The following regulations shall apply to all zoning districts unless specifically stated otherwise. Determination of potential or actual noncompliance with such special regulations shall be made by the City Council or its duly appointed agent. All uses and structures shall comply with all applicable local, State and Federal laws, rules and regulations.

1. Residual Features. No activity or operation shall be established or maintained which by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust, and particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort and safety, or cause injury to property or business.
2. Glare. Any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential property or from the public streets. Direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property.
3. Vibration. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
4. Explosives. Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than four hundred feet from any R1, R1A, R1B, R2, R3, PRD, PCD, C1, or P2 District line provided that this Section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or commercial purposes.
5. Radiation And Electrical Emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including, but not limited to, radio and television reception other than that of the creator of the disturbance.
6. Waste Material. Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the City. If said permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of solid form rather than fluid the storage area shall be located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, and materials not currently in use for construction or otherwise regulated herein, shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Existing uses shall comply with this provision within six (6) months following enactment of this Ordinance.
7. Incineration. Incineration of goods and materials shall be prohibited as a principal use, but may be allowed by Conditional Use Permit if incidental to a permitted principal use provided that:
   1. Such incineration shall comply with all applicable local, State and Federal laws, rules and regulations;
   2. The owner shall pay for an inspection conducted by an independent testing firm as may be ordered by the City of Chaska from time to time.
      

Regulation of off-street parking spaces is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking in accordance with the utilization of various parcels of land or structures.

All applications for permits required under this Ordinance in all districts shall be accompanied by a site plan drawn to scale and dimensions indicating the location of off-street parking and loading spaces in compliance with the following requirements:

1. General Provisions.
   1. Yards. Parking areas and garage stalls accessory to residential structures shall be subject to front yard and to side yard requirements on a street abutting a corner lot in accordance with the requirements for the use district in which the parking is located, except that when the parking area is the primary rather than accessory use of a particular property and when such property abuts a lot in the Commercial or Industrial Districts and is in the same ownership as the land in such Districts, such front and side yard depths may be reduced to not less than ten (10) feet.
   2. Benches in Places of Public Assembly. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking.
   3. Parking Spaces. Each parking space shall not be less than nine feet wide and twenty feet in length and each space shall be served adequately by access drives. For purposes of calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering area including access drive.
   4. Parking on Residential Lots.
      1. Passenger automobiles, vans and trucks with a carrying capacity of one ton or less except that only one commercially licensed vehicle shall be permitted per lot. Commercially licensed vehicles or trailers over one ton capacity shall be permitted to be parked on a residential lot only when loading, unloading, or rendering a service.
      2. Recreational vehicles including, but not limited to, motor homes, travel trailers, pickups with slip-in campers, boats, motorcycles, snowmobiles, except that only one such vehicle over 30 feet in length shall be permitted per lot.
2. Location Of Parking Spaces.
   1. Spaces for Dwellings.
      1. Off-Street Parking Locations Limited. In Residential Zoning Districts the off-street parking of permitted vehicles as defined in Minn. Stat. § 169.01 Subd. 2 shall occur only in a garage or a principal driveway.
      2. Driveway Restrictions. Driveways serving residential lots shall not exceed 40 percent of the lot width at the required front yard setback, but in no case shall exceed 36 feet in width; and where the driveway meets the street curb, the driveway shall be no wider than 24 feet. In cases where a driveway exceeds 24 feet at the street right-of-way, the driveway width within such right-of-way (boulevard) shall not extend beyond a diagonal line connecting the point where such driveway meets the right-of-way to the point where it meets the curb. In addition to the above, one 12 foot x 20 foot hard surfaced area for vehicular turnaround shall be permitted in the front yard. The intent of these driveway regulations is to provide for off-street parking in driveways and convenient access to garages, but also to limit the amount of driveway surface in relation to the front yard area in order to preserve reasonable “curb appeal” and neighborhood attractiveness.
   2. Spaces for Commercial Retail Uses or for Public or Semi-Public Uses, Excepting Shopping Centers. Within 300 feet of the main entrance of the building served.
   3. Spaces for Industrial Uses. Within 800 feet of the main entrance of the building being served.
3. Setback Requirements.
   1. Within Residential Districts.
      
      Driveways shall be set back five (5) feet from interior side lot lines and 15 feet from street side lot lines.
      
      Front, side and rear yard parking areas shall be subject to the dwelling unit or accessory building setbacks of the underlying Zoning District, whichever is less.
   2. Within Non-Residential Districts. Off-street parking spaces shall not be less than ten (10) feet from a street right-of-way line nor less than five (5) feet from any interior side or rear lot line, with the following exceptions:
      1. Where a side or rear lot line is abutting a Residential District, off-street parking shall not be less than ten (10) feet from said lot lines; and
      2. Where joint parking facilities or adjoining parking facilities are subject to cross access easements/agreements, the parking area setbacks from common interior lot lines shall not be required, unless required by City Council at time of Site Plan Approval. (Ord. No. 640, 8/17/98)
   3. Along Trunk Highway 41. Off-street parking and driving areas shall be set back 90 feet from the centerline of T.H. 41, from Woodland Drive to the north City limits.
4. Joint Parking Facilities. Required parking facilities serving two or more uses may be located on the same lot or in the same structure provided that the total number of parking spaces so furnished shall not be less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two or more uses. Conditions required for joint use are:
   1. The proposed joint parking space is within 400 feet of the use it will serve;
   2. The applicant(s) shall show that there is no substantial conflict in the principle operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed;
   3. A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of off-street parking facilities shall be filed with the Clerk. Said instrument may be a three or more party agreement including the City.
5. Design And Maintenance On Off-Street Parking Area.
   1. Access. Access and parking areas shall be designated so as to provide an adequate means of access to a public alley or street. Said driveway shall be limited so as to cause the least interference with traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked.
   2. Calculating Space. When the determining of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.
   3. Signs. Signs located in any parking area necessary for orderly operation of traffic movement are permitted subject to the regulations in CZO 15.32.110 paragraph A.
   4. Surfacing and Curbing. Except in the R-Rural and RR-Rural Residential Districts, all the area intended to be utilized for parking space and driveways shall be surfaced with concrete or bituminous to control dust and drainage; and shall be edged with poured in-place curbing except in all residential districts. This requirement also applies to open sales lots.
   5. Lighting. Exterior lighting shall not be directed upon adjacent land or the public right-of-way.
   6. Screening and Landscaping. Open parking areas containing six (6) or more parking spaces shall be screened on each side adjoining a residential or public use or a public street. [See CZO 15.28.070 paragraph F,1,a]
6. Required Number Of Off-Street Parking Spaces. Parking spaces shall be provided in number according to the following: (Floor area as stated hereunder shall mean gross floor area unless stated otherwise.)
   1. Residential.
      1. One and two family dwellings:
         1. Two spaces per dwelling unit
      2. Townhouses/Single Family Attached Housing:
         1. Two spaces per unit, plus at least one space per two units shall be provided in common lots for visitor parking use
      3. Multiple family dwellings:
         
         (i.e., walkup apartments, garden apartments, condos, etc.)
         1. Two spaces per dwelling unit
      4. Housing designed primarily for the elderly:
         1. One space for each two dwelling units
   2. Public / Semi-Public.
      1. School - elementary:
         1. One space for each classroom plus one additional space for each 30 student capacity
      2. School - junior high:
         1. One space for each classroom plus two additional spaces for each 30 student capacity
      3. School - senior high through college and private schools:
         1. One space for each classroom plus one additional space for each six students based upon design capacity
      4. Churches, theaters, auditoriums, mortuaries, and other similar places of assembly:
         1. One space for each three and one-half seats based upon design capacity of seating area
      5. Athletic field:
         1. One space for each six seats based upon design capacity
      6. Community center, post office, YMCA, YWCA, physical culture studio, library, private club, lodge, museum, art gallery, and other similar establishments:
         1. 12 spaces plus one for each 300 square feet in excess of 2,000 square feet of floor area in the principal structure
      7. Hospital:
         1. One space for each three hospital beds based upon design capacity
      8. Golf club, country club, tennis club, public swimming pool, and other similar establishments:
         1. 20 spaces plus one for each 300 square feet in excess of 1,000 square feet of floor area in the principal structure
      9. Sanitarium, convalescent home, rest home or nursing home:
         1. Four spaces plus one for each four beds based upon design capacity
   3. Commercial / Industrial.
      1. Retail sales, service establishments and shopping center:
         1. One space for each 200 square feet of floor area
      2. Personal and professional offices, medical clinics, dental clinics, banks, savings institutions, etc.:
         1. One space for each 250 square feet of floor area
      3. Drive-in establishment:
         1. One space for each 20 square feet of floor area
      4. Motel, motor hotel, or hotel:
         1. One space for each guest room plus one for each employee, plus additional spaces as may be required herein for related uses
      5. Bowling alley:
         1. Five spaces for each alley plus additional spaces as may be required herein for related uses
      6. Motor service stations:
         1. Four spaces plus two additional spaces for each service stall
      7. Day Care Centers:
         1. One space for each employee
      8. Restaurants, cafes, bars, taverns, night clubs, etc.:
         1. One space for each three seats based upon design capacity of seating area
      9. Furniture store, appliance store, auto sales, kennels, studios, commercial greenhouses:
         1. One space for each 400 square feet of floor area. Open sales or rental lots shall provide one space for each 3,500 square feet of land which is to be used for sales and display area
      10. Skating rinks, dance hall, public auction house, golf driving range, miniature golf, trampoline center, and similar uses:
          1. 15 spaces plus one additional space for each 300 square feet of floor area over 2,000 square feet
      11. Manufacturing, processing, fabrication:
          1. One space for each 350 square feet of floor area
      12. Wholesaling, warehousing and similar uses:
          1. One space for each 2,000 square feet of floor area, except that site plans for such uses shall show parking areas sufficient to meet a ratio of one space per 350 square feet in the event the use is changed in future
   4. Other Uses. As required by City Council.
   5. C3, Downtown Parking Requirement. In general, the above parking requirements shall be reduced by 75 percent when applied to uses within the C3 Downtown District. For example, a 6,000 square foot retail establishment would normally require 40 spaces, but would require 10 spaces if located in the Downtown District. The intent is to preserve the historic, compact, pedestrian oriented character of the present downtown to the extent possible. In the event of a sizable redevelopment project within the C3 District, parking spaces shall be provided as required by the City Council. Uses permitted in existing downtown buildings shall not be required to provide additional parking beyond that available on-site, but shall be subject to parking requirements in the event an existing building is expanded or a new building is proposed.

Adequate off-street loading space shall be provided in connection with any structure which requires receipt or distribution of materials by vehicles.

1. Location. All loading berths shall be 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not occupy any yard requirement bordering a street.
2. Size. Unless otherwise specified, the first berth required shall not be less than 12 feet in width and 50 feet in length. Additional berths shall not be less than 12 feet in width and 24 feet in length. All loading berths shall maintain a height of 14 feet or more.
3. Access. Each loading berth shall be located with appropriate means of access to a public street or alley in a manner which will least interfere with traffic.
4. Surfacing. All loading berths and accessways shall be improved with a durable, dust-free material.
5. Accessory Uses. Any area allocated as a required loading berth or access drive so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles nor be included as a part of the area necessary to meet the off-street parking area.

Land excavation is the removal of sand, dirt, gravel, rock, clay or similar earth material or unsuitable foundation material from the land. Land filling is the deposit of such earth material so as to raise existing surface grades. Grading is the movement of such earth material within a given site. For purpose of this section, it is assumed that a typical double-axle dump truck has a carrying capacity of approximately 14 “loose” cubic yards of earth material which is equivalent to about ten (10) compacted cubic yards.

