Ordinance 355CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.355
AN ORDINANCE AMENDING CHAPTER 1
CHANHASSEN CITY CODE,
GENERAL PROVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
In the construction of this Code and of all ordinances the rules and definitions set out
in this section shall be observed unless such construction would be inconsistent with the
manifest intent of the city council. The rules of construction and definitions set out
herein shall not be applied to any section of this Code which shall contain any express
provision excluding such construction or where the subject matter of the context of such
section may be repugnant thereto. Numbers in parenthesizes following a definition
represent specific chapters of the Code in which a definition applies.
• Generally. All general provisions, terms, phrases and expressions contained in this
Code shall be liberally construed in order that the true intent and meaning of the city
council may be fully carried out. In the interpretation and application of any provision of
this Code, they shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare. Where any
provision of the Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
DEFINITIONS
Abandoned vehicle means a vehicle, as defined below, that has remained for a period of
more than forty-eight (48) hours on public property illegally or lacking vital component
parts, or does not have a current license, or has remained for a period of more than forty-
eight (48) hours on private property without consent of the person in control of such
property or in an inoperable condition such that it has no substantial potential further use
consistent with its usual functions unless it is kept in an enclosed garage or storage
building. "Abandoned vehicle" also means a motor vehicle voluntarily surrendered by its
owner to the city. A classic car or pioneer car, as defined in Minnesota Statutes section
168.10, shall not be considered an abandoned vehicle. Vehicles on the premises of
• junkyards and automobile graveyards, which are defined, maintained and licensed in
accordance with Minnesota Statutes section 161.242, or which are licensed and
maintained in accordance with local laws and zoning regulations, are not abandoned
vehicles. (13)
Abnormal or excessive noise shall mean (a) distinct and loudly audible noise that
unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any
person or precludes their enjoyment of property or affects their property's value, (b) noise
in excess of that permitted by Minnesota Statutes Section 169.69, as it may be amended
from time to time, which requires every motor vehicle to be equipped with a muffler in
good working order, or (c) noise in excess of that permitted by Minnesota Statutes
Section 169.693 and Minnesota Rules parts 7030.1000 through 7030.1050, as this statute
and these rules may be amended from time to time, which establish motor vehicle noise
standards. (13)
Accessory structure or facility, Water -oriented see Water -oriented accessory structure
or facility.
Accessory use or structure means a use or structure subordinate to and serving the
principal use or structure on the same lot and clearly and customarily incidental thereto.
Accessory agricultural buildings include structures such as barns and silos. (20)
Adult arcade means any place to which the public is permitted or invited wherein coin -
operated or slug -operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image -producing devices are maintained to
show images to five (5) or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting or describing of
"specified sexual activities" or "specified anatomical areas." Also see Sexually oriented
business. (10)
Adult bookstore, adult video store, or adult store means a commercial establishment
which as one of its principal business purposes offers for sale or rental for any form of
consideration any one (1) or more of the following: (1) Books, magazines, periodicals or
other printed matter, or photographs, films, motion pictures, video cassettes or video
reproductions, slides, or other visual representations which depict or describe "specified
sexual activities" or "specified anatomical areas;" or (2) Instruments, devices, or
paraphernalia which are designed for use in connection with "specified sexual activities."
Also see Sexually oriented business. (10)
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment
which regularly features: (1) Persons who appear in a state of nudity; or(2) Live
performances which are characterized by the exposure of "specified anatomical areas" or
by "specified sexual activities"; or(3) Films, motion pictures, video cassettes, slides, or
other photographic reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas." Also see Sexually
oriented business. (10)
Adult massage parlor means a massage parlor which excludes minors by reason of age,
or which provides, for any form of consideration, the rubbing, stroking, kneading,
tapping, or rolling of the body, if the service provided by the massage parlor is
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas." Also see Sexually oriented business. (10)
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical areas";
and has a sign visible from the public right of way which advertises the availability of
this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a
period of time that is less than ten (10) hours; or (3) Allows a tenant or occupant of a
sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Also see Sexually oriented business. (10)
Adult motion picture theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas." Also see Sexually oriented
business. (10)
Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified anatomical areas" or
• by "specified sexual activities." Also see Sexually oriented business. (10)
Advertising sign see Sign, advertising.
Aerosol paint container means any aerosol container that is adapted or made for the
purpose of applying spray paint or other substances capable of defacing property. (13)
Ag/Urban Wetlands see Wetlands, ag/urban.
Agriculture means the commercial use of land for raising of livestock and poultry,
growing and producing of fruits, vegetables, field crops and nursery stock, including tree
farms and choose -and -cut Christmas tree sales. The term does not include the commercial
raising of fur -bearing animals, nor the operation of riding academies, commercial stables
or kennels. (20)
Air Circulation Device. Means a mechanism designed and used for the controlled flow of
air used in ventilation, cooling, heating, or conditioning, but not limited to, central and
window air conditioning units.
Alarm system means any equipment or device which emits an audible, visual, or electric
signal upon the detection of a potential burglary, robbery, fire, medical emergency,
trespass, or property intrusion. "Alarm system" does not include anti -theft or tampering
alarms installed in any motor vehicle. "Alarm system" does not include smoke detectors
which emit only an audible alarm signal and which are installed within individual
dwelling units. (3)
Alarm user means any person in control of any building, structure, facility or tract of
• land wherein or whereon an alarm system is used or maintained within the city. (3)
Alarm, False see False alarm.
Alley means a public right-of-way which is used primarily for secondary vehicular
service access to the back or the side of properties abutting on a street. (18) (20)
Alteration means any change or rearrangement, other than incidental repairs, in the
supporting members of an existing building, such as bearing walls, columns beams,
girders or interior partitions, as well as any change in doors or windows, or any
enlargement to or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one (1) location to another. (20)
Alternate system shall mean an individual sewage treatment system employing methods
and devices presented in Minnesota Rules Chapter 7080.0910 subpart 3. (19)
Anatomical areas, Specified see Specified anatomical areas.
Animal feedlot means land or buildings used for the confined feeding, breeding, raising
or holding of livestock and poultry where the concentration of animals is such that a
vegetative cover cannot be maintained within the enclosure. Pastures are not considered
animal feedlots. (20)
• Animal, Dangerous see Dangerous animal.
Antenna means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including, but not limited to, directional antennas, such as panels,
microwave dishes, and satellite dishes; and omni directional antennas, such as whip
antennas. (20)
Applicable laws means any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise, permit, writ, ruling, award, executive order, directive,
requirement, injunction (whether temporary, preliminary or permanent), judgment, decree
or other order issued, executed, entered or deemed applicable by any governmental
authority. (7.5)
Approved firearms safety course means a program of instruction in the safe and
proficient use of any firearm which is sponsored: 1) By any accredited private or public
school system; or 2) By the commissioner of natural resources pursuant to Minnesota
Statues section 97.81. (11)
Approved. Approved by the code official. (7)
Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and
educational purposes. (20)
• Area, Buildable see Buildable area.
Area, Lot see Lot area.
Arterial street see Street, arterial.
• Association, Homeowners see Homeowner association.
At large means off the premises of the owner and not under restraint. (5)
Authority means the city or its agent or designee. (19)
Authority, Delegation of see Delegation of authority.
Authority, Joint see Joint authority.
Authority, Platting see Platting authority.
Auto service center means an integrated group of commercial establishments or single
establishments planned, developed, and managed as a unit with off-street parking
provided on site and providing uses engaged primarily in the supplying of goods and
services generally required in the operation and maintenance of motor vehicles. These
may include sale and servicing of tires, batteries, automotive accessories, replacement
items, washing and lubricating services, and the performance of minor automotive
maintenance and repair. This does not include major body repair where it is necessary to
provide long term storage of cars and body parts. (20)
Automobile means a self-propelled, free moving vehicle with four wheels used to
transport not more than seven (7) passengers and licensed by the appropriate agency as a
passenger vehicle. (20)
Awning sign see Sign, awning.
Backstop, suitable see Suitable backstop.
Balcony means a platform, minimum of seven and one-half (71/2) feet above the ground,
that projects from the wall of a building and is surrounded by an open railing. (20)
Banner sign see Sign, banner.
Basement. That portion of a building which is partly or completely below grade. (7)
Basic cable service means any service tier which includes the retransmission of local
television broadcast signals. Basic cable service as defined herein shall not be
inconsistent with 47 USC § 543(b)(7) (1993). (7.5)
Bathroom. A room containing plumbing fixtures including a bathtub or shower. (7)
Beach lot, Recreational see Recreational beach lot.
Bed and breakfast means an owner -occupied single-family home in which not more than
five (5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive
days by the same person. Meals may or may not be provided to residents and overnight
guests. (20)
Bedroom. Any room or space used or intended to be used for sleeping purposes.
• Best available control technology (BACT) means the utilization of those technologies,
processes, procedures, or operating methods or alterations by an industry or other source
which results in the elimination or the maximum achievable reduction of odor pollution
from an odor emission point source. (20)
Biochemical Oxygen Demand (BODS) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty (20) degrees centigrade, expressed in milligrams per liter, as prescribed in
Standard Methods, current edition. (19)
Block means an area of land within a subdivision that is entirely bounded by streets, or
by streets and the exterior boundary or boundaries of the subdivision, or a combination of
the above with a waterway or any other barrier to the continuity of development. (20)
Bluff impact zone means a bluff and land located within twenty (20) feet from the top of
a bluff. (20)
Bluff means a natural topographic feature such as a hill, cliff, or embankment having the
following characteristics: (1) The slope rises at least twenty-five (25) feet above the toe
of the bluff; and (2) The grade of the slope from the toe of the bluff to a point twenty-five
(25) feet or more above the toe of the bluff averages thirty (30) percent or greater. (3) An
area with an average slope of less than eighteen (18) percent over a distance for fifty (50)
• feet or more shall not be considered part of the bluff. (20)
Bluff, side of means a point at which both conditions for a "bluff" no longer exist. The
side of the bluff is delineated by a line connecting the top and toe of a bluff at a location
in which the slope of the bluff is less than thirty (30) percent or the change in elevation
becomes smaller than twenty-five (25) feet. (20)
Bluff, toe of means the point on a bluff where there is, as visually observed, a clearly
identifiable break in the slope, from flatter to steeper slope above. If no break in the slope
is apparent, the toe of the bluff shall be determined to be the lower end of a fifty -foot
segment, measured on the ground, with an average slope exceeding eighteen (18) percent.
(20)
Bluff, top of means the point on a bluff where there is, as visually observed, a clearly
identifiable break in the slope, from steeper to gentler slope above. If no break in the
slope is apparent, the top of the bluff shall be determined to be the upper end of a fifty -
foot segment, measured on the ground, with an average slope exceeding eighteen (18)
percent. (20)
Boarder means an individual other than a member of the family occupying the dwelling
unit or part thereof who for a consideration is furnished meals or other services. (20)
• Boardinghouse means a dwelling or part thereof in which lodging is provided by the
owner or operator to three (3) or more boarders. (20)
Z
Boat trailer means any device used to transport any watercraft when pulled behind any
• motor vehicle. (12)
Boathouse means a structure designed and used solely for the storage of boats or boating
equipment. (20)
Body shop is an establishment primarily engaged in the repair of auto bodies, automotive
painting and refinishing. (20)
Boulevard means that portion of the street right-of-way between the curb line and the
street boundary line. (12) (18) (20)
Brake, Engine Retarding see Engine retarding brake.
Broad -tipped marker means any felt tip indelible marker or similar implement with a flat
or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an
inch, containing ink or other pigmented liquid that is not water soluble. See Graffiti
implement. (13)
Buffer strip means an area of nondisturbed ground cover abutting a wetland left
undisturbed to filter sediment, materials, and chemicals. (20)
Buildable area means the area of a lot remaining after the minimum yard and open space
requirements of Chapter 20 have been met. (20)
• Building coverage means the horizontal area from the outside edge of the exterior walls
of the ground floor of all principal and accessory buildings on a lot. (20)
Building drain means that part of the horizontal piping of a building drainage system
with receives the discharge from all other soil, waste and drainage pipes inside the walls
of any building an conveys the same to the building sewer. (19)
Building height means the vertical distance between the highest adjoining ground level at
the building or ten (10) feet above the lowest ground level, whichever is lower, and the
highest point of a flat roof or average height of the highest of the highest gable of a
pitched or hipped roof. (20)
Building line means a line parallel to a lot line or the ordinary high water level at the
required setback beyond which a structure may not extend. (20)
Building setback line means a line on a lot, generally parallel to a lot line, high water
mark, shoreline or roadway right-of-way line, located a sufficient distance therefrom to
provide the minimum yards required by Chapter 20. The building setback lines delimit
the area in which buildings and other regulated structures are permitted subject to all
applicable provisions of Chapter 20. (20)
Building sewer see Sewer, building.
• Building, Conforming see Conforming building or structure.
VA
Building, principal means a building in which is conducted the primary or predominant
• use of the lot. (20)
Building, Storage see Storage Building.
Bulletin board sign see Sign, bulletin board.
