that the lot and structure siting comply with all applicable zoning ordinance standards. *The community development director is the planning 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 r~l .... ~.~ 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 ~f- "~"";"~~, ......... ~ 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. 15 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 an'ow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to sun'ounding streets, rights-of-way, easements and natural features. f. Description of intended use of the site, buildings, and structm'es including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: 1. Size of parcel in acres ~: and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (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. 16 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. * Revisiott requires proot'tl~at additio~al i~Tputs to stoner water po~Tds will ~zot exceed a~,y pound'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. Vehict~lar 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. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or feom a distance of 250 feet, whichever is greater. *Adequate screechings {'or rooftop equip~te~t l~as coyote up ~auy tin~es as part o{'tl~e site pla~7 review process. Tl~is langt~a~4e provides a ql~a~litative staudard {'or review. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, ant! mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and di~'ection 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. 17 n. Such other infon-nation 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 fi'om 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, upon the city's request. f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code including lands lying in the Primary and Secondary Zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains but shall specifically exclude designated wetlands. *There is no director o['planning in the organi~.atiomd structure oflchapter 2. The city has signi£icant areas that are zoned PUD-R which is a residential district. 18 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 directorv,-r ,~o,,;,~t~ ......... ~ 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 which ;o 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 plannin,g director. In instancex where the Planning Commission tablex an item, the applicant Coldd bvpaxs them and rio directly to city council. 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 of -~t~ .......... .... ~--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 of planning may appeal the decision to the planning commission in the manner specified in section 20-109 of this division. Sec. 20-114. Conditions. The planning commission, city council or community development director of planning may impose conditions in granting approwfl 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 19 with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the community development director ,,,~'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 walls. 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 ix the plamff~,g director. Article III. Zoning Districts Generally and Zoning District Map Retaining .....~ exceeding 2O *Sec'. 20-1183 f requires en,~ineeri~g {hr four {hot retaining walls. Additionally, staff'is proposing that sections 20-118 and 20-1183 [be deleted and make a new section 20-1025 under fences and walls addressin~ retaining walls. Sec. 20-201. Establishment of districts. The city is divided into the following zoning districts: Agricultural Districts "A-2" Agricultural estate district. Residential Districts "RR" Rural residential district. "RSF" Single-family residential district. "R-4" Mixed low density residential district. "R-8" Mixed medium density residential district. "R-12" High density residential district. "R-16" High density residential district. "RLM" Low and medium density residential district. Business District "B-N" Neighborhood business district. "BH" Highway and business services district. "CBD" Central business district. "BG" General business district. "BF" Fringe business districts. Institutional and industrial District "OI" Office and institutional district. 21 "lOP" Industrial office park district. Special Districts "PUD" Planned unit development. "FW" Floodway district. "FF" Flood fringe district. "GFP" General flood plain district. "S" Shoreland district. "HC-I" Highway 5 central business corridor district. "HC-2" Highway 5 corridor district. "BCO" Bluff Creek Overlay District. *The city does not have any agricultural preservation (A-l) zoned land. The city does not intend to preserve agriculture as a use within the community. Stafl'is drafiin,g a new zoning district t/tat could be used in areas that are guided both residential- Iow and medium density in the 2020 comprehensive plan. Sec. 20-203. District boundaries. Except where referenced on the zoning map, a street or alley line or other designated line by dimensions shown on the map, the district boundary lines of all districts except the flood fringe and floodway district, shoreland management district and Bluff Creek wetland overlay district shall follow lot lines or the centerlines of streets or alleys. Where interpretation is needed as to the exact location of the boundaries of any district, the board of~w~,~,..,~..~o~'4;"°'~-' .... ~,.,,.,a appeals and adjustments shall make the necessary interpretation. *There is no wetland overlay district. Staw statute specifies Board of Appeals and Adjustments. Article IV. Conditional Uses Sec. 20-236. Expiration. 22 If substantial construction has not taken place within one (1) year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontintied for six (6) months, the conditional use permit shall become void. This *This date has passed, including the six month period. Sec. 20-251 through 20-296 Sec. 20-252. Bed and breakfast establishments. The following applies to bed and breakfast establishments: (1) Two (2) off-street parking spaces phis one (t) additional space per rental room must be provided. (2) There shall be no more than one (1) employee in addition to the residents. (3) Establishment must be owner occupied. (4) Not more than five (5) rooms may be rented. All rooms must be located in the principal dwelling except that one (1) room may be located in a detached accessory structure. *The city has no way lo regulate the duration e/'a stay, nor is it appropriate for the city to deny an individual who may wish to stay ]0 days or two weeks that opportuni~. . parcel *This requirement makes Axel, the MinnesotaGrill in Byerly's and other restaurants in the communiO, non-coq/bnning. Cemetery- C-A2: (See chapter 8) 1. The minimum lot size for a cemetery shall not be less than I Acre. 23 2. Headstone and markers shall be of natural stone. 3. Maximum height of a headstone shall not exceed three (3) feet in height above ground level, two (2) feet six (6) inches in width and six (6) inches in thickness. An apron of at least four inches in width shall be placed around said marker or monument at a depth so as to assure no settling or movement of the marker or monument, which shall be made of concrete, which apron shall also be level with the surface of the ground, and which shall be affixed to the marker so as to prevent grass, weeds, or other vegetation fi'om growing between the marker and apron. 4. Installation of markers and monuments shall be provided adequate planking to protect turf and shall remove materials, equipment and refuse immediately upon completion of work. 5. Ground water testing shall be done to determine high water table and springs located on the site. 6. Sufficient maintenance and perpetual care funds shall be in place. 7. Cemetery hours shall be fi'om sunrise to sunset. 8. The site shall contain a minimum of 10 parking spaces. 9. Access to the cemetery shall be by means of a collector or arterial roadway. 10. Mausoleums: maximum size/height 20 feet must maintain district setbacks. *The intent of the city is to regldate the activity, un({brmity, and appearance q[Jhture cemete(v development that may enter the city. 77~ix iq{~rmation is based q~' Chapter 8 regarding the Chanhassen Pioneer Centeter~, as well as the City q[Apple Valley municcal code. Churches- I-BN, I-BH, I-CBD, I-BG, I-BF, 1-1OP: 20-258 (1) 1. The applicant shall be issued a two year 1UP permit, upon renewal of the permit the applicant shall demonstrate adequate parking, liffc safety, and adequate occupancy. *The intent ql~'the city is to assure that temporary chl~rches throl~ghout the c'i(v in its business districts have adequate parking and meet fire and building code requirements based on the number of members. Concrete Mixing Plant- l-lOP: 1. Storage of material shall be contained within screened storage yards. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 2. Hours of operation shall be 7-6 Mon-Fri, 9-5 Sat, closed holidays and Sundays. 3. The site shall have access by means of a collector or arterial roadway. 4. An environmental impact statement may be required by the planning commission or city council regarding environmental performance standards and design criteria related to: (a) air pollution, (b) fire and explosion hazards, 24 (c) radiation hazards, (d) electromagnetic radiation and interference hazards, (e) liquid, gas and solid wastes hazards, (f) noise standards, (g) vibration standards, (h) water quality and (i) others as may be requested by the city. *All landscaping shall comply with this chapter, Article XXV Lamtscaping and Tree Removal sectio~ 20-1176. The i~te~t of the city is to regldate the e~viromnental impacts of the industrial facili(~' and to ensure the health a~d saJ~(v ~{'its residents. Contracting Yard- C-lOP: 1. Equipment and supply storage must be screened or enclosed. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 2. Vehicles/Equipment shall be stored within an enclosed or screened area. 3. No unlicensed or inoperable vehicle/equipment shall be stored on premises. 4. All chemicals shall be stored in proper storage facilities, specified by OSHA regulations. 5. The contractor shall be Licensed, Bonded and Insured *All landscaping shall comply with this chapter, Article XXV Lrmdvcaping a~d Tree Removal sectio~ 20-1176. The i~Tte~tt q[ the city is to e~sttre the aesthetics appearance of the city and to e~zsure the health alld saJ~i?/y of its reside~ts. Equipment Rental- C-BG: 1. Equipment storage must be screened or enclosed. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 2. No outdoor loud speaker system shall be permitted. 3. Equipment may be display during business hours only. 4. Displays may not occupy required parking spaces. 5. Displays may be located in designated display areas approved by the city. *All la~dscaping shall comply with this chapter, Article XXV La~tdsc'api~g a~d Tree Removal section 20-1176. The i~tent q[the city is to ensure the aesthetics appeara~ce of the city and reduce the amou~t of clutter located o~ a~ i~dividttal site. Farmer's Market- I-BH, I-CBD, I-()l: 1. Trash receptacles and screened dumpsters must be provided. Large dumpsters must be picked up the day following the close of the farmers market, a minimum of once per week. 2. The site shall be maintained and cleaned up on a nightly basis to eliminate debris or rodent activity. 3. The site must be accessible via a collector or an arterial roadway. 4. Sales hours shall be between sunrise and sunset. 25 5. A parking plan proportionate to the number of venders shall be submitted for city review and approval. 6. Restroom facilities shall be provided. *The intent qf the city is to include a farmers market during the growing season and to ensure the aesthetics of the downtown districts. Signage to include the entire growing season .Qr farmers market. Food Processing- C-lOP: 1. The site must have access via a collector or arterial roadway. 2. All loading docks must be screened with berming, landscaping, or other structures. 3. Truck parking is permitted on-site only in designated truck parking m'eas, parking must be screened. 4. Compliance plan must be submitted to the city including: a. An inventory of potential or identified odor emission point sources associated with the industry or source b. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of but not necessarily limited to certain processes, procedures, or operating methods intended to mitigate or control odor pollution. c. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. d. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. e. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedm'es, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. f. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan. *The intent of the city is to penuit food processing Dlanls within the city limits as well as regulate the aesthetics, environmental, and odor impacts ou the neighboring residents. Most of this iqfi)rmation was gathered.from tile City of Des Moines, Iowa municipal code. 26 Garden Center- C-BH: 1. Storage of equipment and landscaping materials shall comply with a minimum F3 fence; as specified in this chapter. 2. A loud speaker system is prohibited. 3. Blower, heating system for the nursery must be shielded or muffled from public view and audibility. 4. All chemicals must be stored/used as specified by OSHA regulations. 5. Accessory displays may not occupy more than 20 percent of the site; this includes but is not limited to plant material and gazebos. 6. Displays may not occupy required parking spaces. *All landscaping and screening shall comply with this chapter, Article XXV Landscaping and Tree Removal section 20-1176. The intent oJ'the city is to ensure the health and safety oj'its residents as well as reduce the amotmt (~{'materials displayed on a single site. Stqff has suggested 20% el'site area for display as a starting point. This number may be too little or too much. We are open to suggestions. Golf Course- C-A2: 1. Hours of operation shall be from sunrise to sunset 2. Soil must be tested to determine fertilizing requirements. If necessary, the applicant/owner/lessee shall use slow release fertilizers applied at low rates or only as needed, use natural organic fertilizers whenever possible. The use of fertilizers shall be prohibited within the flood plain. Only Phosphorous free fertilizers shall be used. 2. The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. 3. The applicant/owner/lessee shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. Annual reports of fertilizer use shall be provided to the city. 5. A clubhouse may be permitted on the site. The clubhouse must be shown on the site plan and must comply with all building and zoning requirements. 6. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20% of one floor. Retail sales are limited to food, beverages, and golf related items. 7. All maintenance and other equipment must be kept in a screened storage area. 8. The golf course must be to accessed fi'om a collector or arterial roadway. 9. The site design shall minimize golf ball hazards. 10. Hours of maintenance operation shall be limited to sunrise to sunset. 11. Loud speaker system is prohibited. 