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Chapters 18 & 20 Ordinance Amendments CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ITJ MEMORANDUM' TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: June 6, 2006 SUBJ: Subdivision and Zoning Ordinance Amendments Chapters 18 and 20 of the Chanhassen City Code BACKGROUND We last amended the subdivision and zoning ordinance in November 2005. The Planning Commission has review responsibility for Chapters 18 and 20. A public hearing is required to make changes in these chapters. We are submitting the following amendments to Chapters 18 and 20 to the Planning Commission for review. DISCUSSION Chapter 18, Subdivisions ISSUE Sec. 18-40 (4) d Retaining walls appear to be becoming a larger component of subdivisions and development design. However, the current city code provides little direction, guidance or regulation. Staff has prepared the following revisions to have standards for high quality design and maintenance assurances. On February 6, 2006, the Planning Commission discussed the potential revisions for retaining walls. CHANGE A proposed grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features. (1) All proposed retaining walls must be shown on the plan. The top and bottom elevations of the wall must be noted. (a) The design shall comply with the Minnesota Department of Transportation (MnDOT) standards for retaining walls. (b) Retaining walls over six (6) feet in height located within ten (10) feet of any public way (sidewalk, street, trail, alley, etc.) shall have a fence or other barrier, such as a berm or landscaping, to impede access to the retaining wall. The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 2 of 12 (c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail. (d) Landscaping between staged retaining walls should be low or no maintenance. (e) The following materials are prohibited: smooth face concrete (poured in place); however, stamped or patterned concrete face may be acceptable, masonry (mortared), railroad ties, and timber. ISSUE Sec. 18-78 (b) Required Improvements. While the City routinely requires that developers extend public infrastructure to the property line of the development, the ordinance does not specifically state that this is required. Staff has prepared an amendment to clarify this requirement. CHANGE (13) The Developer is required to install public improvements including but not limited to sanitary sewer, watermain, storm sewer and urban streets to the property boundary, unless otherwise approved by the City Engineer. Chapter 20, Zoning ISSUE Sec. 20-58. General conditions for granting [variances]. The proposed change is due to the fact that criteria are plural. CHANGE A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (1) That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet this these 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. Subdivision & Zoning Ordinance Amendments June 6,2006 Page 3 of 12 (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. ISSUE Sec. 20-73. Nonconforming lots of record. The proposed change brings our ordinance into compliance with state statute. CHANGE (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, fire or other peril 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 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. ISSUE RLM District, Sec. 20-645. Lot requirements and setbacks. City Council has directed staff to revise the side yard setback to increase the separation between buildings in the RLM district. The proposed revision would be similar to the setbacks required in the Near Mountain development, which is located in the northeast comer of the city. CHANGE (5) The setbacks are as follows: (a) If a single-family dwelling: 1) For front yards, 25 feet. 2) For rear yards, 25 feet. 3) For side yards, five feet on garage side and 10 feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 4 of 12 ISSUE Sec. 20-905. Single-family dwellings. Staff, in reviewing building permit applications, has had issues where buildings proposed patio doors and other entrances to the building, with no exterior improvements shown. In many instances, the site is at or near the maximum site coverage for the property. In these instances, the future property owner would not be able to construct a concrete patio outside these doors without first receiving a variance. The Planning Commission and City Council have been concerned that as part of the subdivision review process that the lots be able to accommodate the houses being proposed as part of a development as well as allowing the future homeowners to expand their homes or add ancillary uses without requiring a variance. The proposed language would provide a minimum threshold to allow for such expansion. CHANGE All single-family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to the following standards for living areas: a. If a one-story rambler design, have an area of 960 square feet. b. If a split-level design, have an area of 1,050 square feet. c. If a split foyer and two-story design, have an area of 600 square feet on the first floor. d. A two-car garage must be provided with the single-family structure. (3) Have an earth covered, composition, shingled or tiled roof or other materials approved by the Minnesota State Building Code as adopted and amended by the city. (4) Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. (5) Meet the requirements of the Minnesota State Building Code as adopted and amended by the city or the applicable manufactured housing code. (6) Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum 10 feet by 10 feet hard surface area shall be assumed. Such hard surface area must be shown to comply with Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 5 of 12 required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's hard surface coverage above that permitted by ordinance. ISSUE Sec. 20-909. Outdoor storage. The current ordinance permits storage of boats, all-terrain vehicles, snowmobiles and trailers behind the front yard setback. If a house is built beyond the front yard setback, then a property owner would be permitted to store these items in front of the house. The intent of the ordinance is clearly to require such storage on the side of the house or in the rear yard. CHANGE 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 feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. (6) Continued storage of boats, all-terrain vehicles, snowmobiles and trailers may be stored in the side or rear yard sehiRd the re~yired fnmt setsael:, if owned by a resident owner or lessee of the property. (7) Outside storage of tires is prohibited. (8) PODS (personal on demand storage) and roll-off dumpsters may be located on a property a minimum of six feet away from the house for fire protection and at least ten feet 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. ISSUE Sec. 20-1019. Location [fences]. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 6 of 12 Staff has interpreted the Bluff Protection ordinance (section 20-1401) to prohibit fences in the required bluff setback. The proposed change would clarify this interpretation. Staff is concerned that any intrusions into the bluff setback could have a negative impact on erosion problems on bluffs. CHANGE (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. (e) Bluffs. No fences shall be permitted within the 20-foot bluff impact zone or within the 30-foot bluff setback. ISSUE Sec. 20-1124. Required number of on-site parking spaces. On February 7, 2006, staff presented an application for the construction of a multi-family building with a variance to the parking standards for Gateway Place located at the northwest intersection of future Highway 101 and the extension of Lake Susan Drive. City Code requires 2 parking spaces per two or more bedroom units of which 1'h spaces must be enclosed. The applicant provided parking spaces that exceeded the total number of required parking spaces (enclosed plus above ground) but could not meet the total required number of enclosed parking spaces. The applicant for Gateway Place conducted an exercise that demonstrated it is difficult to provide 1 Yz enclosed parking spaces per unit without expanding the footprint of the garage beyond the footprint of the apartment building. The Planning Commission directed staff to visit the parking ordinance and check the criteria and formulas used by surrounding communities. Prior to May 24, 2004, the City required the following: In the R-16 District requirements are as follows: Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 7 of 12 . One (1) enclosed stall per dwelling. All enclosed stalls must be located in an underground garage structure. . One (1) exterior stall per unit. Staff's reasoning for the amendment stated "Parkin!! standards should be based on the number of bedrooms. not the zonin!! district." The amended ordinance required the following: . Efficiency units and one-bedroom units--One and one-half stalls, one of which must be completely enclosed in a garage. . Two-bedroom and larger units-- Two stalls, one and one-half must be completely enclosed in a garage. Multifamily Parking Requirement in Other Communities: The following is a summary of what other communities require and how they compare to the City of Chanhassen: City Total Parkin2 Required Enclosed Spaces Minnetonka 2 1 Chaska 2 No requirement Plymouth 2Y2 1 Eden Prairie 2 1 Chanhassen . Efficiency & One Bedroom 1Y2 1 . Two Bedrooms 2 1Y2 All communities require a minimum of two parking spaces of which one must be enclosed with the exception of the City of Chaska. If Chanhassen's multifamily parking requirements were similar to surrounding communities, a variance could have been avoided completely. It is staff's opinion that the city code be amended back to the one enclosed parking space only. CHANGE f. Dwelling: 1. Single-family--Two parking spaces, both of which must be completely enclosed. No garage shall be converted into living space unless other acceptable on-site parking space is provided. 2. Multifamily: Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 8 of 12 (a) Efficiency units and one-bedroom units--One and one-half stalls, one of which must be completely enclosed in a garage. (b) Two-bedroom and larger units--Two stalls, one and one half must be completely enclosed in a garage. (c) Senior housing--Housing designed and limited to senior citizens, age restricted to those 55 years of age and older, shall provide one parking stall per dwelling unit, which must be enclosed in a garage. Assisted living facilities shall provide one-third parking stall per dwelling unit. All required parking for assisted living dwelling units must be enclosed in a garage. (d) Garage stalls for multifamily buildings containing more than 20 dwellings must be placed underground or attached to the primary structure. The city may allow freestanding garage stalls only when the applicant demonstrates that the architectural design of the building results in an inability to accommodate all the stalls under the building and when the majority of this requirement is met with underground parking. (e) In multifamily rental buildings, the use of at least one enclosed stall shall be included in the lease or rental rate of each apartment. In multifamily owner-occupied buildings at least one enclosed stall shall be included in the sales price of each home. (f) One visitor parking stall shall be provided for each four dwellings. ISSUE Sec. 20-1255. Signs allowed without permit. City Code permits multiples signs at the entrance to a project. In such instances, the city may have a proliferation of signage for developments. In order to reduce the potential clutter, staff is proposing linking such signage to limit the total number of signs. With the development of 2005 MUSA properties, there is the potential for multiple developments. Each development would be permitted such signage. In addition to these signs, the City requires that developments install development information signs which give the project name, the developer, the contact name and number and the permitted construction hours. This sign also adds to the clutter at the entrance to the development. CHANGE (6) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 9 of 12 temporary development project advertising sign are proposed at the entrance to a project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (9) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to a project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. ISSUE Sec. 20-1259. Prohibited signs. Chanhassen City Code currently requires conditional use permits for the use of electronic message center signs but does not establish any specific standards restricting their use (i.e. display area, location, etc.). Staff is proposing developing standards to minimize impacts of such signage. By amending the ordinance the City will more efficiently be able to restrict and regulate the construction and use of electronic message center signs within Chanhassen city limits. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 10 of 12 In researching city codes from various municipalities in the Twin Cities Metropolitan area, staff found that regulation of electronic message center signs varied with each city. Most cities included in the study had regulations on electronic message center signs that were no stronger than ours, if they had any at all. However, staff was able to find regulations from different codes that could be helpful to the City of Chanhassen. After mixing and matching portions of these codes, we were able to create an ordinance that would fit Chanhassen. CHANGE The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semitruck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles which may be permitted by conditional use permits (see sections 20-231 through 20-237), and shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. c) The lamp wattage and luminance level in candelas per square meter (nits) shall be provided at the time of permit applications. d) There shall be no electronic message center signs in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right-of-way lines) or within one hundred twenty five feet (125') of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. e) Electronic and nonelectronic message center space used on a sign shall not exceed a total of forty (40) square feet or twenty five percent (25 % ) of the allowable sign area, whichever is less. The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. o Electronic message center signs shall not be located in agricultural or single- family residential zoning districts. (3) Projecting signs, not including awning or canopies as defined in this chapter. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 11 of 12 (4) Roof signs, except that a business sign may be placed on the roof, fascia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in section 20-1256. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of- way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. (9) Billboards. ISSUE Sec. 20-1267. Uniformity of construction, design, etc. The City requires individual dimensional letters on signage, but provides no standards for a minimum acceptable dimension. Some sign companies are proposing 1/8 inch projection as part of the panel sign to meet this requirement. Staff does not believe that this is a sufficient depth to individualize the letter. We reviewed a number of signs that were submitted previously. Most of these had Y2-inch or larger dimensions. We are therefore recommending that the Y2-inch minimum depth be included in the code. CHANGE All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. MuItitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and muItitenant buildings shall submit a comprehensive sign plan for approval by the planning comlnission and city council. All & signage shall use individual dimensional letters, at least one-half (112) inch in depth, and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a muItitenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign display area. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 12 of 12 RECOMMENDA TION Staff recommends that the Planning Commission adopt the following two motions: "The Chanhassen Planning Commission recommends approval of the attached ordinance amending Chapter 18, Subdivisions, of the Chanhassen City Code." "The Chanhassen Planning Commission recommends approval of the attached ordinance amending Chapter 20, Zoning, of the Chanhassen City Code." ATTACHMENTS 1. Ordinance Amending Chapter 18, Subdivisions, of the Chanhassen City Code. 2. Ordinance Amending Chapter 20, Zoning, of the Chanhassen City Code. g:\plan\bg\city code\pc memo 2006 revisions.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 18-40 (4) d of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A proposed grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features. (1) All proposed retaining walls must be shown on the plan. The top and bottom elevations of the wall must be noted. (a) The design shall comply with the Minnesota Department of Transportation (MnDOT) standards for retaining walls. (b) Retaining walls over six (6) feet in height located within ten (10) feet of any public way (sidewalk, street, trail, alley, etc.) shall have a fence or other barrier, such as a berm or landscaping, to impede access to the retaining wall. (c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail. (d) Landscaping between staged retaining walls should be low or no maintenance. (e) The following materials are prohibited: smooth face concrete (poured in place); however, stamped or patterned concrete face may be acceptable, masonry (mortared), railroad ties, and timber. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a subsection to be numbered 18-78 (b) (13), which shall read as follows: The Developer is required to install public improvements including but not limited to sanitary sewer, watermain, storm sewer and urban streets to the property boundary, unless otherwise approved by the City Engineer. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12th day of June, 2006, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\chapter 18 amendments 2006.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-58 (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Section 2. Section 20-73 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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, fire or other peril 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 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. Section 3. Section 20-645 (5) (a) 3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: For side yards, five feet on garage side and 10 feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. Section 4. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-905 (6), which shall read as follows: Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum 10 feet by 10 feet hard surface area shall be assumed. Such hard surface area must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's hard surface coverage above that permitted by ordinance. 1 Section 5. Section 20-909 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Continued storage of boats, all-terrain vehicles, snowmobiles and trailers may be stored in the side or rear yard, if owned by a resident owner or lessee of the property. Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-1019 (e), which shall read as follows: Bluffs. No fences shall be permitted within the 20-foot bluff impact zone or within the 30-foot bluff setback. Section 7. Section 20-1124 f. 2. (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Two-bedroom and larger units--Two stalls, one must be completely enclosed in a garage. Section 8. Section 20-1255 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-1255 (9) h., which shall read as follows: Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Section 10. Section 20-1259 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles which may be permitted by conditional use permits (see sections 20-231 through 20-237), and shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. 2 b) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. c) The lamp wattage and luminance level in candelas per square meter (nits) shall be provided at the time of permit applications. d) There shall be no electronic message center signs in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right-of-way lines) or within one hundred twenty five feet (125') of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. e) Electronic and nonelectronic message center space used on a sign shall not exceed a total of forty (40) square feet or twenty five percent (25%) of the allowable sign area, whichever is less. The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. f) Electronic message center signs shall not be located in agricultural or single-family residential zoning districts. Section 11. Section 20-1267 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multitenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. All signage shall use individual dimensional letters, at least one-half (112) inch in depth, and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multitenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign display area. Section 12. This ordinance shall be effective immediately upon its passage and publication. 3 PASSED AND ADOPTED this lih day of June, 2006, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\amendment ordinance chapter 20 2006.doc 4