Business directory sign see Sign, business directory.
Business Hours, Normal see Normal business hours.
Business sign see Sign, business.
Sign, business means a sign which directs attention a business or profession conducted,
or to a commodity or service sold, offered or manufactured, or to an entertainment
offered on the premises where the sign is located.
Cable Act means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98
Stat. 2779 (1984) (codified at 47 USC §§ 521-611 (1982 & Supp. V 1987)) as amended
by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No.
102-385 and the Telecommunications Act of 1996, Pub. L. No. 104-458 and as the same
may, from time to time, be amended. (7.5)
Cable service means (1) The one-way transmission to subscribers of (i) video
• programming, or (ii) other programming service; and (2) Subscriber interaction, if any,
which is required for the selection or use of such video programming or other
programming service. (7.5)
Cable service, Basic see Basic cable service.
Cable television system, or cable system means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that
is designed to provide cable service which includes video programming and which is
provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations; (2) A facility that serves subscribers without using any
public rights -of -way; (3) A facility of a common carrier which is subject, in whole or in
part, to the provisions of 47 USC §§ 201-226, except that such facility shall be
considered a Cable System (other than for purposes of 47 USC § 541) to the extent such
facility is used in the transmission of video programming directly to subscribers; unless
the extent of such use is solely to provide interactive on -demand services; (4) An open
video system that complies with Section 653 of the Cable Act; or (5) Any facilities of
any electric utility used solely for operating its electric utility system. (7.5)
Caliper, tree see Tree caliper.
Campaign sign see Sign, campaign.
• Canopy coverage shall mean the area on a horizontal plane that is located under the
crowns of all the trees on the site. (20)
Canopy sign see Sign, Canopy.
• Carry means the handling or transportation of a firearm concealed or otherwise outside a
person's domicile. (11)
Certificate of compliance shall mean a document written after a compliance inspection,
certifying that a system is in compliance as specified in Minnesota Rules Chapter
7080.0060, and this article. A qualified employee or licensee must sign the document.
(19)
Changeable copy sign see Sign, changeable copy.
Channel or cable channel means a portion of the electromagnetic frequency spectrum
which is used in a cable system and which is capable of delivering a television channel as
defined by the Federal Communications Commission. (7.5)
Church means a building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person who is
authorized under the laws of the State of Minnesota to solemnize marriages. A church
may include living quarters for persons employed on the premises and classroom
facilities. The following are not considered as churches: camp meeting grounds, mikvahs,
coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants
during spiritual retreats extending for periods of more than one (1) day. Bible camps with
• live-in quarters, publishing establishments, ritual slaughter houses, radio or television
towers and transmission facilities, theological seminaries, day care centers, hospitals, and
drug treatment centers are not churches. (10) (20)
City. The word "city" means the City of Chanhassen, Carver and Hennepin Counties,
Minnesota. (1) (19)
City clerk. References to the "city clerk" or "clerk" are to the city clerk/manager. (1)
City council or council. The words "city council" or "council" mean the city council of
Chanhassen, Minnesota. (1)
City engineer. References to the city engineer, director of public works or public works
director are to the director of public works/city engineer.
City manager means the city manager of the City of Chanhassen. References to the "city
manager" or "manager" are to the city clerk/manager. (1) (10)
Clear -cutting means the removal of an entire stand of trees. (20)
Clearing Vegetation, Intensive see Intensive vegetation clearing.
Clearing, Vegetation see Vegetation clearing.
• Cluster development means a pattern of development that arranges the layout of
buildings on a compact area of the site so as to reserve a portion of the site for common
open space or green space that is protected in perpetuity.
0
Code. The word "Code" means the Chanhassen City Code as designated in section 1-1.
• (1)
Code Official. The official who is charged with the administration and enforcement of
this code, or any duly authorized representative.
Collection means the aggregation of mixed municipal solid waste from the place at which
it is generated and includes all activities up to the time the waste is delivered to a waste
facility. (16)
Collector Street see Street, Collector.
Combined sewer see Sewer, Combined.
Commercial establishments means any premises where a commercial, industrial or
agricultural enterprise of any kind is carried on, and includes clubs, churches and schools.
(16)
Commercial kennel see Kennel, commercial.
Commercial stables see Stables, commercial.
Commercial wireless telecommunication service means licensed commercial wireless
telecommunication services, including cellular, personal communication services (PCS),
• specialized mobilized radio (SMM), enhanced specialized mobilized radio (ESMR),
paging, and similar services that are marketed to the general public. (20)
Commingled (e.g., dumpster-type) residential collection means collection from any
building consisting of more than one (1) dwelling unit wherein each unit has an
individual kitchen and wherein the mixed municipal solid waste of each unit is mixed
with the waste of other units prior to the collection efforts of licensed haulers. (16)
Commissioner means the state commissioner of natural resources acting directly or
though his authorized agents. (6)
Community Center means a place, structure, area, or other facility used for educational,
social, or recreational programs generally open to the public and designed to
accommodate and serve significant segments of the community, and may have outdoor
recreational facilities.
Community sewer system see Sewer System, Community.
Compliance inspection shall mean any evaluation, inspection, or other process to make
conclusions, recommendations, or statements regarding an individual sewage treatment
system to reasonably assure an individual sewage treatment system is in compliance with
regulations. (19)
• Compliance plan means an agreement between a significant odor generator and the city.
(20)
10
Compliance, Certificate of see Certificate of compliance.
• Condemn. To adjudge unfit for occupancy.
Conference%onvention center means a preplanned, centrally managed development
containing facilities for business or professional conferences and seminars and containing
accommodations for overnight lodging, eating and recreation. The development is
characterized by architecturally integrated buildings, common use of parking areas, and
incorporation of passes recreational amenities into overall site design. (20)
Conforming building or structure means any building or structure which complies with
all the regulations of Chapter 20, or any amendment thereto. (20)
Conjunctions. "Or" may be read "and," and "and" may be read "or" if the sense requires
it. (1)
Conservation Easement see Easement, conservation.
Construction debris means waste building materials, packaging and rubble resulting
from construction, remodeling, repair, and demolition of buildings and roads. (16)
Construction sign see Sign, construction.
Contractor: 1) Someone (a person or firm) who contracts to build things; 2) (law) a
. party to a contract. (17)
Contractor's yard means any area or use of land where vehicles, equipment, and/or
construction materials and supplies commonly used by building, excavation, roadway
construction, landscaping and similar contractors are stored or serviced. A contractor's
yard includes both areas of outdoor storage and areas confined within a completely
enclosed buildings used in conjunction with a contractor's business. (20)
Convenience store means a retail establishment which generally sells a limited range of
food products, nonprescription drugs, candy and other perishable goods. This includes
soda and similar beverage dispensing and food products, which can be heated and/or
prepared onsite, and has over four hundred (400) square feet of floor area for retailing of
nonautomotive goods. (20)
Convenience store with gas pumps means a retail establishment which generally sells
gasoline from pump islands and a limited range of food products, nonprescription drugs,
candy and other perishable goods. This includes soda and similar beverage dispensing
and food products which can be heated and/or prepared onsite, and has over four hundred
(400) square feet of floor area for retailing of nonautomotive goods. (20)
Corner Lot see Lot, corner.
Corporation counsel or municipal counsel or city counsel means the city attorney.
• Council means the City Council of the City of Chanhassen, Minnesota. Also see City
Council. (7.5)
11
County board shall mean the Carver or Hennepin County board of commissioners. (19)
• County. The word "county" means Carver County or Hennepin County, or both Carver
and Hennepin Counties, as appropriate. (1) (9)
Coverage, Building see Building coverage.
Coverage, Canopy see Canopy coverage.
Coverage, Lot see Lot coverage.
Critical root zone means an area twelve (12) times the tree diameter at DBH measured
from the base of the tree. (20)
Cross bar means that portion of any "L" shaped or "T" shaped seasonal dock or
permanent dock which is approximately parallel in alignment to the abutting shoreline or
abutting ordinary high water mark. See dock cross bar. (6)
Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-
around for the safe and convenient reversal of traffic movement. (18) (20)
Dangerous animal means: (1) Any animal with a known propensity or disposition to
unprovoked attacks, to cause injury to or to otherwise endanger the safety of humans or
other domestic animals. (2) Any animal that has attacked or bitten any person, except a
• person that has tormented or abused it.
Dangerous weapons mean slingshots, clubs, blackjacks, spring guns, brass or metal
knuckles or any knife with a switch blade which opens automatically under spring
pressure with a button or release mechanism or by any other mechanical contrivance. (11)
Day care center means any facility or home where tuition, fees or other forms of
compensation is charged for the care of children and which is licensed by the state as a
day care center. (20)
DBH means diameter measured at breast height (4.5 feet above the ground). (20)
Debris, Construction see Construction debris.
Deck means a horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site. (20)
Delegation of authority. Whenever a provision appears requiring the head of a
department or some other city officer to do some act or perform some duty, it is to be
construed to authorize the head of the department or other officer to designate, delegate
and authorize subordinates to perform the required act or perform the duty unless the
terms of the provision or section specify otherwise. (1)
• Delineation report, Wetland see Wetland delineation report.
Delineation, Wetland see Wetland delineation.
12
Density, gross see Gross Density.
Density, net means the quotient of the total number of dwelling units divided by the
developable acreage of the site. Developable acreage excludes wetlands, lakes, roadways,
and other areas not suitable for building purposes.
Department of public works. The department of public works shall consist of both the
public works department and engineering department.
Depth, Lot see Lot depth.
Designated woodland area means an area within a development that has been designated
in the woodland management plan as a tree preservation, forestation or replacement
planting area. (20)
Development identification sign see Sign, development identification.
Development means the division of a parcel of land into two (2) or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation or enlargement
of any structure; any mining excavation, landfill or land disturbance, and any use or
extension of the use of land. (20)
Development, Cluster see Cluster development.
is
Development, residential see Residential development.
Direct glare means an excessive brightness contrast producing a sensation of visual
discomfort resulting from insufficiently shielded light source in the field of view. (13)
Directional sign see Sign, directional.
Dismantled firearm means any unloaded firearm or bow which is dismantled in such a
manner so as to prevent shooting.
Display area, sign see Sign display area.
Display. The term "display" means the keeping, storing, or permitting to be kept or stored
of an alcoholic beverage which has been poured, dispensed or has had its package seal
broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to
the general public, except when the alcoholic beverage is stored in a normal storage area
during non -sale hours. (10)
Disposal system (SDS) permit, State see State disposal system (SDS) permit.
District, Residential see Residential district.
Diving tower means a floating or nonfloating structure designed for diving purposes and
• which projects over the surface or surrounding waters by more than five (5) feet. (6)
13
Dock crossbar means that portion of any "L" shaped or "T" shaped dock which is
approximately parallel in alignment to the adjoining shoreline or ordinary high water
mark. See cross bar. (20)
Dock means a wharf, pier, or other structure constructed or maintained, whether floating
or not, including all 'Us," "T's" or posts which may be a part thereof, whether affixed or
adjacent to the principal structure. (6) (20)
Dock setback zone means the area inside and running parallel to and ten (10) feet from
the extended lot lines of a lot abutting a lake. "Extended lot lines" means an extension of
the side lot lines one hundred (100) feet into a lake from and at a right angle to a line
drawn between the intersection of each side lot line and the ordinary high water mark. If
the extended lot lines of adjoining lots overlap, then the common extended lot line
between the lots shall be at an angle which equally divides the area of overlap. (6) (20)
Dock, Permanent see Permanent dock.
Dock, Seasonal see Seasonal dock.
Double Frontage Lot, see Lot, double frontage.
Drain, Building see Building drain.
Drive-in use means an establishment which by design, physical facilities, service, or by
• packaging procedures encourages or permits customers to receive services, obtain goods,
or be entertained while remaining in their motor vehicle. This term includes having
"drive-thru" windows. (20)
Driver means every person who drives or is in physical control of a vehicle. (14)
Driveway means a private access from a street to an individual lot. (18) (20)
Drugs means any controlled substance, as defined by chapter 152 of Minnesota Statutes,
the possession of which is a violation of Minnesota Statutes Section 152.09. (14)
Dwelling means a building or portion thereof designed, occupied or intended to be
occupied exclusively for residential purposes, but not including hotels, motels, nursing
homes, travel trailers, motorhomes or bed and breakfast tourist homes. (20)
Dwelling unit means one (1) or more rooms which are connected together as a single unit
constituting complete, separate and independent living quarters for one or more persons,
physically separated from any other room or dwelling unit which may be in the same
building and containing permanent cooking, eating, sleeping and sanitary facilities for the
exclusive use of a single family maintaining a household. (7)(20)
Dwelling, manufactured, also called mobile home, means a factory -built structure which
is transportable in one (1) or more sections on its own running gear or chassis, and which
is
is equipped with necessary utility service connections and designed to be used for single-
family occupancy with or without a permanent foundation. Such dwellings measure
14
twenty (20) feet or more in width and forty (40) feet or more in length, exclusive of
• supporting members or hitches. (20)
Dwelling, multifamily means a detached building containing three (3) or more dwelling
units. Apartment buildings, condominiums, manor homes, quad -duplexes, and
cooperatively owned buildings containing three (3) or more dwelling units are
multifamily dwellings. (20)
Dwelling, residential means any single building consisting of two (2) or less dwelling
units with individual kitchen facilities for each. (16)
Dwelling, single-family means a building containing one (1) dwelling unit. A) Dwelling,
Single-family attached. A residential building containing one dwelling unit, including
detached, semi-detached and attached dwellings. B) Dwelling, Single-family detached.