27 *The intent of the city is to provide criteria for golf c'ourses in the A-2 district along with the criteria in the "Go!flDriving Range" criteria in Division 2 Conditional Use Permits Agricultural and Residential Districts section (~[ this chapter Section 20-265. Home Improvement Trade- C-IOP: 1. All equipment and material shall be stored in a screened or enclosed area. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 2. Hours shall be 7:00 a.m. - 6 p.m. Mon-Fri, 9:00 a.m. - 5 p.m. Sat. 3. A loud speaker system is prohibited. 4. A list of chemicals and pollutants used on site must be provided as part of the site plan review. 5. All chemicals shall be stored/used as specified by Federal, State, and Local regulations. 6. Outdoor assembly and/or building construction are prohibited on site. *All landscaping shall comply with this chapter Article XXV Landscaping and Tree Removal section 20-1176. The intent et'the ci0, is to regulate the aesthetics and sqfety of its residents. Hotel- C-IOP: 1. The site must be accessed via a collector or an artcrial roadway. 2. The site shall have a covered entrance and a separated drop off area, which may not block the drive isle. *The intent of the city is to provide guidelines to ensure adequate circulation to the structure. Lumber Yard- C-IOP: 1. Material and supply storage must be screened or enclosed. Screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 2. A loud speaker system is prohibited. 3. The site must be accessible via a collector or arterial roadway. 4. All waste material shall be disposed of by owner or lessee. 5. Recycling of materials must be provided. *All lands'caping and screening shall comply with this chapter, Article XXV Landscaping and Tree Remowd section 20-1176. The intent qf the city is to ensure the aesthetics and environmental impacts of this site. Major Auto Repair & Body Shops- C-BG: 1. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas. 2. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. 28 3. No public address system. 4. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles. 5. Disposal of vehicle fluids shall comply with PCA regulations. 6. Facilities for the collection of waste oil must be provided. *The intent of the city is to regulate the intended activity of this site and reduce any unnecessary visual or audible nuisances to neighboring properties. As well as ensure the proper disposal of waste materials. Mineral Extraction- I-A2: 1. Hours shall be 7:00 a.m. to 6:00 p.m. Mon-Fri, 9 a.m. - 5 p.m. Sat; no hours of operation on Sundays or holidays. 2. A restoration plan shall be provided as part of the site plan review process. 3. Storm water management plans shall be provided as part of the site plan review process. Plans shall be submitted with site plan prior to council meeting 4. The site must be accessible via an arterial or collector roadway. 5. The use of explosives shall comply with state and federal regulations. Property owners within 1,000 feet of the site boundary shall be notified at least 48 hours prior to the use of explosives. 6. Road restoration security deposit must be submitted to the city. 7. Applicant shall submit a dust control plan. *The intent of the city is to ensure the health and sq{'ety of/ts residents as well as the restoration O[ such property. I A1 I ^~ ~,~ ......... ~ ......... ~ ~, .........~ .....~ ..... a~, c~ ~ ~0~ of this bottom portion of the unit. ti ............... HB ....... ~ ~' OUB~a on. T/I ch'/c Model Home- I-R12, C-R16: 1. This criterion applies only to dwelling units which are converted into office space on a temporary basis, removal following occupancy, or leasing of 90% of the units or 3 years after opening of development. 2. 5 parking spaces shall be provided. 3. Lighting shall be provided to ensure safety. 4. The structure must be located within 150-feet of a paved road surface (ie. bituminous or concrete roadway). 29 *The intent ().{'the city is to allow temporary real estate ql~i'ce space within a dwelling unit in a development for the sale of new homes. For apartments, there will generally be a sales or rental (?.ffice. This would apply to lownhouses and condominiums. Motel- C-lOP: 1. Parking: shall be located in the interior/behind building so as not to be visible from the public street. 2. Access is limited by means of a collector or arterial roadway. 3. Height of structure shall be limited two stories/30 feet. *The intent of the eitv is to provide guidelines to ensure adequate circulation to the structure. Motor Freight Terminal- C-lOP: 1. Access shall be limited to a collector or arterial roadway. 2. Trailer storage shall be screened; screening shall comply with Buffer Yard D and F4 Fencing as specified in this chapter. 3. Loading docks must be located away from or screened from public view. 4. Sufficient parking shall be provided on site to prevent on-street parking of trucks. 5. Trailer parking shall be provided on-site. *All landscaping and sc'reening shall comply with this ehapter, Article XXV Landscapiug and Tree Remowd section 20-1176. The intent q['this chapter is to ensure the aesthetic appearance ~{'the city, while providing adequate access to the site. D~;.,~ lx~m.*,*ml ~/1 DA. q2== (~h,~t,:.,~ q 5. Must receive a kennel license from the city. 30 Research 1. Lab- C-lOP: All chemicals and pollutants and waste must be stored, used and disposed of according to OSHA and Hazmat regulations and standards. The building must be secure from persons other than laboratory personnel. No outdoor experiments that cause hazards or excessive noise or odors shall be permitted on site. *The intent cf the city is to pert;fit research lab facilities while ensuring the health and safeO' of its reside~ts. Small Vehicle Sales- C-BH: 1. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas. 2. Display during business hours only. 3. Displays must be in designated display areas, may not occupy required parking spaces. 4. All repair, assembly, disassembly and maintenance of vehicles shall occur within a building 5.No outdoor public address system 6. Disposal of vehicle fluids shall comply with PCA regulations. Facilities for the collection of waste oil must be provided. *The intent q[ the city is to regulate the intended activity of this site and reduce a~ty tmnecessa~ visual or audible nuisances to neighboring properties. As well as ensure the proper di,sposal el'waste materials. Supermarket- C-BN: 1. Delivery routes are limited to collector or m'terial roadways and prohibited through residential districts 2. Loading docks must be screened from public view. 3. Waste compaction equipment shall be enclosed within a building or structure. *Tile intent of the city is to ensure tile aesthetic appearance (ti'the city while providi~zg adequate circulation Jbr delivery and loading areas. Temporary Classroom Structures- i-OI: See sales trailer 2. All structures must be removed before or on permitted ending date. 3. Design Standards shall include skirting along the bottom of the structure. 4. Landscaping must be provided around structure. 5. Pedestrian access shall be provided including access in conjunction with the principle structure. 31 *The intent of the city is to provide additioual class room space while preserving the aesthetic appearance of the. structure,uc'~'~r ~, wJ ,,,., ..... provided ~,~n sq. .~. &'; ~ strutting point r~ ~; ......... ; .... F;~rFosr, s. Building size is a rime'lion q[lot size, setback, parking requirements, etc. Temporary Outdoor Display- I-BN, I-BH, I-CBD, I-BG, I-BF: Change to Accessory Use Temp Sales 3. Display may not interfere with pedestrian access. 4. Display may not occupy required parking spaces. *The intent of the city is to allow outdoor displays Jbr business while providing guidelines to ensure the aesthetic appearance q{'the city. Stqff is uncertain i{'size and/or height restrictions should be imposed. You're comments regarding this issue would be greatly appreciated. *Staff has prepared additional criteria {bt conditional uses that were listed bu! had no standards. This section may be re-or,~auized to accommodate the additional criteria. ........................................ o,q ~'- ....... so'o~ towers. *MCC recommendation. 7his is redundant since towers must comply with article XXX. Sec. 20-257. Wholesale and retail nurseries. (a) Intent. It is the intent of this section to recognize that pre-existing retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments pre-date current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council. 32 (b) {-Conditions.] The following conditions will apply to wholesale and retail nurseries: (1) The site must be on a collector or minor arterial street as identified in the (2) The minimum lot size is five (5) acres. (3) All storage and yard areas as well as buildings must be set back fifty (50) feet from public or private road rights-of-way, and three hundred (300) feet from an adjacent single-family residence or a minimum of fifty (50) feet from a side lot line, whichever is greater. (4) All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. (5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to properly guided residential as identified in the comprehensive plan. (6) Light sources shall be shielded. (7) No outside speaker systems shall be allowed without approval from the city council. (8) A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occun'ence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. (9) One (1) wall sign not to exceed ninety (90) square feet and one (1) monument sign not exceeding twenty-four (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan. *MCC recommendations. Arterial and collector streets are identified in Article I of this chapter. Sec. 20-263 (11) 33 subdivision of which it is a pa,x. For purposes of this paragraph, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. *MCC recommendation. T/tis sentence is contained in the definitions l%r recreational beach lots. Sec. 20-263 (12) (12) All recreational beach lots, i,,,~,,~n ................ ,; .... ~ ~, .... h ~,o ~,.,~,~:oh~a v,,~,"'~''~ ,~ February ~,~ ~ ,..,, ,~ o~.v may be used for swimmin~ beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. *MCC recommendation. Sec. 20-263 (18) g. g. The following improvements are prohibited in gazebos-;: screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. *MCC recommendation. Sec. 20-265. Golf driving ranges. -{The following applies to-]-golf driving ranges with or without a miniature golf course< (1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial stre~,t which leads to TH 5 or TH 212. (2) Horn's of operation shall be from sunrise to sunset. (3) Provision of adequate parking areas and submission of landscaping plan shafl be in conformance with article VIII of the zoning ordinance. (4) No site shall be located within five hundred (500) feet of a single-family residence. (5) Buildings on the site may be not exceed eight hundred (800) square feet and shall be painted in earth tones. (6) A retail pro shop is permitted. Only prepackaged food may be sold with no commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the 34 applicant applies and receives approval of a liquor license in accordance with City Code. Retail sales is limited to golf related items and the pro shop. *MCC recommendation. Sec. 20-266. Sales trailers for residential developments. Sales trailers are subject to the following conditions: (1) Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office/model. At such time, the trailer shall be removed from the site. (2) Horn's of the sales trailer shall be 8:00 a.m. to 9:00 p.m. (3) There shall be no outdoor speaker. (4) Lighting shall be downcast, with no flashing, blinking or skylights permitted. (5) Trailers shall be skirted and landscaped. One (1) trailer shall be permitted per development. (6) Trailers shall comply with Minnesota State Building Code Amerkans w~th n~m,~ · ~. ~ ~ ~ ~ ~ requirements. (7) Off-street hard surface parking for three (3) to five (5) cars shah be provided. (8) The engineering department shall approve any access from a city street. *MCC recommendation. The Minnesota State Building Code includes the accexxibililv requirements. Sec. 20-282. Motor fuel and service stations. The following applies to motor fuel stations: (1) No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas. (2) All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. (3) No public address system shall be audible fi'om any residential parcel. 35 (6) Required customer and employee parking spaces shall not be used for rental vehicle storage. (7) Vehicle sales are not permitted. (8) The number of rental vehicles shall not exceed fifteen (15). (9) Only automobiles owned by the rental agency shall be stored on the property. Landscaping o,,.,,°h"u comply v'~'r', .,, a?;o~e XXV. (11) Parking spaces allocated for rental vehicle storage shall be designated. One and two-tenths (1.2) parking space shall be provided per rental vehicle. (12) No signs shall be attached to vehicles. *MCC recommendation. The condition ix redundant. Renumber 11 and 12. New Article IV, Division 5 (relocated from Article V, Division 5). Division 5. Interim Use Permits Sec. 20-320. Purpose and intent. The purpose and intent of allowing interim uses is: (1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction, and (2) To allow a use that is presently acceptable but that with anticipated development will not be acceptable in the future. Sec. 20-321. Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for amendment as provided in article II, division 2, except that the permit shall be issued for the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for an interim use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use, building and functions, circulation and parking areas, planting areas and treatment, sign locations and type, lighting, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. 37 Sec. 20-322. General issuance standards. The planning commission shall recommend an interim use permit and the council shall issue interim permits only if it finds that such use at the proposed location: (1) Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. (2) Conforms to the zoning regulations. (3) The use is allowed as an interim use in the zoning district. (4) The date of event that will terminate the use can be identified with certainty. (5) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (6) The user agrees to any conditions that the city council deems appropriate for permission of the use. Sec. 20-323. Termination. An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: (1) The date stated in the permit; (2) Upon violation of conditions under which the permit was issued; (3) Upon change in the city's zoning regulations which renders the use nonconforming. *The i~terim ltse permi! is logically located q['tcr the c'o~lditiomd ~se per, tit. We believe that it was a mistake oJ'the codi[icatio~l procexx that located it i~ Article V. Article V. Flood Plain Overlay District 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 38 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 404 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 ac[joining 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. 