CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 595

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1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 595 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, CHAPTER 18, SUBDIVISION, AND CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by adding the following definition to read as follows: Expansion means an increase in the floor area or volume of an existing building (including deck additions), increase in the building occupancy, capacity or parking demand or increase in the degree or intensity of the nonconforming condition of the building, land area, site or use. (20) Section 2. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by amending the definition of flag/neck lot to read as follows, including the lot illustration: Lot, flag/neck means a lot that does not provide the full required frontage on a public rightof-way, but rather is served by a narrow "neck" of land that extends to the street. To meet the definition the neck must be at least thirty (30) feet wide. The 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. (18, 20) 1

2 Section 3. Section (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed in the front yard. The type of tree shall be subject to city approval. Coniferous trees must be at least eight feet high and deciduous trees must be at least two and one-half inches in diameter at the time of installation. This requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half inches for deciduous and eight-foot height for conifers is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Scientific Name Deciduous Overstory Trees Acer saccharum spp. Carya ovata Celtis occidentalis Juglans nigra Quercus rubra spp. Quercus alba Quercus bicolor Quercus macrocarpa Tilia americana Acer rubrum spp. Acer x freemanii, spp. Acer saccharinum `Silver Queen' Aesculus glabra Betula nigra Betula papyrifera Betula pendula `Dalecarlica' Catalpa speciosa Fraxinus spp.* Ginkgo biloba Common Name Maple, Sugar or hard all varieties, except platanoides Shagbark Hickory Hackberry Black Walnut Oak, Red all varieties Oak, White Oak, Bicolor Oak, Bur Linden, American Maple, Red, all varieties Maple, Freeman, all varieties Maple, Silver Queen Ohio Buckeye Birch, River Birch, paper Birch, cut leaf weeping Northern Catalpa Ash, all varieties Ginkgo 2

3 Gleditsia triacanthos inermis, spp. Gymnocladus dioicus Tilia spp. Ulmus spp. Honeylocust, thornless - all varieties Coffeetree, Kentucky Linden, all varieties ELM, DED-resistant varieties Scientific Name Ornamental Trees Acer ginnala* Amelanchier spp. Crataegus spp. Malus spp. Ostrya virginiana Populus tremuloides Sorbus spp. Phellodendron amurense Prunus cerasifera `Newport' Prunus triloba Prunus virginiana `Schubert' Syringa reticulata Common Name Maple, Amur Serviceberry or Juneberry Hawthorn, all varieties Crabapple, assorted flowering-varieties Ironwood Aspen Ash, Mountain, all varieties Amur Corktree Plum, Newport Plum, flowering or Rose Tree of China Chokeberry, Schubert Lilac, Japanese tree Scientific Name Conifers Abies balsamea Abies concolor Larix laricina Picea abies Picea glauca Picea glauca densata Picea pungens* Pinus nigra Pinus ponderosa Pinus resinosa Pinus strobus Common Name Fir, Balsam Fir, Concolor Tamarack Spruce, Norway Spruce, White Spruce, Black Hills Spruce, Colorado Green Pine, Austrian Pine, Ponderosa Pine, Norway Pine, White 3

4 Pinus sylvestris Pseudotsuga menziesii Thuja occidentalis Thuja occidentalis `Techny' Pine, Scotch Fir, Douglas Arborvitae Techny Arborvitae * These trees shall be restricted; quantities and location must be approved by the city in a landscape plan. Section 4. Section (d) (2) e. of the City Code, City of Chanhassen, Minnesota, is hereby e. The following criteria shall be followed in establishing minimum canopy coverage: 1. When planting trees, one tree shall be deemed to provide 1,089 square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference given for trees designated as native); 3. No more than one-third 10 percent of the trees may be from any one tree species and no more than 20 percent of the trees may be from any one genus; 4. Overstory trees shall be average at least two-and-one-half-inch caliper and may understory trees shall be a minimum of one-and-one-half-inch caliper; 5. Not less than twenty percent of the trees shall be conifers; 6. Conifer trees shall average seven feet and shall be a minimum of six feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; 9. Trees shall be from certified nursery stock as defined and controlled by M.S through 18.61, the Plant Pest Act; and 10. Not less than 75 percent of the total trees required shall be overstory species. Section 5. Section (d) (9) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows If any protected significant trees are removed or killed or there is a loss of trees as the result of construction activities, the city requires replacement at the rate of two diameter inches per each inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least 2½ 4

5 inches in diameter and will be species that conform to the List of Desirable Tree Species for Planting in Chanhassen. No more than one-third 10 percent of the trees may be from any one tree species. Other species or sizes may be used as replacement trees subject to approval by the city. Alternately, at the city's discretion, if a developer removes trees within a protected area, the canopy coverage area shall be calculated for that area and a replacement area two times the canopy coverage area that was removed shall be planted. One tree shall be planted for each 1,089 square feet of required replacement area. Trees shall be from the list of desirable tree species, no more than one-third 10 percent of trees from any one tree species, average 2½-inch diameter with a minimum 1½-inch diameter, a similar species as vegetation existing on-site, and appropriate to the soil conditions. For any replacement trees that cannot be planted on the original site due to space restrictions, the developer shall pay the city the value of the trees, including material and installation, in to the community tree planting fund. Section 6. Section of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000 square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear setback as follows: a. Less than 140 square feet, minimum rear setback is five feet. b. One hundred forty-one to 399 square feet, minimum rear setback is ten feet. c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the RLM district where the minimum rear setback is 25 feet. (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten feet, but must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than 30 percent of the area of any rear yard. (c) For parcels with less than three acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed or commenced prior to the erection, construction or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently 5

6 removed, destroyed or discontinued, the accessory structure or use must be removed or discontinued within 12 months. (d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act contained in M.S to (e) Docks, which shall comply with section Section 7. Section (5) of the City Code, City of Chanhassen, Minnesota, is hereby (5) The following architectural elements of the principal structure or if the structure is attached to the principal structure shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. 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 feet, six inches; fire escapes may project a distance not exceeding four feet, six inches; an uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three feet; unenclosed decks and patios may project a distance not exceeding five feet. 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. c. Porches that encroach into the required front 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. d. Subject to the setback requirements in section , 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 feet. e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining walls. f. 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. 6

7 1. 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 feet, provided they maintain a minimum front yard setback of 20 feet. The ten feet shall include the 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. Section 8. Section (6) a. of the City Code, City of Chanhassen, Minnesota, is hereby a. Such storage may not extend beyond the front of the principle principal structure. Section 9. Section of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Surface Water Management All development shall comply with the city's most recently adopted surface water management plan dated February 1994, which is incorporated herein by this reference. Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12 th day of May, 2014, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Summary Ordinance published in the Chanhassen Villager on May 22, 2014) 7