1. Permits Required.
   1. Land excavation or filling in excess of 200 cubic yards but less than 2,000 cubic yards of material shall require a permit from the Zoning Administrator, after review and approval of the exhibits required hereunder by the City Engineer and after payment of a permit fee.
   2. Land excavation or filling in excess of 2,000 cubic yards of material shall require a Conditional Use Permit according to procedures outlined in CZO 15.08.070.
   3. Any material proposed to be deposited in the Floodway District other than filling small localized depressions for the purpose of landscaping, or the deposition of topsoil for the purposes of grading or landscaping, shall require a Conditional Use Permit and shall be subject to the standards for Floodway District uses contained in CZO 15.20.040.
2. Permit Exceptions. A permit under this section shall not be required for the following:
   1. Excavation or fills of less than 200 cubic yards of material.
   2. Construction of buildings for which a permit has been applied for and issued, provided the contemplated excavation or filling operation was sufficiently described at the time of building permit application.
   3. Excavation or fills associated with a development project on platted property which have commenced within two (2) years after an approved plat has been filed with Carver County.
   4. Excavation or fills by State, County or City authorities in connection with the construction or maintenance of roads, highways, parks or utilities or on slope or utility easements provided such activity is conducted within public rights-of-way or easements.
   5. Curb cuts, utility hook-ups or street openings for which another permit is required from the City.
   6. Any development for which a Conditional Use Permit has been approved and granted and a final grading plan approved as a part thereof.
3. Permit Application / Exhibits. Application for excavation and filling permits shall be made in writing on forms supplied by the City and shall be submitted to the Zoning Administrator for processing. Applications shall be filed jointly by the land owner and the earth-moving contractor. The following information and exhibits shall be submitted with the completed application form:
   1. A map showing existing conditions on the site and within 300 feet of the site including land ownership, structures, utilities, roadways, vegetation, drainage courses contour lines at two foot intervals, and other pertinent natural features, if required by Engineer or City Council.
   2. A plan for removal from or deposit upon subject property in accordance with provisions of this Ordinance, showing final topography indicated by contour lines at no greater interval than five (5) feet, steps to be taken to conserve topsoil, method of controlling erosion, anticipated future use of the property including location of future roads, drainage courses and other improvements.
   3. Identification of proposed truck hauling routes and method of controlling dust on-site and along haul routes.
   4. Hours and period of operation.
   5. Copies of any agreements contemplated or entered into between the owner of the property and any other person charged with performance of the earth work.
   6. A bond and/or other security naming the City as Obligee in an amount deemed adequate by the City Council.
4. Requirements. Issuance of a land excavation or filling permit shall be made subject to the following minimum requirements, and such other requirements as the City Council may specify to protect the public interest.
   1. Setback from Adjacent Property. All operations shall be conducted no closer than 100 feet to an adjacent property, unless under common lease or ownership, and no closer than 100 feet to any right-of-way line.
   2. Setback from Existing Structures / Public Uses. All operations shall be conducted no closer than 300 feet to an existing dwelling, school, hospital, or similar residential or public use. It shall be unlawful for any persons to dig and leave open, unfenced, unbarricaded or uncovered, any pit, quarry, hole, or excavation, including basements, wells, septic tanks, or cesspools.
   3. Restoration. At the end of excavation or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation.
   4. Finished Grades. Finished grades shall not adversely affect adjacent properties.
   5. Drainage. Drainage facilities shall be provided to effectively divert or convey storm water run-off.
   6. Fire / Rodent / Wind / Hauling Control. Provisions for effectively controlling fire, rodents, and dispersal of material by wind or by hauling to and from the site, and for general maintenance of the site shall be made.
   7. Permit Period. The excavation or filling permit shall run for one (1) year unless a lesser or greater period is specified by the City Council.
5. Review By City Engineer. In all cases, each application for permits for the above must be reviewed by the City Engineer before the permit is granted. Also, in all cases, the City Engineer has the right to review procedures, processes, and results in view of the operations to determine whether they are in accordance with general public welfare and safety through regular on-site inspections. The Engineer, upon determining the permittee’s operation creates a serious and immediate safety hazard, may order the operation ceased for a period of 72 hours. Upon so ordering, the Engineer shall immediately notify the Mayor and the permittee in writing of the hazard and the Mayor shall call a special meeting of the Council. The permittee shall be requested to attend this meeting. If the Council determines that an immediate safety hazard exists, the permit shall be withdrawn until the permittee complies with Council directives to eliminate the hazard.

All utility lines hereafter installed, constructed, or otherwise placed within the City of Chaska for electric, telephone, cable TV, or other like or similar services to serve residential, commercial, and industrial customers in newly platted areas, and which utilize metallic conductors to carry electric current, whether owned, installed, or constructed by the supplier, consumer, or any party shall be installed and placed underground in an approved, safe manner, subject only to the exceptions stated below.

1. Utility Companies. All companies installing and operating lines such as those described herein shall be referred to as “Utility Companies” for the purpose of this Section.
2. Exceptions To Application. The following exceptions to the strict applicability of this Section shall be allowed upon the conditions stated:
   1. Above-Ground Appurtenance Installations. Above-ground placement, construction, modification, or replacement of meters, gauges, transformers, street lighting, and service connection pedestals shall be allowed.
   2. Above-Ground Line (High Voltage) Installations. Above-ground placement, construction, modification, or replacement of those lines commonly referred to as “high voltage” transmission lines shall be allowed; or, where it is determined by the City that there is not an adequate “back-up” system or alternative system to serve customers in the event of disruption of the proposed underground line to be installed; provided, however, that 60 days prior to commencement of construction of such a project, the City Engineer shall be furnished notice of the proposed project and, upon request, the Utility Company involved shall furnish any relevant information regarding such project to the City Engineer.
   3. Above-Ground Line Installation - Residential / Commercial / Industrial. Above-ground placement, construction, modification, or replacement of lines shall be allowed in residential, commercial, and industrial areas where the City Council, following consideration and recommendation by the Planning Commission finds that underground placement is impractical or not technically feasible due to topographical, subsoil, or other existing conditions which adversely affect underground utility placement.
   4. Above-Ground - Temporary Service. Above-ground placement of temporary service line shall only be allowed:
      1. During the new construction of any project for a period of not to exceed 24 months;
      2. During an emergency to safeguard lives or property within the City of Chaska;
      3. For a period of not more than seven (7) months when soil makes excavation impractical.
3. Repair And Maintenance Of Existing Installations. Nothing in this Section shall be construed to prevent repair, maintenance, replacement, or modification of existing overhead utility lines.

1. Purpose And Intent. The city finds that Trees: produce oxygen, a necessary element for human survival; appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air breathed; considerable amounts of water each day, thereby purifying the air; participate in the natural process of neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers; through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control; are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and affect the desirability of land and its property values.
   
   Based on the foregoing findings, the city declares that it is desirable and essential to the health, safety, and welfare of the city to protect certain existing trees and plant materials, to require new and additional plant materials and trees, to prohibit the planting of certain species and to require the maintenance of plant materials and trees as set forth in this subdivision.
   (Ord. No. 849, 5/16/2011)
2. Landscape Plan Required. In every case where landscaping is required by provision of this Ordinance or by an approval granted by the City, for a building or structure to be constructed on any property, the applicant for the building permit shall submit a landscape plan prepared by a landscape architect, nursery designer or other qualified person in accordance with the provisions of this section. The Landscape Plan shall include the following information:
   1. General. Name and address of developer/owner; name and address of landscape architect, designer; date of plan preparation; date and description of all revisions; name of project or development.
   2. Site Plan. A scale drawing of the site based upon a survey of property lines with indication of scale and north point; name and right-of-way of proposed and existing streets; location of all proposed utility easements and right’s-of-way; location of existing and proposed buildings; parking areas; water bodies; proposed sidewalks; percent of site not covered by impervious surface, and proposed snow storage areas.
   3. Tree Survey. A tree survey of all sites (requesting platting or site plan approval) shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the city. This survey shall include the species, DBH size, condition, location of all overstory trees over six (6) inches in diameter and all evergreen trees over six (6) feet in height and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number on the survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified.
   4. Landscape Plan. A scale drawing of proposed landscaping for the site based upon a survey of property lines with indication of scale and North point; existing and proposed topographic contours at two foot contour intervals; details of proposed planting beds and foundation plantings; delineation of both sodded and seeded area; location and identification of proposed landscape or man-made materials used to provide screening from adjacent and neighboring properties, including a separate cross-section drawing at legible scale illustrating the effectiveness of proposed screening; location and identification of all planting (trees, shrubs, flowers, ground cover, etc.); details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, location of landscape islands and planter beds with identification of plant materials used; and location and details of irrigation systems.
   5. Planting Schedule. A table containing the common names and botanical names, size of plant materials, root specifications, quantities, and special planting instructions.
      (Ord. No. 849, 5/16/2011)
3. General Requirements.
   1. All Districts. All open areas of developed lots which are not devoted to off-street parking, loading and driving areas, sidewalks, patios, gardens and similar uses, shall be landscaped with grass, ground cover, trees, shrubs or other ornamental landscape material. Undisturbed areas containing existing viable natural vegetation may be left in their natural state but shall be kept free of litter, debris, and noxious or unsightly weeds.
   2. Sodding, Seeding and Ground Cover. In developed areas, sod shall be required within street boulevards and within front and side yards which have been disturbed, and within all yards adjacent to collector and arterial streets. Seeding or other acceptable ground cover shall be required in rear yards, and may be permitted in front and side yards if a lawn acceptable to the City can be established in one growing season. Seeding may be permitted in future expansion areas shown on approved plans.
   3. Slopes and Berms. The maximum gradient of final slopes and berms shall not exceed a 4:1 horizontal to vertical ratio unless approved by the City Engineer. In such case, the use of special measures such as special seed mixtures or reforestation, terracing or retaining walls may be required. The intent is to prevent soil erosion and provide for reasonably convenient maintenance practices.
   4. Plant Material Requirements. All trees, shrubs and ground covers shall meet the standards put forth by the American Standard for Nursery Stock, ANSI Z60.1-2004.
   5. Minimum Size of Required Trees or Shrubs.
      
