Chanhassen City Zoning Code

1. Statutory authorization. This ordinance is adopted pursuant to the authorization and policies contained in M.S. ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. ch. 462.
2. 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.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 51, 5-24-04)

1. Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters as classified in section 20-479 of this article. Pursuant to Minnesota Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this ordinance. A body of water created by a private user where there was no previous shoreland is exempt from this article.
2. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations.
3. Enforcement. The community development director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance 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.
4. Interpretation. In their interpretation and application, the provisions of this ordinance 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.
5. Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other articles inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 52, 5-24-04)

1. Permits. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this ordinance.
2. Variances. The board of adjustments and appeals or city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (c) herein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.
3. Notifications to the department of natural resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action.

(Ord. No. 217, § 4, 8-22-94)

1. Shoreland classification system. The public waters of Chanhassen have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County, Minnesota.
2. Shoreland area defined. The shoreland area for the waterbodies listed below shall be as defined in section 1-2 and as shown on the official zoning map.
3. Lakes.
   1. Natural environmental lakes:
      
      

      	Inventory I.D. Number	Ordinary High Water
      Harrison	10-8W	993.6
      Rice Lake	27-132P	699.2
      Rice Marsh Lake	10-1P	877.0
      St. Joe	10-11P	945.2
      Silver	27-136P	898.1

   2. Recreational development lake:
      
      

      	Inventory I.D. Number	Ordinary High Water
      Ann	10-12P	955.5
      Christmas	27-137P	932.77
      Hazeltine	10-14P	916.8
      Lotus	10-6P	896.3
      Lucy	10-7P	956.1
      Minnewashta	10-9P	944.5
      Riley	10-2P	865.3
      Susan	10-13P	881.8
      Virginia	10-15P	929.8

4. Rivers and streams.
   1. Agricultural:
      
      Minnesota River—From west city boundary to east city boundary.
   2. Tributary streams:
      
      Bluff Creek—From Basin 10-209W to Basin 27-132P (Rice Lake).
      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 (10-9P) to Lake Virginia (10-15P).
      Basin 10-212W 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.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 53, 5-24-04; Ord. No. 409, § 2, 1-9-06)

1. Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows:
   1. Sewered lakes—Natural environment:
      
      

      	Riparian Lots		Nonriparian Lots
      	Area	Width	Area	Width
      Single	40,000	125	15,000	90
      Duplex	70,000	225	35,000	180
      Triplex	100,000	325	52,000	270
      Quad	130,000	425	65,000	360

   2. Sewered lakes—Recreational development:
      
      

      	Riparian Lots		Nonriparian Lots
      	Area	Width	Area	Width
      Single	20,000	90	15,000	90
      Duplex	35,000	135	26,000	135
      Triplex	50,000	195	38,000	190
      Quad	65,000	255	49,000	245

      Unsewered lakes—Recreational development:
      
      

      	Riparian Lots		Nonriparian Lots
      	Area	Width	Area	Width
      Single	40,000	125	15,000	90

   3. River/stream lot width standards. There is no minimum lot size requirement 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 river/stream classifications are as follows:
      
      

      	Agricultural	Tributary	Tributary
      		No Sewer	Sewer
      Single	150	100	90
      Duplex	225	150	115
      Triplex	300	200	150
      Quad	375	250	190

   4. Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95; Ord. No. 377, § 54, 5-24-04)

1. Placement of structures on lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows:
   
   

   Classes of Public Waters	Structures Unsewered	Structures Sewered	Sewage Treatment System
   Lakes
   Natural environment	150	150	150
   Recreational development	100	75	75
   Rivers/streams
   Agricultural and tributary	100	50	75

   One water-oriented accessory structure designed in accordance with subsection 20-481(e)(2)(b) of this ordinance may be setback a minimum distance of ten feet from the ordinary high water level for lakes.
2. Structure setbacks. The following 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 county highway	50
   (4) Right-of-way line of town road, public streets, or other roads or streets not classified	20

3. Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
4. Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
5. Design criteria for structures.
   1. High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows:
      1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
      2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three 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 approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and
      3. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
   2. Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection 20-481(a) if this water-oriented accessory structure complies with the following provisions:
      1. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.
      2. The setback of the structure or facility from the ordinary high water level shall be at least ten feet;
      3. 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;
      4. The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area;
      5. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and
      6. 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 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
   3. Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:
      1. Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
      2. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties;
      3. Canopies or roofs are not allowed on stairways, lifts, or landings;
      4. 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;
      5. 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
      6. 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 this section are met in addition to the requirements of Minnesota Regulations, Chapter 1341.
   4. Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
   5. Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
6. Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 322, § 1, 6-25-01; Ord. No. 377, §§ 55—57, 5-24-04)

1. 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.
2. 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 ordinance are exempt from the following vegetation alteration standards:
   2. Removal or alteration of vegetation is allowed subject to the following standards:
      1. 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 if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
      2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
         1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced;
         2. Along rivers and streams, existing shading of water surfaces is preserved;
         3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and
         4. The clearing shall be limited to a strip 30 percent of lot width or 30 feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones.
      3. In no case shall clear cutting be permitted.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96; Ord. No. 377, § 58, 5-24-04)

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 ordinance and chapter 7, article III. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 59, 5-24-04)

1. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
2. Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.
3. Public and watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met.

