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Ordinance 247CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.247 AN ORDINANCE AMENDING CHAPTER 5 AND 20 OF THE CHANHASSEN CITY CODE CONCERNING COMMERCIAL STABLES AND KENNELS IN THE BF, FRINGE BUSINESS DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 20-773 Conditional Uses, is hereby amended by adding the following: 6. Commercial Kennels 7. Commercial Stables Section 2. Section 20-1 Definition, is hereby amended as follows: Commercial Kennel means any place where a person accepts dogs and cats from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. • Commercial Stables means any place where a person accepts horses, colts, ponies, mules, burros, or llamas, from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. Section 3. Section 20-295, Commercial Kennels and Stables is hereby added as follows: Sec. 20-295. Commercial Kennels and Stables. The following applies to commercial kennels and stables: (1) No more than one principal structure and 2 accessory structures shall be permitted in the rear or side yards. The accessory structures may not cover more than 4 0% of the side or rear yard area. Wetlands shall be excluded from yard calculations. (2) The structure must be in compliance with Chapter 5, Articles II and III. (3) The site must be located on a collector street. (4) The accessory structure must be a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. (5) No person shall maintain or operate any commercial kennel or stable without a • permit issued by the city as regulated by the City Code. • (6) A minimum lot size of one (1) acre is required to be licensed for operation of a commercial kennel or stable. (7) Every commercial kennel or stable shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. (8) Both commercial kennels and stables shall be open for inspection by the City authorities at any time. (9) It shall be unlawful for any person to own or keep three (3) or more dogs and/or cats over six (6) months of age on his/her premises in the City without obtaining a kennel permit pursuant to this section and the City Code. (10) Light sources shall be shielded. (11) No outdoor speaker systems shall be allowed. (12) Compliance with all State and County Regulations. Section 4. Section 5-16, Definitions is hereby amended as follows: Commercial Kennel means any place where a person accepts dogs and cats from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. Commercial Stables means any place where a person accepts horses, colts, ponies, mules, burros or llamas, from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, treating or grooming. Section 5. Section 5-22 is hereby added as follows: Sec. 5-22. Issuance. After a Conditional Use Permit has been approved by the City Council, a Commercial Kennel permit shall be issued by the city clerk if the following conditions are met: (1) Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. (2) Land upon which dogs are to be sheltered must be surrounded by a sturdy fence which will keep dogs confined. (3) No Commercial Kennel Permit shall be issued for a lot of less than one (1) acre. (4) Housing and shelter must be provided which will keep animals comfortable and protected from the elements, and housing or shelter shall be so located as not to create a nuisance. (5) Accumulations of feces shall be located at least two hundred (200) feet from any well. (6) All accumulations of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to • become unsightly. 2 • • 0 (7) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.). (8) All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. (9) Facility employees shall ensure that dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. (10) Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such screening and buffering may be accomplished by using berms, fencing, a green belt planting strip (evergreens), or natural topography. (11) The following conditions must be upheld in regard to the site's animal quarters: a. Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. b. Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain, and snow. C. If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. d. Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition. e. The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. f. Disposal facilities are provided to minimize virus infestation, odors and disease hazards. g. Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. Section 6. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 1 lth day of March, 1996. ATTEST: - �L CLCB�� Don Ashworth, City Manager (Publish in the Chanhassen Villager on March 21, 1996.) • •�.�alel, Mayor ORDINANCE SUMMARY NO. 247 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 5 AND 20 OF THE CHANHASSEN CITY CODE CONCERNING COMMERCIAL STABLES AND KENNELS IN THE BF, FRINGE BUSINESS DISTRICT The ordinance amendment will allow commercial stables and kennels as a conditional use in the BF District. These standards have been incorporated into Chapter 5, Animals and Fowl, to aid in issuing permits and provide standards to control these establishments. Passed and adopted by the Chanhassen City Council this 1 lth day of March, 1996. Sharmin Al-Jaff, Planner II 937-1900 ext. 120 Published in the Chanhassen Villager on March 21, 1996. ORDINANCE SUMMARY NO.247 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 5 AND 20 OF THE CHANHASSEN CITY CODE CON- CERNING COMMERCIAL STABLES AND KENNELS IN THE BF, FRINGE BUSINESS DISTRICT The ordinance amendment will allow commercial stables and kennels as a con- ditional use in the, BF District. These standards have been incorporated into Chapter 5, Animals and Fowl, to aid in issuing permits and provide standards to control these establishments. Passed and adopted by the Chanhassen City Council this llth day of March, 1996. Sharmin Al-Jaff, Planner 11 937-1.900 ext. 120 (Published in the Chanhassen Villager on Thursday, March 21, 1996; No. 2663) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers 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. - , 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 alphabetfrom 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: abcdefghijklmnopgrstu xy B Stan Rolfsrud, Gener anager or his designated agent Subscribed and sworn before me on this_ day of ti1996 QwPw MnAov=Lry RATE INFORMATION Notary Public �� PUBtJG-�NNNESQTA �A1f �N�S3iON EXP�iES 1.31-0p Lowest classified rate paid by commercial users for comparable space ......... $11.00 per column inch Maximum rate allowed by law for the above matter......................................$11.00 per column inch Rate actually charged for the above matter...................................................$7.67 per column inch