      

      Overstory Deciduous Trees	2 1/2” diameter
      Understory Deciduous Trees	2” diameter
      Coniferous Trees	6 feet tall
      Major Shrub Planting	5 gallons

   6. Method of Installation. All tree, shrub and ground cover shall be in accordance with the standards for installation set by the American Nurseryman’s Association standards.
   7. Placement of Plant Materials. At each street entrance a vision clearance sight triangle must remain free of any planting over two and one-half (2-1/2) feet at maturity. This site triangle ensures unobstructed site lines for pedestrian and vehicular circulation. The vision clearance site triangle is formed by the two (2) curb lines or property lines (whichever is greater) and a third straight line joining points on such curb lines or property lines (whichever is greater) 30 feet from their intersection at the street corner. This area shall be clearly indicated on the landscape plan.
   8. Responsibility. The Developer shall be responsible for installation of required trees and plant materials unless there is no Developer involved in which case the property owner shall be responsible. The property owner shall be responsible for replacement of any dead trees, shrubs, ground cover and sod required by this section, and shall maintain all materials in a sightly and healthy growing condition without cost to the City.
   9. Species.
      1. All required overstory trees shall be comprised of species which are classified as overstory trees by the American Nurseryman’s Association. Trees which are considered as half trees, shrubs, understory trees or ornamental trees shall not be included in the count of required overstory trees;
      2. No more than 50 percent of the required number of overstory trees shall be composed of one species;
      3. Native overstory plant materials are preferred. If non-native plants materials are to be used, then a thorough written description by the landscape architect should be provided explaining the rational on why an indigenous plant material would not work in that location.
      4. Plant material shall be selected for seasonal interest in its structure, texture, color (ie., annual flower beds as foundational elements or near main entrances, flowering trees and shrubs, and vegetation picked for falls or winter colors), and for its ultimate growth size.
      5. Required overstory trees shall not include:
         1. All species of the genus Ulmus (elm);
         2. Box elder, cottonwood (male only);
         3. All species of the genus Populous (poplar);
         4. Green Ash; or
         5. Ginko (female only).
   10. The landscaping required by this Section shall be installed to the satisfaction of the City within one growing season of building completion or occupancy, whichever is first.
   11. All properties shall have adequate exterior water sources (spigots) to insure that plant materials can be maintained. Multi-family, Public, Commercial, and Industrial Uses shall require the installation of underground irrigation to all landscape areas.
       (Ord. No. 849, 5/16/2011)
4. Requirements For One And Two Family Residential Subdivisions.
   1. Tree Planting.
      1. In addition to general requirements for landscaping in all districts as set forth in paragraph C, all new subdivisions shall be required to provide, at the Developer’s expense, one overstory deciduous trees per every fifty (50) feet along public streets, on each side, minimum 2-½ inch caliper. The trees may be distributed throughout the subdivision and need not necessarily be spaced fifty (50) feet apart. Such required trees shall be planted within six (6) months of home occupancy. Credit for preservation of existing trees may be given as determined by the Community Development Department.
      2. Where practical, planted earth berms shall be provided along all collector and arterial streets to minimize negative impacts upon residential properties from adjacent high traffic volumes. Plant material shall consist of tree and shrub types which most effectively provide a visual screen as determined by the Community Development Department.
         (Ord. No. 849, 5/16/2011)
5. Requirements For Commercial, Industrial, Public And Multiple Family Areas. In developed areas other than one and two family lots, the following shall be required:
   1. Total Caliper Inches of Overstory Trees Required. In order to achieve landscaping which is appropriate in scale with the size of a building site, the minimum number of caliper inches of overstory trees required shall be determined by dividing the total gross square footage of all floors of a building by 320. A single-story building in excess of twenty-four (24) feet in height shall be considered a two-story building for the purposes of determining its total gross square footage. A mixture of plant material sizes shall be required as follows:
      
      

      MINIMUM OVERSTORY TREE SIZE (In Caliper Inches)
      Building Heights (In Stories)	2.5	3.0	3.5	4.0	4.5	5.0
      1	70%	10%	10%	10%	-	-
      2	60%	10%	10%	10%	10%	-
      3	50%	10%	10%	10%	10%	10%
      4	40%	20%	10%	10%	10%	10%
      5	30%	20%	20%	10%	10%	10%
      5+ Stories	20%	20%	20%	20%	10%	10%

      For the purpose of satisfying the total caliper inch requirement, coniferous trees can be considered equivalent to overstory trees by dividing the height of a coniferous tree’s six (6) foot height minimum by 2.4 to determine equivalent caliper inches.
      
      Note: When determination of height results in a fractional foot, any fraction of 0.5 or less may be disregarded; a fraction in excess of 0.5 shall be counted as one foot.
   2. Understory Trees and Shrubs. In addition to the required number of overstory trees listed above, a full complement of understory trees and shrubs shall be provided to complete a quality landscape treatment of the site. A minimum number of understory trees and shrubs are required as follows:
      1. The number of understory trees shall be equal to twenty-five (25) percent of the required number of overstory trees; and
      2. The number of shrubs shall be equal to one (1) shrub per thirty (30) feet of site perimeter or one (1) shrub per three-hundred (300) square feet of building footprint, whichever is greater.
   3. Credit for Existing Trees. Sites containing significant existing trees which will be retained may be given a credit against the caliper inch requirements listed above. Significant trees are defined as coniferous trees twelve (12) feet or more in height, overstory deciduous trees ten (10) inches or more in diameter, or understory deciduous trees six (6) inches or more in diameter. Examples of acceptable overstory trees are oak, maple, basswood, etc. Examples of acceptable understory trees are crabapple, Russian olive, river birch, and amur maple. The amount of credit will be based upon location and size as determined by the Community Development Department. Credit shall not be given for dead, diseased or damaged trees.
   4. Planting Islands. All open parking lots containing twenty-five (25) or more vehicular parking spaces, shall provide at least ten (10) percent of the hard surface area of the parking lot and driveways to the right-of-way for landscaped planting islands. Applicants shall provide a table demonstrating compliance with this requirement.
      
      Parking lot islands shall be landscaped with appropriate overstory trees and shrubs or flowers. These islands shall be sized to accommodate the anticipated canopy size of the trees (at maturity) contained within them.
      
      The inside width, behind the curb in landscape islands or peninsulas, shall be a minimum of ten (10) feet.
      
      All landscaped areas shall be protected by concrete curbing.
      
      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.
      
      Installation of irrigation systems shall be required to assure continued maintenance and health of plant material.
6. Screening.
   1. Screening Required.
      1. Off-street open parking areas containing six (6) or more spaces, and all loading facilities shall be screened from public streets which afford an unobstructed view of the parking or loading area, and from adjacent properties zoned or developed for residential or public use. Height of screening shall be at least four (4) feet but no more than six (6) feet above level of parking lot, and shall be ten (10) feet above the loading facility. Minimum opacity shall be 75 percent year round.
      2. Outdoor storage areas permitted in the I-Industrial District shall be screened by fences subject to the provision of CZO 15.28.210 paragraph D,1.
   2. Materials. Required screening may be achieved with any combination of the following: earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge. In general, plant materials are preferred as opposed to walls and fences. If walls and fences are used, they shall be subject to the provisions of CZO 15.28.210 paragraph D,1,b.
   3. Location. Required screening shall be located at the same lot as the facility to be screened. It shall not be located within street rights-of-way, nor within 15 feet of any street or driveway opening onto a street.
7. Landscape Guarantee. Financial security shall be provided as required by CZO 15.08.040 paragraph D,3 in order to guarantee the installation and vigorous growing condition of all landscape elements and screening required herein. Said security shall remain in effect for two full growing seasons. The two year guarantee for plant material installed after June 1 shall commence the following year. Lots provided with an irrigation system covering 100% of the area improved with landscaping need provide security for only one growing season.
   (Ord. No. 849, 5/16/2011)
   

In the development, improvement, excavation or alteration of land, surface runoff is subject to water quality and quantity controls established by Chaska and other regulatory agencies. Said runoff shall be properly channeled into storm drains, a water course, ponding area or other public drainage facility in accordance with an approved plan. This plan shall also provide for erosion and sediment control before, during and after construction until the soil and slopes are stabilized with permanent cover. These control measures shall be maintained until site stabilization occurs.

Plans for activities noted above shall be approved by the City prior to the start of construction. All plans shall be in compliance with standards, policies, and provisions of the most recent version of the following documents as appropriate:

1. The Hazeltine/Bavaria Watershed Management Plan;
2. Chaska Stormwater Management Plan;
3. Chaska Stormwater Quality Management Plan;
4. National Urban Runoff Program (NURP) Standards;
5. MPCA “Protecting Water Quality in Urban Areas”.

1. Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. Traffic into and out of all commercial and industrial areas or uses shall in all cases be forward moving with no backing onto streets or pedestrian ways. No access drive to any lot shall be located within 30 feet of any two intersecting street right-of-way lines.
2. Access Control. Minimum spacing between access points (public or private streets or driveways) to principal roadways shall be regulated by the spacing standards contained in the Chaska Comprehensive Plan.
   (Ord. No. 644, 10/19/98)
   

In addition to yard setbacks established in CZO 15.12.200, the following specific setbacks shall apply:

1. Setback From Principal Roadway. No building shall be located closer to the centerline of a public road than as established below:
   
   

   Trunk Highway 41	- 150 feet each side, north of Pioneer Trail - 100 feet each side, between Pioneer Trail and Engler Boulevard - 75 feet each side, between Engler Boulevard and existing Highway 212 - None, between existing Highway 212 and the Minnesota River
   CR 61 (Chaska Blvd)	- 150 feet each side, except between Crosstown Boulevard and Creek Road (CSAH 110) where the setback shall be 100 feet each side
   Minor Arterial	- 125 feet each side (Audubon Road north of existing Highway 212 [County Road 17]) (Engler Boulevard [County Road 10]) (Lyman Boulevard [County Road 18]) (Pioneer Trail [County Road 14]) (Bavaria Road north of Pioneer Trail) (CR 140 from CR 61 to CR 11)
   Collector (Major)	- 100 feet each side (Bavaria Road south of Pioneer Trail) (Audubon Road south of existing Highway 212) (Hundertmark Road) (McKnight Road) (Stoughton Avenue) (Village Road)

   Setbacks for attached decks shall be ten (10) feet less than the requirement for buildings.
   
   Off-street parking and driving areas shall be set back ninety (90) feet from the centerline of Trunk Highway 41, from Woodland Drive to the north City limits.
2. Setback From Railroads. Building setbacks from railroad right’s-of-way (including rails-trails right’s-of-way) shall be fifty (50) feet for principal buildings and twenty (20) feet for accessory structures.
3. Setback From Steep Slopes. Wooded land with an eighteen (18) percent slope or greater shall be preserved in its natural state for environmental value, particularly to deter soil erosion on the steep slopes/ravines and protect natural wildlife habitat areas. In addition, buildings (except for residential decks as regulated in CZO 15.12.200 paragraph J) and parking shall be set back at least fifty (50) feet from the edge of the eighteen (18) percent slope and a thirty (30) foot “no-grade/mow” zone provided for adjacent to the edge of the eighteen (18) percent slope for purposes of erosion control. The point of measurement shall be where slopes of eighteen (18) percent or greater exist. No building or structures shall be constructed on wooded slopes of eighteen (18) percent or more in grade.
4. Setback From Public Open Space. Buildings shall be set back a minimum of forty (40) feet from a public park and open space property lines. Such setback may be thirty (30) feet for single family dwellings with side yards adjacent to public open space used solely as a community trail. The setback area shall be considered a vegetative buffer zone within which natural vegetation or customary yard planting and landscaping is permitted. Garden areas and customary private recreational facilities are all permitted.
5. Space Between Buildings. In cases where several buildings might be constructed on one lot of record excluding residential lots, the minimum space between such buildings shall be no less than a distance equal to one-half the building height of the two buildings involved or as required by the Uniform Building Code, whichever is greater. This provision shall not apply within Planned Development Districts.
6. Retaining Walls. A green space shall be provided adjacent to the top of all retaining walls that is one-half (1/2) the height of that section of wall (i.e., if a section of retaining wall is ten (10) feet in height, then a green space setback of five (5) feet would be required for that section from the top of the wall). The maximum horizontal run of a section of retaining wall with a given height shall not exceed twice the height of that wall section before said height is required to change by a minimum of thirty (30) percent (i.e., if a section of retaining wall is ten (10) feet in height, then the maximum horizontal run of that section of wall would be twenty (20) feet before that height would need to be changed by a minimum of thirty (30) percent).

