Ordinance 120CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
• ORDINANCE NO. 120
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
CITY CODE BY ADDING PROVISIONS CONCERNING INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS AS FOLLOWS:
Section 1. Chapter 20, Section 20-1 of the Chanhassen City
Code is amended by adding a definition of "interim use" to read
as follows: "Interim use" means a temporary use of property
until a particular date, until the occurrence of a particular
event, or until zoning regulations no longer permit it.
Section 2. Chapter 20, Article IV of the Chanhassen City
Code is amended by adding Division 5 to read as follows:
Division 5. Interim Use Permits.
Section 20-381. Purpose and Intent.
The purpose and intent of allowing interim uses is (1) to
allow a use for a brief period of time until a permanent location
is obtained or while the permanent location is under construc-
tion, and (2) to allow a use that is presently acceptable but
• that with anticipated development will not be acceptable in the
future.
Section 20-382. Application, Public Hearing, Notice and Procedure.
The application, public hearing, public notice and procedure
requirements for interim use permits shall be the same as those for
amendment as provided in Article II, Division 2, except that the
permit shall be issued for the affirmative vote of a majority of
the entire council. Although specific submissions required to
complete an application for an interim use permit may vary with
the specific use and the district in which it is located, all
applications for such permits must include at minimum a site plan
that clearly illustrates the following: proposed land use,
building and functions, circulation and parking areas, planting
areas and treatment, sign locations and type, lighting, the rela-
tionship of the proposed project to neighboring uses, environmen-
tal impacts and demand for municipal services.
Section 20-393. General Issuance Standards.
The Planning Commission shall recommend an interim use permit
and the Council shall issue interim permits only if it finds that
such use at the proposed location:
40
1. Meets the standards of a conditional use permit set forth in
Section 20-232 of the City Code.
• 2. Conforms to the zoning regulations.
3. The use is allowed as an interim use in the zoning district.
4. The date of event that will terminate the use can be iden-
tified with certainty.
5. The use will not impose additional costs on the public if it
is necessary for the public to take the property in the
future; and
6. The user agrees to any conditions that the City Council deems
appropriate for permission of the use.
Section 20-384. Termination.
An interim use permit shall terminate on the happening of any
of the following events, whichever first occurs:
1. The date stated in the permit;
2. Upon violation of conditions under which the permit was
issued;
3. Upon change in the City's zoning regulations which renders
• the use non -conforming.
Section 3. Chapter 20 of the Chanhassen City Code is amended
by adding the following:
Section 20-557 to read as follows:
The following are interim uses in the "A-1" District:
1. Mobile homes (compliance with Section 20-905 is not
required).
2. Bed and Breakfast establishments.
Section 20-576 to read as follows:
The following are interim uses in the "A-2" District:
1. Churches.
2. Mineral extraction.
3. Contractor's yards.
4. Mobile homes (compliance with Section 20-905 is not required).
5. Bed and breakfast establishments.
6. Commercial kennels, stables and riding academies.
7. Wholesale nurseries.
• 8. Golf driving ranges with or without miniature golf courses.
-2-
1. Churches.
2. Temporary outdoor display of merchandise for sale
Section 20-716 to read as follows:
The following are interim uses in the "BH" District:
1. Churches.
2. Temporary outdoor display of merchandise for sale.
3. Farmers markets.
Section 20-736 to read as follows:
The following are interim uses in the "CBD" District.
1. Churches.
2. Temporary outdoor display of merchandise for sale.
3. Farmers markets.
Section 20-756 to read as follows:
The following are interim uses in the "BG" District:
• 1. Churches.
2. Temporary outdoor display of merchandise for sale.
-3-
Section 20-595
to read as
follows:
•
The
following
are interim
uses in the
"RR" District:
1.
Commercial
kennels and
stables.
Section 20-616
to read as
follows:
The
following
are interim
uses in the
"RSF" District:
1.
Private stables
subject to provisions of Chapter 5, Article IV.
2.
Commercial
stables with a minimum
lot size of five (5) acres.
Section 20-637
to read as
follows:
The
following
are interim
uses in the
"R-4" District:
1.
Boarding houses.