(Ord. No. 217, § 4, 8-22-94)

Lot coverage of lots shall not exceed 25 percent of the lot area, except as follows:

1. 30 percent impervious shall be allowed for lots zoned Residential Single Family (RSF) which were platted prior to January 1, 1976 with the following conditions:
   1. Riparian Lots
      1. When exceeding 25 percent impervious coverage, riparian lots shall be required to have a shoreline vegetative buffer area equal in size to the new impervious area proposed over 25 percent of the lot area. (Example: 100 square feet of impervious area will require 100 square feet of shoreline vegetative buffer area).
         1. The shoreline vegetative buffer will be required to encompass at least 25 percent or 20 feet of the linear water frontage, whichever is greater. The buffer width shall be the width necessary to achieve the required buffer area. (For example, 100 square feet of impervious area required with 25 feet of buffer length along the shoreline would require a vegetative buffer width of 4 feet.)
         2. If the vegetative buffer required is determined to be infeasible by the City Engineer, alternative Best Management Practices (BMPs) shall be installed as outlined in section B.
         3. Access to the lake for swimming or dock use shall be maintained.
         4. The vegetative buffer may satisfy the BMP requirement outlined below.
      2. The following shall be provided at the time of permit application:
         1. Pre- and post-project lot cover calculations.
         2. Water Quality Volume shall be calculated by 1.1 inch multiplied by the area in square feet of impervious area over 25 percent.
         3. BMPs shall be designed to treat the calculated amount of Water Quality Volume created by the proposed impervious area.
         4. Project plans on a scaled survey shall show the proposed impervious surface as well as the offsetting location and design of BMPs. This could include native vegetative buffers, rain gardens, rain barrels, infiltration/biofiltration basins/swales, etc.)
         5. An erosion and sediment control plan in accordance with Section 19-145 of the City Code.
         6. Additional information, such as Hydrologic and Hydraulic Modeling, plans certified by a professional engineer, etc., may be required as determined by the City Engineer when there is reasonable cause for concern of the impacts of the increased stormwater runoff.
      3. Changes in stormwater runoff shall not cause adverse impacts to adjacent and downstream infrastructure.
      4. BMPs installed shall be privately owned and may require an Operations and Maintenance Agreement to be recorded against the property at the discretion of the City Engineer.
      5. Vegetative buffer areas shall be protected in an easement recorded against the property, and monuments shall be installed at the easement boundary
   2. Non-Riparian Lots
      1. The following shall be provided at the time of permit application.
         1. Pre- and post-project lot cover calculations.
         2. Water Quality Volume shall be calculated by 1.1 inch multiplied by the area in square feet of impervious area over 25 percent.
         3. BMPs shall be designed to treat the calculated amount of Water Quality Volume created by the proposed impervious area.
         4. Project plans on a scaled survey shall show the proposed impervious surface as well as the offsetting location and design of BMPs. This could include native vegetative buffers, rain gardens, rain barrels, infiltration/biofiltration basins/swales. etc.
         5. An erosion and sediment control plan in accordance with Section 19-145 of City Code.
         6. Additional information such as Hydrologic and Hydraulic Modeling, plans certified by a professional engineer, etc. may be required as determined by the City Engineer when there is reasonable cause for concern of the impacts by the increased stormwater runoff.
      2. Changes in stormwater runoff shall not cause adverse impacts to adjacent and downstream infrastructure.
      3. BMPs installed shall be privately owned and may require an Operations and Maintenance Agreement to be recorded against the property.
2. 35 percent for medium/high-density residential zones; and
3. 70 percent in industrial zones within the Lake Susan Shoreland District.
   

(Ord. No. 217, § 4, 8-22-94; Ord. No. 628, § 20, 12-11-17)

Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows:

1. On-site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in subsection 20-481(a) of this ordinance.
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 city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. Chanhassen will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time that will not exceed three years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.221, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 377, § 60, 5-24-04)

1. A nonconforming single lot of record located within the shoreland management district may be allowed as a building site without variances from lot size requirements, provided that:
   1. All structure and septic system setback distance requirements can be met;
   2. A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, can be installed or the lot is connected to a public sewer; and
   3. The lot coverage does not exceed 25 percent.
2. In a group of two or more contiguous lots of record under a common ownership an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
   1. The lot must be at least 75 percent of the dimensional standard for lot width and lot size for the shoreland classification;
   2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, and local government controls;
   3. Lot coverage must not exceed 25 percent of each lot; and
   4. Development of the lot must be consistent with the city's comprehensive plan.
3. A lot subject to subsection (b) not meeting the requirements of subsection (b) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.
4. Notwithstanding subsection (b), contiguous nonconforming lots of record in the shoreland management district under a common ownership may be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minnesota Rules, Chapter 7080, or connected to a public sewer.
5. In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.
6. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Ord. No. 543, § 2, 6-25-12; Ord. No. 628, §§ 21, 22, 12-11-17)