1. Exterior Storage. In Residential Districts, all materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying and recreational equipment; construction materials, machinery and equipment currently being used on the premises; landscaping and agricultural equipment and machinery currently being used or intended for use on the premises; trash and garbage receptacles; and off-street parking as regulated by CZO 15.28.030.
   1. Storage Trailers Prohibited. The use of truck trailers for the permanent or temporary storage of materials and products for more than seven (7) calendar days shall be prohibited except when fully screened from public view or enclosed within a building.
2. Screening.
   1. Commercial/Industrial, and also Residential in Excess of Six Spaces. Screening may be required in cases where commercial or industrial uses are adjacent to or across the street from property zoned or developed for residential or public use. Screening may also be required in Residential Districts for any off-street parking area containing more than six (6) parking spaces.
   2. Screening Material/Heights/Landscaping. The screening required herein shall consist of a fence or wall subject to the provision of CZO 15.28.210 paragraph D,2.
      

The purpose of this section is to assure that buildings in more intensely developed areas of Chaska will be of high quality in both visual and functional terms. To that end, this Section identifies permitted building materials which are durable and long-lasting and which generally present a more attractive visual appearance than less durable materials.
(Ord. No. 629, Sec. 1, 11/17/97)

1. Application. The provisions of this Section shall apply to all new structures including additions or remodelings and to all new developments within areas zoned for multifamily residential, public, commercial, and industrial use within the City of Chaska. (Ord. No. 629, Sec. 1, 11/17/97)
2. Required Exhibits. All applications for a building permit for any multifamily residential, public, commercial, or industrial building, in addition to other information required by applicable laws or regulations, shall include two copies of the following: (Ord. No. 629, Sec. 1, 11/17/97)
   1. Unplatted Property. If a property is unplatted, a registered surveyor must prepare and provide a boundary survey of an area including the property in question and 100 feet beyond its outer boundaries. The survey must show existing property lines and dimensions, platting and easements, buildings, street and railroad rights-of-way, utilities, topography, waterways, and ownership of all parcels. Vegetation and soil borings shall be included.
   2. Site Plan. Site plan indicating location, size and placement of proposed structures and yards, parking and loading facilities, fire lanes, vehicular ingress and egress, pedestrian walkways, landscaping, utilities and grading, if pertinent. The landscape plan shall specify species.
   3. Exterior Elevation. Exterior elevation drawings of the proposed structure which will accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials to be used. Construction plans, to include foundation data, shall be required for review by the City building inspector prior to final approval of building permit.
      
      The information and submittals required by this paragraph or other applicable laws or regulations will be the basis for building permit approval and may be relied upon therefore by City staff, Planning Commission and City Council.
3. Architectural Design / Compatibility.
   1. The exterior architectural appearance of the proposed structure shall not be so at variance with the exterior architectural appearance of existing structures within the immediate area, or with the intended character of the applicable zoning districts, taking into consideration building materials, size, shape and heights, so as to cause an adverse impact upon property values in the immediate area, or the City as a whole, or adversely affect the public health, safety and general welfare of the portion of the City in which the property is located, or the City as a whole; (Ord. No. 629, Sec. 1, 11/17/97)
   2. All additions or remodeling shall be compatible in scale, material and massing; (Ord. No. 629, Sec. 1, 11/17/97)
4. Permitted Materials - Commercial, Industrial, Public & Institutional. Exterior surface materials of buildings (Office, Commercial, Industrial, Public and Institutional) shall be subject to the following:
   1. For the purpose of this paragraph, materials shall be divided into Class I; Class II; and Class III categories as follows:
      
      Class I are:
      1. Brick-modular;
      2. Natural Stone;
      3. Glass;
      4. Copper;
      5. Other comparable or superior materials, as determined by the City Council.
      Class II are:
      1. Brick-utility;
      2. Cast stone;
      3. Specialty concrete block such as textured, burnished block or rock faced block;
      4. Architecturally textured precast concrete panels (except raked finish);
      5. Masonry stucco/Exterior finish insulation systems (EFIS);
      6. Other comparable or superior materials, as determined by the City Council.
      Class III are:
      1. Smooth Precast Panels;
      2. Opaque panels;
      3. Smooth scored concrete block;
      4. Ceramic finished concrete block;
      5. Glass block;
      6. Wood;
      7. Other comparable for superior materials, as determined by the City Council.
   2. Buildings shall incorporate classes of materials in the following matter:
      1. Office, Commercial, Public and Institutional buildings shall use at least three (3) Class I materials and shall be composed of at least seventy (70) percent Class I materials and shall not exceed thirty (30) percent Class II or Class III materials.
      2. Industrial and warehouse buildings shall use at least two (2) different Class I materials and shall be composed of at least thirty (30) percent Class I material, and at least one (1) Class II materials and be composed of at least thirty (30) percent Class II materials; and not more than forty (40) percent of Class III materials.
      3. Buildings in nonresidential zoning districts that are not office, commercial, industrial or warehouse uses shall conform to the exterior finish materials and proportions of office or commercial buildings unless otherwise approved by the City Council as meeting the purpose of this division.
      4. The use of Class II or III materials shall be distributed throughout the exterior of a building unless the City agrees that materials consolidated on more visible locations provides the most positive architectural appeal to the general public.
      5. A distinctively different color of brick may be considered as a second Class I material. However, minor blended color variations shall not be considered as a separate material.
      6. To be counted as a primary material, the product must comprise at least five (5) percent of the exterior wall.
   3. Buildings may be constructed primarily of one (1) specific Class 1 materials provided the design is obviously superior to the general intent of this division, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest.
   4. Applicants shall provide a table demonstrating compliance with the requirements of paragraph D.
   5. Garage doors, window trim, flashing accent items and the like, shall not constitute required materials that make up the exterior of a building.
   6. Garish or bright accent colors (i.e. orange, bright yellow, or fluorescent colors) for such buildings as cloth or metal awnings, trim, banding, walls, entries or any portion of the building shall be minimized, but in no case shall such coloring exceed five (5) percent of each wall area.
   7. Brick or stone exteriors shall not be painted at anytime.
   8. Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors, and the like that protrudes from a side of a building or is located on the ground adjacent to a building shall be screened from public view as much as practical with materials matching the design of the building. Where miscellaneous exterior equipment cannot be fully screened with matching building materials, landscaping, berming may be used as additional screening.
   9. Pre-engineered metal buildings of any kind are prohibited.
5. Permitted Materials - Multi-Family Residential. Exterior surface materials of multi-family buildings (for the purpose of this section and paragraph F multi-family buildings shall be defined as “a place of living that is designed as a communal system, or configuration with an internal spine/corridor that connects the living units”) shall be subject to the following:
   1. For the purpose of this paragraph, materials shall be divided into Class I; Class II; and Class III categories as follows:
      