One dwelling unit having open space on all four sides. (20)
Dwelling, townhouse means a single-family attached dwelling in a row of at least three
(3) such units in which each unit has its own front and rear access to the outside, no unit
is located over another unit and each unit is separated from the adjoining unit by one (1)
or more common fire resistant walls having no openings and extending from the
basement to the roof. (20)
Dwelling, two-family means a detached building containing two (2) dwelling units. Two-
family (attached) dwelling is a type of low density dwelling. (20)
Earth work or work the earth: Excavating, mining, filling or grading. (7)
Easement means a right afforded a person or governmental/public unit to use another's
real property for a specific purpose. (18) (20)
Easement, conservation means an easement created where restrictions are imposed on
the development or alteration of property to preserve natural features. (20)
Ecosystem means a community of interacting animals, plants and microorganisms and
the physical and chemical environment in which they live. (20)
Educational or government access facilities or PEG access facilities, Public see Public
educational or government access facilities or PEG access facilities. (7.5)
Electrical Substation means a subsidiary station is which electrical current is
transformed.
Emission means a release of air contaminants causing an odor into the outdoor
atmosphere. (20)
Encased firearm means any unloaded firearm or bow, placed in a case which is tied or
otherwise secured in the manner provided, to prevent shooting it. (11)
Engine retarding brake shall mean a Dynamic Brake, Jake Brake, Jacobs Brake,
C-Brake, Paccar Brake, transmission brake or other similar engine retarding brake system
15
which alters the normal compression of the engine and subsequently releases that
• compression. (13)
Escort agency means a person or business association who furnishes, offers to furnish, or
advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or
other consideration. (10)
Escort means a person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person. (10)
Establishment means and includes any of the following: (1) The opening or
commencement of any sexually oriented business as a new business; (2) The conversion
of an existing business, whether or not a sexually oriented business, to any sexually
oriented business; (3) The addition of any sexually oriented business to any other existing
sexually oriented business; or (4) The relocation of any sexually oriented business. (10)
Etching equipment means any tool, device or substance that can be used to make
permanent marks on any natural or manmade surface. (13)
Excavation or mining (1) The removal of the natural surface of the earth, whether sod,
dirt, soil, sand, gravel, stone, or other matter, creating a depression. (2) Any area where
the topsoil or overburden has been removed for the purpose of removing earthly deposits
or minerals. (3) Any area that is being used for stockpiling, storage, and processing of
• sand, gravel, black dirt, clay, and other minerals. (7)(17)
Experimental system shall mean any system which is considered new technology with
limited data on reliability. (19)
Exterior property. The open space on the premises and on adjoining property under the
control of owners or operators of such premises. (7)
Extermination. The control and elimination of insects, rats or other pests by eliminating
their harborage places; by removing or making inaccessible materials that serve as their
food; by poison spraying, fumigating, trapping or by any other approved pest elimination
methods. (7)
Facade means that portion of any exterior elevation of a building exposed to public view
extending from grade to the top of the parapet wall or eaves and the entire width of the
building elevation. (20)
Failing system shall mean a system that discharges sewage to a seepage pit, cesspool,
drywell, or leaching pit and any system with less than three (3) feet of soil or sand
between the bottom of the distribution medium and the saturated soil level or bedrock. In
addition, any system posing an imminent threat to public health or safety shall be
considered failing. (19)
• Fallow land shall mean land that is un-cropped and kept cultivated throughout a growing
season. Vegetative cover is less than twenty-five (25) percent. Any land that is
16
uncropped and cultivated during the months of September through May where a crop will
is be grown the following season is not considered fallow land. (19)
False alarm means an alarm signal eliciting a response by public safety personnel when a
situation requiring a response does not exist, and which is caused by the activation of the
alarm system through mechanical failure, alarm malfunction, improper installation or the
inadvertence of the owner or lessee of the alarm system or of his employees or agents.
"False alarm" does not include an alarm caused by climatic conditions such as tornadoes,
thunderstorms, utility line mishaps, violent conditions of nature or any other conditions
which are clearly beyond the control of the alarm manufacturer, installer or alarm user.
(3)
Family means one (1) or more persons occupying a premises and living as a single
relatively permanent housekeeping unit, as distinguished from a group occupying a
boarding house or a hotel. (7)(20)
Farm, Petting see Petting farm.
Fast food restaurant see Restaurant, fast food.
Feedlot, Animal see Animal feedlot. (20)
Fence means a structure serving as an enclosure, barrier, or boundary, usually made of
posts, chain link, masonry, boards, rails or other materials. (20)
• Festive flag/banner sign see Sign, festive flag/banner.
Filling or grading. To change the contour of the land.
Fire chief or fire marshal means, respectively, the fire chief or fire marshal of the city.
(9)
Fire department means the city's fire department. (9)
Firearm means any gun, pistol, rifle, shotgun, B-B gun, pellet gun, bow, or any device
capable of discharging arrows, slugs, or blanks, metal projectiles or paint.
Firearm, Dismantled see Dismantled firearm.
Firearm, encased see Encased firearm.
Firearms safety course, Approved see Approved firearms safety course. (11)
Flag Lot see Lot, flag/neck.
Flag sign see Sign, flag.
• Flashing sign see Sign, flashing.
Flood fringe means that portion of a floodplain outside the floodway. (20)
17
Flood plain means the land adjacent to a body of water which has been or may be
• hereafter covered by flood water, including that land covered by the regional flood. The
flood plain consists of the floodway and the flood fringe area. (20)
Flood, regional means a flood which is representative of large floods known to have
occurred generally in the state and reasonably characteristic of what can be expected to
occur on an average frequency once every one hundred (100) years. (20)
Floodway means the minimum channel of a watercourse and those portions of a flood
plain adjoining the channel that are reasonably required to discharge the regional flood.
(20)
Floor area means the sum of the gross horizontal areas of the several floors of a building
measured from the exterior faces of the exterior walls or from the centerline of walls
separating two (2) buildings. The floor area of a building shall include basement floor
area, penthouses, attic space having headroom of seven (7) feet or more, interior
balconies and mezzanines, enclosed porches and floor area devoted to accessory uses.
However, any space devoted to mechanical equipment, stairwells, elevator shafts, parking
or loading shall not be included in the floor area. (20)
Floor area ratio (F.A.R.) means the numerical value obtained by dividing the floor area
of all buildings on a lot by lot area. (20)
Franchise agreement means a franchise granted pursuant to Chapter 7.5 of Chanhassen
. City Code containing the specific provisions of the franchise granted, including
references, specifications, requirements and other related matters. (7.5)
Franchise fee means any tax, fee or assessment of any kind imposed by the city or any
other governmental authority on a grantee or cable subscriber, or both, solely because of
their status as such. The term "franchise fee" does not include: (i) any tax, fee or
assessment of general applicability (including any such tax, fee or assessment imposed on
both utilities and cable operators or their services but not including a tax, fee, or
assessment which is unduly discriminatory against cable operators or cable subscribers);
(ii) capital costs which are required by the franchise agreement to be incurred by the
grantee for PEG Access Facilities; (iii) requirements or charges incidental to the
awarding or enforcing of the franchise, including payments for bonds, security funds,
letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any
fee imposed under 17 USC. (7.5)
Franchise means an initial authorization, or renewal thereof, issued by the city, whether
such authorization is designated as a franchise, permit, license, resolution, contract,
certificate, agreement or otherwise, which authorizes the construction or operation of a
cable system over publicly owned rights -of -way. (7.5)
Freestanding/pole/pylon sign see Sign, freestanding/pole/pylon.
• Front Lot Line see Lot line, front.
Front Yard see Yard, front.
18
Frontage, Lot see Lot frontage.
• Frontage, Street see Street frontage.
Furnishings, Site see Site Furnishings.
Garage means a structure which may or may not be attached to the principal structure
used primarily for the enclosure of personal vehicles. (20)
Garbage and Refuse collector see Refuse and garbage collector.
Garbage means putrescible animal, vegetable and organic wastes resulting from the
handling, preparation, cooking, service and consumption of food. (7) (16) (19)
Garden center means a place of business where retail and wholesale products and
produce are sold to the retail consumer. These centers, which may include a nursery
and/or greenhouses, import most of its items sold. These items may include paints,
handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn and
garden power equipment and machinery, hoes, rakes, shovels and other garden and farm
tools and utensils. (20)
Gender. A word importing the masculine gender only shall extend and be applied to
females and to firms, partnerships and corporations as well as to males. (1)
• General. Words and phrases defined in this section have, when used in this Article, the
meanings given below. Any other word or phrase used in this Article, and defined in
regulations of the Minnesota Pollution Control Agency Noise Pollution Control Rules
Chapter 7030, has the meaning given in those regulations.
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Generator means any person who produces or causes the production of mixed municipal
solid waste. (16)
Glare means light emitting from a luminaire with an intensity great enough to reduce
viewers' ability to see and, in extreme cases, causing momentary blindness. (20)
Glare, Direct see Direct glare.
Golf Course, regulation or par -three. A facility other than a miniature golf course for
the playing of golf at which there may be a clubhouse including restrooms and locker
rooms. A golf course may provide additional services customarily furnished such as
swimming, outdoor recreation, and related retail sales that may include a restaurant and
cocktail lounge if approved as a part of the required use permit.
Governmental authority means any court or other federal, state, county, municipal or
other governmental department, commission, board, agency or instrumentality. (7.5)
Governmental sign see Sign, governmental.
IVE
Grade means the average level of the finished surface of the ground adjacent to the
exterior walls of the building or structure or the degree of use or descent of a sloping
surface, expressed in percentage terms. (20)
Grading or filling see Filling or grading.
Graffiti implement means an aerosol paint container, a broad -tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other device capable of
scarring or leaving a visible mark on any natural or manmade surface. (13)
Graffiti means any unauthorized inscription, word, figure, painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or
other wise affixed to any surface of public or private property by any graffiti implement,
to the extent that the graffiti was not authorized in advance by the owner or occupant of
the property, or despite advance authorization is otherwise deemed a public nuisance by
the city council. (13)
Graffiti stick, Paint stick see Paint stick or graffiti stick.
Grantee means any person receiving a franchise pursuant to this division and its agents,
employees, officers, designees, or any lawful successor, transferee or assignee. (7.5)
Grantor or city means the City of Chanhassen, Minnesota as represented by the council
or any delegate acting within the scope of its jurisdiction. The city administrator shall be
• responsible for the continuing administration of the franchise. (7.5) Also see Jurisdiction
Greenhouse means a building used for the cultivation or protection of plants, flowers,
vegetables and nursery stock for subsequent sale or for seasonable enjoyment. (20)
Gross revenues means all revenue received directly or indirectly by the grantee, its
affiliates, subsidiaries, parents, or any person in which grantee has a financial interest of
five (5) percent or more arising from or attributable, to the provision of cable service by
the grantee within the city including, but not limited to, monthly fees charged to
subscribers for basic cable service; monthly fees charged to subscribers for any optional
service; monthly fees charged to subscribers for any tier of service other than basic cable
service; installation, disconnection and reconnection fees; leased channel fees; converter
and remote revenues; advertising revenues; and revenues from home shopping channels.
Gross revenues shall be the basis for computing the franchise fees imposed pursuant to
section 7.5-30. Grantee shall not be required to pay a franchise fee on gross revenues
derived from any person receiving free cable service pursuant to a franchise agreement.
Gross revenues shall include franchise fees collected by grantee on behalf of the city.
(7.5)
Gross weight means the combined weight of a vehicle and load. Where licensing
provisions require that the gross weight be printed on the truck, this printed weight shall
be the gross weight. (12)
• Ground low profile business Sign see Sign, ground low profile business.
20
Group home means a state -licensed residential facility where persons reside for purposes
• of rehabilitation, treatment, or special care. Such persons may be orphaned, suffer
chemical or emotional impairment, or suffer social maladjustment or dependency. (20)
Guardian, Parent or see Parent or guardian.
Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
Habitat evaluation procedures (HEP) is a species -habitat data management system for
impact assessment developed by the U.S. Fish and Wildlife Service. Its purpose is to
document predicted impacts to fish and wildlife from proposed land and water resource
development projects. Habitat quality for selected key species is described by an index,
the Habitat Suitability Index (HSI). (20)
Habitat suitability index (HSI) is a fish or wildlife species -specific index value rating the
ability of key habitat components to supply essential life requirements for the species.