39 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 lite 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, cun'ent or cross-section of a public water shall be subject to the provisions of Minnesota Statutes chapter 103G !05. *Revision cites the correct chapter o{' the Mimiesota 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-1 or FP-2 classification as defined by the Uniform Minnesota State Building Code as adopted and amended ~y '['~,,,. ~,~;.'-;~" Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. *State building code ,gover. s. The city may .et ame~M t/re Stale Buildi~g Code.. Division 5. Interim Use Permits The pu~ose~,,,,.."-a ;.~=.,,,,,~,,. ,~,~r allowing inte:'im ..... .o,~o is: 40 ..... t th~f fh~:~ it shg11h~ ; ..... ~ r0r 'he affirmative vote ~r ..... ;~a., ~' ,h~ entire ~u ............ reqtfire~ t0 .... :!!ustrates t~.,~ following: ~.~ .............. building .................. , (2) Conforms to ~ zoning (3) The use ;~ "~ ..... 4 ......into im .... ;- '~'~ ' g -"o'.';f'f ............... r ........... zonln .......... permission of the use. .... ' .... ;~o of :tn)' "+' *~'~ f01~ .... :~" events, An interim .... permit o~-~ f ....;~.,,~ ~. f[,D h ?p ....... ~ ,,,k~o~, ..... first ......... perm ...... ,,.o SSU change in ....... : ........~ "-s .......... which renders m~ use nonconforming. *This section belongs in Article IV of Chapter 20. 41 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 ~4~ ~ ..... ~o~ ,~,,~,~ ~,~ ........ ~,~m d d (M S 103F 612 q ) ~ .................., .... v .................... :, as amen e etse 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 riled lO correct grammer and clarify xec'tion 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: (l) 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 delineating 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. 42 (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. Obtaining protective easements over or acquiring tee title to wetlands as appropriate, *Revisions clarify §40-402(1) and (8) Sec. 20-403 (a) Generally. Wetlands shall be sub~ject 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 r es; ma. A in this a:lic!e. Wetland boundaries and wetland types, as established by officially adopted city maps, shall be prima facie evidence of the location and type of wetland. The official maps shall be developed and maintained by the planning department. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for reviews supporting the applicant's position. The applicant shall provide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The '-~ .... ;~ community development director shall make a determination to maintain the officially designated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a registered engineer, surveyor, or a qualified wetland consultant. The applicant may appeal the 43 planning community development director's determination of the wetland boundary and type to the city council. (c) Wetland types. This article establishes three (3) wetland types and one water body type: (1) Wetlands, ag/urban, xx/et~a-% *~"' ~' ..... ~,~. ;.c, ......r: ~.,, icu!tura! or u"ka- ..................................... :agr ,~ ,, ~ ...... USa ;-c~ua~' over nutrification, s~;~ =~ ~:~- and ,.=a;~.,~,; ..... a water quality cvercr0wdin~z .................... : ~ ...................... (2) Wetlands, natural. Natura! wetlands are still in their natura! state and typically ~,~r species. ~,h~,,~, key r,,,.,,,~[~,o .... ,,,~,~.;--~"a~' presence oc, natural ;"a;°at,,,~,~ ~, ..... sp .... ; .... s, s~-,~A (3) Wetlands, pristine, uz~*'"-ds '~' ..... ;of in ..... ' ..... ' state .... ~ ~ ..... specia! (4) Utilized ~ T*;1;Z~'4 ..... *~ k,a; ............. ~ *',.- ,~ ........ ;r; ...........r ...... rS'= water ................................ q~,J.t ....~ .............. water. ..... are not f the) .... ;,o shall ke ....... ;,.~a, .... n~., ~ ......... not .... q ................... k~ work on ..... water bodies. *MCC recommendation. 77tere is .o "phmnin,g director" in lite organizational structure. Wetland typex are defined in the definition section of city code. Utili~.ed ix a water body type, i.e., a stot?n 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 wetlandv 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 SeFllellCe. 44 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 fi'om the ordinary high water mark of thc wetland. (2) The lowest ground floor elevation of a principal structure is three (3) twa (2) feet above ordinary high water mark of the wetland. (3) Docks or wa!kways 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 Be,vt Management Practices Hamlbook shall be followed. *Revisions clarification on .~20-405(2 )'s elevation require,tent ,take this 3 {~. to comport with requirementx {hr structurex near lakes and ,vtreamx under .~s20-481(e) Docks, which are removed seasonally are not permitted acroxx a welland xo ax to avoid twice wmual wetland impacts. The boardwalk ix et permauenl xlrltCll~re. Note: life 6- 8 inch hei,~ht require,tent will be a&led to xection 6-26 Dockx ? Sec. 20-406. Wetland buffer strips and setbacks. (a) For lots created after December, 14, 1992, ,,~,~"*'~ ~.-c ,~ ~,...~..,~^'-~; ....... '~'-'~t~ ..... ~,, a buffer strip shall be maintained abutting all wetlands. All existing vegetation a~jacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by city council. Bufl~r strip vegetation shall be established and maintained in accordance to the following requirements. If the buffer area is disturbed, plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred (300) feet of wetland edge. The buffer strips and structure setbacks shall meet the following standards: Wetland Type Pristine Natural Ag/Urban Utilized Principal and 100' 40' measured 40' measured 0' Accessory fi'om the outside fi-om the outside Structure edge of the edge of the Setback buffer strip buffer strip 45 Buffer Strip -2-0 35' --100' 40 20 --30' 0 16.5'--20' Buffer Strip 50' 20' 10' 16.5' !0' Minimum Average Width % of Native Entire Entire Optional Optional Vegetation in Buffer Strip 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 fo~t by fortysixty- 3,000 square foot deep building envelope .,,,a~,~, 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 100' 40' measured 40' measured 0' Accessory fi'om thc outside from the outside Structure edge of the edge of the Setback [buffer strip buffer strip Buffer Strip 20 ' 10 ' 0 ' 0' Buffer Strip 50' 20' 10' 0' Minimum Average Width % of Native Entire Entire Optional Optional Vegetation in Buffer Strip · '~:~'"'; ~"x within (bc) For lots of record on December 14, 1992 c;~,,.~,~,~,~ ,~.'-c ,~.,_....~..,~,~; ...... ,~,--,~ ...... ~ wetland areas and for lands abutting a wetland area, the following minimum provisions 46 are applicable unless alternative plans are approved by the city as outlined in subparagraph (a) above under a wetland '~"er"';o~ permit: Pristine Natural Ag/Urban Utilized Setback Principal Structure 100' 75' 75' 0' *MCC recommendation. Revisions expand wella;ids buffer strips, i;icreaxe buildin,g pad requirement to 60'x60', and clarifl¥ §20-406(b). The mDtimttm 16.5, 20 a~zd 35 foot bulkier widths are required by the Min~iehahaha Watershed District. This needs to be consistent with the watershed district. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shah adhere to must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (1) Avoidmgs the direct or indirect impacts to the wetland of the acti;'ity that may destroy or diminish the wetland; (2) Minimizi~es the impact to the wetland by limiting the degree or magnitude of the wetland activity and its implementation: (3) Rectify/-mges the impact by repairing, rehabilitating, or restoring the affected wetland activity 'and its implementation; (4) Rcducinges or eliminat4-mges 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 84,,20.0,530. 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 ....................... s ....... Section ,, this as well as the standards, intent, and purpose of this article. 47 b. ^:'e~ of pond to ~"~' .... *~ .~," ~..~r~"*~ ~,~r treatment. (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 Minnesota Board of Water and Soil Resources. Thc project sponsor must provide the necessary information and thc local government unit must document thc 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 thc 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 48 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 r~fer readers to appropriate provixions qf Minnexota Rulex rlllrl City Code Ss20 Also, corrects a typo in .~20-407(c)(2),~. Subxectiou c. relocated to section 20-408 (5). The sequencing section is/5'om Minuesota Rules Section 8420.0520 ,S'lttT[). 7. Sec. 20-408. Permit required. No person shall drain, excavate in the permanent of semipermnanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Drainageing, grading, excavating, filling, removating 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 strects 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. (54)Discharge of stormwater runoff in a manner that impacts the wetland. 49 (b) The city must be notified at least five (5) business days prior to the use of any form of treatment of wetlands including chemically treating, burning, mowing or biologically treating wetlands to control nuisance vegetation. (1) At the time of notification, a person or company will be required to supply the following information: a. Location of pond. b. Area of pond to be treated. c. Name, address and telephone number of the party responsible for treatment. d. Name, address and telephone number of person or persons performing the treatment. e. Date of treatment. f. A list of the type of treatments to be used at such time. g. A statement indicating an understanding of the treatment being applied and its effect on humans, plants and wildlife. Revisions add "excavatin,~" to list of wetland alterin ~ aclivities that require a permit and delete §20-408(4) because it is inconsistent with olher laws. Sec. 20-409. Filling. When a wetland alteration permit is issued allowing filling in at wetland, the folio;ring 0t0 tZfilling 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 2t}-416. ................................ st:' wetland to ~ ....... s ........... ng capac ,.., the be 50 *Revisions emphasiz, e that wetland filling within the City must follow the Chantiassen Sure,we Water Management Plan and lhat, generally, fi'llin,g wetlands is prohibited by law. Sec. 20-410. Dredging; excavation: gGrading. When a wetland alteration permit is issued allowing dredging,~,.~.= ........., ..,,~,'; .... ~, grading in a wetland, the following standards shall be followed: (1) The dredging grading will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. (2) It shall be located as to minimize the impact on vegetation. (3) It shall not adversely change water flow. (4) The size of the graded dredged area shall be limited to the minimum required for the proposed action. (5) The dDisposal of any excess graded ~ material is prohibited within the wetland area. (6) The dDisposal of any excess graded dredged material shall include proper erosion control and nutrient retention measures. (7) Grading~l ~=l 11~ ~a 0;" ~ in any wetland area is prohibited during waterfowl breedin~ season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (8) Grading'-"~'-'s,"sr~'=~*";"" 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 functional- and value of the wetland. Dredging to create water quality i *Gradinf4 encompasses both dredging and excavatin,g activities. 51 When a "'e~-~'d alteration .... ....... ~ ................allow direc ', .... a ........................ ~ ^ ........... over tk~ , .... iai VO!kh'~.~ of wetlands. Tk~ restrictions ~. runoff ~' ou' .............. not runoff oppo~unity to "~' '"e?an~ ....... ty ~' ~ ~ total natural ..... ~ ............... str:pp:ng capac: reduced ;~ Surface Water Management Plan. *,~20-41/ xhould be deleted fkom lite City Code because pretreatment of xtorm water muxt be provided prior to di,vchar,~e i. to wethmdx. 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 !aw 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. 52 (2) D,.~f .... (3) High 1 .... ....... *; ...... *"';~" between !:1 a~4 1:2. (4) A ratio of open water to -u .......~ ........... ~, ' ' ~ ...... species in upland and lowland areas. (7) Restoratian ,r nat:ye -~ .... ' (c) Mitigation techniques. (1) Mitigation will be performed at a ratio required by state law. (2) Re acement wetlands must re ace ...... .... v.o ...... n, to the wetland function and value that are lost from a wetland that is drained or filled. Thc 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 shall provide a buffer strip as set fotgh in this m-ticle. (4) Mitigation shall maintain or enhance the wetland hydl'-o!ogica! balance function and values through the following in ratios set forth in Minnesota Rules §8420.0541: a. Restoration of completely or partially deteriorated wetlands. b. Creation of new wetlands. c. Upland buffer areas. 53 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. (g6) Wetland mitigation should be undertaken on-site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off-site, the applicant shall be responsible for purchasing wetland credits from the state wetland bank.,~,.,,,~ .... '~'"~,~,,~-,,s ~*~,,,~ '~-,~ city's ..... ,,,~ ~,;~,~,;~ r..~ Th~ ~;,:~,;~ formed orr site shall meet *~ above ............... ~ .................... ~ ...... per (d) Construction management and long term wethmd mrlintenancc. (1) The permit holder shall follow the city's best management practices to minimize direct impacts duc 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. The permit holder shah conduct a 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. 54 *Revisions re[br the reader to several d!fferen! relevant portions o[Min~esota Rule 8420 that deal with wetland loss mitigation. Sections of the ordinance that el() ~tot comport with Rule 8420 shotdd be deleted. The revisions also call on a mitigator to make use o~' the state wetland bank when off'-site miti,k, ation is necessary instead of contribttting 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 842t}.0530. The planning community development director shall use discretion regarding the level and complexity of information required to review the request. A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purposes, intent, and other provisions of this article. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, among other matters, limit the size, kind, or character of the proposed work: require the construction of other structures: require replacement of vegetation and wetland function and value: establish required monitoring procedures and maintenance activity; stage the work over time; require the alteration of the site design to ensure buffering; require the provision of a performance security. (b) The Chanhassen City Council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources management. Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. (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 ali other necessary permits including but not limited to those required by watershed districts, Minnesota Department of Natural Resources, Army Corps of 55 Engineers, and Minnesota Pollution Control Agency prior to the permitted work been commenced. *Revision is only needed to bring the wetland replacement plan components o{'Minnexota Rule 8420. 