      Class I are:
      1. Brick-modular;
      2. Natural Stone;
      3. Glass;
      4. LP Smartside/Cementitious/Hardi Board; lap siding (max width exposure of 5”)
      5. Copper
      6. Other comparable or superior materials, as determined by the City Council.
      Class II are:
      1. Brick-utility;
      2. Cast stone;
      3. Specialty concrete block such as textured, burnished block or rock faced block;
      4. Architecturally textured precast concrete panels (except raked finish);
      5. Masonry stucco/Exterior finish insulation systems (EFIS); (to be used on 2nd story or above)
      6. Other comparable or superior materials, as determined by the City Council.
      Class III are:
      1. Ceramic finished concrete block;
      2. Glass block;
      3. Wood;
      4. Vinyl (to be used on 2nd story or above)
      5. Other comparable for superior materials, as determined by the City Council.
   2. Buildings shall incorporate classes of materials in the following matter:
      1. Multi-family buildings shall use at least three (3) Class I materials and shall be composed of at least eighty (80) percent Class I materials, and no more than five (5) percent Class III materials.
      2. The use of all classes of materials shall be distributed on the building in a manner that creates articulation on all sides with the purpose of achieving 360 degree architecture.
      3. A distinctively different color of brick may be considered as a second Class I material. However, minor blended color variations shall not be considered as a separate material.
      4. To be counted as a primary material, the product must comprise at least five (5) percent of the exterior wall.
   3. Buildings may be constructed primarily of one (1) specific Class 1 materials provided the design is obviously superior to the general intent of this division, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest.
   4. Applicants shall provide a table demonstrating compliance with the requirements of paragraph E.
   5. Garage doors, window trim, flashing accent items and the like, shall not constitute required materials that make up the exterior of a building.
   6. Minimum of 4” window trim will be required (only on portions using LP smartside, wood, or vinyl)
   7. Garish or bright accent colors (i.e. orange, bright yellow, or fluorescent colors) for such buildings as cloth or metal awnings, trim, banding, walls, entries or any portion of the building shall be minimized, but in no case shall such coloring exceed five (5) percent of each wall area.
   8. Brick or stone exteriors shall not be painted at anytime.
   9. Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors, and the like that protrudes from a side of a building or is located on the ground adjacent to a building shall be screened from public view as much as practical with materials matching the design of the building. Where miscellaneous exterior equipment cannot be fully screened with matching building materials, landscaping, berming may be used as additional screening.
   10. Pre-engineered metal buildings of any kind are prohibited.
   11. Multi-family residential buildings located in the historic downtown district (bounded by the Minnesota River (south), Woodland Drive (north), properties on the east side of Walnut Street (east), and properties on the west side of Pine Street (west)) will be subject to their own material regulations as determined by the Planning Department. The materials used shall be complementary, and not obtrusive, to historic downtown.
6. Site Design - Multi-Family Residential. Site design for multi-family residential buildings shall be subject to the following:
   1. Usable Open Space.
      1. Sufficient, usable open space (for the purpose of this section shall be defined as “a portion of a lot which provides the purpose for outdoor recreation, scenic amenity, and/or shared exterior space for people to gather and use”) shall be provided for multi-family residential building sites, and shall be subject to these requirements:
         1. A minimum of 15% of the gross site area shall be shared open space for sites 43,560 square feet (1 acre) and above in gross site area; the minimum dimensions for such open spaces shall be 75 feet in length and 75’ in width.
         2. For sites under 43,560 square feet (1 acre) in gross site area, a minimum of 10% of the gross site area shall be shared open space but in no case be less than 2,500 square feet in size; the minimum dimensions for such open spaces shall be 50 feet in length and 50’ in width.
         3. Shall be easily accessible for all units.
         4. Shall be designed to be visually pleasing and harmonious with the site. Excessive pavement or impermeable ground cover is discouraged.
         5. Active recreational areas (ie. playgrounds or dog parks) for the general public, children and/or pets in appropriate projects (ie. family-oriented versus senior facilities) are encouraged.
         6. The following areas shall not contribute to the calculation of usable open space:
            1. Driveways and parking areas
            2. Refuse or mechanical equipment storage areas
            3. Large areas of pavement with no direct recreational function.
            4. Storm water ponds
            5. Wooded steep slopes, or ravines
            6. Wetlands
         7. Applicants shall provide a table demonstrating compliance with the requirements listed in paragraph F,1,a,(1) - F,1,a,(6).
      2. Buildings shall be organized in relation to open spaces to create a balance of usable open space and efficient circulation and parking. This standard shall not override the establishment of an orderly, positive, and urban character of the relationship of buildings to streets.
      3. For buildings with long frontages, open space and/or courtyards should be visible from the street to break up the massing.
   2. Building Design.
      1. Buildings should reduce the scale of longer facades, long and straight roof lines, or long horizontal expressions, by use of divisions or breaks in materials, or by use of these design strategies:
         1. Window bays, dormers, and/or balconies
         2. Variations in roof lines, roof pitches, or parapet detailing
         3. Building setbacks or articulation of the façade
      2. Parking garages and/or other ancillary structures shall be designed so as to not detract from, or dominate, the architecture of the building(s) and/or site. They shall either be located below grade or located in an area with low visibility from the street.
      3. All detached garages and/or other ancillary structures shall be located in an area on the site that does not block the street view of the principal building and shall be designed to match the quality and appearance of the principal building.
      4. Functional elements incidental to multi-family residential projects, such as gutters, dish antennas, solar panels, or A/C units, shall be designed and/or placed so as to not detract from, or dominate, the architecture of the building(s). They shall be integrated into the architecture in a non- obtrusive way.
   3. Landscaping.
      1. Shall be utilized and placed to break up, or reduce, continuous pavement and provide a visually pleasing environment that enhances the site and building(s).
      2. Shall comply with CZO 15.28.070 Landscaping in City Code.
7. Prohibited Materials.
   1. Face materials which rapidly deteriorate or become unsightly such as galvanized metal, unfinished structural clay tile, and metal panels not factory finished with a permanent surface;
   2. Buildings comprised exclusively of metal;
   3. Buildings where wood poles or timbers are the primary support for the roof system and form the foundation structure, provided that wood foundations shall be permissible (such as pole buildings);
   4. Sheet metal, plastic or fiberglass siding, unless such siding is a component of a factory fabricated and finished panel.
8. Screening Of Mechanical Equipment.
   1. The intent of this section is to promote consistent and high standards of design and construction for the commercial, industrial, public and institutional uses in the city. These standards are set forth in order to enhance the visual appearance of the commercial, industrial, public and institutional areas within the city by ensuring high quality of development, redevelopment and compatibility with evolving architectural or planning themes that contribute to a community image of quality.
   2. General requirements. The following requirements apply to all building and ground mounted mechanical equipment:
      1. All mechanical equipment shall be designed and located so as not to disrupt or detract from the visual theme and appearance of the subject building.
      2. All mechanical equipment, whether located on a roof, side of a structure, or on the ground, shall be entirely screened from public view and from the ground level of any adjacent property or street that is of equal grade with the subject building.
      3. Prior to any building construction or the issuance of a building or mechanical permit, all mechanical equipment and proposed screening shall be depicted on the building’s site plan and/or building elevation drawings.
      4. Screening and finishes shall be kept in a state of good repair and condition.
      5. All building mounted equipment on new buildings or newly located equipment on existing buildings shall be set back from the edge of the roof a minimum of twenty (20) feet.
      6. All existing mechanical equipment shall be identified on a proposed site plan.
   3. Requirements for new constructions or major remodels. The following additional requirements shall apply to mechanical equipment installed with any new construction, or major remodel of existing structures:
      1. Where fifty (50) percent or more of a building’s long side or front façade area, whichever is longest, is resurfaced with new exterior materials; or fifty (50) percent or more linear feet of the roofline is altered; or the roofline of any endcap of multitenant commercial building is altered, the following requirement shall apply:
         1. A parapet wall at least thirty (30) inches in height as measured from the roof line shall be constructed on the perimeter of the roof.
         2. A physical screen shall be used in combination with the parapet wall if all of the mechanical equipment cannot be fully screened by a parapet design.
      2. When forty-five (45) percent or more of the existing exterior mechanical equipment serving any structure is replaced at one time, a parapet wall or physical screen shall be used to fully screen all new and existing mechanical equipment.
      3. When circumstances exist for a new construction of a major remodel that trigger both of the requirements of this paragraph, the requirements set forth above which will most completely screen mechanical equipment shall apply.
   4. Requirements for replacement and retrofit of equipment. When the existing mechanical equipment is replaced or new equipment is installed and associated with improvements or retrofits, the new or replaced mechanical unit associated with an existing principal structure that is not fully screened from public view may be painted as an alternative to screening to the meet the intent of this ordinance. Painting of mechanical units shall meet the following requirements:
      1. Paint color shall earth tones and be compatible with existing trim or siding color on the principal structure.
      2. Paint color shall be consistent with other painted equipment complying with the requirements and intent of this section.
      3. Paint shall be durable and applied with an even and professional appearance.
   5. Physical screening requirements. For purposes of this section, a physical screen shall be defined as a separate screening structure that surrounds a mechanical unit(s) and screen it from public view. When physical screening is required, the following shall apply:
      1. The physical screen shall be visually integrated with the principal structure in terms of materials, color, shape and size. Where individual tenant equipment is provided, a continuous screen is required.
      2. Screening material consisting of wood is not integrated architecturally with the building, unless the building’s exterior surface material consists of seventy-five (75) percent or more of wood.
      3. All screening material shall be at least as tall as the mechanical equipment itself and extend down to the top of the roof, unless a sight line analysis is provided that shows compliance with this section.
   6. Ground mounted mechanical equipment.
      1. Ground mounted mechanical equipment shall be fully screened by either a masonry wall or opaque landscaping.
      2. All landscaping screens must consist of plant materials that remain fully opaque year-round.
      3. Masonry walls shall be constructed of the same material and shall be the same color as the principal structure’s building surface material.
   7. Exemptions. Notwithstanding any other provisions of this section, the following mechanical equipment is exempt from the provision of this section.
      1. All roof mounted mechanical equipment under eight inches in diameter.
      2. Certain painted or metallic finishes and unit shapes that are determined by the city to meet the intent and purpose of this article.
9. Enclosure Of Trash And Recyclables Containers. All trash and recyclable containers stored outside for Multi-family, Public, Commercial, Office, Industrial, and Institutional uses shall be stored within an enclosure subject to the following standards:
   1. The enclosure shall have an impermeable floor surface.
   2. The enclosure shall satisfy principal structure setback requirements for the applicable zoning district in which it is located.
   3. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least ninety (90) percent opacity.
   4. The enclosure shall be of sufficient size to enclose all trash and recyclable containers and shall be not less than six (6) feet and not more than ten (10) feet in height.

Pole buildings shall be permitted only within the R-Rural and the RR2-Rural Residential Districts. Pole buildings shall be defined as buildings where wood poles or timbers are the primary support for the roof system and form the foundation structure.

In all zoning districts which permit one and two family dwellings, the following standards shall apply to such dwellings in addition to other requirements contained in this Ordinance.

1. Requirements / Uniform Building Code. All one and two family dwellings shall meet applicable requirements of the Uniform Building Code which has been adopted by reference by the City of Chaska.
2. Minimum Dimension / Basic Dwelling. All one and two family dwellings shall meet applicable requirements of the Uniform Building Code which has been adopted by reference by the City of Chaska.
3. Uniform Building Code Compliance. All one and two family dwellings shall be originally designed for placement on permanent foundation complying with the Uniform Building Code.
4. Dwelling Below Ground Level. No interior space below ground level shall be occupied for dwelling purposes unless such space is a part of a structure having at least a portion of one story exposed and having its exterior portion in a structurally finished state. This provision shall not apply to earth sheltered construction as defined herein.
5. Tents. No tents shall be erected, maintained or used in any residential district unless the owners or occupants of the premises where the tent is to be placed intend to use the tent for members of their household on a temporary basis such as children camping out overnight. (Ord. No. 849, 5/16/2011)

1. Intent. It is the intent of this Section to provide for those customary home occupations which will not be detrimental to the desired low intensity residential environment.
   (Ord. No. 607, Sec. 1, 9/23/96)
2. Permitted Home Occupations / Conditions. Customary home occupations as defined herein shall be permitted within the Rural, Residential and Open Districts of the City of Chaska, provided that:
   1. No more than 25 percent of the gross floor area of the residence is used for such occupation;
   2. Only persons residing in the residence shall be engaged in such occupation;
   3. Only articles made or originating on the premises shall be sold on the premises unless such articles are incidental to a permitted commercial service;
   4. There shall be no exterior evidence of the occupation including:
      1. No exterior display of articles for sale;
      2. No sign except as permitted for a dwelling in CZO 15.32.030 paragraph A,1;
      3. No exterior storage of materials used in the home occupation.
   5. No mechanical or electrical equipment is used if the operation of such equipment interferes with the desired quiet residential environment of the neighborhood;
   6. No truck over one ton GW or similar vehicle used in conjunction with a home occupation shall be parked unhoused upon a residential lot;
   7. The amount of customer traffic does not detract from the residential character of the neighborhood.
      

1. Purpose and Intent. The purpose of this article is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the city. The city finds it necessary to adopt standards and regulations that promote the public health, safety and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The council finds that these regulations are necessary to:
   1. Establish standards, which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the city;
   2. Ensure that wireless telecommunication services are designed, constructed, installed and maintained in a manner that does not adversely impact public safety;
   3. Maximize the use of existing and approved towers, poles and buildings to accommodate new telecommunication facilities in order to reduce the number of wireless telecommunication facilities needed to serve the community; and
   4. Minimize adverse visual effects of wireless telecommunication services through careful design and siting standards, which attempt to screen and/or camouflage towers and antennas from adjacent public and private property.
2. Findings. The city finds it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of wireless telecommunication facilities be controlled. Further, the city finds that:
   1. Wireless Telecommunication Services have a direct impact on, and a relationship to, the image of the community;
   2. The manner of installation, location and maintenance of wireless telecommunication services affects the public health, safety, welfare and aesthetics of the community;
   3. A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs; and
   4. Uncontrolled and unlimited wireless telecommunication services adversely impact the image and aesthetics of the community and thereby undermine economic value and growth.
   5. For the purpose of this Ordinance, “residential district” and “residential zoned property” includes the following zone districts: Rural (R); Rural Residential (RR1) and (RR2); Low Density Residential (R1), (R1A), (R1B); Medium Density Residential (R2); Multiple Family Residential (R3); Planned Residential District (PRD); Planned Residential- Lakeshore (PRD-R-LS); Planned Multi-Use District (PMD); and Open (O).
   6. For the purpose of this Ordinance, “historic district” includes the following zone districts: Historic Downtown Commercial (C-3).
   7. For the purpose of this Ordinance, “Wireless Telecommunication Services” means antennas, accessory equipment (i.e., wires, cables, boxes, pads, power supplies, etc.,), poles, and towers.
      (Ord. 941, adopted Dec. 18th, 2017)
3. Building Permits.
   1. It shall be unlawful for any person, firm or corporation to erect, construct, replace, re-erect or repair any tower without first making application for and securing a building permit as provided in this article.
   2. The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Ordinance requirements.
   3. Permits are not required for:
      1. Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.
      2. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pickup operations, provided that the antennas or towers are not located on public rights-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pickup operations shall be removed within 72 hours following installation.
4. Height restrictions—Determination; maximum height.
   1. Height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments.
   2. Maximum height. Except as provided in the following section, maximum heights for towers shall be as follows:
      1. In all residential zoned property (refer to paragraph B,5) the maximum height of any tower, including all antennas and other attachments, shall be 80 feet.
      2. In all nonresidential zoning districts the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 150 feet.
5. Same—Exceptions. The following are exceptions to the maximum height restrictions for towers:
   1. Multiuse towers designed to accommodate more than one user may exceed the height limitations by up to 25 feet.
   2. Antenna devices over 80 feet in height, which are attached to an existing structure and not freestanding, may be located in residential zoned districts under the following conditions:
      1. Antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures.
      2. Antennas are limited to a height of 15 feet projecting above the structure. The city council may permit antenna heights of up to 25 feet above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the property, off-site views of the antenna are minimized to acceptable levels.
6. Setbacks. Towers shall conform with each of the following minimum setback requirements:
   