2.
Private kennels.
Section 20-676
to read as
follows:
The
following
are interim
uses in the
"R-12" District:
1.
Real estate
office and model homes.
2.
Boarding houses.
Section 20-696
to read as
follows:
is
"BN"
The
following
are interim
uses in the
District:
1. Churches.
2. Temporary outdoor display of merchandise for sale
Section 20-716 to read as follows:
The following are interim uses in the "BH" District:
1. Churches.
2. Temporary outdoor display of merchandise for sale.
3. Farmers markets.
Section 20-736 to read as follows:
The following are interim uses in the "CBD" District.
1. Churches.
2. Temporary outdoor display of merchandise for sale.
3. Farmers markets.
Section 20-756 to read as follows:
The following are interim uses in the "BG" District:
• 1. Churches.
2. Temporary outdoor display of merchandise for sale.
-3-
Section 20-775 to read as follows:
The following are interim uses in the "BF" District:
• 1. Churches.
2. Temporary outdoor display of merchandise for sale.
Section 20-816 to read as follows:
The following are interim uses in the "IOP" District:
1. Churches.
2. Concrete Mixing Plants.
Section 4. Chapter 20 of the Chanhassen City Code is
amended by deleting the following Code Sections:
1. Section 20-554(1)(3)
2. Section 20-574(1)(2)(3)(5)(8)(10)
3. Section 20-594(5)
4. Section 20-614(2)(4)
5. Section 20-634(2)(3)
6. Section 20-674(3)(6)
7. Section 20-694(4)
8. Section 20-714(1)
9. Section 734(1)(3)
10. Section 20-754(1)
11. Section 20-773(4)
12. Section 20-814(1)
•
13. Section 20-903
Section 5. Chapter 20 of the Chanhassen City Code is amended
by amending Section 20-1376(a) to read as follows:
It shall be unlawful for any person to remove, store or excavate
rock, sand, gravel, clay, silt or other like material in the
City, or to fill or raise the existing surface grades, without
receiving an extraction permit for mineral extraction. Such per-
mits may only be issued in the zoning district when mineral
extraction is listed as an interim use.
Section 6. This Ordinance shall be effective upon its
passage and publication.
Adopted by the City Council of the City of Chanhassen this
12th day of February, 1990.
ATTEST:
Don Ashworth, City Clerk/Manager Donald J Ch iel, Mayor
• -4-
(Published in the Chanhassen Villager on February 22, 1990)
•
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
'ORDINANCE NO.AN AMENDMEW To
1 _.
CONCERNING USE
PERMPTS, ORDMANCE SUNY
OnFebnu car 12,1900, 60C -
sen City Council adopted an ordtttamm
that creates a new use category called
Interim Use Permits. It is designed to
regulate uses which are conditionally
acceptable, but which are also temporary
in nature. Interim Use Permits are in-
tended to be redeveloped or cease to exist
within a defined time frame to allow
development to occur that is consistent
with the ordinance. A number of uses
which were formerly classified as "con-
ditional" have been redesignated as
"interim" based upon their intended
temporary nature.
Enforcement of this ordinance shall be
subject to the provisions of the zoning
ordinance. This ordinance is in full
force commencing on the date of publi-
cation of this summary. '
Don Ashworth
City Manager
(Published in the Chanhassen Villager
Thursday, February 22, 1990; No. 324)
�J
%- t17,.
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Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota
County of Carver
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Chaska Herald
and the Chanhassen Villager and has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. 302 , was published on
the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part
of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used
in the composition and publication of the Notice:
abcdefghijklmnopgrstuvwxyz /
1
By.
Stan Rolfsrud, General Manager
Subscribed and sworn before me on
this ala da of �-l4. , 1990
LAURIE A. HAFT'. A N to
T NOTMRYPUBLC-MINNE!A)TA
SCOTT COUNT Y
`• •V WCOMMISSION EWRES +. =
Notary Public
A Fr i 00 ..>
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ............................ $6.68 per column inch
Maximumrate allowed by law for the above matter.......................................................... $6.68 per column inch
Rate actually charged for the above matter.......................................................................... $5.56 per column inch