0530 into the City Code. Sec. 20-416. Exemptions. Activities exempted by Minnesota Rules 8420.0122 8420.0! 20 shall be exempted fi'om the provisions of this article. However, certificates of exemption must be obtained fi'om the city prior to starting work. A person conducting an activity in a wetland under an exemption in part 8420.0122 shall ensure that: (a) appropriate erosion control measures are taken to prevent sedimentation of the water; (b) the activity does not block fish activity in a watercourse; and (c) the activity is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices as listed in part 8420.0112, and water resource protection requirements established under Minnesota Statutes, chapter 103H. *Revixion givex correct provision o[Mimwsota Rule 8420. Rule 8420.0120 has been repealed. Provides requirements ~'or work trader 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 Ltl 3 of this chapter so long as the variances do not violate the Wetland Conservation Act or Rules and rules adopted under the Act. *MCC and city atlortleV 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 .... i,,h,~KIc. 1~,; ~;~.:.,,, t;Cffl\ rt .... ~ i~;1 ,~nrl r:.~,,,,~ of seven ................. ~.. ...... ~. 56 (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. Article VIi. Shoreline Management District. Sec. 20-476. Statutory attthorization 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 20-479 478 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 fi-om this article. A body of water created by a private user where there was no previous shoreland is exempt fi-om this article. (b) Compliance. The use of any shoreland of public waters: thc 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. 57 (c) E~{forcement. The community development planning 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) hTterpretation. 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. *Revisionx change ,~20-477(a) so that it refers to lite correct shorelands classi/ication ,~ of the Code, and make some clarifications. MCC recommendation lo delete subsection (e). Sec. 20-479. Shoreland classification system and land use districts. (a) Shoreland clasx~fication sy,¥tem. The public waters of Chanhassen have been classified below consistent with the criteria found m 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 20 1 1-2 and as shown on the official zoning map. *MCC recommendation. Staff ix proposin,g t/tat 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 58 Rice Lake 27-132P 699.2 Rice Marsh Lake 10- IP 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 hi,~h water elevation as an infi)nnational item. This elevation is necessary/'or determinin~ setback requirements. (d) Rivers and streams. (l) 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). Riley Creek from Lake Ann (10-12P) to Lake Susan (10-13P). Riley Creek from Lake Susan (10-13P) to Rice Marsh Lake (10-1P). Lake Minnewashta (IO-9P) to Lake Virginia (IO-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. 59 *Revisions add several tributary streams to lhe list in ,~'20-479(d)(2) and clarify the final sentence. Sec. 20-480 (a) (3) Zoning and water supply/sanitary provisions. (3) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams, except those specified in the underlying zoning district. The lot width standards for single, duplex, triplex and quad residential developments for the six (6) river/stream classifications are as follows: Tributary Agricultural No Sewer Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 *Revision corrects subject/verb agreement problem in ,~20-480(a)(3). Lot minimums are established in the zonin,~, districts. Sec. 20-481. Placement, design, and height of struclure. (a) Placement qfstructures on lots. When more than one (i) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level for lakes and rivers and the centerline of streams as follows: Classes of Public Structures Sewa~k,e Treatment Waters Struc'lures Sewered ~vstem Unscwered Lakes Natural environment 150 150 150 Rec reati on al 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. 60 (b) Additicmal ~Structure setbacks. The following additiona! structure setbacks apply, regardless of the classification of the waterbody. Setback From: Setback (in feet) (1) Top of Bluff 30 (2) Unplatted cemetery 50 (3) Right-of-way line of federal, state, or 50 county highway (4) Right-of-way line of town road, public 20 streets, or other roads or streets not classified (c) Bh~f[impact zone¥ Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses withoztt water-oriented ~eeds. 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 fi'enrage, shall either be set back double the normal ordinary high water level setback or be substantially screened fi'om view fi'om 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 thc 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 thc 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 manage~nent 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 elewttion, electrical and mechanical equipment is placed 61 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 (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-48 l(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 thc configuration of the shoreline. (3) Stairway, lifts and landings. Stairways and lilts 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 lit'ts 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; 62 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 suNtems a. to c. this Section are met ..... ~ .........in addition to the requirements of Minnesota Regulations, Chapter !3q0 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 fi'om 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 fi'om the surface of public waters, assuming summer, leaf-on vegetation. (f) Height q/'xtructures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed thirty-five (35) feet in height. *Revision notes ask if ordinary, hi,gh water level ix practical in dixcernin,g setbacks {}'om streams. Other revisions make minor clarificationx. 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. 63 (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 fi'om 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 as a conditiona! use 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 pertnits, not jliXt conditional use permits. All these would address potential ~rading a~td 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 at 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 fi'om 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 it 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 clarify vegetation, clarifies .Ss'20-482(b )( 2 )b.2. to inch~de streams, and adds .~20-482(b)(2)c to prohibit clear cutting. 64 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 secti,on Chapter 7, article 1II. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. *MCC a~d city attor~ev recomme~datirm. 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 20-481 (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 thc 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 '"[';ch,,,,. ,, will not exceed *~,,~ .... ~r°~ three (3) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.221 in effect at the time of installation may bc 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 thc Minnesota Pollution Control Agency's Chapter 7080 for design of onsite sewage treatment systems, shall be considered nonconforming. *Revixio~x ask i[o peni~g se~le~ce Alxo, revixio~zx correct ,~20-486(3) by citi~g the correct Chapter o{'the Mi~z~e,s'ota Statutex. The three year rcplaceme~zt reql~ire~te~t ix e,Vtclblixhed i~ Chapter 19. Article VIII. Planned Unit Development District Sec. 20-501 (9) 65 (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. *Staff ix recomntendit~,g this chan,ge to penuit the city to require tlte ztse of transportation demand ntanagement strate,~ies such as ties time, preferential parkinj~ for car poolDu4, etc., as part o/'a developme~zt, if, based o~z the ltSe, the llSe could accon~nodate I]1¢$e stratej,,ies to ntiti,~ate traf~i'c impact,¥. Sec. 20-502. Allowed Uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for thc use or uses for which the site is designated in the comprehensive plan, exce?t '~'~ ~'~ --;' ........... ;' "~ ~ ' ..... '" ~';"e ~) ....... , ~,',~. ...... ~', ........... *' "~ buildings in" PU~ *~ k ..... ~ ~.-~ .... ~ ...... .~q ............................ ecific uses and performance standards for each PUD shall be delineated in a PUD development plan. *The city attom~ev has advised us t/tat lttix sectio~t Of tile code ntav be in uiolalion ()/'stale law, i.e., ~ottin,g ntust irnplente~tt a~d b(, co~lsisle~tt ~vil]l lhe comprehensive plan. (2) Where the site of a proposed PUD is designated for more than one ( 1 ) land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. *For c'lari/ication purposes. Section 20-503 (a) (3) (3) The property is located in a transitional arca between different land use categories or on a collector, minor ~ or principal arterial as defined in the comprehensive plan. *The city does not dexi,gnate Dttermecliate arterials itt the comprehensive platt. 66 Sec. 20-504. (b) and (c) (b) Site plan review under article II, division 6 of this Code chapter shall be carried out for each non-single family or duplex principal structm'ew that is proposed. * MCC recommendation. (c) PUD plans shall be coordinated with and in compliance with provisions of articles V, ~ood ?a~n 'q .... ~., r~;o~;~, .... *;~ VI, u~,l .... ~ ~,-o,~..~.- and a~%~e VII, Overlay District of this chapter. *MCC recommendation. Section 20-505 (c) (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on =moss net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the pro. jeer area and owned by the proponent. (3) Density transfer in single-family detached area will be ewfluated using the items listed in section 20-506 or 20-508. Density transfer eligible for multiple-family areas arc not permitted to be applied to single-family areas. (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. *The city does not calculate density based on gross acreage. There has been a conflict betwee~t the PUD ordinance aud lite Bluff Creek Overlay district. 77tis and cha~,gex to section 20-508 should overcome tttoxe con/l/cts. The comprehensive plan per, tits de~sitv bonuses [br the provision of affordable/lousing. Section 20-505 (d) of the Chanhassen City Code is amended to read: (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city,,,~,:~'~ .... ,,~,~,r"~" contingent upon the developer and the 67 city have entered into entering into an agreement to ensure ensuring that the !ow and moderate income the housing will be available to Iow and moderate income persons for a specific period of time. *Revisions proposed to clarify the intent o[ thix requirement. Until the prelect is approved, the incentives can not be realized. Section 20-505 (i) (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD Development Contract. *Language added {bt clarification purpos'es. Covenantx are private a,~ree,tents~ which are not en{'orced by the city. Design standardx are approved by the c'itv and used compliance review. Sec. 20-505 The requirements contained in articles XXIII, Genera! c .... ~'m,t~ ............ Regulations, ., ..~,.~'--':~"~ XXIV, ~cr~,, o~,~°*~' .~"'"'~n g.,,., ,s. -,,~' Loading and mxic!e XXV, ' T:'ee Removal, of this Chapter may be applied by the city as it deems appropriate. * MCC recommendation. Section 20-506 (b) (b) Minimum lot size. The standard single-family residential PUD allows lot sizes down to a minimum of eleven thousand (11,000) square feet (excluding identified wetland areas from lot calculations). Average lot sizes for the entire PUD shall maintain a minimum area of fifteen thousand square feet. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concun'ently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a ..... : .... ......... n ..... ~ '~ *h~ °UD 3,000 square foot building envelope without intruding into any required setback area or protective casement. Each home must also have a minimum rear yard thirty (30) feet deep. ~:~, ,,,~ area ,ma} .... ,,~,* '~ ........ ~,,~,,,~,~,~' ...... ' ~"~ the 0'~- te~ain ~- tree .... ~ ~, cover. 68 *The comprehensive plan encourages density at the upper end of the permitted density ranges. There has been extensive discussiou regarding the use ora 60'x 60' building pad. This [anguaRe is added here to be cousistent with the dra[t subdivision ordinance. Staff is recornmendin?, that we include a minimum buildable area. Staff has pulled sample sun,eys ?om the building department to determine if there is an average buildinR envelope that should be used to determine adequate buildin,~ area. The average buihtin,~ envelope is 2,226 square ~et with a range of 1,833 square [~'et to 2,971 square_/~et. These building envelopes range in length ~kom 56 to 80 ~,et with a depth {h)m 31 to fi5 {Fet with an averaxe dimension of 68 {bet by 47 feet. Rear yard setbacks accommodate this open space. The city does not measure setbacks/kOhl lite easement line, but rather ~bom the property line or wetland bu~,r er~e. Wetland setbacks are larch, er than 30 therefore, this lan,~ua,~e is unnecessary. Section 20-506 (g) (1) (1) Boulevard plantings. Located in front yard areas shall require a mix of over-story trees and other plantings consistent with the site. A minimum of one over-story trees must be provided in each front yard. We!! c!esignec! entrance menument is require& In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and thc site's natural topography. *No quantity of overslorv trees was ,V~eci{i'ed. This hm,~ua,~e ix c'onsislent with tlte subdivision ordinance. Whether or not a development has all entrauce monument should be left up to the project. Also, "well desiRned" is va,~ue. Section 20-508 (a) (a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling types shall..,.,~" may. be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. *The use of the PUD for these types of developments are at lite discretion of the city, not mandatory. The lanRuage chanRe resolves some of the conflicl between the PUD ordinance and the Bluff'Creek Overlay district. While members of the Planning Comndssion felt that this provision should be contemplated only for residential low density property within the Bluff' Creek Overlay district, city council directed that it be a potential zonin,~ option citvwide In any case, the limitin~ faclor in the number of dwelling units is the net density. Section 20-508 (e) (1) 69 (1) Boulewtrdplantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, raih-oads and more intensive land uses. We!! ~O'~ll~~Oi~"~ ~ll{' ~,l~~"} ............. l'l~ll~l'll~'l{* is required. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. *Whether or not a development has an entrance tnontt,tent should be lei9 up to the project. "Well desigt~ed" is vague. Section 20-517 (a) entire development without incu:wing substantial cost. The plan shall include the a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial, or residential: 1) approximate building areas, pedestrian ways and road locations; 2) height, bulk and square footage of buildings; 3) type, number or square footage or intensities of specific land uses; 4) number of dwelling units; 5) generalized development plan showing areas to be developed or preserved; and 70 6) staging and timing of the development. *These standards incorporate the concepts contained in the Minnetonka standards. Our intend at this stage of the development review is to understand the concept of the overall development, rather than the detailed intbrmation that will be worked otlt at the development stage, i.e., prelimina~ plat, and final stage, i.e., {h~al plat approvals. Article IX. A-I Agricultural Preservation District. Delete sections 20-551 through 20-557. '77~e city does uot have any A-1 land, nor is there an inten[ to presera~e a,gricultttre in the community in the lonk, term. Article X. A-2 Agricultural Estate District Sec. 20-572. Permitted Uses. The following are permitted uses in an "A-2" District: (1) Agriculture. (2) Public and private parks and open space. (3) Single-family dwellings. (4) State-licensed day care center for twelve (12) or fewer children. (5) Utility Services. (6) State !i',:en'3ec! group home for six (6) or fewer persons. (7) Temporary real estate office or model home. (8) Arboretums. (9) Antennas tis regulated by Article XXX of this chapter. *MCC recommendation. Group homes, by definition, must be slate licensed. Note: We will alphabetizethe list when we redo the ordinance. Sec. 20-575. Lot requirements and setbacks. The following minimum requirements shall be observed in an "A-2" District sub~jecl to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one-half (2 1/2) acres, subject to section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if' they were su[~iect to a pending subdivision 71 application on that date and the lots were created as a result of that application. The one- unit per ten-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. 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. (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/fortytzm~,;; thirty five (35) feet. b. For accessory structures, three (3) stories/~,~ty-¢~ thirty five (35) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. *Sta.~.'{'is proposing that we incorporate the 35.1bet height limitation citvwide. Cttrre~ztly, the shoreland protection ordincl~Ce, which i, tpacts properties withi~z 1,O00.~ket q[ lakes or 300.~et e[streams, requires a n~aximttm bttildbL~, height qf 35 fi, et. This cha~t,~e would make height restrictions consiste~t. Sec. 20-576. Interim uses. 72 The following are interim uses in the "A-2" District: (1) Bed and breakfast establishments. (2) Commercial kennels, stables and riding academies. (3) Golf driving ranges with or without miniature golf courses. (4) Mobile Manufactured homes (compliance with section 20-905 is not required). Mineral extraction Petting farms. Reserved. Wholesale nurseries. The correct ter, tinology is manl(factttred home. (5) (6) (7) (8) * MCC recommendation. Article XI. RR Rural Residential District Sec. 20-592. Permitted uses. The following uses are permitted in an "RR" District: (1) Single-family dwellings. (2) Public and private parks and open space. (3) State-licensed day care center for twelve 12) or fewer children. (4) State licensed Group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (7) Agriculture. (8) Antennas as regulated by article XXX of this chapter. *MCC recommendation. "State-lice~lsed" is par! o/'the defiMtion o[a gro,p home. 73 Sec. 20-594. Conditional uses. The following are conditional uses in an "RR" District: (1) Churches. (2) Private stables. (4) Recreational beach lots. (5) Towers as regulated by article XXX of this chapter. *Staff is recommending that we look rtl the type el'use, e.g., uliliU, parks.facilities, etc'., rather than a blanket public building, in determi~iug use. This language would potentially permit an qff}'ce building in a resideutial district, provided it was a "public buildi~g ". Sec. 20-595. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RR" District subject to additional requirements set forth in this chapter: (1) The minimum lot area is two and one-half (2 1/2) acres, subject to section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one- unit per ten-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. 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. (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. 74 feet. feet. (7) fifty (1,250) feet. (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 z4mt ,v2 thirty five (35) b. For accessory structures, three (3) stories/f-ovr--5~4~ thirty five (35) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. If the driveway is on an arterial street, one thousand two hundred *Staff'is proposing that we incorporate the 35foot height limitatio~ citvwide. Currently, the shoreland protection ordinance, which impacts properties within 1,O00 fi~et ql'lakes or 300feet of streams, requires ct maxi, u,u bzdldi~g height qf 35 feet. This change would make height restrictions c'onsiste~t. Article XII. RSF Single Family Residential District Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private parks/open space. (3) State-licensed day care center for twelve (12) or fewer children. (4) gba4~ Group home serving six (6) or fewer persons. 75 (5) Utility services. (6) Temporary real estate office and model home. (7) Antennas as regulated by article XXX of this chapter. *MCC recommemlation. Sec. 20-615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District su[}iect to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fl'onting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. GRAPHIC LINK: Lots Where Frontage Is Measured at Setback Line (3) The minimum lot depth is one hundred twenty-five (125) feet. TF, e (4) Lot width on neck or flag lots and lots accessed by private streets shall be one hundred (100) feet as measured at the front building setback line. The location of these lots is conceptually illustrated below. GRAPHIC LINK: Neck/Flag Lots (5 4) The maximum lot coverage for all structures and paved surfaces is twenty- five (25) percent. (6 ~) The setbacks are as follows: a. For front yards, thirty (30) feet. 76 b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (7) follows: The setbacks for lots served by private streets and/or neck lots are as a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one-hundred-foot minimum width. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) Feet. (8) The maximum height is as follows: feet. a. For the principal structure, three (3) stories/forty (40) thirty five (35) b. For accessory structures, twenty (20) Feet. *Lot dept and width requirements are generally in sel¢ar(lte sections. Stqff'ix proposing that we incorporate the 35./bet/wight limitatio~ citvwide. Cl[rl'~qll[)', the shorehmd protection ordinance, which impact,v propertiex wit/tin ],O00./k'et el'lakes or 300./~)et q/' stream,v, reqtdr('s a maximum building height q['35,/~'et. 77ti,¥ change would make hei,gh[ restrictions con,vixteut. ARTICLE XIII. 'R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family detached and attached residential development at a maximum net density of fotlr (4) dwelling units per acre. Sec. 20-635. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-4" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: 77 a. For a detached single-family dwelling unit, fifteen thousand (15,000) square feet per unit. b. For a two-family dwelling, ten thousand (10,000) square feet per dwelling unit. (2) The minimum lot frontage is as follows: a. Fol' a single-family dwelling, eighty (80) feet. b. For a two-family dwelling, fifty (50) feet per dwelling unit. c. If the lot fronts on a cul-de-sac the width of the lot at the building setback lines shall be: 1. In the case of a single-family dwelling, eighty (80) feet. (3) (4) (30) percent. (5) (6) 2. In the case of a two-family dwelling, fifty (50) feet. The minimum lot depth is one hundred twenty-five (125) feet. The maximum lot coverage roi' all structures and paved surfaces is thirty Thc setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. The maximum height is as follows: a. For the principal structure, three (3) stories/fortytr4m,~: thirty five (35) feet. b. Fol- accessory structures, one (l) story/fifteen (15) feet. * Stqf~'is proposing that we incorporate lite 35J~o1/wight limitation citvwide. Currently, the shoreland protection ordinance, which i, tpacts properties within ],O00,/~,et q/'lakes or 300,~el ~'xtreantx, reqltires a ~naxinntm bttildin~ height q~'35,[~,el. This change wotdd make height restriclionx conxixtent. Sec. 20-637. Interim uses. 78 The following are interim uses in the "R-4" District: (1) Boarding houses. (2) Private kennels. *Boarding houses are being eliminated a,¥ a separate use. Either it is a single-family home or it is a multiple fimtily building. Our rental licensing provisions apply (~'unit rentals take place. Article XIV. Medium Density Residential District Division 1. "RLM" RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT Sec. 20-640 "RLM" LOW MEDIUM RESll)ENTIAL DISTRICT Sec. 20-641. Intent. The intent of the "RLM" District is to provide for single-family attached or detached residential development on land guided Residential - Low or Medium Density in the City's Comprehensive Plan with a maximum net density of eight (8) units per acre. Sec. 20-642. Permitted uses. The following uses are permitted in an "RLM" District: (1) Antennas as regulated by article XXX of this chapter. (2) Daycare center 12 or less persons (3) Public and private parks and open spaces. (4) Single-family dwelling (5) Temporary real estate office and model home. (6) Townhouses, two-family and multi-family dwellings. (7) Utility services. Sec. 20-643. Permitted accessory uses. The following are permitted accessory uses in an "RLM" District: 79 (1) Garage. (2) Home occupations. (3) Signs. (4) Storage building. (5) Swimming pool. (6) Tennis court. Sec. 20-644. Conditional uses. The following are conditional uses in an "RLM" District: (1) Churches. (2) Day care center. (3) Group home serving from seven (7) to sixteen (16) persons. (4) Manufactured home. (5) Recreational beach lots. (6) Towers as regulated by article XXX of this chapter. Sec. 20-645. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RLM" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: (a) If a single-family dwelling is located on the lot, nine thousand (9,000) square feet per dwelling unit. (b) If a two-family dwelling is located on the lot, seven thousand two hundred sixty (7,260) square feet per dwelling unit. (c) If a townhouse or multiple-family project is located on the lot, an average of five thousand four hundred forty-five (5,445) square feet per dwelling unit. (2) The minimum lot frontage: 80 ao Single-family and two family dwellings are fifty (50) feet except that in the case of a lot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be fifty (50) feet. Townhouses and multifamily dwellings are thirty (30) feet except that in the case of a lot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be thirty (30) feet. (3) The minimum lot depth a. If a single-family dwelling, the minimum depth is one hundred one hundred ten (110) feet. b. If a two-family dwelling minimum depth is one hundred (100) feet. c. If a townhouse or multiple-family dwelling minimum depth is one hundred fifty (100) feet. (4) The maximum lot coverage is: a. If a single-family dwelling, thirty-five (35) percent. b. If a two-family dwelling, forty (40) percent. c. If a townhouse or multiple-family dwelling fifty (50) percent. (5) The setbacks are as follows: If a single-family dwelling i. For front yards, twenty-five (25) feet. ii. For rear yards, twenty-five (25) feet. iii. For side yards, five (5) feet. If a two-family dwelling i. For front yards, twenty-five (25) feet. ii. For rear yards, thirty (30) feet. iii. For side yards, ten (10) feet where no common wall is located.. If a townhouse or multiple-family dwelling i. For front yards, twenty-five (25) feet. ii. For rear yards, twenty-five (25) feet. iii. For side yards, ten (10) feet where no common wall is located. (6) The maximum height is as follows: For the principal structure, three (3) stories/thirty-five (35) feet. For accessory structures, one (1) story/fifteen (15) feet. 81 ILLUSTRATIONS 1~t .Y "IlOWHOUSING" MULTIFAI'4ILY DWELLING 3t,445 $.F. 5,44;5 $.F, 3,445 S.F. 5,44;5 $.F. ;5~44;5 $,F. 5,44;5 $.F. blULTIFAMILY DWELLING MULTIFAMIL'x' DI'VELLING SD' Division 2. "R-8" Mixed Medium Density Residential District Sec. 20-654. Conditional uses. The following are conditional uses in an "R-8" District: (1 Churches ~.:r~ ........... (2) Day care center Churches. 82 (3) Group home serving from seven ('7) to sixteen (16) persons. (4) Recreational beach lots. (5) Towers as regulated by article XXX of this chapter. (6) *Boarding houses are being eliminated {lSa separate use. Either it is a single-family home or it is a multiple,family building. Our rental licenxing provi,¥ionx apply ~f unit rentals take place. Sec. 20-655. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-8" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. For a two-family dwelling, seven thousand five hundred (7,500) square feet per dwelling unit. b. For a townhouse or multi-family dwelling, five thousand five hundred (5,.500) square feet per dwelling unit. (2) The minimum lot frontage is fifty (50) feet per dwelling unit except that in the case of a lot that fl'onts on a cul-de-sac, the width of the lot at the building setback line shall be as follows: a. If a two-family dwelling is located on the lot, fifty (50) feet per dwelling unit. b. If a townhouse or multiple-family project is located on the lot, one hundred fifty (150) feet. (3) The minimum lot depth is one hundred fifty (150) feet. (4) The maximum lot coverage is thirty-five (35) percent. (5) The setbacks are as follows: a. For front yards, twenty-five (25) feet. b. For rear yards, twenty-five (25) feet. c. For side yards, ten (10) feet. 83 (6) The maximum height is as follows: a. For the principal structure, three (3) stories/~35 feet. b. For accessory structures, one (1) story/fifteen (15) feet. * Staffis proposing that we incorporate the 35foot height limitation ciO'wide. Currently, the shoreland protection ordinance, which impacts properties wit/fin 1,000 feet of lakes or 300~f~et el'streams, requires a maximum building height of 35,/~et. This change would make height restrictions consistent. ARTICLE XV. HIGH DENSITY RESIDENTIAL DISTRICTS DIVISION 1. "R-12" DISTRICT Sec. 20-674. Conditional uses. The following are conditional uses in an "R-12" District: (1) Churches. (2) Day care center. (3) Group home serving from seven (7) to sixteen (16) persons. (4) Health care facilities services. (5) Recreational beach lots. (6) Reserved. (7) Towers as regulated by article XXX of this chapter. Sec. 20-675. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-12" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. For a two-family dwelling, seven thousand five hundred (7,500) square feet per dwelling unit. 84 b. For a townhouse or multi-family dwelling, three thousand six hundred (3,600) square feet per dwelling unit. (2) The minimum lot frontage is as follows: a. If a two-family dwelling is located on the lot, fifty (50) feet per dwelling unit, except that if the lot fronts on a cul-de-sac, the lot shall be fifty (50) feet in width at the building setback line. b. If a townhouse or multiple-family project is located on the lot, one hundred fifty (150) feet. (3) The minimum lot depth is one hundred fifty-five (155) feet. (4) The maximum lot coverage is thirty-five (35) percent. (5) The setbacks are as follows: a. For front yards, twenty-five (25) feet. b. For rear yards, twenty-five (25) 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) thirty-five (35)feet. b. For accessory structures, one (1) story/fifteen (15) feet. (Ord. No. 80, Art. V, § 8(5-8-5), 12-15-86) Sec. 20-676. Interim uses. The following are interim uses in the "R-12" District: (1) Temporary real estate office and model homes. (2) Boarding ~ouses. *Deleting Health Care Facility rind cha~tgi~tg lo ttealth Se~wic'ex; drfi~titirm inc'ludex "facilities". Deleting Boarding ttouse. 85 Sec. 20-683. Conditional uses. The following are conditional uses in an R-16 District: (2) (3) (4) (5) (6) (7) *Deleting Health Crlre Facilitiex changing to Heallh Servicex; "facilities ". Eliminate Commercial tower a,v use cla,s'si/i'cation. Churches. Day care center. Group home serving from seven (7) to sixteen (16) persons. Health care fac/l/t/es services. Recreational beach lots. Temporary real estate office and model home. Comme:'cia! Towers and antennas as regulated by article XXX of this chapter. (ncludex Sec. 20-684. Lot requirements and setbacks. The following minimum requirements shall be observed in an R-16 District sub. jeer to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. Two thousand seven hundred (2,700) square feet per dwelling unit. (2) (3) The maximum lot coverage is fifty (50) percent. The building setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fi fty (50) feet. c. For side yards, fifty (50) feet. 86 (4) Parking setbacks shall be twenty-five (25) feet from all property lines. (5) The maximum height is as follows: feet. a. For the principal structure, three (3) stories/f,o:'ty (40) thirty-five (35) b. For accessory structures, one (1) story/fifteen (15) feet. * Staffis proposing that we incorporate tile 35Jbot height limitation ciO'wide. Currently, the shoreland protection ordinance, which i, tt~ac'ts properties within l,O00 .{~et of lakes or 300feet (~f streams, requirex a ,taxi,ttm~ huilding height q['35,~et. This change would make height rextrictions conxixlent. Article XXIII. General Supplemental Regulations. Sec. 20-904 (a) (3) Accessory Structures (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten (10) feet,q-but] kowever, must comply with applicable ordinary high water mark setbacks. *MCC recommendation. Sec. 20-905 Single - family dwellings All single-family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to thc following standards for living areas: a. If a one-story rambler design, have an area of nine hundred sixty (960) square feet. b. If a split level design, have an area of one thousand fifty (1,050) square feet. c. If a split foyer and two-story design, have an area of six hundred (600) square feet on the first floor. d. A two-car garage must be provided with the single-family structure. 87 (3) Have an earth covered, composition, shingled or tiled roof or other materials approved by the Uniform Minnesota State Building Code as adopted and ~rl~,q 1~,, tK~ /-it,, (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. (5) Meet the requirements of the Unifo:'m Minnesota State Building Code as adopted '~-d ..... .................... : or the applicable manufactured housing Code. *Minnesota State Buildi~Lg Code appliex. The city ,tar ~o! amend the Mim;exota State Building Code. Sec. 20-908. Yard Regulations. The following requirements qualify or supplement district regulations. Yard measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) A yard, court, or other open space of one ( 1 ) building used to comply with the provisions of this chapter shall not again be used as a yard, court, or other open space for another building. (3) Except as provided in the business, industrial, and office districts, the front yard setback requirements shall be observed on each street side of a corner lot; provided, however, that the remaining two (2) yards will meet the side yard setbacks. (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible, structures should face the existing street. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two (2) feet, six (6) inches; fire escapes may project a distance not exceeding four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing 88 shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may proJect a distance not exceeding three (3) feet: unenclosed decks and patios may project a distance not exceeding five (5) feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an interior lot line, subject to the limitations cited above. Porches that encroach into the required fi'ont yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. Subject to the setback requirements in section 20-904, the following are permitted in the rear yard: enclosed or open off-street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and one-story bay windows may project into the rear yard a distance not to exceed five (5) feet. e. Into any required front, rear, or side yard: driveways, sidewalks,o~,,,,.o' .... ~ ':,':,~"-= .... ;""~' ..... ~ fences and retaining walls. The intent of this section is to allow homes built prior to February 19, 1987 to add an open porch as an architectural feature to define the entrance into a residence or update a front elevation. Homes built prior to February 19, 1987 may have open porches and/or balconies that encroach into the required front yard a distance not exceeding ten (10) feet, provided they maintain a minimum f¥ont yard setback of twenty (20) feet. The ten (10) feet shall include thc roof line, support columns, and steps. This area shall not be enclosed nor screened with mesh, glass, or other similar material. Homes that are on the National Register listing or have been considered eligible for listing on the National Register shall be excluded from this ordinance unless approved by the National Historical Registrar's Office. (6) The placement of any structure within easements is prohibited, except for those structures specified herein. Fences, invisible fences and underground irrigation systems may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement. *Currently, sla_~_ 'does not allow the placeme~t el'am, perma~eut xtruc'lures (i.e., de~ retai~in,g walls, sheds, etc.) within eaxemeulx. Fe~c'es wM other itetnx may be allowe~d through the ltxe elan encroach,tent a,~reeme~t. Staid'will review the placeme~t o[each 89 proposed structure and, if they do not alter the intended ltSe of the easentent, will allow the structure with att encroach,tent a,gree,tent. Sec. 20-909. Outdoor storage. As otherwise regulated, all outdoor storage is prohibited except: (1) Clothes line poles and wires. (2) Construction and landscaping material currently being used on the premises. (3) Swings, slides and other play equipment. (4) Outdoor furniture and lawn and garden equipment. (5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows: a. In a neat and secure stack, not exceeding four (4) feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. (6) Continued storage of a property owner's or property lessee's, who resides on the property, boats, albterrain vehicles, 'and snowmobiles and trailers may be stored in the side or rear yard behind the required front setback. (7) Outside storage of tires is prohibited. (8) PODS (personal on demand storage) and roll-off dumpsters may be located a property a minimum of six feet (6') away from the house for fire protection and at least ten feet (10') from any property line. Such containers may be kept on site for a maximum of 30 days per year. An extension of the 30 days may be granted by the city if the container is used in conjunction with a valid and ongoing building permit. *The city has had problems with individuals us'ing there yards for the storage of other peoples property. This can create unsightly conditions. Additionally, this ,lay become a commercial operation which should be located in commercial or industrial districts, rather than in residential nei,ghborhoods. PODS and roll-orris' are not currenth, regulated. Occasionally, they can be a problem for neighbors. 77w city does have a permit process for locatin,g such structures wit~lin tile public ri,ght-of-wav. Sec. 20-913. Lighting. (New subsections (d) and (e)) 9O (a) Glare, whether direct or reflected, as differentiated fi'om general illumination shall not be visible beyond the limits of the site fi'om which it originates. (b) No light which is flashing, revolving or otherwise resembles a traffic-control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic. State law references: Similar provisions, M.S. § 169.0'73. (c) Lighting fixtures on poles shall comply with the following: (1) All fixtures must be shielded, high pressure sodium with a total cutoff angle equal to or less than ninety (90) degrees. (2) Fixture height shall not exceed thirty (30) feet. Recreational facility fixtures shall not exceed sixty-five (65) feet in height. (3) Photometrics shall incorporate existing light fixtures, public or private, that may impact the site. (4) All outdoor light fixtures existing and legally installed prior to February 22, 1999, are exempt fi'om the requirements of this article, unless work is proposed in any one (1) year period so as to replace fifty (50) percent or more of the existing outdoor light fixtures, or to increase to thc extent of fifty (50) percent or more the number of outdoor light fixtures on the premises. (d)Wali mounted lighting in commercial, industrial, and institutional districts shall comply with the following: (1) All wall mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. (e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America Flag. *It was lite intent of the lifdttin,~ ordinance lo reduce or eliminate ~eneral li,~ttlin,~ of the nijfht sky. However, as written, the ordinance would pennit wall mOlmted li,q, htin~ to be directed skyward or spotlights located on lite ,~roltnd lo shine skwvard. W/tile section (a) implies this prohibition, sta~'recommends that we c'laril9 the issue. Section 13-2 (b) (24) addresses nuisance light on residential properties. Sec. 20-919. Telephone equipment buildings. Telephone equipment buildings are allowed in all zoning districts as an conditional ancillary use subject to the following standards: 91 (1) The site must provide landscaping as required in article XXV. (2) The driveway surface shall be surl'aced with a hard, all-weather, dust free and durable surfacing material. (3) The applicant shall receive an access permit fi'om the regulating agency. (4) The building shall meet the required setbacks of the district in which it is located. (5) The equipment building shall be architecturally consistent with sun'ounding structures. (Ord. No. 80, Art. VI, § 26, 12-15-86; Ord. No. 80-B, § 1,6-15-87) *Utility sera, ices are a pen~titted use i~i all districts, fi'the city has these sta~idards that must be,fbllowe& it does ~ot make se~se to say that they IllltS[ also go through a conditional use permit process. The city regulates commtmicatio~ lowers as a conditional rise; the equipnte~it buildi~gs are ltSttallv rt~icillarv to those. !/'it is trttly.{~'lt that these struct~res reqldre a comlitio~tal il,tO petwtit, we should revise the district regulatio~s to state as st~ch a~d add these criteria to Chapter 20, Article 1V, Uses, rather lha~ leavi~tg it i~ the suppleme~ttal r~,gltlatio~s.. Sec. 20-920. Privately Owned Underground Amenities Privately owned underground amenities such as but not limited to irrigation systems and invisible dog fences shall not be allowed in the public right-of-way. Neither shall these items be allowed in any City easement without an encroachment agreement. The City shall not be responsible for the repair or replacement of any such amenity unless such responsibility is agreed to by the City. *The city currently does ~ot regulate the i~stallatio~l o{'these ame~ities. As these items have become more commo~, the city is rlt~i~g ilm~ more a~ld more issltes with them as part of the ci(¥ 's operation,s. Section 20-962 to read as follows: (a) Camping, occupying camp facilities, or using camp paraphernalia in the following areas is prohibited unless in a city approved campground or with prior city authorization: (1) any park; (2) any street; 92 (3) any publicly owned parking lot or publicly owned area, improved or unimproved. (b) Camping, occupying camp facilities, or using camp paraphernalia on a lot or parcel for more than seven (7) consecutive days or more than twenty-one (21) days in a 365 day period is probibited. *The city curre~tly does ~tot have la~tgttage regldati~g campi~zg. While the ciU does ~ot i~tent to prohibit people J~'om havitlg their childre~, put a te~t ~p i~ the back yard, we have had problems with i~dividuals puttb~g t~p te~ts a~d livi~g i~ them Jbr a~ extended period et' time. Additio~mlly, we wo~dd add the jbllowi~g dq{~)dtio~x to chapter 1: Camp means to pitch or occupy camp facilities: to use camp paraphernalia Campfizcilities include, but are not limited to, tents, huts, or temporary shelters. Camp paraphenmlia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, and similar equipment. Sec. 20-978. Occupations prohibited. (-t-) Contractors' yards/landscaping businesses are prohibited. *MCC recomme~datio~L Ir'we develop a list, ttte~ we will mtmber them. Fences Sec. 20-1017. Permit. A ~,,.;~;4;~,~,,,,~,,,s permit shall be obtained for any permanent fence installed for any purpose, including underground (invisible) fencing, other than an agricultural purpose prior to installation of same. The installation of temporary or seasonal fencing, e. g., snow fencing, garden fencing, etc., without permanent posts is exempt from this requirement. A site plan showing the location of the fence shall be submitted with the permit application. The [.,.;,A;.~,,.....~ ~,.,~....~'cc;";"~ city may require a .~...~.~r~ ..... permit applical4ont to provide a registered land survey establishing property lines. A building permit, in lieu of a zoning compliance review permit, shall be required for fences in excess of six (6) feet in height and retaining wails in excess of four (4) feet in height. *To clari[9 that temporary {'e~ci~L~ does ~ot require a permit. Buildi~L~ pen~dts are required {bt {'ences less tha~ 6 {bet tall by the stale btdldi~Lq code. Sec. 20-1019. Location. 93 (a) Generally. All fences and retaining walls shall be located entirely upon the property of the fence or retaining wall owner unless the owner of the adjoining property agrees, in writing, that said fence or retaining wall may be erected on the property line of the respective properties. Such agreement shall be submitted at the time of building permit application. Encroachment into a City easement shall require an encroachment agreement between the property owner and the city. Fences shall not be placed within the public right-of-way. (b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland or within the required wetland buffer area. (c) [Buffers.