   1. Tower shall meet the setbacks of the underlying zoning district with the exception of the following:
      1. In industrial and business zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or business zoned district and the tower does not encroach upon any easements.
      2. In a residential district (refer to paragraph B,5), the required setback from a property line for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground.
   2. Towers shall maintain a minimum setback of ten feet from all property lines.
   3. For sites that are adjacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower.
   4. Towers shall be set back from all planned public rights-of-way by a minimum distance equal to one-half of the height of the tower, including all antennas and attachments.
   5. Towers shall not be located between a principal structure and a public street.
   6. A tower's setback may be reduced, or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure.
   7. No tower, antenna or accessory structure shall be located in a wetland or within the wetland setback.
7. Towers in residentially zoned districts. Towers to be located in residentially zoned areas (refer to paragraph B,5) are subject to the following restrictions:
   1. Towers supporting commercial antennas and conforming to all applicable provisions of this Ordinance shall be allowed in residential zoned districts in the following locations:
      1. Church sites, when camouflaged as an architectural feature such as steeples or bell towers;
      2. Park sites, when compatible with the nature of the park; and
      3. Government, school, utility and institutional sites.
   2. Only one tower shall exist at any one time on any one residential parcel.
8. Multiple principal uses and structures on single lot. For the purposes of this article, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this article.
9. Construction requirements. All antennas and towers erected, constructed or located within the city shall comply with the following requirements:
   1. All applicable provisions of this Ordinance.
   2. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Ordinance and the electronics industry association and all other applicable reviewing agencies.
   3. With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line.
   4. Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Ordinance.
   5. All towers shall be constructed to conform to the requirements of the occupational safety and health administration.
   6. All towers shall be protected against unauthorized climbing.
   7. Metal towers shall be constructed of, or treated with, corrosive-resistant material.
   8. The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority, stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations.
10. Tower and antenna design. Proposed or modified towers and antennas shall meet the following design requirements:
    1. Towers and antennas, including supporting cables and structures shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall have either a galvanized finish or be painted a non-contrasting color consistent with the surrounding area, such as blue, gray, brown or black finish.
    2. Commercial wireless telecommunication service towers shall be of a monopole design, unless the city council determines that an alternative design would better blend into the surrounding environment.
11. Co-location requirements. All personal wireless communication towers erected, constructed, or located within the city shall comply with the following requirements:
    1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; towers under 80 feet are exempt from this requirement) of the proposed tower due to one or more of the following reasons:
       1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
       2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and interference cannot be prevented at a reasonable cost.
       3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer.
       4. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
       5. Existing or approved towers or buildings are not in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the user.
    2. The applicant must demonstrate that a good faith effort to co- locate on existing towers and structures was made, but an agreement could not be reached.
    3. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
12. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
13. Signs and advertising. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities.
14. Accessory utility buildings. Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible with existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. The use of one facility is highly encouraged for co-locations.
15. Landscaping. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping shall comply with the standards provided in CZO 15.28.070.
16. Antennas mounted on roofs, walls and existing towers. The placement of wireless communication antennas on roofs, walls and existing towers may be administratively approved by the city, provided that the antenna meets the requirements of this Ordinance and the following:
    1. The maximum height of an antenna shall not exceed 15 feet above the roof and shall be set back at least ten feet from the roof edge. Antennas exceeding 15 feet above the roof must be approved through the conditional use permit (CUP) process.
    2. Wall- or facade-mounted antennas may not extend above the cornice line and shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments.
17. Permit application for mounting antennas on existing structures. In addition to the submittal requirements required elsewhere in this Ordinance, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:
    1. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirement of this Ordinance;
    2. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Ordinance;
    3. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and
    4. Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers.
18. Appeals. An applicant may appeal an administrative decision under this Ordinance to the city council. Following review and recommendation by the planning commission, the city council shall make a final determination on the application.
19. Existing antennas and towers. Antennas and towers in residential districts (refer to paragraph B,5) and in existence as of March 21, 2011, which do not conform to or comply with this article, are subject to the following provisions:
    1. Towers may continue in use for the purpose now used and as now existing, but may not be expanded without complying in all respects with this article.
    2. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever to the extent of greater than 50% of its market value, the tower may be repaired and restored to its former use, location and physical dimensions provided that a building permit has been applied for within 180 days. In the case where under this paragraph a building permit has been applied for within 180 days of when the property was damaged, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. In the case where under this paragraph a building permit has not been applied for within 180 days of when the property was damaged, the non- conformity may not be continued.
    3. If the use of such tower(s) is discontinued for a period of more than one year, the non-conformity may not be continued without complying in all respects with this article.
20. Time limit on tower completion. Once a tower is approved by the city, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of permit. If the tower is not substantially completed within one year, the tower will be considered an abandoned or unused tower.
21. Abandoned or unused towers. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows:
    1. All abandoned or unused towers and associate facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
    2. Unused portions of towers above a manufactured connection shall be removed within two years, six months of the time of antenna relocation, if the unused portion exceeds 25 percent of the height of the tower or 30 feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
    3. After the facilities are removed, the site shall be restored to its original or an improved condition.
22. Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be in compliance with FCC regulations.
23. Supplemental application information. In addition to the information required elsewhere in this Ordinance in an application for a building permit for towers and their antennas, applications for towers shall include the following supplemental information:
    1. A report from a qualified and licensed professional engineer that provides the following:
       1. Describes the tower height and design, including a cross-section and elevation;
       2. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
       3. Describes the tower's capacity, including the number and type of antennas that it can accommodate; and
       4. Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number.
    2. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided.
24. Temporary mobile towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an administrative permit and shall comply with the following standards:
    1. The height of the tower shall not exceed 90 feet including trailer platform.
    2. Temporary mobile towers shall maintain the setbacks. The setback shall be maintained from the trailer platform.
    3. Temporary mobile towers shall be prohibited in residential zoning districts.
    4. Temporary mobile towers shall have a minimum tower design windload of 80 miles per hour.
    5. A temporary mobile tower may be permitted for up to 120 days.
    6. Temporary mobile towers shall require a building permit.
    7. Mobile units shall have the opportunity to appeal the administrative decision.
    8. Mobile units shall not interfere with public safety telecommunications.
       (Ord. No. 847, 3/21/2011)
25. Small Cellular Wireless Facilities (Small Cell). Small Cellular Wireless Facilities (Small Cell) as defined by Minn. Stat. §§ 237.162 and 237.163 are permitted uses in the public right’s-of-way from a zoning perspective, except in residential and historic zone district where they are conditional uses. New or replacement facilities, or parts thereof, shall comply with the following standards:
    1. Standard conditions for locating small cell wireless facilities in residential and historic districts:
       1. Maximum pole height as allowed by Minnesota State Statutes 237.163, Subd. 3b.
       2. All facilities shall be located in the right of way in the area defined by the sideyard drainage and utility easement area. If an area does not have drainage and utility easement, then the facility shall be within five feet (5’) of a side property line.
       3. All facilities within any front or rear setback areas shall be located closest to the property line, furthest from the road centerline as possible, but not further back from the curb or any sidewalk or trail then ten feet (10’).
       4. All facilities shall be located as near as practicable to street intersections.
       5. All facilities shall be located to the extent practicable on existing poles or other structures currently in the right of way.
       6. Decorative lights, banner poles, clocks, flag poles, and other public realm furniture were not visually designed to accommodate Small Cell facilities and shall not be used to accommodate those facilities.
    2. Other conditions for locating small cell wireless facilities in residential and historic districts:
       1. Other conditions unique to the proposed placement of facilities may be attached to protect the health, safety, welfare and aesthetics of neighboring properties, other users of the right of way, and the public.
          (Ord 941, 12/18/2017)
          

The intent of these regulations is to provide for use of satellite dish antennas as required by Federal law, and to establish minimum requirements for their use including size, height, location, material, number, and screening. The central objective is to permit sight line access to satellite dish antennas from all zoning lots, and to minimize visual exposure and awareness of large satellite dish antennas from surrounding properties and public streets. Satellite dish antennas shall be considered a permitted accessory use in all zoning districts; however, such antennas larger than one meter shall require a building permit and shall be regulated by the following minimum requirements:
(Ord. No. 582, Sec. 1, 9/18/95)

1. Residential Districts.
   1. Dish antennas shall be prohibited within any existing or required front yard or corner side yard;
   2. Dish antennas may be permitted within any existing or required side yard only if a usable rear yard is not available;
   3. Dish antennas shall be subject to required setbacks for accessory structures;
   4. Dish antennas on rooftops shall be prohibited. Eave mounted dish antennas may be permitted only in cases where usable rear yard is not available;
      (Ord. No. 582, Sec. 2, 9/18/95)
   5. Maximum height of ground supported dish antennas from top of antenna to ground shall be 15 feet for detached antennas and 20 feet for antennas attached to garages;
   6. Dish antennas shall be visually screened from adjacent residential and public properties/streets so as to minimize any potential negative effects on such adjacent properties. Specific screening materials such as fencing or vegetation shall be determined by the Building Official and identified as a condition of approval of the Building Permit;
      (Ord. No. 582, Sec. 2, 9/18/95)
   7. No signs or messages shall be painted on or attached to the dish antenna or its support structure;
   8. Maximum of one dish antenna shall be permitted per zoning lot.
      (Ord. No. 582, Sec. 2, 9/18/95)
2. Non-Residential Districts.
   1. Dish antennas shall be prohibited within any existing or required front yard or corner side yard;
      (Ord. No. 582, Sec. 3, 9/18/95)
   2. Dish antennas may be permitted within any existing or required side and rear yard if they are effectively screened from public view by fencing, vegetation or other acceptable means;
      (Ord. No. 582, Sec. 3, 9/18/95)
   3. Dish antennas shall be prohibited from roof tops unless it is determined by the Building Official that placement within side or rear yards is impractical. In such event, the permitted dish antenna shall have a perforated (mesh like) surface which provides a see through appearance. The Building Official may alternatively consider permitting an opaque surface provided the dish is fully screened from public view with building materials similar in appearance to the principal building, and provided further that such antenna and screening is not disproportionate to the height and size of the building;
      (Ord. No. 582, Sec. 3, 9/18/95)
   4. Dish antennas shall be subject to required setbacks for principal or accessory structures, whichever is less;
   5. No signs or messages shall be painted on or attached to the dish antenna or its support structure;
   6. Maximum height of ground supported antennas shall be 20 feet from top of antenna to ground. Roof-mounted dish antennas shall not extend more than ten (10) feet above the height of the supporting building;
   7. Maximum of one dish antenna shall be permitted per zoning lot.
      (Ord. No. 582, Sec. 3, 9/18/95)

In all zoning districts except the R-Rural District, no building having human habitation shall be constructed and occupied unless connected to and served by central sewer service. Farm residences within the O-Open Development District shall be exempt from the requirements of this section.

No burial of human remains shall be permitted except in church or municipal cemeteries.

1. Intent. It is the intent of this section to provide for Bed and Breakfast establishments as defined herein within certain districts subject to securing a Conditional Use Permit therefor and meeting various conditions as listed below and as may be required by City Council during review of specific applications.
2. Required Conditions. The following minimum conditions are required for Bed and Breakfast establishments:
   1. Location within the R, R2, and O Districts;
   2. Location within an existing residential structure;
   3. Facility must be occupied by the owner or an agent of the owner as a personal residence;
   4. Off-street parking spaces required as follows:
      1. Two for the owner;
      2. One for each rented room.
   5. No significant change to the exterior design and appearance of the residence other than as required by State and local codes and ordinances;
   6. Minimum of 100 square feet per sleeping room, maximum of five sleeping rooms;
   7. No cooking facilities permitted in the rented rooms;
   8. Owner must meet State licensing requirements;
   9. One identification sign permitted on the premises subject to the following:
      
      

      Maximum area of sign:	12 square feet (R and O Districts) 6 square feet (R2 District)
      Maximum height of sign:	4 feet
      Minimum setback from street right-of-way:	15 feet
      Lighting limited to indirect beam, no internal illumination or flashing light.