Index value ranges between 0 to 1.0. (20)
Habitat units (HU). Habitat suitability (HSI) multiplied by the area of habitat being
evaluated. HU's are used for comparing habitat quality from one wetland to the next or
for measuring the effectiveness of mitigation. HU's integrate both quality and quantity of
habitat. (20)
Hardship means the same as that term is defined in Minnesota Statutes, Chapter 462.
(20)
Health care facility means a state -certified or licensed facility or institution, whether
public or private, principally engaged in providing services for health maintenance,
diagnosis or treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital, mental hospital, public
health center, diagnostic center, treatment center, rehabilitation center, extended care
facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis
hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home
health care agency, boarding home or other home for sheltered care, and bioanalytical
laboratory or central services facility serving one (1) or more such institutions but
excluding institutions that provide healing solely by prayer. (20)
Health services means establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians, dentists, and other
health practitioners, medical and dental laboratories, out -patient care facilities, blood
banks, and oxygen and miscellaneous types of medical supplies and services. (20)
Height, Building see Building Height.
• Historic Site, significant see Significant historic site.
Holiday decoration sign see Sign, holiday decoration.
21
Home improvement trades means carpenter shops, interior decorating, painting and
• paper hanging shops, furniture upholstering and similar enterprises; but not including
contractor's yards. (20)
Home occupation means an occupation, profession, activity or use carried out for
potential gain by a resident that is clearly a customary, incidental, and secondary use of a
residential dwelling unit and which does not alter the exterior of the property or affect the
residential character of the neighborhood. (20)
Home occupation sign see Sign, home occupation.
Home, group see Group home.
Home, Model see Model home.
Home, Nursing see Nursing home.
Homeowner association means any private corporation, private club, unincorporated
association or nonprofit organization, which owns, leases or operates a recreational beach
lot, as that term is defined in the zoning ordinance, for the purpose of providing access to
any lake for its members, shareholders, owners and beneficiaries. (6)
Horse includes horses, colts, ponies, mules, burros, or llamas.
• Hotel means a facility offering transient lodging accommodations to the general public
and which may provide additional services such as restaurants, meeting rooms and
recreational facilities and where access to individual rooms is provided through an indoor
lobby or office. (20)
Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty
(40) pounds in weight that is usually and customarily considered a pet. (20)
Housekeeping Unit. A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and eating which does not
contain, within such unit, a toilet, lavatory and bathtub or shower. (7)
Illuminated sign see Sign, illuminated.
Imminent danger. A condition which could cause serious or life -threatening injury or
death at any time. (7)
Impact zone, Bluff, see Bluff impact zone.
Impact zone, shore, see Shore impact zone.
Impervious surface means any material that substantially reduces or prevents the
infiltration of storm water. It shall include, but not be limited to, gravel driveways,
• parking area, buildings and structures. (20)
22
Impoundment means the status of being in the physical custody of the police of any animal
• control officer of the city, including, without limitation, confinement in the city pound or in
the animal control officer's vehicle. (5)
Incinerator means any device used for the destruction of refuse or waste materials by
fire. (16)
Incorporation shall mean the mixing of septage with the topsoil by means such as
disking, moldboard plowing, or chisel plowing, to a minimum depth of six (6) inches.
(19)
Individual (e.g., curbside) residential collection means collection from any building
consisting of one (1) or more dwelling units wherein each unit has an individual kitchen
and wherein the mixed municipal solid waste of each unit is separately collected by
licensed haulers. (16)
Individual on -site sewer system means an alternative type sewer system for which the
septic tank and drainfield are located entirely on the property being served. Also see
Individual Sewage Treatment system. (19)
Individual sewage treatment system (ISTS) shall mean a sewage treatment system, or
part thereof, serving a dwelling or other establishment, or group thereof, and using
sewage tanks or advanced treatment followed by soil treatment and disposal. (19)
• Industrial Heating Equipment is an appliance, device or equipment used, or intended to
be used, in an industrial, manufacturing or commercial occupancy for applying heat to
any material being processed, but shall not include water heaters, boilers or portable
equipment used by artisans in pursuit of a trade.
Industrial, light see Light industrial.
Infestation. The presence, within or contiguous to, a structure or premises of insects,
rats, vermin or other pests. (7)
Informational sign see Sign, informational.
Initial service area means the area of the city which will receive cable service initially, as
set forth in any franchise agreement. (7.5)
Injection shall mean the process of directing the flow of septage under the surface of the soil.
Septage shall flow from the storage container or tank directly into the soil profile and shall
not be spread on the soil surface. (19)
Inspector shall mean the person or persons employed or engaged by the city and assigned
the responsibility for the administration and implementation of Chapter 19, Article IV.
(19)
• Installation means the connection of the system to a subscriber and the provision of cable
service. (7.5)
23
Institutional sign see Sign, institutional.
• Integral roof sign see Sign, integral roof.
Intensive vegetation clearing means the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block. (20)
Interest. The term "interest" as used in this article includes any pecuniary interest in the
ownership, operation, management or profits of a liquor establishment, but does not
include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts
or other obligations held with or without security arising out of the ordinary and regular
course of business or selling or leasing merchandise, fixtures or supplies to such
establishment; or any interest of five (5) percent or less in any corporation holding a city
liquor license. A person who receives monies, from time to time, directly or indirectly
from a licensee in the absence of a bona fide consideration therefore and excluding bona
fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license.
In determining "bona fide," the reasonable value of the goods or things received as
consideration for the payment of the licensee and all other facts reasonably tending to
prove or disprove the existence of any purposeful scheme or arrangement to evade any
prohibitions under this article shall be considered. (10)
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. (20)
• Interior Lot, see Lot, interior.
Intermittent light means any artificial light which flashes, revolves or fluctuates in such a
manner that the variance is easily distinguished by personal observation. (13)
Joint authority. All words giving a joint authority to three (3) or more persons or officers
shall be construed as giving such authority to a majority of such persons or officers. (1)
Junkyard means an area, lot, parcel, building or structure or part thereof where used,
waste, discarded or salvaged materials are bought, sold, exchanged, stored, abandoned,
baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron
and other metals, glass, paper, rags, rubber products, tires, bottles, building materials,
vehicle parts, household appliances, brush and lumber. A junkyard includes an
automobile wrecking dismantling yard, but does not include accessory uses established in
conjunction with a permitted manufacturing process when conducted within an enclosed
area or building. The storage of unlicensed and/or inoperable motor vehicles for a period
in excess of thirty (30) days shall also be considered a junkyard. (20)
Jurisdiction means the city. Also see Grantor or City.
Kennel, commercial means any place where a person accepts dogs and cats or other
domesticated animals, more than one year of age, from the general public and where such
• animals are kept for the purpose of selling, boarding, breeding, training, treating or
grooming. (5) (20)
24
Kennel, private means any place where three (3) or more dogs or cats over one (1) year
10 of age are kept or harbored, such animals being owned by the owner or lessee of the
premises wherein or whereupon the animals are kept or harbored. (5) (20)
Kitchen. A room or an area equipped for preparing and cooking food. (7)
Labeled. Devices, equipment, appliances, or materials to which has been affixed a label,
seal, symbol or other identifying mark of a nationally recognized testing laboratory,
inspection agency or other organization concerned with product evaluation that maintains
periodic inspection of the production of the above -labeled items and by whose label the
manufacturer attests to compliance with applicable nationally recognized standards.(7)
Lake means any body of water lying wholly or partially within the city and all parts, bays
and channels thereof. Lakes shall not include streams or rivers or other man-made water
bodies such as storm water ponds. (6)
Lakeshore site means any lot of record which abuts any body of public water. (20)
Land spreading shall mean the placement, incorporation, or injection of septage onto or
beneath the soil surface. (19)
Land spreading site shall mean any land used for septage land spreading. (19)
Land, Fallow see Fallow land.
• Land, Public see Public land.
Landowner means any person, group, firm or corporation owning, leasing or legally
controlling any lands within the territorial limits of the city. (11)
Landscape means all forms of planting and vegetation, ground forms, rock groupings,
water features and patterns, and all visible construction except buildings and site
furnishings. (20)
Legionnaire's Disease. The excess fluids from cooling towers are a known cause of
Legionnaire's Disease. The cooling tower fluids shall be monitored and treated so as to
prevent any health disease. (7)
Let for Occupancy or Let. To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is
or is not the legal owner of record thereof, pursuant to a written or unwritten lease,
agreement or license, or pursuant to a recorded or unrecorded agreement of contract for
the sale of land.(7)
License means the authentic state document used to designate the numbers assigned a
watercraft and to renew the same. (6)
Licensed premises. The term "licensed premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on -sales of alcoholic beverages and located on a golf course, "licensed
25
premises" means the entire golf course except for areas where motor vehicles are
• regularly parked or operated. (10)
Licensee means a person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application for a
license. (10)
Light fixture, shielded see Shielded light fixture.
Light industrial means the manufacturing, compounding, processing, assembling,
packaging or testing of goods or equipment or research activities entirely within an
enclosed structure, with no outdoor storage. There shall be negligible impact upon the
surrounding environment by noise, vibration, smoke, dust or pollutants. (20)
Light source means a device (such as a lamp) which provides visible energy. (13)
Light trespass means light emitted that is visible beyond the boundaries of the property
on which the light source is located. (13)
Light, Intermittent, see Intermittent light.
Line, Building, see Building Line.
Line, Building Setback, see Building Setback Line.
Line, Lot see Lot line.
Living area means the area of a dwelling including, but not limited to, bedrooms,
bathrooms, kitchens, living rooms, and dining rooms, but excluding garages. (20)
Loading space means an off-street space or berth designed and used for the loading or
unloading of commercial vehicles. (20)
Local Street, see Street, local.
Loss of trees, see Trees, loss of.
Lot means a separate parcel, tract, or area of land undivided by any public street or
approved private street, which has been established by plat, metes and bounds
subdivision, or as otherwise permitted by law, and which is occupied by or intended to be
developed for and occupied by a principal building or group of such buildings and
accessory buildings, or utilized for a principal use and uses accessory thereto, including
such open spaces and yards as are designed and arranged or required by Chapter 20 for
such building, use or development. (18) (20)
Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines,
but not including any area occupied by the waters of lakes or rivers or by street rights -of -
way. (20)
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Lot, corner means a lot abutting upon two (2) or more streets at their intersection, or
upon two (2) parts of the same street, such streets or parts of the same street forming an
interior angle of less than one hundred thirty-five (135) degrees. (20)
Lot coverage means that portion or percentage of a lot that is covered by impervious
surfaces. (20)
Lot depth means the mean horizontal distance between the front lot line and the rear lot
line of a lot. The greater frontage of a corner lot is its depth, and its lesser frontage is its
width. (20)
Lot, double frontage means a lot which fronts upon two (2) parallel streets, or which
fronts upon two (2) streets which do not intersect at the boundaries of the lot. On a double
frontage lot, both street lot lines shall be deemed front lot lines.
Lot, flag/neck means a lot that does not provide the full
required frontage on a public right-of-way, but rather is
served by a narrow "neck" of land that extends to the street.
To meet the definition the neck must be at least thirty (30)
feet wide. The lot width on neck or flag lots and lots
accessed by private streets shall be one hundred (100) feet
as measured at the front building setback line. The location
of these lots is conceptually illustrated below. (20)
Lot frontage means the lot width measured at the front lot
line. (20)
Lot, interior means a lot other than a corner lot.
Neck/Flag Lots
Frort Lot Line
Street
Lot N1tar i 1 Zj I
-� I Lot WcAh
I I �
i
Lot line means a line of record bounding a lot which divides one (1) lot from another lot
or from a roadway right-of-way or any other public space. (20)
Lot line, front means the lot line separating a lot from a roadway right-of-way. In the
case of a corner lot it shall be the lot line with the shortest dimensions on the street. (20)
Lot line, rear means the lot line which is parallel to and most distant from the front lot
line; or in the case of triangular or otherwise irregularly shaped lots, a line twenty (20)
feet in length, entirely within the lot, parallel to and at the maximum possible distance
from the front lot line. (20)
Lot line, side means any lot line other than a front or rear lot line. A side lot line
separating a lot from a street is a side street lot line. A side lot line separating a lot from
another lot or lots is an interior side lot line. (20)
Lot, Nonconforming, see Nonconforming Lot. (20)
Lot, Parking, see Parking lot.
Lot of record means any legally recorded lot which at the time of its recordation
complied with all applicable laws and ordinances. (20)
27
Lot, riparian means any lot abutting the ordinary high water mark of a lake, pond or
wetland. (20)
Lot width means the shortest distance between lot lines measured at the midpoint of the
building line. (20)
Lot, zoning means a single tract of land which consists of one (1) or more lots of record
and which, at the time of filing for a building permit, is designated by its owner or
developer as a tract to be used, developed or built upon as a separate unit under single
ownership or control. A zoning lot may or may not coincide with a single lot of record,
but in no case shall a zoning lot include only a portion of a lot of record. (20)
Low profile business Sign, Ground, see Sign, ground low profile business.
Manufactured Dwelling, see Dwelling, manufactured.