~- No fences shall be permitted between a required landscape buffer and a collector or arterial street. (d) Temporary fences. Temporary fencing, such as fencing installed to enclose a seasonal garden or snow fencing in winter, may not be located within the front yard setback. Snow fencing shall not be located within any drainage or utility easement. *The city has treated retainin.~ walls ax a t~7¢e o['['ence. 77ti,v amendment clari/iex that policy,. The city does not currently ix,vtte bltildin,~ permit,v {hr temporary {~,ncin,~. It is {~,~ that providing location standards will addresx concerns that people have. Sec. 20-1025. Retaining Walls Retaining walls exceeding four (4) feet in height, including stage walls which cumulatively exceed four (4) feet in height where each wall is not separated by at least the height of the wall, must be constructed in accordance with plans prepared by a registered engineer or landscape architect and shall be constructed of brick, concrete or natural stone. Artificial material may be approved if appropriate. A permit is required for the construction of such retaining walls. *Retaining walls are mentioned in sections 20-118, site phuts, and 20-1183, landscapin,~. They xhould be located in tlte ~nce,v and wallx xec'lion o['the Xltpplentenlal rexulationx. Sta~'ix recommending that thoxe xectionx be deleted. Sec. 20-1048. Compliance with technical code. (a) Standard drawings ol' the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the Unif',3'rm Minnesota State Building Code as adoptedMAIM] ,,,,,,,~,~,,~'~'~ ~-"~j '~-~,,~ ~,~j.~';"' Drawings and engineering calculations shall be certified by a registered engineer. *State Building code prevails. The city may not amend the Minnesota Slate Building Code. 94 Sec. 20-1055 WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA Regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory Circular :¢0/-7460-~ 70/7460-1K CHGI April 15, 2000, c,~..,~.~.~.~ ~o*Te ,,cmo, .... ,:~, ~/~,,~17: ..... d Lighting". *MCC and city attorney recommendation. Sec. 20-1065. Material and detail. All manmade architectural, landscape, and paving materials shall reflect the highest quality possible and should be used in a manner suitable to the nature of the material, its role in the design, general durability, expected level of use o1' abuse, weathering characteristics, and ease and frequency of maintenance. The following materials or equivalent materials are acceptable: * Brick * Stone * Glass * Textured masonry units * Wood, consisting of lap siding with an exposure no greater than seven (7) inches or wood shakes; surfaces must be painted; * Stucco * Tilt up concrete panels that are grid o1' brick like in appearance Accent material may occupy up to fifteen (15) percent of the building's facade. These may include metal, glass block, spandrel glass or similar materials approved by the city. GRAPHIC LINK: Material and Detail The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view or accent areas: * Plain/painted poured concrete panels "cast in place" * Painted brick * Painted concrete panels * Painted rock faced block *Unadorned plain o1' painted concrete block * Tilt-up concrete panel that are ribbed o1' corduroy in appearance * Prefabricated steel or sheet metal panels * Reflective glass * Aluminum, vinyl, fiberglass, asphalt or fiberboard siding 95 * EIF]}S (exterior insulations and finish system) may be used as an accent but not a primary material * There ~lave been a series of variances regarding the limitation of EIFS. Variances have been approved for the use of more than 15 percent EIFS on lhe Chanhassen Comnutnitv Bank Building and the Northcott Inn & Sll[tes, 16 and 26 percent, respectively. Additionally, we have other buildings in the communilv that exceed these percentages, e.g., Bokoo Bikes (56 percent), Bell Mortgage building (33 percent), Perkins, and Americana Bank to name a few. From an aesthetic standpoint, EIFS is no different than stucco, which is permitted. So the question becomes ia' it ct maintenance i,vxue, e.,g., poor drainage or easily da,la,ged, or is there another issue that needs to be addre,vsed? Baxed on the article in "Hot Spot" from fall~winter 2003, EIFS works; aud it is therefbre a policy decision whether to limit the use of EIFS. Sec. 20-1068. Facade transparency. Fifty (50) percent of the first floor elevation fngade that is viewed by the public shall be designed to include transparent windows and/or doors to minimize expanses of blank walls. (Reflective glass is not permitted). If the building is a one-story design and the first floor elevation exceeds 12 feet, then only the first 12 feet in building height shall be included in calculating the fngade area. The remaining fifty (50) percent of thc first floor elevation fagade that is viewed by the public, shall be designed to include any or all of the following: * Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.) * Architectural detailing and articulation that provides texture on the facade and/or parking structure openings. *Fagade is defined as tile area of'the building wall from grade to tile top of the pantpet or eves and lite entire width of the building elevation. Thi,v should clari~'v that wiudows and doorx should represent 30 percenl of the wall area fbr tile fir.vt floor. Additionalh,, we want to limit the height of the buildin,~ ttsed to calculate the faf adc area for buildin,~ which may be one-story, bill have a height of 20 - 24 feet or more, e.,~., Tires Plux or most industrial o_i~ce buildin,~s which need the higher building hei,~ht to accommodate warehouxe spaces. New Article XXIII, Division 8 Sexually Oriented Business Division 8. Sexually Oriented Businesses Sec. 20-1180. Location of business. 96 (a) In addition to the licensing requirements of Chapter 10 of the Chanhassen City Code, sexually oriented businesses shall not be located within five hundred (500) feet of: (1) A public or private elementary or secondary school; (2) A licensed day care center; (3) A residential district; (4) A multifamily residential building. (5) A public park adjacent to a residential district; (6) A church; (7) City Hall; or (8) Public libraries. (9) Another sexually oriented business. (b) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or licensed day care center, or to the nearest boundary of an affected public park, residential district, or residential lot, or the nearest portion of a building or structure used for multifamily residential which is not located within a residential district. (c) For purposes of subsection (b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (d) Any sexually oriented business lawfully operating on the effective date of this article, that is in violation of subsections (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred (500) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. 97 (e) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use or residential district listed in subsection (a) of this section within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. *The ciU attonzey has advised tts that the setback require,teuts for sexually oriented businesses are really a fimclion q[the zoniug ordinance. 77re above language was taken .{?om Chapter lO, section lO-172. We have added language.{~r mult(¢~unily buildings which may be included in planned unit ~&veh;pmenls that are not zoned resideutial. Sexually oriented businesses would be located where the underlying use is penn#ted, e.g., an adult book store where ri book store would be pennilted. The J~)llowing map illustrates whal the 500.{Dot setback reqttirentent does iu constrainin,~, sexually oriented businesses. The ciU attoniey has advised stq[]'lhat (['I]le onlinance is overly restrictive, then it is like not having an ordinauce in place, since the courts will t]lrow OUl the requirements. As previously slated, we are taken this laHguage.{kom exislin~ langtta,~e in Chapter lO. Sexually oriented business woul be limited to north q{'Highway.five, south qf West 7flt~' Street bem'een Powers Boulevard aud Great Plaiux Boulevard. Article XXIV. Off-street Parking and Loading Sec. 20-1101 (2) Driveway ... 98 (2) Minimum driveway distances from street intersections shall ~- ....... ;.; .... ;., ..... 4 .......a~. ,~.~ o~,..4...~o ~;~,~4 ;.. ply ith th i i di p id d ......................................... corn w emnmum stances rov e in the most recent issue of the Institute of Transponation Engineers publications available at the time of installation (dated..~.,~°~<~ s%l~,. ,, be. "~cd~. as ." ~;,,,,,,,.,,~,. ...... ~ ...... a. *MCC recommendation and city attorney. Sec. 20-1118. (a) Design of parking stalls and drive aisles. (a) Parking spaces shall be designed in conformance with the following: parking stalls shall have a minimum paved dimension of eight and one half nine feet by eighteen (18) feet. Stall and aisle dimensions shall be as noted below for the given angle: Angle Curb Length Stall length Aisle 45 degree 12.0' 18.0' 13.5' 15' 60 degree 10.0' 18.0' 18.5' * 90 degree 8.5 9' 18.0' 26' Parallel 20.0' 8.0' 22' *One-way aisles only. *** Dead end aisles must be provided with a twenty-six (26) feet by ten (10) feet unencumbered area at the end to facilitate vehicle turning movement. *This requirement applies to all dead-end aisles and therefore should not be a note (***) With the ever increasing size of today's vehicles, stq~]~thol~gttt it would be ,good to take a look at the si~e of required parking stalls in the CiU. Stqff meaxured the size of an extended cab pick-up truck, one qf the top selling vehicles in the cotmtO,, and laid out the pick-up's dimensions (7'x 18') on the three angled parking configl~rations in the above table. The only parking coqfiguration where there were problems was with the 45° angle parking. There doesn't appear to be sq[Jicient room.Iht a truck to drive down a 13.5rfloot wide parking aisle with two other trucks parked on each side q/'the aisle. Also, the industsv start&ltd width qf parking stalls Jbr 90° angled parking has moved to a wider stall, Jbont 8.5' to 9'. This wider stall width can be seen in recently approved site plans, such as Holiday bm Express and Veng~xt Desixn. Sec. 20-1122 (a) Access and driveways 99 For the first 20 feet from the front property line, driveways shall have a minimum of 10 foot setback from the side property line. Beginning at 20 feet from the front property line, driveways may have a minimum 5 foot side yard setback unless an encroachment agreement is received from the city in which case the side yard setback may be reduced. *The language is confitsing. Can you be lip to tile property line from the {'rrmt o{'the lot to 20 feet back and then must mail~tain a 5 foot side setback, unless you Set an encroachment agreement. Staff has drafted a revisions, which we believe, more clearly defines the intent o{'this criteria ? Sec. 20-1124 (2) f. Required number of on-site parking spaces. f. Dwelling: 1. Single-family--Two (2) parking spaces, both of which must be completely enclosed. No garage shall be converted into living space unless other acceptable on- site parking space is provided. (a t ...... , ,, ~, .............. ~ efficiency units and one-bedroom units .. ¢2-) One and one-half (1 ~/2) stalls, one (1) of which must be completely enclosed in a garage. (b)t*,,n" ~,, 4,~ R, ~, ~ ,, ~ ,, ~ ~,o~,,~o~~;~'~;~"~] ~,,~"~ two-bedroom and larger units~Two (2) stalls, one and one-half must be completely enclosed in a garage. (c) ~" '~ ~ ~ ~4~";~' ....... ; ...... ' ......... ~"'~ ....... (ii0One-quarter visitor stall per dwelling. (d) Senior Housing. Housing designed and limited to senior citizens, age restricted to those 55 years of age and older, shall provide one parking stall per dwelling unit, which must be enclosed in a garage. Assisted living facilities shall provide 1/3~a parking stall per dwelling unit. All required parking for assisted living dwelling units must be enclosed in a garage. Garage stalls for multifamily buildings containing more than twenty (20) dwellings must be placed underground or attached to the primary structure. The city may allow freestanding garage stalls only when the applicant demonstrates that the architectural design of the building results in an inability to accommodate all the stalls under the building and when the majority of this requirement is met with underground parking. 100 In multifamily rental buildings, the use of at least one (1) enclosed stall shall be included in the lease or rental rate of each apartment. In multifamily owner-occupied buildings at least one (l) enclosed stall shall be included in the sales price of each home. One (1) visitor parking stall shall be provided for each four (4) dwellings. *Parking standards xholtld be baxed on the number of'bedroom& not tile zonin,~ dixtrict. Additionally, parkin,~ demand and trip ,generation ratex are dif['erent {bt senior housin,k, proiects. Sec. 20-1124 (2) n. Office buildings (administrative, business or professional)--Buildings under forty-nine thousand nine hundred ninety-nine (49,999) square feet, five (5) !:our and .6 one ~a!f ~ stalls per one thousand (1,000) square feet gross floor area; buildings from fifty thousand (50,000) to ninety-nine thousand nine hundred ninety-nine (99,999) square feet, four (4) stalls per one thousand (1,000) square feet gross floor area; and buildings over one hundred thousand (100,000) square feet, three 'an~ one half (3¢) stalls per one thousand (1,000) square feet gross floor area. Building area square footages shall exclude common areas such as reception areas, cafeterias, hallways, etc. in calculating the parking requirements for an office building. *Staff ix investigating this change to more adequately addrex,s' the parking.{br o.[~ic'es. Where rlClltrll ()~.~'l'Ce space i,s' provided, more imlividual,v can be located, however, tllllch 0,/' the common xpac'e leads to over-parking o,['sitex. Article XXV. Landscaping and Tree Remowd Sec. 20-1176 (f) (2) (b) Landscaping (b) Determine the buffer yard required on each boundary, or segment thereof, of the property by referring to the following table of buffer yard requirements and illustrations {-set at the end of subsection (2) J-,which specify the buffer yard required between adjacent uses and streets. *MCC recommendation. Sec. 20-1181 (b). Vehicular areas. 