   10. For Bed and Breakfasts located in the R and O Districts which are not served by municipal sewer and water, an inspection shall be conducted of the existing private sewage disposal and water supply systems to determine their adequacy for the intended use, and improvements to or replacements of such systems shall be undertaken as may be found to be warranted.
       

1. Intent. The purpose of this section is to enact minimum restrictions on fencing necessary to ensure orderly and attractive development, to enhance the “curb appeal” from Chaska’s streets, to protect the health and welfare of Chaska’s citizens, to allow a free flow of air, and to prohibit unreasonable restrictions of view while allowing each property owner to protect his or her property and privacy.
2. General Requirements.
   1. Construction, Maintenance, and Design Requirements.
      1. Fencing shall be constructed and maintained so as not to endanger life or property. Any fence which through lack of repair, type of construction, or which otherwise imperils health, life, property, or the aesthetic quality of a neighborhood shall be deemed a public nuisance.
      2. The side of the fence considered to be the face shall face abutting property. The face shall be defined as the finished side of the fence rather than the side with structural supports.
      3. If fencing is built away from a property line, property on both sides of the fence must be maintained so as not to create a public nuisance.
   2. Fence Location Requirements.
      1. All fences shall be located entirely upon the private property of the person, firm, or corporation constructing the fence.
      2. When driveway, access, or walkway easements are located on private property, fences shall not be constructed on the easement. No fence shall be constructed which obstructs the flow of water upon a drainage or ponding easement.
   3. Traffic Visibility Requirements. On any corner lot, no fence shall be erected in the triangle formed by the front lot line, side street lot line, and a third straight line joining points on such property lines 30 feet from their intersection at the corner of the lot when such action would impede vision above a height of two and one-half (2 1/2) feet above the centerline grades of the adjacent streets.
   4. Permit Requirements. All fences require building permits.
3. Requirements For Residential Areas.
   1. General Design Requirements.
      1. The use of barbed wire, or of any electrical current is prohibited;
      2. If a chain link fence is constructed, it shall have a minimum gauge of 11.
   2. Rear Yard Boundary Fence.
      1. Height Restrictions: A rear yard boundary fence shall not exceed six (6) feet in height.
      2. Required Yard Location:
         1. A rear yard boundary fence shall be permitted only within the rear yard, except where rear yard access from the principal building is achieved from an entrance/exit to a side yard. In such instances, a six (6) foot boundary fence is permitted in the side yard to a distance not greater than three (3) feet beyond the entrance/exit in the direction of the front yard.
         2. Should a corner lot have a rear lot line in common with the side lot line of an abutting lot, the boundary fence shall meet the principal structure’s required side yard setback for corner lots, or shall not extend past the front corner of the house on the abutting lot, whichever is less.
         3. Large lots containing structures set back 100 feet or more from a street right-of-way, a rear yard boundary fence shall be permitted within side yards to the front of the structure, or in the case of two adjacent structures, to a line connecting the front of such structures.
            (Ord. No. 620, Sec. 2, 6/16/97)
   3. Decorative Fences.
      1. Height Restrictions: A decorative fence, or any natural hedge or closely planted vegetation, shall not exceed four (4) feet in height within the limits of the front yard.
      2. Required Yard Location:
         1. A decorative fence is the only type of fence allowed within the limits of the front yard, except as indicated in paragraph B,2.
         2. A decorative fence erected on a corner lot shall be subject to the additional traffic visibility requirements in paragraph B,3.
      3. Design Requirements: 
         1. A decorative fence shall have an opacity of no greater than 50 percent.
         2. A chain link fence is not considered decorative.
            
   4. Rear Yard Privacy Fences.
      1. Height Restrictions: A rear yard privacy fence shall not exceed eight (8) feet in height.
      2. Required Yard Location: A rear yard privacy fence shall be located only within the buildable area of the rear yard. Under no circumstances shall a rear yard privacy fence be allowed in the side or front yard of a residential lot.
   5. Fences Enclosing Swimming Pools.
      1. Required:
         1. A safety fence shall be installed around all underground swimming pools.
         2. A safety fence shall be installed around an above-ground swimming pool. When the above-ground swimming pool is accessory to a single-family dwelling, a safety fence is required if the pool is both greater than 24 inches in depth and more than 5,000 gallons in capacity.
      2. Height Restrictions:
         1. A safety fence at least four (4) but no more than six (6) feet in height shall be constructed to completely enclose a swimming pool.
            
         2. A safety fence of at least four (4) but not more than six (6) feet in height shall be constructed to completely enclose an above ground swimming pool or the side of the pool above grade shall be a minimum of four (4) feet in height.
      3. Construction and Design Requirements:
         1. Any opening between the fence bottom and the ground shall not exceed four (4) inches.
         2. Any opening within the fence shall not exceed four (4) inches.
         3. Pedestrian access gates for pool enclosures shall be self-closing and self-latching hardware. The release mechanism shall be placed no lower than 48” from grade. All other service gates and pool ladders shall have lockable hardware and be locked at all times when not in use.
         4. All such fences shall be constructed so as not to be easily climbable, and generally to prevent children from gaining uncontrolled access.
            (Ord. No. 731, 12/16/2002)
4. Requirements For Commercial And Industrial Areas.
   1. Fences for Screening Outdoor Storage Areas.
      1. Height Restrictions: All fences required for the screening of outdoor storage areas shall be at least six (6) but not more than eight (8) feet in height.
      2. Construction and Design Requirements:
         1. All fences required for screening open storage areas shall have an opacity of at least 90 percent.
         2. Screening fences shall be architecturally harmonious with the principal building and shall be compatible with the natural surroundings.
   2. Fences for the Separation of Incompatible Land Uses.
      1. Explanation: Fences used for screening may be required at locations where commercial or industrial uses are adjacent to or across the street from property zoned or developed for residential or public use, as described in CZO 15.28.110 paragraph B,1.
      2. Height Restrictions: The screening required shall consist of a continuous fence or wall at least six (6) but not more than eight (8) feet in height.
      3. Construction and Design Requirements:
         1. The screening fence required shall have an opacity of at least 75 percent.
         2. A louvered fence shall be considered adequate if it blocks vision from a 90 degree angle to the fence.
         3. Plant materials of a type approved by the Community Development Department may also be required in addition to, or in lieu of, fencing.
      4. Required Location on Property:
         1. The screening fence shall not extend to within 15 feet of any street or driveway opening onto a street.
         2. The fence shall be placed along the property lines or, in case of screening along a street, five (5) feet off the property line with landscaping (trees, shrubs, grass, and other plant materials) between the screening fence and the property line.
   3. Fences for Protection from Danger and of Valuable Private Property. It may be necessary for a commercial or industrial use to construct fences specifically to protect people from danger or to guard valuable private property. Such uses may be enclosed with an industrial chain link fence of at least six (6) but not more than eight (8) feet in height topped with three (3) strands of barbed wire, provided they project over the property on the interior side of the fence.
      

1. Heliports. It shall be unlawful to take off or land a helicopter anywhere within the City of Chaska, except at a public or private use heliport for which a Conditional Use Permit has been issued, and except in the following instances:
   1. In conjunction with a special event after advance authorization has been given by the City Council; or
   2. When necessary for law enforcement or emergency purposes.
2. Conditional Use Permit Submittal Requirements. Because heliports present unique land use and development considerations relative to certain other land uses, it is declared that analysis and judgment of the effects of a proposed heliport are necessary to preserve the public health, safety, and general welfare. To that end, the following submittals and documentation shall be required for heliport Conditional Use Permit applications in addition to those required in CZO 15.08.070 paragraph B:
   1. A copy of the Federal Aviation Administration (FAA) form 7480-1, “Notice of Landing Area Proposal”, and all other documents sent to FAA with this form;
   2. A copy of a letter of “No Objections” from the FAA;
   3. A copy of the appropriate approval of licensing of the heliport and necessary supplemental information or equivalent, and the letter of site approval from the Minnesota Department of Transportation, Office of Aeronautics;
   4. A current aerial photograph or drawing at a scale not less than one inch equals 200 feet indicating the approach and departure routes, the location of all residences, schools, churches, hospitals and areas used for the open assembly of people, as well as other noise sensitive areas identified within a radius of one-half mile of the proposed heliport site;
   5. A description of the facility, outlining its proposed hours of operation; approach and departure routes; projected daily operations; operations procedures; types of helicopters that will use the facility; and proposed location, size and type of any support facilities (hangar, fuel, etc.);
   6. A noise impact analysis using a methodology as described in the FAA Advisory Circular No. 150/5020-2, “Noise Assessment Guidelines for New Heliports”;
   7. The site plan required in CZO 15.08.070 paragraph B which shall contain the following additional information:
      1. The location, nature and height of proposed security fences, berms, landscaping, and other security and noise attenuation structures;
      2. The location, size and height of all buildings and structures within the approach-departure paths and within 350 feet of the perimeter of the facility.
3. Approval Criteria / Conditions. Criteria for approval of a Conditional Use Permit for a heliport shall include findings that the proposal:
   1. Conforms to FAA and Minnesota Department of Transportation (MnDOT) rules and regulations for siting and operating a heliport facility;
   2. Is consistent with MPCA noise standards;
   3. Is consistent with applicable restrictions and any special conditions of the District in which it is located as imposed by this Ordinance.
      
      In approving a request for a Conditional Use Permit, the City Council may impose reasonable conditions which it deems necessary to meet the above criteria including, but not limited to, the following:
      1. Height limitations;
      2. Off-street parking;
      3. Landscaping and noise attenuation;
      4. Permitted uses, structures and buildings;
      5. Construction practices;
      6. Operations agreement;
      7. Hours of operation;
      8. Noise abatement procedures;
      9. Duration of the permit.

This section permits certain accessory buildings in residential districts and sets forth minimum setbacks for such buildings. The following additional regulations shall apply to accessory buildings in the single family residential districts: R1, R1-A, R1-B, R2, and PRD.