Manufactured dwelling see Dwelling, manufactured.
Marquee sign see sign, Marquee.
May not, shall not. "May not," "shall not," and similar phrases have a mandatory
negative effect and state a prohibition. (1)
May. The word "may" is to be construed as being permissive. (1)
• Medium texture shall mean the USDA classification's sandy loam, silt, silt loam, and
sandy clay loam. Fine texture is USDA classification's clay loam, silty clay loam, sandy
clay, silty clay, and clay. (19)
Menu board sign see Sign, menu board.
Merchant, Transient see Transient merchant.
Mineral Extraction see Excavation or mining.
Mining or Excavation see Excavation or mining.
Mini -warehouse means a building or group of buildings in a controlled -access, screened
and secured fenced compound that contains varying sizes of individual,
compartmentalized, and controlled -access storage spaces of varying sizes which are
leased or rented on an individual basis. (20)
Minor Street means a street of limited continuity which is used primarily for access to
abutting properties. (18) (20)
Mixed municipal solid waste means garbage, refuse, and other solid waste from
residential, commercial, industrial, and community activities which is generated and
• collected in aggregate, but excluding auto hulks or large auto parts, street sweepings, ash,
construction debris, mining waste, sludges, household hazardous waste, tree and
agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, yard
28
waste, and other materials collected, processed, and disposed of as separate waste
. streams. (16)
Mobil home see Dwelling, manufactured.
Model home means a builder's home which remains open for a period of time designed
to display the product. The home may also be used as a sales or real estate office for the
development in which it is located.
Monitoring Device, Water see Water monitoring device.
Month. The word "month" means a calendar month. (1)
Mooring area means an area located upon any body of public water used for the mooring
of watercraft. Docks are not considered mooring areas. (20)
Mooring means any buoy, post, boatlift, structure or device at which a watercraft may be
moored which is surrounded by public waters. (6)
Motel means a commercial establishment providing transient accommodations to the
general public containing rooms having direct access to the outside without the necessity
of passing through the main lobby of the building. (20)
Motion Sign see Sign, motion.
• Motor freight terminal means a building or area in which trucks, including tractor or
trailer units, are parked, stored, or serviced, including the transfer, loading or unloading
of goods. A terminal may include facilities for the temporary storage of loads prior to
transshipment. (20)
Motor fuel and service station means a retail place of business engaged in the sale of
motor vehicle fuels and services, but may also engage in supplying a limited amount of
related goods. In no case shall the space for the retailing of related goods exceed four
hundred (400) square feet. All services are to be performed within enclosed service bays.
(20)
Motorboat means any watercraft propelled in any respect by machinery, including
watercraft temporarily equipped with detachable motors. (6)
Multifamily Dwelling see Dwelling, multifamily.
Multi-user tower see Tower, multi-user.
Municipality means the city. Also see City. (9)
Must. The word "must" is to be construed as being mandatory. (1)
is
Nameplate sign see Sign, nameplate.
Native Vegetation see Vegetation, native.
29
Natural features means any slope (12 percent slope or greater), forested areas, lakes,
• streams and wetlands, areas of unique vegetative cover, scenic views, natural habitat
areas, or historic archeological areas, buildings or features. (20)
Natural habitat area means an area that is characterized by being primarily in a natural
state, with only minor evidence of disturbance from modern human activity. Natural
habitat areas may include forests, wetlands, or endangered or threatened species habitat.
(20)
Natural Wetlands see Wetlands, natural.
Neck Lot see Lot, flag/neck.
Neighborhood Commercial means a use which involves convenience grocery stores, or
those uses that meet the daily needs of the residents. Buildings may be multi tenant and
shall not exceed a maximum of 20,000 square feet of building area. The districts should
reflect the character of the neighborhood through design.
Net Density see Density, net.
Noise, Abnormal or excessive see Abnormal or excessive noise.
Nonconforming lot. A lot that does not comply with the requirements of Chapter 20, but
which did comply with applicable ordinance requirements at the time the lot was created.
• (20)
Nonconforming structure. Any building or structure that does not comply with the
requirements of Chapter 20 but which did comply with applicable ordinance
requirements at the time it was constructed or put in place. (20)
Nonconforming use. A use of land that does not comply with the requirements of
Chapter 20, but which did comply with applicable ordinance requirements at the time the
use was established. (20)
Nontechnical and technical words. Words and phrases shall be construed according to
the common and approved usage of the language; however, technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning in law shall be
construed and understood according to such meaning. (1)
Normal business hours means those hours (8 a.m.-5 p.m. Monday -Friday) during which
most similar businesses in the city are open to serve customers. In all cases, "normal
business hours" must include some evening hours at least one night per week and/or
some weekend hours. (7.5)
Normal domestic strength waste means water carried domestic waste, exclusive of
footing and roof drainage. Domestic waste includes, but is not limited to liquid waste
produce by bathing, laundry, culinary operations and liquid waste from toilets and floor
drain. Domestic waste contains approximately two hundred seventy (270) mf/1 BOD5
and approximately three hundred (300) mg/1 suspended solids, consistent with that
emanating from a typical household. (19)
30
Normal operating conditions means those service conditions which are within the
. control of the grantee. Those conditions which are not within the control of the grantee
include, but are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the grantee include, but are not limited to,
special promotions, pay -per -view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the system. (7.5)
NPDES permit means the system for issuing, conditioning and denying permits for the
discharge of pollutants form point sources into the navigable waters, the contiguous zone,
and the oceans by the Environmental Protection Agency and pursuant to the Federal
water Pollution Control Act of 1972, Sections 402 and 405. (19)
Nude model studio means any place where a person who appears in a state of nudity or
displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons who pay money
or any form of consideration. (10)
Nudity or state of nudity means: (1) The appearance of a human bare buttock, anus, male
genitals, female genitals, or female breast; or (2) A state of dress which fails to opaquely
cover a human buttock, anus, male genitals, female genitals, or areola of the female
breast. (10)
Nuisance means a thing, act or use of property that: (1) Annoys, injures or endangers the
• health, safety, comfort or repose of the public; (2) Offends public decency; (3)
Unlawfully interference with the use of or obstructs, or tends to obstruct or render
dangerous for passage a lake, stream, navigable river or public water, park, square,
sidewalk, street, alley or highway; (4) Depreciates the value of the property of the
inhabitants of the city; (5) In any manner renders the inhabitants of the city insecure in
life or in use of property. (13)
Is
Number. A word importing the singular number only may extend and be applied to
several persons and things as well as to one (1) person or thing. A word importing the
plural number only may extend and be applied to one person or thing as well as several
persons or things. (1)
Nursery means an enterprise which conducts the retail and wholesale sale of plants
grown on the site or imported to the site, as well as accessory items directly related to
their care and maintenance. Accessory items may include fertilizer, potting soil, garden
tools, seed, pesticides, pots, and other gardening supplies. The retail sale of hardware,
paint pet supplies, power equipment, and farm implements shall be prohibited. "Nursery"
may include greenhouses. (20)
Nursing home means an extended or intermediate care facility licensed by the state to
provide full-time convalescent or chronic care to individuals who by reason of advanced
age, chronic illness or infirmity are unable to care for themselves. (20)
31
Oath. The word "oath" shall be construed to include an affirmation in all cases in which,
iby law, an affirmation may be substituted for an oath, and in such cases the words "swear
and sworn" shall be equivalent to the words "affirm" and "affirmed." (1)
Obstacle, Water see Water obstacle.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
(7)
Occupant. Any individual living or sleeping in a building, or having possession of a
space within a building. (7)
Odor generator, non -significant means an industry or other source which has not been
designated as a significant odor generator as defined in this section. (20)
Odor generator, significant means an industry, facility or other source which has been
identified by the environmental health officer as the cause of three odor alerts in a 90-day
period inclusive of industries, facilities or sources previously found to be in compliance
which, through changes in processes, technologies, growth, or from other causes, has
begun to generate odors which result in three odor alerts in a 90-day period. (20)
Odor means that which produces a response of the human sense of smell to an odorous
substance. (20)
• Odor pollution means an odor emitted to the atmosphere by an industry or other source
which is determined by the enforcement official to be the cause of an odor alert. (20)
Office means professional and business office, nonretail activity. Used for conducting the
affairs of a business profession, service, industry or government. (20)
Officer, Properly designated see Properly designated officer.
Officials, officers, departments, employees, boards, commissions, etc. Whenever
reference is made to officials, employees, boards, commissions or other agencies of the
city by title only, i.e., "mayor," "city manager," "clerk," "chief of police," etc., they shall
be deemed to refer to the officials, officers, departments, employees, boards,
commissions or other agencies of this city. (1)
Off -premises sign see Sign, off -premises.
On -Premises sign see Sign, on premises.
Open porch means a roofed open area, attached to or part of, and with direct access to or
from a building. An open porch may be surrounded by a railing but must not be enclosed
with screen, mesh, glass, or similar material. (20)
Open space, Parks see Parks/open space.
• Openable Area. That part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors. (7)
32
Operate means to navigate or otherwise use a watercraft. (6)
• Operating Conditions, Normal see Normal operating conditions.
Operating manager. The term "operating manager" as used in this article means a person
designated by the license holder who works full-time at the licensed premises and is in
charge of day-to-day liquor sales. (10)
Operation and maintenance means activities required to provide for the dependable and
economical functioning of the treatment system, throughout the useful life of the
treatment works, and at the level of performance for which the treatment works were
constructed. Operation and maintenance includes replacement. (19)
Operator. Any person who has charge, care or control of a structure or premises which is
let or offered for occupancy. (7)
Ordinance or city ordinance. The unqualified use of the term "ordinance" or "city
ordinance" shall be construed to be followed by the phrase "of the City of Chanhassen,
Minnesota. (1)
Ordinary high water mark for lakes and wetlands the highest water level that has been
maintained for a sufficient period of time to leave evidence upon the landscape. The
ordinary high water mark is commonly that point where the natural vegetation changes
from predominately aquatic to predominately terrestrial. For watercourses, the ordinary
• high water level is the elevation of the top of the bank of the channel. For reservoirs and
flowages, the ordinary high water level is the operating elevation of the normal summer
pool. (6) (20)
Organized race means a race sponsored and conducted by the park and recreation
commission, the chamber of commerce, Jaycees, American Legion or similar council -
recognized civic groups or associations. (12)
Outdoor sales, temporary see Temporary outdoor sales.
Outdoor storage means the storage of any goods, junk equipment, fuel, materials,
merchandise, supplies or motor vehicles not fully enclosed in a building for more than a
twenty -four-hour (24) period. (20)
Outlot means a platted lot to be developed for a use which will not involve a building or
which is reserved for future replatting before development. (20)
Overburden. Those materials which lie between the surface of the earth and material
deposit to be extracted. (7)
Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. (6) (20)
Owner in the case of a watercraft means a person, other than a lien holder having the
is
property in or title to a watercraft; the term includes a person entitled to the use or
possession of such craft, subject to an interest in another person, reserved or created by
agreement and securing payment or performance of any obligation. "Owner" in the case
33
of a lakeshore site means any natural person who is either the record owner of a fee
• simple interest, or the record owner of a contract for deed vendee's interest, or the holder
of a possessory leasehold interest, in the whole of any lakeshore site, including
authorized guests, and immediate family member of such person. (6)
Owner means any person who owns, harbors or keeps or has custody of a dog or cat, or
the parents or guardians of a person under eighteen (18) years of age who owns, harbors,
keeps or has custody of a dog or cat. (5)
Owner. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real property by a court. (7)
Owner. The word "owner" shall, when applied to a building or land, include any part
owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the
entirety of the whole or of a part of such building or land.
Paint stick or graffiti stick means any device containing a solid form of paint, chalk,
wax, epoxy, or other similar substance capable of being applied to a surface by pressure
and leaving a mark of at least one-fourth (1/4) of an inch in width. (13)
• Parent or guardian means the natural or adoptive parent of a person, the legal guardian
of such person, or any other person over eighteen (18) years of age who has been selected
by the natural or adoptive parent or legal guardian to supervise the person under sixteen
(16) years of age while the person has in his/her possession or under his/her control any
firearm. (11)
Park, Private means a tract of land presently owned or controlled and used by private or
semi-public persons, entities, groups, etc. for active and/or passive recreational purposes.
Parking lot means an approved off-street, ground level area, usually surfaced and
improved, designed and intended for vehicular access to and from a parking area and for
parking of motor vehicles. (20)
Parking Ramp means a building, garage, or structure or part thereof in which a structural
level other than a slab on grad is used for parking, storage or maintenance of motor
vehicles. (20)
Parks/open space shall mean parks, parkways, ice skating rink, playgrounds, public
accesses, recreation fields, recreation buildings, beaches and water surrounded by parks,
including but not limited to waters adjacent to beaches, which are delineated as
swimming areas by the placement of marker buoys. (14)
Peddler means any person, firm, corporation, or other business organization that goes
from dwelling to dwelling, business to business, place to place, or from street to street,
carrying or transporting goods, wares, merchandise, or services and offering or exposing
the same for sale. (10)
34
Pedestrian ways. See Sidewalk. (18) (20)
• Permanent dock means any dock other than a seasonal dock. (6)
Permission, written see Written permission.