101 (b) Interior landscaping for vehicular use arcas: Any open vehicular use areas containing more than six thousand (6,000) square feet of area, or twenty (20) or more vehicular parking spaces, shall provide interior landscaping in accordance with this division in addition to "perimeter" landscaping. Interior landscaping may be peninsular or island types. Landscaped area shall include all parking lot and drive islands and perimeter green spaces. Required setback areas shall be excluded. (2) For each one hundred (100) square feet, or fraction thereof, of vehicular use area, eight (8) square feet of landscaped area shall be provided. (3) The minimum landscape area permitted shall be two hundred (200) square feet, with a six-foot minimum dimension to all trees/Yom edge of pavement where vehicles overhang and a four-foot minimum dimension to all trees where vehicles do not overhang. (4) In order to encourage the required landscape area to be properly dispersed, a minimum of one (l) peninsular, island, or boulevard type landscaped area shall be located within each six thousand (6,000) square feet of vehicular use area. (5) A minimum of one (1) tree shall be required for each two hundred fifty (250) square feet or fraction thereof, of required landscape area. Trees shall have a clear trunk of at least five (5) feet above the ground, and the remaining area shall be landscaped with shrubs, or ground cover (not to include rocks or gravel except its a mulch around shrubs and ground cover), not to exceed two (2) feet in height. (6) Reserved. The inside width, behind the curb in landscape islands or peninsulas, shall be a minimum of 10 feet. (7) All landscaped areas shall be protected by concrete curbing. (8) All landscaping area shall have the proper soil preparation to ensure the viability of the vegetation to survive. The landscaping plan shall provide specifications for proper soil preparation. *Staff has been requiring aeration tubing for island,v lesx thall lO fi'et in width. However, trees have a better chance at Slt~:iva[ and ~grow hl~er i/'a larger areal is provided. Lan&cape islands' and pellinslt[as /ess l/lall ]0 fi'et in width do not provide su{{icient sur~lce area to accommodate tree growth. Criteria 6 will implement criteria 3. Sec. 20-1183. (a) (3) Landscaping Materials 102 (3) Plants. All plant materials shall be living plants; artificial plants are prohibited. Plant materials shall meet the following requirements: Deciduous trees. Shall be species having an average crown spread of greater than fifteen (15) feet and having trunk(s) which can be maintained with over five (5) feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where an eight-loot clear wood requirement will control. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping of the same so as to create the equivalent of a fifteen-foot crown spread. A minimum of ten (10) feet overall height or minimum caliper (trunk diameter, measured six (6) inches above ground for trees up to four (4) inches caliper) of at least two and one-half (2 1/2) inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be placed closer than fifteen (15) feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep and for which the construction requirements shall be four (4) inches thick, reinforced concrete. Trees s5a!! be .... ~ ..... ~,, ...... t~V, .... ,,~ ,,o~ ...... ~ ........ .~. 0 . ,~,,~ ..... ~ ~,,,., , S 0~,,, Evergreen trees. Evergreen trees shall be a minimum of six (6) feet high with a minimum caliper of one and one-half (1 1/2) inches when planted when counted as an understory tree. Overstory evergreens shall be a minimum of eight (8) feet high. Shrubs and hedges. Deciduous shrubs shall be at least two (2) feet in average height when planted, and shall conform to the opacity and other requirements within four (4) years after planting. Evergreen shrubs shall be at least two (2) feet in average height and two (2) feet in diameter. Materials to be selected from Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used in conjunction with walls or fences. Grass or ground cover. Grass shall be planted in species normally grown as permanent lawns, and may be sodded, plugged, sprigged, or seeded; except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and tree of weeds and noxious pests or diseases. Ground cover such as organic material shall be planted in such a manner as to present a finished appearance and seventy-five (75) percent of complete coverage after two (2) complete growing seasons, with a maximum of fifteen (15) inches on center. In certain cases, ground cover also may consist of rocks, pebbles, sand and similar 103 materials if approved by the city ~/~.,m..;,,~,, m ~. ....~..m`4 from ............. ,4 b5 ,.; ,, ~;taff. *If everx, reens are to be counted as overslorv trees, t/wv should be larger to be,~in with. Staff'is consolidating retaini.g walLv in section 20-1025 under fences and walls. TABLE I EROADLEAF Ash, Green Fraxinus pennsy!vanica M Pkg Protect fr'om sum;cald Betu!an;~ra,s ~a o~,,,;,,¢~,,,~,~ ......,~r .... , Corktree, Amur p..,k .....'~-, .8~'owe:';n' .... o~,,1`4 ...... ~ ......... Male I,, Gelds occidentalis L DT ST Pkg 104 Hickory, ~R,~I~ Acer ginnala S Shade tolerant. ~'~ Norway ~ ......... alba L Wa!n ut, E ! ack l,,nl,~o ~;~,.,, I ~NTI~D Arborvitae, American Fir, Balsam ..... o ......... . ............. y ............................ ant. Fir, White Abies concolor MDT 105 TADI l~ IT ~-v .................. False !n o 36 ST DT ........... cN[ c~..,., like Fe~' ...... ov~a-~.l ....... , ml.,~ u ........ ,,; .....~ .... LHy '~ 3nSTDTSN HeucSera sangumea Coral Bells !8 ST $N ..jF ........ ca!yc~num St. Johns Wort ~ ~ oj SN~ ................... ~ .... M ........X r~ nia .... F ................ sea e D~I ............... ;J.~t,,~ "P ...... "'~" Fleece ........ ' ' · ~':~ ............ F ............... ~ .......... Flower ~4 ~T Sbtm,,. be mvaslve D~..: ........ , ........ ;4~ Fountain G""ss ~5 SN Iris ~m~,.;~,, ~m~.-:,,. his ~4 Sm BT tnt 106 Juniperso.~u,,,~o"k;-" '~.,rC,,l~,~..,, ~,.~ Juniper ,~ ~ ~T. ~cSr. ...... ~ ............... : Ro~e. o ~,.DT ..~o~v ...... o~ .... "Nearly ~ZPd" Rose 25 DT Spiraea ~ ...... ' ' "~ ~-;-'~" n.,~.~ Sph'ea Iv S~ ............................ .: ........ 5U Oct tO C ' '-'lq/ *Staff is proposin,~ that the tree list be eliminated. The city requires that a landscape professional prepare the landscapinR plan, which is reviewed and approved by the city. This tree list is unnecessary. 107 Article XXVI. Signs. Sec. 20-1252. Permit and variance fees. Fees for sign permit applications and variance requests shall be imposed in accordance with the fee schedule established by city council resolutian in Chapter 4 of the City Code. The intent of this section is to recover costs associated with administering this article. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. T¼. C .... h~.4.,1 .... ii1 ~ ..~i,,ot~rl ...... to ~h ..... OF .,o rti.-~t~rl ~ .... ~t ......... il Sec. 20-1255. Signs allowed without permit. (8) Rummage (garage) sale si,gus. Rummage sale signs shall be removed within two (2) days after the end of the sale and shall not exceed four (4) square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this paragraph. The city may assess a fee in the amount established ~ay resolution in Chapter 4 of the City Code for sign permits for each sign removed by the city. 11. Off premise sign for open house, house for sale or rent, parade of homes, etc. Such signs shall be removed within two (2) days after the end of the event and shall not exceed four (4) square feet. The property owner upon which a sign is located shall provide their approval. The signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this paragraph. The city may assess a fee in the amount established in Chapter 4 of the City Code for sign permits for each sign removed by the city. * We.fees are established in Chapter 4. We have uo regldalionsfor r~[~'-premise sigus for sale, open house or lease. Sec. 20-1270. Uniform Sign Code. The design and construction standards as set forth in Chapter 4 of the !994 1997 edition of the Uniform Sign Code as may be amended, are adopted. *MCC recommendation. Sec. 20-1301. Agricultural and residential districts. 108 The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R-16, and residential PUD districts: (1) Public and institutional signs. One (1) ground low profile or wall sign, not exceeding twenty-four (24) square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten (10) feet from any property line, and shall not exceed five (5) feet in height. (2) Area identification/entrance signs. Only one (1) monument sign may be erected at the entrance(s). Total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet high. More than one (1) sign per entrance may be erected, provided that the total sign area does not exceed twenty-four (24) square feet. Any such sign or monument shall be designed with low-maintenance materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, and shall be securely anchored to the ground. (3) Non-residential uses. Only one (1) monument sign may be permitted on the site. The total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet in height. *Stqff'is proposin,~ the additio~t (~/'the RLM district. Sec. 20-1302. Neighborhood business, fringe business, and office and institutional districts. (2) Wall business signs. One (1) wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi-tenant buildings where individual entrances do not front on v ........ ,.~... i.., .,...~.. than a public street, a wall sign may shall be permitted on the entrance la,jade if the following apply: 1) the entrance is an individual unit entrance and not a common hallway, 2) the entrance is not an emergency exit or "exit only" for the unit facing *~-~...~ .... v-------.61~:"~ ...~.~' The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas roi' each business shall not exceed the square footage established in the following table: Sec. 20-1303. Highway, general business districts and central business districts. t09 (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. In multi-tenant buildings where individual entrances do not front on r.~,~ ........ - ~,....,...~,~-~" .,,,~-~ .~,~-'hc~. '~'-'~,..~.. a public street, a wall sign may shall be permitted on the entrance fagade if the following apply: 1) the entrance is a unit entrance and not a common hallway, 2) the entrance is not an emergency exit or "exit only" for the unit. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Sec. 20-1304. Industrial office park signs. (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. In multi-tenant buildings where individual entrances do not front on e..... ......... ~ ~.--.-...,,~'"'" .~.~"' .~"'~'"~.....~. ,k~.....~.. a public street, a wall sign may shall be permitted on the entrance fa~;ade if the following apply: 1) the entrance is a unit entrance and not a common hallway, 2) the entrance is not an emergency exit or "exit only" for the unit. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: ,"%',, ......... ......... ,.=¢..., WALL SIGN Article XXVIII: Bluff Protection Sec. 20-1402. Stairways, lifts, paths and landings. 110 Stairways, paths and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways, paths and lifts must receive an em'thwork permit and must meet the following design requirements: (1) Stairways, paths and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, paths, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, paths, lifts and landings must be located in the most visually inconspicuous portions of lots. (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards complied with ~ subitems (1) to (5) ......... ~:~a ,,,;t~. *Staff is recommending that impera, ious tgalhs be included as (l permitted use within the bluff area. Do we want to include dirt paths ? Sec. 20-1403. Removal or alteration of vegetation Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view fi'om the principal dwelling site and to accommodate the placement of stairways and landings and access paths. Removal or alteration of vegetation must receive prior approval of the community development "~"":""t~,,~ ....... s director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. *Revisions c'lari{¥, ,~20-1403. Article XXX. Towers and Antennas. 111 Sec. 20-1503 (b) (c) {Maximum height-}- Except as provided in the following section, maximum heights for towel's shall be as follows: *MCC recommendation. Sec. 20-1505. Towers shall conform with each of the4 following fminimum setback requirements: *MCC recommemlati(m. Sec. 20-1508(1) (1) All applicable provisions of this Code-[- shall be complied with *MCC recommendations. Article XXXi. Bluff Creek Overlay District Sec. 20-1555. Boundary delineation. (a) Generally. Primary and Secondary Zones shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Overlay District Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. (b) Boundaries; maps. The Primary and Secondary Zones include land that is generally defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and maintained by the planning department. The applicant shall provide appropriate technical information, including but not limited to, a topographical survey, flora and fauna survey and soil data deemed necessary fei' the city to determine the exact watershed zone boundary. The community development -~ .... ;-- director shall make a determination to maintain the officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. The applicant may appeal the community development 112 planning director's determination of the watershed zone boundary and type to the city council. Revisions clarify §20-1555, Sec. 20-1558. Site views. Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1), landscaping and site planning, site views both to and fi-om the BCOW- district shall be preserved and enhanced to the greatest extent possible so as to maintain views that reflect and protect the natural beauty of the BCO District. Special attention should be given to views that are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of development away from natural overlooks is encouraged. GRAPHIC LINK: Figure 1. "Published in APA PAS Report #466" Revision clarified lhat lite proper abbreviation is BCO, not BCW. Sec. 20-1559. Density clustering. Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek Overlay District Corridor. Density clustering may be used in areas where portions of the site m-e unsuitable for development because of the location of the Primary Zone Co.widor. Density clustering shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for building purposes. In areas where density clustering is applicable, density may be transferred to unconstrained parts of the site within land included in the Secondary Zone Con-idor, subject to the restrictions of this article, and within land lying outside of identified zone c,omdor areas. Additionally, the following conditions may qualify for density clustering: (a) Land slopes in the Secondary Zone that exceed twenty-five (25) percent on average. (b) Land in the Secondary Zone containing stands of native trees. (c) Land with suitable natural habitat to endangered or threatened species or a fi-agile ecosystem. GRAPHIC LINK: Click here for graphic GRAPHIC LINK: Click here for graphic 113 *Revisions change §20-1559 so that it uses the correct "zone" terminology. Sec. 20-1561. Natural habitat preservation. (a) Natural habitat areas within the primary zone shall be preserved as permanent open space. Any development that occurs shall be directly related to the development of a continuous greenway along the creek fi'om the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek Watershed Natural Resources Management Plan. (b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the practices delineated in the Ceity's Best management Practices Handbook. * Revision explains that development within the corridor is intended to assist in the development ora continuous greenwav ahmg the creek. "City" is §20-1561(b) has been capitalized. Sec. 20-1564. Structure setbacks. All structures shall be setback set back a minimum of forty (40) feet from the Primary Zone. No disturbances of the site shall occur with the first twenty (20) feet of such setback. *MCC recommendation. 114