1. The State Building Code requires a building permit for accessory buildings in excess of 120 square feet floor area, or for buildings that are permanently affixed to the ground by a concrete slab or foundation.
2. No accessory buildings shall be constructed prior to construction of the principal building to which it is accessory.
3. Pole buildings shall be prohibited in residential districts.
4. No accessory building shall be located closer than six (6) feet to the principal building.
5. No accessory building shall be located in a front or side yard, except that a detached garage may be located in a side yard if it meets the required setbacks for an attached garage.
6. Accessory building material shall be the same as or of similar quality as that of the principal building. Accessory buildings shall be compatible with the principal buildings with respect to building materials, design and character.
7. No lot shall contain more than two accessory buildings.
8. One accessory building shall not exceed 768 square feet in floor area on lots of 7,200 square feet in size or greater, or 624 square feet on lots of less than 7,200 square feet in size and shall not exceed 15 feet in height. The garage door opening shall be limited in height to eight feet as measured from the driveway apron or grade at the door opening.
9. A second accessory building shall not exceed 256 square feet in floor area, nor shall exceed 12 feet in height.
10. No attached garage shall exceed 1000 square feet or 75% of the square footage of the footprint of the principal dwelling, whichever is less. The garage door opening shall be limited in height to eight feet as measured from the driveway apron or grade at the door opening.
11. Attached garages, for the purpose of this section, shall not be counted toward the allowable accessory structures as defined in paragraphs H, nor I.
    (Ord. No. 787, 7/17/2006)

Construction locations shall be maintained clean and free of debris during non- work periods and the spread of debris shall be prevented at all times. All debris shall be deposited and concealed in a covered containment device such as a roll-off container, dumpster or other enclosure, in compliance with the Uniform Fire Code. Debris shall be removed from containers and legally disposed periodically as necessary. Hazardous waste shall be contained and removed separately in accord with applicable laws. Combustible debris shall not be accumulated within any building.
(Ord. No. 607, Sec. 2, 9/23/96)

1. Intent. The intent of this paragraph is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source, to promote traffic and personal safety, and to prevent the nuisance associated with the intrusion of spillover light and glare. (Ord. No. 607, Sec. 3, 9/23/96)
2. Applicability. The requirements of this paragraph apply to all exterior lighting except street lighting within public rights-of-way. (Ord. No. 607, Sec. 3, 9/23/96)
3. General Provisions.
   1. Except for one and two family dwellings, a light distribution plan as defined herein shall be required for all new development, redevelopment, and additions which exceed 20% of the floor area of the principal structure. This plan shall include the type and arrangement of proposed lighting and proposed lighting levels in foot-candles at all locations on the site including its property boundaries;
   2. Exterior lighting shall be designed and arranged to limit direct illumination and glare in any contiguous parcel of land. Reflected glare or spill light shall not exceed five tenths (0.5) foot-candle when the source of light abuts any residential or public use parcel, or one (1.0) foot-candle when the source of light abuts any commercial or industrial parcel or any public right-of-way measured at one (1) foot above the ground at the property line. The latter requirement shall not apply to properties abutting public streets having foot- candle levels above one (1.0) such as Chestnut Street in the downtown area;
   3. The City may limit the hours of operation of outdoor lighting equipment if the City believes it necessary to reduce the impact of light on the surrounding neighborhood;
   4. Light poles or standards for exterior lighting shall not exceed a height of 35 feet, except when a luminaire is located within 100 feet of a residential property, in which case the maximum height shall be 25 feet;
   5. All luminaires shall have a cutoff angle equal to or less than 70 degrees;
   6. In general, wall mounted luminaires should not be used to illuminate parking lots; instead, pole lights should be used in order to minimize off-site glare. The height of wall mounted luminaires shall not exceed 18 feet above ground level at the building line.
      (Ord. No. 607, Sec. 3, 9/23/96)
4. Definitions. For the purposes of this paragraph, the terms defined herein shall have the meanings given them:
   
   Cutoff angle: The angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source, beyond which no light is emitted.
   
   Foot-candle: The international unit of illumination produced on a surface.
   
   Glare: The effect produced by the intensity and direction of any artificial illumination sufficient to cause annoyance, discomfort, or temporary loss or impairment of vision.
   
   Light Distribution Plan: A point by point plan formulated according to standard practices of the Illuminating Engineering Society (IES), depicting the intensity and location of lighting on the property.
   
   Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts. A luminaire does not include a pole or other support.
   (Ord. No. 607, Sec. 3, 9/23/96)
   

1. Intent. The standards of this paragraph are intended to provide guidelines and requirements for the development and operation of gasoline service stations and station stores. It is determined that gasoline service stations and station stores may pose particular problems in achieving compatibility with abutting and adjacent land uses because of potentially detrimental aspects of their operation. The public health, safety and general welfare requires that because of traffic hazards, noise, light glare, indiscriminate advertising and outdoor storage and display of merchandise, such service stations and station stores be specifically regulated.
   (Ord. No. 607, Sec. 4, 9/23/96)
2. Definitions. For the purposes of this paragraph the terms defined herein have the meanings given them:
   
   Service Station: A retail place of business engaged in the sale of motor fuels, but may be engaged in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists’ needs. These may include the sale of petroleum products; sale and servicing of tires, batteries, automobile accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products.
   
   Station Store: A store located on the same premises as a service station and designed and operated for the additional purpose of the sale of merchandise unrelated to automotive operation, maintenance or repair.
   (Ord. No. 607, Sec. 4, 9/23/96)
3. Development Standards.
   1. Minimum building and canopy setbacks shall be as follows unless otherwise provided in a specific planned development district:
      
      

      From centerline of Highway 212 or Highway 41	150 feet
      From centerline of arterial roadways	125 feet
      From centerline of Class I collector streets	100 feet
      From property lines abutting local streets	30 feet
      From interior property lines	15 feet (except where there is a driveway adjacent to a building or canopy in which case the setback shall be at least 30 feet);

   2. Minimum sign setbacks shall be as follows:
      
      

      From all property lines

      10 feet

   3. Minimum parking/driveway setbacks shall be as follows unless otherwise provided for in a specific planned development district:
      
      

      From property lines abutting public right-of-way	15 feet
      From interior property lines	10 feet

   4. Site and building lighting shall be designed so as to deflect light away from adjacent properties. Lighting shall also be subject to the following:
      1. Canopy light fixtures and lenses shall be fully recessed in and be flush with the canopy ceiling, and light levels under the canopy shall not exceed 100 foot-candles.
   5. Site and building signage as regulated in CZO 15.32.060 paragraph D:
   6. Outdoor sales and display of merchandise is permitted provided that the total site area occupied by the merchandise does not exceed six (6) percent of the gross floor area of the station/station store, or 240 square feet, whichever is less; and further that the merchandise is:
      1. Stored and displayed in an orderly and compact arrangement under the canopy and/or immediately adjacent to the station or station store.
      2. Not located within any parking or driving area and does not block driver visibility or pedestrian movement.
   7. Outdoor trash enclosures shall be at least six (6) feet in height, shall include gates or doors, and shall be made of the same material as the principal building or a comparable high quality non-combustible material;
   8. All repair, assembly, disassembly, and maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil, and wiper replacement.
      (Ord. No. 607, Sec. 4, 9/23/96)
      

1. Conditions. Temporary sales offices as defined herein shall be permitted for residential developments within the R1, R1A, R1B, R2, and PRD Districts of the City of Chaska, provided that:
   1. Total floor area does not exceed 600 square feet.
   2. Exterior design and appearance shall harmonize with the surrounding residential area.
   3. Sales office shall be removed two weeks after the first certificate of occupancy is issued.
   4. Sales office shall meet all principal building setbacks.
   5. Applications should include elevations of the trailer, a narrative addressing the period of use and removal of the sales trailer and site plan, which would include location of a parking lot and provisions for temporary utility service including sanitary sewer, water, electric and telephone, as applicable.
      

1. Conditional Use Permit Required. Parking Ramps shall require the approval of a conditional use permit. Parking Ramps shall only be permitted in the following zoning districts: R-3, C-2, C-3, P- 2, I, I-2, PRD, PCD, PID, and PMD. Requests for conditional use permit approval for a parking ramp shall comply with the following:
   1. Compliance with CZO 15.08.070 (Conditional use Permits).
   2. Parking Ramps shall meet the setback requirements of the principal structure.
   3. Parking Ramps shall be located and oriented on the site in a manner that minimizes their impact on adjacent properties (i.e., headlight glare, lighting and noise from interior/exterior sources).
   4. The exterior materials and design of parking ramps shall be consistent with the principal structure.
   5. The exterior architectural elements shall not slope with interior floors, but remain as horizontal or vertical elements.
   6. Special care should be taken to minimize the acoustics from these structures, including driving surface materials.
   7. The design of these structures should ensure security of its users (particularly in stairwells) and ensure adequate accessibility to all users.
      (Ord. No. 849, 5/16/2011)
      

1. Purpose and Intent. The purpose of this article is to accommodate and provide detached single-family developments that provide variation in design. The city finds it necessary to adopt standards and regulations that promote this intent. The council finds that these regulations are necessary to:
   1. Establish standards, which require that buildings be designed to provide a varied streetscape and to eliminate the reuse of identical or substantially similar buildings in close proximity to each other;
   2. Establish design standards, which create articulated detached single-family facades;
   3. Provide exemptions for detached single-family developments that operate and look like townhome developments as it relates to providing association yard maintenance and the same front exteriors on all home units;
2. Anti-Monotony and Design Requirements.
   1. Individuals, builders or groups of builders shall not construct single-family home styles having substantially similar appearance (including two or more the following factors; articulation of front wall, number of full stories above grade, principal roof type, materials, and garage type) from the street to other single-family homes within two lots on each side, directly across or diagonally across from the same unit. No building permit shall be issued for a single-family home inconsistent with this requirement.
   2. The following ratios are to be used with respect to the positioning of the garage on all single-family lots:
      1. No garage shall protrude in excess of eight feet beyond the front wall of the house, including a substantial porch, or side-load garages on lots that are wide enough to support such garage. Except, for walkout ramblers, where no garage shall protrude in excess of twelve feet beyond the front wall of the house, excluding the porch.
      2. Substantial front porch shall be: unenclosed; have a minimum depth of 8 feet; extend across 50 percent of the front of house, excluding garage; and be located adjacent to the garage.
      3. Side loaded garage shall: be designed to provide for dormers, bays and other architectural elements to be utilized to break up the mass of the garage and the roof line; not to exceed 25 feet in depth; be perpendicular to the right-of-way; not visually terminate at a roadway; and not be adjacent nor directly across the street from other side loaded garages.
   3. Garage walls shall not exceed 65 percent of the length of the front wall of the house. The length of the garage wall facing the street shall not be greater than sixty-five percent (65%) of the length of the entire front facade of the house and must comply with all three of the following conditions:
      1. The second floor living space shall extend over the two-car or one-car portion of the garage; and
      2. The garage doors shall be decorative; and
      3. Houses that provide for a three-car garage shall break the garage into two-car and one-car sections with either the one-car or two-car section being recessed.
   4. 360-degree architecture shall be provided for all corner lots and all lots whose rear or sides are visible from public right’s-of-way or across from open spaces, as identified by staff in the review of the application.
   5. Developers shall prepare a plan for staff approval prior to the issuance of any building permits to comply with conditions in paragraphs B,1, B,2, B,3, and B,4 so as to create differentiation in the elevations of the single-family housing units.
   6. With the addition of an approved premium color palette, 4” window wrap on all elevations and the utilization of fiber cement siding on all front elevations, the following regulations are modified as follows:
      1. Paragraph B,2,b shall be revised to: Substantial front porch shall be: unenclosed; have a minimum depth of 6 feet; and extend across 50 percent of the front of house, unless the front elevation includes an approved substantial architectural feature (i.e. a turret) that prevents the front porch from reaching the full 50 percent.
      2. Paragraph B,3,c has been eliminated.
      3. In addition, premium color packages (to be approved by staff) shall not be built next to one another on either side, nor directly across the street from one another.
3. Exemptions From Anti-Monotony Regulations. The City of Chaska has historically had variety in housing types and specifically in detached single-family products. The following detached single-family housing developments are exempt from this section if they provide all of the following provisions:
   1. Same number of stories above grade;
   2. Association maintained yards;
   3. Association restrictions on changing front exteriors;
   4. Front elevations between all units in a single development provide for very similar exterior design with at least the same principal roof type, same roof pitches, same design on the garage’s front elevation, same number of window openings, and same material application;
   5. For units sharing a driveway, they must have the same front exterior design and same color application; and
   6. Are physically separated from other detached single-family developments by way of their own dead-end streets, significant landscape buffers.
      (Ord. No. 945, 4/16/2018)