Permittee means any person to whom a permit issued.
Person The word "person" means any human being and may extend and be applied to
bodies politic and corporate, and to partnerships and other unincorporated
associations.(1) (19) (16) (10) (7) (7.5)(13)
Person, Underage see Underage person.
Personal service means an establishment or place of business primarily engaged in
providing individual services generally related to personal needs, such as a tailor shop.
(20)
Petting farm means any activity whereby Shetland ponies, miniature donkeys (equus
asinus), miniature horses (equus caballus), potbellied pigs, feeder pigs (young swine),
sheep (ovis), pygmy goats (capra), milking goat, rabbits (leporidae), chinchillas
(chinchilla laniger), red foxes (vulpes), hedgehogs (earinaceus europaeus), young cows
(bos), geese (anser), ducks (anatinae), chickens (gallus gallus), exotic white peafowl
(pavo), red golden pheasants (chrysolophus pictus), and prairie dogs (cynomys
ludovicianus) are exhibited, regardless of compensation. (20)
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per
liter of solution. (19)
Photometrics means the quantitative measurement of light level and distribution. (20)
Pickup, special see Special pickup.
Platting authority means the city council. (20)
Pole sign see Sign, freestanding/pole/pylon.
Police agency means the Carver County sheriff's department or such other law
enforcement agency designated by the city council to provide regular public safety
services to the city. (2)
Pollution, Odor see Odor pollution.
Pool, Swimming see Swimming Pool.
Porch, open see Open porch.
IS Portable sign see sign, portable.
Power substation means a facility comprising of transmission towers, transformers,
power equipment, and structures necessary to house such equipment. (20)
35
Premises means a lot, parcel, plot, tract or plat of land, easement of public way together
• with the building and structures thereon. (7) (20)
Premises, Licensed see Licensed premises.
Primary zone means the buffer zone that directly impacts Bluff Creek and/or its
tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed
Natural Resources Management Plan, is intended to be preserved as permanent open
space. (20)
Principal Building see Building, principal.
Principal structure. The main building as distinguished from an accessory building or
structure. (20)
Pristine Wetlands see Wetlands, pristine.
Private Kennel see Kennel, private.
Private Park see Park, Private.
Private sale or event sign see Sign, private sale or event.
Private stables see Stables, private.
Private street see Street, private.
Processing means the crushing, washing, compounding or treating of rock, sand, gravel,
clay, silt or other like material. (20)
Projecting sign see sign, projecting.
Properly designated officer. The term "properly designated officer" means and includes;
(1) The city fire inspector; (2) The city building official; and (3) The health inspectors
employed by Carver or Hennepin county or the state acting in the course of the scope of
their employment.
Property. The word "property" includes real, personal and mixed property. (1) (10)
Property, Exterior see Exterior property.
Property, Public see Public Property.
Property, Semipublic see Semipublic property.
Public educational or government access facilities or PEG access facilities means:
(1) Channel capacity designated for public, educational or governmental use; and (2)
• Facilities and equipment for the use of such channel capacity. (7.5)
Public land means land owned and/or operated by a governmental unit. (20)
36
Public Property shall mean any public street, highway, school ground, playground, or
• other publicly owned property within the city except parks and lakes. (11)
Public safety communications center means the central facility used to receive
emergency requests for public safety services and general information from the public to
be dispatched to public safety personnel. (3)
Public Safety Personnel means all personnel employed by any law enforcement agency,
and any fire -fighting personnel and any ambulance personnel. (3)
Public sewer see Sewer, public.
Public utility means persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or land line telephone service to the general public. For the
purpose of Chapter 20, personal wireless services shall not be considered public utility
uses, and are defined separately. (20)
Public waters means and shall be limited to the following waters of the state: (1) All
water basins assigned a shoreland management classification by the commissioner of
natural resources; (2) All waters of the state which have been finally determined to be
public waters or navigable waters by a court of competent jurisdiction; (3) All meandered
lakes, except for those which have been legally drained; (4) All water basins previously
designated by the commissioner of natural resources for management for a specific
• purpose such as trout lakes and game lakes pursuant to applicable law. (5) All water
basins designated as scientific and natural areas; (6) All water basins located within and
totally surrounded by publicly owned lands; (7) All water basins where the state or the
federal government holds title to any of the beds or shores, unless the owner declared that
the water is not necessary for the purposes of the public ownership; (8) All water basins
where there is publicly owned and controlled access which is intended to provide for
public access to the water basins; and (9) All natural and altered natural watercourses
with a total drainage area greater than two (2) square miles, except that trout streams
officially designated by the commissioner of natural resources shall be public waters
regardless of the size of their drainage area. The public character of water shall not be
determined exclusively by the proprietorship of the underlying, or surrounding land or by
whether it is a body or stream of water which was navigable in fact or susceptible of
being used as a highway for commerce at the time this state was admitted to the union.
(20)
Public works director. References to the city engineer, director of public works or public
works director are to the director of public works/city engineer.
Pylon sign see Sign, freestanding/pole/pylon.
Ramp, Parking see Parking Ramp.
Real Estate Office, Temporary see Temporary Real Estate Office.
• Real estate sign see Sign, real estate.
37
Real property. The words "real property" includes lands, tenements and hereditaments.
41 (1)
Rear Lot Line see Lot line, rear.
Rear Yard see Yard, Rear.
Recreational beach lot means land abutting public water which serves as a neighborhood
recreational facility for the subdivision of which is a part. (20)
Recreational vehicle means a vehicle or vehicular unit which can be driven, towed or
hauled, and which is primarily designed as a temporary living accommodation for
recreational camping and travel use. Recreational vehicles include travel trailers, camping
trailers, truck campers, and self-propelled motor homes. (20)
Recyclables means materials which can be separated from the mixed municipal solid
waste stream for collection and preparation for reuse in their original form, or for other
uses in manufacturing processes that do not cause the destruction of the recyclable
materials in a manner that precludes further use. (16)
Refuse and garbage collector means any person holding a valid license from the village
for the purpose of collecting refuse and garbage. (16)
Refuse means putrescible and nonputrescible solid wastes of all kinds, combustible and
• noncombustible, resulting from the operation of a household, including but not limited to,
garbage or any other discarded or unusable materials. 'Refuse" does not include:
1) Construction materials resulting from the construction or reconstruction of buildings or
other improvements by contractors; or (2) Trees in excess of six (6) inches in diameter.
(3) Yard waste. (4) Recyclables. (16)
Rehabilitation means to renew the land to a self-sustaining, long-term use which is
compatible with contiguous land uses in accordance with the standards set forth in
Chapter 20. (20)
Repair shall mean the act or process of restoring or replacing a defective element of an
individual sewage treatment system to approximately its original function without
altering its original location, capacity, or operating characteristics. Only repairs or
replacement performed downstream of the inlet of the distribution device or replacement
of the septic tank, pump tank, or dosing chamber shall be considered repairs requiring a
permit under this article. (19)
Replacement means the obtaining and installing of equipment, accessories or
appurtenances which are necessary during the useful life of the wastewater treatment
facilities to maintain the capacity and performance for which such facilities were
designed and constructed. The term operation and maintenance includes replacement.
(19)
• Residential development shall mean ten (10) or more places of habitation concentrated
within ten acres of land. The term also includes schools, churches, hospitals, nursing
38
homes, businesses, offices, and apartment buildings or complexes having ten or more
• units. (19)
Residential district means that area of the city zoned as RR, RSF, R-4, R-8, R-12, R-16,
or PUD-R by the City Code. (10)
Residential dwelling see Dwelling, Residential. (16)
Restaurant, fast food means an establishment whose principal business is the sale of food
and/or beverages in a ready -to -consume state for consumption: (1) Within restaurant
building; (2) Within a motor vehicle parked on the premises; or (3) Off the premises as
carry -out orders; and whose principal method of operation includes the following
characteristics: (a) Food and/or beverages are usually packaged prior to sale and are
served in edible containers or in paper, plastic, or other disposable containers; (b) The
customer is not served food at his table by an employee, but receives it at a counter
window, or similar facility and carries it to another location on or off the premises for
consumption. (20)
Restaurant, standard means an establishment whose principal business is the sale of
food and/or beverages, including alcohol, to customers in a ready -to -consume state, and
whose principal method of operation includes one (1) or both of the following
characteristics: (1) Customers, normally provided with an individual menu, are served
their food and beverages by a restaurant employee at the same table or counter at which
• food and beverages are consumed; (2) A cafeteria -type operation where food and
beverages generally are consumed within the restaurant building. (20)
Restoration. To renew land to self-sustaining long-term use which is compatible with
contiguous land uses, present and future, in accordance with the standards set forth in this
article. (7)
Restraint, Under see Under restraint.
Retail sales means establishments engaged in selling goods or merchandise to the general
public for personal or household consumption and rendering services incidental to the
sale of such goods. (20)
Revenues, Gross see Gross revenues.
Right-of-way means a strip of land intended to be occupied by a roadway, sidewalk, trail,
and/or other utilities or facilities. A right-of-way includes the land between the right-of-
way lines, whether improved or unimproved. 'Right-of-way" includes arterial, collector,
and local streets. (1) (7.5) (12) (18) (20)
Riparian Lot see Lot, riparian.
Roadside stand means a stand located adjacent to public right-of-way for the sale of
agricultural produce. (20)
Roadway means that portion of the right-of-way improved, designed or ordinarily used
for vehicular travel, including the shoulder. (12) (18) (20)
39
Rodent. Any animals or insects commonly seeking to make their home within the
• interior of a permanent structure, including birds, bats, bees, wasps, moths, squirrels,
mice and rats. (7)
Roof sign see Sign, roof.
Roof sign, integral see Sign, integral roof.
Roof, standing seam see Standing seam roof.
Rooming House. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one or two-family dwelling. (7)
Rooming Unit. Any room or group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not for cooking purposes. (7)
Root Zone, Critical see Critical root zone.
Rubbish. Combustible and noncombustible waste materials, except garbage; the term
shall include the residue from the burning of wood, coal, coke and other combustible
materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other
similar materials. (7)
• Safety or deadman throttle means a device which, when pressure is removed from the
engine accelerator or throttle, causes the motor to be disengaged from the driving track.
(12)
Sales, Small Vehicle see Small Vehicle Sales.
Sanitary sewer see Sewer, Sanitary.
Satellite dish height means the height of the antenna or dish measured vertically from the
highest point of the antenna or dish when positioned for operation, to ground level.
Satellite dish means a combination of: (1) Antenna or dish antenna whose purpose is to
receive communication or other signals from orbiting satellites and other extraterrestrial
sources; (2) A low -noise amplifier (LNA) which is situated at the focal point of the
receiving component and whose purpose is to magnify and transfer signals; and (3) A
coaxial cable whose purpose is to carry the signals into the interior of the building. (20)
Saturated soil shall mean the highest elevation in the soil where periodically depleted
oxygen levels occur because of soil voids being filled with water. Saturated soil is
evidence by the presence of soil mottling or other information. (19)
School, Vocational see Vocational school.
• Seasonal dock means any dock designed and constructed so that it may be removed from
a lake on a seasonal basis; all components such as supports, legs, decking and footing
must be capable of removal by non -mechanized agents. (6)
40
Secondary zone means the buffer zone that contains habitat areas that are valuable to the
• delicate balance of the Bluff Creek ecosystem. The secondary zone, which is generally
delineated in the Bluff Creek Watershed Natural Resources Management Plan, is subject
to development limitations (bluffs, step slopes, wetlands etc.) in order to minimize the
impact of new development on the Primary Zone. (20)
Section means any section, subsection or provision of this division. (7.5)
Semi-nude means a state of dress in which clothing covers no more than the genitals,
pubic region, and areola of the female breast, as well as portions of the body covered by
supporting straps or devices. (10)
Semipublic property shall mean any parking lot operated incident to any commercial use
of land, any auto service station, or any parochial or private school ground for which no
special on -sale non -intoxicating malt liquor permit has been issued by the city. (11)
Semipublic use means the use of land by a private, nonprofit organization to provide a
public service that is ordinarily open to some persons outside the regular constituency of
the organization. (20)
Senior Citizen Housing means housing designed and intended to be occupied principally
by persons 55 or older.
Separated Materials, Source- see Source -Separated Materials.
Is Septage shall mean solids and liquids removed during periodic maintenance of an
individual sewage treatment system, or solids and liquids which are removed from toilet
waste treatment devices or a holding tank. (19)
Septic System see Individual sewage treatment system. (ISTS)
Service area orfranchise area means the entire geographic area within the city as it is
now constituted or may in the future be constituted, unless otherwise specified in the
franchise agreement. (7.5)
Service center, Auto see Auto service center.
Service interruption means the loss of picture or sound on one or more cable channels.
(7.5)
Setback Line, Building see Building Setback Line.
Setback means the minimum horizontal distance between a structure and the nearest
property line or right-of-way; and, within shoreland areas, setback also means the
minimum horizontal distance between a structure or sanitary facility and the ordinary
high water mark. (19) (20)
• Setback zone, Dock see Dock setback zone.
41
Sewage treatment system means a septic tank and soil absorption system or other
• individual or cluster type sewage treatment system as described and regulated in
Chapter 19, Article IV of the City Code. (20)
Sewage treatment works means any arrangement of devices and structures used for
treating sewage. (19)
Sewer means a pipe or conduit for carrying sewage. (19)
Sewer system means pipelines or conduits, pumping stations, and force main, and all
other construction, devices, appliances, or appurtenances used for conducting sewage or
industrial waste or other wastes to a point of ultimate disposal. (20)
Sewer System, Community means an alternative type sanitary sewer system which
utilizes one (1) septic tank per each dwelling unit or commercial unit, and small diameter
sewer pipe to convey septic tank effluent to a central location for treatment through soil
absorption. (19)
Sewer, Building means the extension from the building drain to the public sewer. (19)
Sewer, Combined means a sewer receiving both surface runoff and sewage. (19)
Sewer, public means a sewer in which all owners of abutting properties have equal rights
or is controlled by public authority or both. Where an individual septic tank is part of the
• system, that septic tank and the pipe leading out of the tank shall be considered part of the
public sewer. (19)
Sewer, Sanitary means a sewer which carries sewage and to which storm, surface and
ground waters are not intentionally admitted. (19)
Sexual activities, Specified see Specified sexual activities.
Sexual encounter center means a business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration: (1) Physical contact in
the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities
between male and female persons and/or persons of the same sex when one (1) or more
of the persons is in a state of nudity or semi-nude. (10)
Sexually oriented business, Substantial enlargement of a see Substantial enlargement
of a sexually oriented business
Sexually oriented business means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult store,
adult theater, escort agency, nude model studio, or sexual encounter center.
Sexually oriented business, Transfer of ownership or control of a see Transfer of
ownership or control of a sexually oriented business.
• Shall. The word "shall" is to be construed as being mandatory. (1) (10)
42
Sheriff means the Carver County sheriff or his designee. (3)(6)
• Shielded light fixture means a light fixture with cutoff optics that allows no direct light
emissions above a vertical cutoff angle of ninety (90) degrees. (20)
Shooting means the firing or discharge of any firearm. (11)
Shopping center means an integrated group of commercial establishments planned,
developed, and managed as a unit, with off-street parking facilities provided on -site. (20)
Shore impact zone means land located between the ordinary high water level of a public
water and a line parallel to it at a setback of fifty (50) percent of the structure setback.
(20)
Shoreland means land located within the following distances from public waters: one
thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and
three hundred (300) feet from a river or stream, or the landward extent of a flood plain
designated by ordinance on a river or stream, whichever is greater. The limits of
shorelands may be reduced whenever the waters involved are bounded by topographic
divides which extend landward from the waters for lesser distances and when approved
by the commissioner. (20)
Shrub means a woody plant that remains low and produces several erect, spreading, or
prostrate stems from the base, and is not usually tree -like or single -stemmed. (20)
• Side Lot Line see Lot line, side.
Side of Bluff see Bluff, side of.
Side Yard see Yard, side.
Sidewalk. The word "sidewalk" means a pedestrian way, public or private, designed or
intended for the principal use of pedestrians. "Sidewalk" also includes that portion of a
street between the curb lines, or the lateral lines of a roadway, and the adjacent property
lines intended for the use of pedestrians. (1) (18) (20)
Sign means any object, device, display, or structure, or part thereof situated outdoors, or
visible through a window or door, which is used to advertise, announce, identify, display,
direct or attract attention to an object, person, institution, organization, business,
commodity, product, service, event or location, by means, including words, letters,
figures, design, symbols, fixtures, pictures, illumination or projected images. (20)
Sign, advertising means any sign which directs attention to a
business, commodity, service, activity or entertainment not
conducted, sold or offered upon the premises where such a
sign is located. (20)
Sign, awning means a temporary hood or cover that projects
from the wall of a building, and which can be retracted,
folded or collapsed against the face of the supporting
43
Awning Sign
building. Awning may extend in any required yard setback a maximum of five (5) feet
• (2.6 feet in the supplementary regulations). (20)
Sign, banner means a sign which is made out of a paper, cloth or plastic -like consistency,
affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners.
(20)
Sign, bulletin board means a sign which identifies an institution or organization
on the premises of which it is located and which contains the name of the
institution or organization, the names of individuals connected with it, and
general announcements, of events or activities occurring at the institution or
similar messages. (20)
Sign, business directory means a sign which identifies the
names of specific businesses located in a shopping center,
medical center and professional office and which is located
on the premises of the shopping center so identified. (20)
Sign campaign means a temporary sign announcing
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7
promoting, or supporting political candidates or issues in connection with any national,
state, or local election. (20)
Sign, canopy means any sign that is affixed to a projection or
extension of a building or structure of a building, erected in such
• a manner as to provide a shelter or cover over the approach to
any entrance of a store, building or place of assembly. Plastic or
structural protective cover over a door entrance, window, or
outdoor service area. (20)
M
Canopy Sign
Sign, changeable copy means a sign or portion thereof with
characters, letters, or illustrations that can be changed or rearranged without altering the
face or the surface of the sign. (20)
Sign, construction means a temporary sign erected on the premises on which
construction is taking place, during the period of such construction, indicating the names
of the architects, engineers, landscape architects, contractors or similar artisans, and the
owners, financial supporters, sponsors, and similar individuals or firms having a role or
interest with respect to the situation or project. (20)
Sign, development identification means a permanent ground low profile
sign which identifies a specific residential, industrial, commercial or office
development and which is located on the premises of the development
which it identifies. (20)
Sign, directional means a sign erected on private property for the purpose of
directing pedestrian or vehicular traffic onto or about the property upon
• which such sign is located, including signs marking entrances and exits,
circulation direction, parking areas, and pickup and delivery
areas. (20)
EXIT
Directional Sign
44
Sign, display area means the area within a single continuous perimeter
• enclosing the extreme limits or the actual sign message surface, including
any structural elements outside the limits of each sign forming an integral
part of the sign. The stipulated maximum sign display area for a sign refers
to a single facing. (20)
Sign, festive flag/banner means a flag or banner constructed of cloth,
canvas or light fabric that is hung from a light pole. The flag/banner shall
contain no advertising except for cultural events, special holidays/seasons,
etc. (20)
Sign, flag means any fabric banner used as a symbol of a government,
political, subdivision or other identity. Corporation flags shall not exceed
twelve (12) square feet and may be flown in tandem with the state or
national flag. The size of the state or national flag shall not exceed one
hundred (100) square feet. (20)
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Sign Display Area
Festive Flag/Banner Sign
Sign, flashing means any directly or indirectly illuminated sign which exhibits changing
natural or artificial light or color effects by any means whatsoever. (20)
Sign, freestanding/pole/pylon means any non -movable sign not affixed to a building but
erected upon a pole, post or other similar support so that the bottom edge of the sign
display area is eight (8) feet or more above the ground elevation. (20)
• Sign, governmental means a sign erected and maintained pursuant to and in discharge of
any governmental functions, or required by law, ordinance or other governmental
regulation. (20)
Sign, ground low profile business means a business sign affixed directly to the ground,
which directs attention to a business, commodity, service, or product offered on the
premises. (20)
Sign, holiday decoration means a temporary sign in the nature of decorations, clearly
incidental to and customarily and commonly associated with any national, local or
religious holiday. (20)
Sign, home occupation means a sign containing only the name and occupation of a
permitted home occupation not to exceed two (2) square feet. This is also a nameplate
sign. (20)
Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights
on or in the sign or directed towards the sign. (20)
Sign, informational means a sign containing descriptions of major points of interest,
government institutions or other public services such as hospitals, sports facilities, etc.
(20)
• Sign, institutional means a sign which identifies the name and other characteristics of a
public or private institution of the site where the sign is located. (20)
45
•
Sign, integral means a sign constructed as to be an integral portion of the building of
which it forms a part. (20)
Sign, integral roof means any sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of the roof
and such that no part of the sign is separated from the rest of the roof by a
space of more than six (6) inches. (20)
Integral Roof Sign
Sign, marquee means a sign which is mounted, painted on, or attached to I
any projection or extension of a building that is designated in such a manner as to provide
shelter or cover over the approach to any entrance of the building. (20)
Sign, menu board means a sign located adjacent to the drive -through lane that is used to
advertise the product available at a fast food restaurant. (20)
Sign, motion means any sign or part of a sign which changes physical position by any
movement or rotation of which gives the visual impression of such movement or rotation.
(20)
Sign, nameplate means a sign, located on the premises which bears the name and/or
address of the occupant of the building or premises. (20)
Sign, nonconforming means a sign that does not conform to the requirements of Chapter
20 of the Chanhassen City Code. (20)
Sign, off -premises means an advertising sign which directs attention to a use, product,
commodity or services not related to the premises on which it is located. (20)
Sign, on premises means a sign which directs attention to a business, commodity,
product, use, service or other activity which is sold, offered or conducted on the premises
upon which the sign is located. (20)
Sign, portable means a sign designed so as to be movable from one (1) location to
another, and that is not permanently affixed to a building, structure, or the ground
including, but not limited to, signs designed to be transported by means of wheels, sign
converted to A -Frames, menu and sandwich board signs, and signs attached to or painted
on vehicles parked and visible from the public right-of-way unless said vehicle is used in
the normal day-to-day operations. (20)
Sign, private sale or event means a temporary sign advertising private sales or personal
property such as a house sale, garage sale and the like or private nonprofit events such as
picnic, carnival, bazaar, game night, art fair, or craft show. (20)
Sign, projecting means a sign that is wholly or partly dependent upon a building for
support and which projects more than twelve (12) inches from such building. (20)
Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion
of the premises, on which the sign is located. (20)
46
Sign, roof means a sign that is mounted on the roof of a building or which is wholly
• dependent upon a building for support and which projects above the roof line of a
building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or
the deck line of a building with a mansard roof. (20)
Sign, temporary means a sign designed or intended to be displayed for a
short period of time. This includes items such as banners, pennants, flags,
beacons, sandwiches, or balloons or other air or gas filled figures. (20)
Sign, wall means a sign attached to or erected against the wall of a
building or structure with the exposed face of the sign in a plane
approximately parallel to the face of the wall, and which does not
project more than twelve (12) inches from such building or structure.
Wall signs shall not include product advertising. Wall signs shall include
tenant identification, tenant logo, center name, or any combination of the
three. (20)
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Roof, Wall, Window &
Projecting Signs
Sign, window means sign, pictures, symbols, or combination thereof,
designed to communicate information about an activity, business, commodity, event, sale
or service, that is placed inside a window or upon the window panes or glass and is
visible from the exterior of the window. (20)
Signature, subscription. A signature or subscription includes a mark when the person
cannot write, provided that the person's name is written near such mark and is witnessed
• by a person who writes his own name as witness. (1)
Significant historic site means any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic Places
or is listed in the State Register of Historic Sites, or is determined to be an unplatted
cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic
site meets these criteria if it is presently listed on either register or if it is determined to
meet the qualifications for listing after review by the Minnesota state archaeologist or the
director of the Minnesota Historical Society. All unplatted cemeteries are automatically
considered to be significant historic sites. (20)
Significant tree means any healthy tree species measuring twelve (12) inches or more
DBH; or any health coniferous tree measuring twelve (12) feet in height or more. (20)
Single Family Dwelling see Dwelling, single-family.
Single -user Tower see Tower, single -user.
Site distance triangle means no sign or sign structure shall be closer to any lot line than a
distance equal to one-half (1/2) the minimum required yard setback. No sign shall be
placed within any drainage or utility easement. Sign shall not block site distance triangle
from any private drive or access. Signs shall not be located in any site distance triangle
• thirty (30) feet from the point of intersection of the property line. (20)
Site furnishings means any structure, other than buildings, visible from any public way,
and any street hardware located in streets and public ways and outside of buildings. Site
47
furnishings include, but are not limited to, signs, decorative paving treatments, fences,
• walls, railings, artwork, transformers, utility access boxes, lighting standards and arrays,
and other visible site appurtenances. (20)
Slope, steep see Steep slope.
Slow --No wake means operation of a watercraft at the slowest possible speed necessary
to maintain steerage and in no case greater than five (5) miles per hour. (6)
Small Vehicle Sales means any motor vehicle having an engine cubic centimeter
displacement of less than 1,000cc, including but not limited to, riding lawn mowers, farm
equipment, motor cycles, mini -bikes, all -terrain vehicles, and snowmobiles.
Snowmobile means a self-propelled vehicle which is designed for travel on snow or ice
steered by skis or runners. (14)
Soil textural classification shall mean the soil particle size or textural classification as
specified in the Soil Survey Manual, Handbook No. 18, United States Department of
Agriculture (USDA) 1993, incorporated by reference. (19)
Soil, saturated see Saturated soil.
Soil, Suspended see Suspended soil.
• Solicitor means any person, firm, corporation, or other business organization who goes
from dwelling to dwelling, business to business, place to place, or from street to street,
soliciting donations other than political campaigns, or taking or attempting to take orders
for any goods, wares, or merchandise, including books, periodicals, magazines, or
personal property of any nature whatever for future delivery. (10)
Solid Waste, Mixed Municipal see Mixed municipal solid waste.
Source -Separated Materials means those elements of a waste stream which are separated
by the generator for reuse in their original form or for use in manufacturing processes.
(10)
Special pickup means any collection of materials other than garbage, refuse, recyclables
or yard waste, including white goods (e.g., large appliances), furniture, oversized
materials, construction debris, and other materials collected, processed, and disposed of
as separate waste streams. (16)
Special trees mean any large broadleaf trees at least thirty (30) inches DBH, any large
conifer trees at least twenty (20) inches DBH, any medium broadleaf trees at least twenty
(20) inches DBH, any small broadleaf trees at least twelve (12) inches DBH, rare or
unusual tree species, or trees of exceptional quality. (20)
Specified anatomical areas means human genitals in a state of sexual arousal. (10)
• Specified sexual activities means and includes any of the following: (1) The fondling or
other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
48
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
• copulation, or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions
as part of or in connection with any of the activities set forth in (1) through (3) above.
(10)
Stables, commercial 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. (5) (20)
Stables, private means any place where a horse, colt, pony, mule, burro, or llama is kept
or harbored, such animal being owned by the owner or lessee of the premises wherein or
whereupon the animal is kept or harbored.
Standard restaurant see Restaurant, standard.
Standing seam roof is a deck roof consisting of flat metal joined by vertical or
overlapping seams. (20)
State disposal system (SDS) permit means any permit including any terms, conditions
and requirements thereof issued by the MPCA pursuant to Minnesota Statutes section
115.07 for a disposal system as defined by Minnesota Statues section 115.01,
subdivision 5. (19)
State. The words "the state" or "this state" shall mean the State of Minnesota. (1) (7.5)
• Statutes. References to "statutes" or to "M.S." are to the Minnesota Statutes unless
otherwise specified. (1)
Steep slope means land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of Chapters 18 & 20. Where specific
information is not available, steep slopes are lands having average slopes over twelve
(12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not
bluffs. (20)
Sterilized means neutered in the case of male dogs or cats, or spayed in the case of female
dogs or cats.
Storage building means any structure used for the storage of materials and accessories
used and normally associated with the principal use of the property. (20)
Store, Convenience see Convenience store.
Storm sewer connection means the installation of a hookup or connection from the
municipal storm sewer line I a street or easement to the structure to be served thereby or
• to any inlet or catch basin on the property drained by the storm sewer. (19)
49
•
L�
Storm sewer or storm drain means a sewer which carries storm and surface waters and
drainage, but excluding sewage and polluted industrial wastes. (19)
Story means that portion of a building included between
the surface of any floor and the surface of the floor next
above it. Or if there is not floor above it, then the space
between the floor and the ceiling next above it and
including a basement used for the principal use. If the
height (H) of the basement is more than twelve (12) feet
at any point, or if the height (H) is more than six (6) feet
for ore than fifty (50) percent of the perimeter of the
TOP OF
FLOOR
1 ! Story
building then it is considered a story. This definition refers to nonresidential properties
only. (20)
Street frontage means that portion of a parcel of land abutting one (1) or more public
streets. (20)
Street means a public right -of way or a private right-of-way occupied by a roadway. (1)
(7.5) (12) (18) (20)
Street width means the shortest distance between the
lines delineating the right-of-way of a roadway. (20)
Street, arterial means a street or highway with access
restrictions designed to carry large values of traffic
between various sectors of the city or county and beyond.
(18) (20)
Street, collector means a street that carries traffic from
minor streets to arterial streets. (18)
Street, local means a street of limited continuity which is
used primarily for access to abutting properties. (18)
Street, Minor see Minor Street.
Street, private means a street serving as vehicular access to two (2) or more parcels of
land which is not dedicated to the public but is owned by one (1) or more private parties.
(18) (20)
Strip, Buffer see Buffer strip.
Structure means anything manufactured, built, constructed, erected, or a portion thereof
which is normally attached to or positioned on land, whether temporary or permanent in
character, including but not limited to buildings, fences, sheds, advertising signs, dog
kennels, hard surface parking areas, boardwalks, playground equipment, concrete slabs.
(7) 20)
Structure Principal see Principal structure.
50
Structure, Accessory see Accessory use or structure.
• Structure, Conforming see Conforming building or structure.
Structure, Nonconforming see Nonconforming structure.
Structure, temporary see Temporary structure.
Subdivision means the separation of an area, parcel, or tract of land under single
ownership into two (2) or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the leasehold interest necessitates the creation of streets, or alleys,
for residential, commercial, industrial, or other use or any combination thereof, except
those separations: (a) Where all the resulting parcels, tracts, lots, or interests will be
twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses
and five (5) acres or larger in size for commercial and industrial uses; (b) Creating
cemetery lots; (c) Resulting from court orders, or the adjustment of a lot line by the
relocation of a common boundary. (18) (20)
Subscriber means any person who or which lawfully elects to subscribe to, for any
purpose, a service provided by the grantee by means of or in connection with the cable
system whether or not a fee is paid for such service. (7.5)
Substantial enlargement of a sexually oriented business means the increase in floor
area occupied by the business by more than twenty-five (25) percent, as the floor area
• existed on the effective date of this article. (10)
Substation, Electrical see Electrical Substation.
Substation, Power see Power substation.
Suitable backstop means any natural or manmade barrier of sufficient mass, size or
construction to wholly contain the projectile being discharged. (11)
Surface waters shall mean any water basins or watercourses defined as natural water
courses or public waters in Minnesota Statures Section 105.37, subdivisions 9, 10, 11,
and 14, respectively. (19)
Suspended soil means solids that either float on the surface of or are in suspension in
waste and which are removable by laboratory filtration; the quantity being determined by
a test as described in Standard Methods for the Examination of Water and Wastewater,
latest edition. (19)
Swimming area means an area immediately adjacent to the shoreline which is marked in
accordance with the applicable regulations of the state department of natural resources
and which is used solely for recreational swimming. (6)
Swimming Pool means any manmade structure for holding water, intended for swimming
• by human beings, excluding portable and inflatable structures.
51
Swimming raft means a small floating structure designed exclusively for swimming and
• sunbathing. (6)
System, Alternate see Alternate system. (19)
System, Experimental see Experimental system.
System, Failing see Failing system.
System, Wind energy conversion see Wind energy conversion system.
Table, Water see Water table.
Targeted recyclables means newspaper; clear, brown and green glass containers; tin cans;
aluminum beverage cans; cardboard; plastics; magazines; phonebooks; high grade paper
and or other materials that may be designated by resolution of the city council. (16)
Telecommunication Service, Commercial Wireless see Commercial wireless
telecommunication service.
Temporary Mobile Tower see Tower, temporary mobile.
Temporary Outdoor Display means a temporary outdoor display of merchandise,
products, or models for promotional or sales purposes.
• Temporary outdoor sales means and is defined as "sales activities characterized by their
short-term or seasonal nature, require an outdoor location, and by the fact that permanent
improvements are not made to the site." (20)
Temporary Real Estate Office means a unit or trailer within a development which may
be used as a sales or real estate office for the development in which it is located.
Temporary sign see Sign, temporary.
Temporary structure means a structure without any foundation or footings and which
shall be removed when the designed time period, activity, or use for which temporary
structure was erected has ceased. (20)
Temporary Trailer see Trailer, temporary.
Tenant, occupant. The words "tenant," and "occupant," applied to a building or land
mean any person, corporation, partnership or group, whether or not the legal owner of
record, occupying the whole or a part of such building or land, whether alone or with
others. (1) (7)
Tense. Words used in the past or present tense include the future as well as the past and
present.(I)
• Terminal, Truck see Truck terminal.
Toe of the bluff see Bluff, toe of.
52
Toilet Room. A room containing a water closet or urinal but not a bathtub or shower. (7)
Top of the bluff see Bluff, top of.
Topsoil. That portion of the overburden which lies closest to the earth's surface and
supports the growth of vegetation. (7)
Tower means any ground -mounted pole, spire, structure, or combination thereof,
including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an antenna, meteorological device, or similar apparatus above
grade. (20)
Tower, multi-user means a tower designed for the antennas of more than one (1)
commercial wireless telecommunication service provider or governmental agency. (20)
Tower, single -user means a tower designed for only the antennas of a single user. (20)
Tower, temporary mobile means any mobile tower, pole, or structure located on a trailer,
vehicle, or temporary platform intended primarily for the purpose of mounting an antenna
or similar apparatus for personal wireless services, also commonly referred to as cellular
on wheels (COW). (20)
Townhouse Dwelling see Dwelling, townhouse.
• Townhouse see Dwelling, townhouse.
Trade, Wholesale see Wholesale trade.
Trades, Home improvement see Home improvement trades.
Trail means a travel way designed for and used by pedestrians and cyclists using non -
motorized bicycles. (18)
Trailer, Boat see Boat trailer.
Trailer, temporary means a trailer or mobile home for construction purposes, the display
or sale of real estate, or major durable goods or as a temporary form of residential
dwelling on lot on which a house is being constructed. (20)
Trailer, travel means a vehicle or movable structure which is designed, intended or used
for temporary human habitation during recreational or vacation activities. The term
includes, without limitation, recreational vehicles, campers, camper trailers and tents, and
house travel and tent trailers, but does not include mobile homes. (20)
Transfer of ownership or control of a sexually oriented business means and includes
any of the following: (1) The sale, lease, or sublease of the business; (2) The transfer of
securities which constitute a controlling interest in the business, whether by sale,
• exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal
device which transfers the ownership or control of the business, except for transfer by
53
bequest or other operation of law upon the death of the person possessing the ownership
• or control. (10)
Transient merchant means any person, firm, corporation, or other business organization
who engages temporarily in the business of selling and delivering goods, wares, or
merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses, or
occupies any vacant lot, parking lot, motor vehicle, or trailer. (10)
Travel Trailer see Trailer, travel.
Tree means a woody plant which at maturity is thirteen (13) to twenty (20) feet or more
in height, with a single trunk, unbranched for at least several feet above the ground, and
having a more or less definite crown. (20)
Tree caliper means diameter of a tree measured at six (6) inches above ground. (20)
Tree trunk means the stem portion of a tree from the base to the first branch thereof. (20)
Tree, significant see Significant tree.
Trees, loss of means that any of the following may have happened: (1) Grade change or
land alteration, whether temporary or permanent, of greater than one (1) foot, measured
vertically from the existing grade, affecting forty (40) percent (as measured on a
horizontal plane) or more of a tree's critical root zone; or (2) Utility construction resulting
• in the cutting of forty (40) percent or more of the tree's roots within the critical root zone;
or (3) Mechanical injury to the tree trunk causing loss of more than forty (40) percent of
the bark; or (4) Compaction to ninety (90) percent of standard proctor to a depth of six
(6) inches or more of forty (40) percent or more of the surface of the soil within the tree's
critical root zone; or (5)The pruning of a tree which eliminates forty (40) percent or more
of the canopy area of a tree; or (6) The complete removal of a tree. (20)
Trees, special see Special trees.
Truck means any vehicle, the gross weight of which exceeds seven thousand (7,000)
pounds. (12)
Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading
equipment, and the like is stored or where trucks load and unload on a regular basis. (20)
Trunk, tree see Tree trunk.
Two-family Dwelling see Dwelling, two-family.
Under restraint means under control by means of a leash not exceeding six (6) feet in
length, or within the property of the owners premise.
Underage person. The term "underage person" means a person who is under the legal
• drinking age as provided by Minnesota Statutes Chapter 340A. (10)
54
Underway or in use means any watercraft in operation or use when not securely fastened
• to a dock or other permanent mooring or at anchor. (6)
Unit means one (1) complete single-family household. (19)
Unit, Housekeeping see Housekeeping Unit.
Use, Accessory see Accessory use or structure.
Use, Nonconforming see Nonconforming use.
Use, Semipublic see Semipublic Use.
Utility services means the erection, construction, alteration, or maintenance, by public
utilities or municipal or other governmental agencies, of underground or overhead gas,
electrical, steam or water transmission or distribution systems, communication, including
poles, wire, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, hydrants, and other similar equipment and accessories in
connection therewith, that is reasonably necessary for the furnishing of adequate service
by such public utilities or governmental agencies or for the public health or safety or
general welfare. This term does not imply overhead transmission lines in excess of sixty-
nine (69) kv. (20)
Utility, Public see Public utility.
• Utilized Water Body see Water Body, Utilized.
Variance means permission to depart from the requirements of Chapters 18 & 20. (20)
Vegetation clearing means the complete removal of existingvegetative cover in such a
manner as to expose the soil to air and water erosion. (20)
Vegetation, native. Native vegetation is the pre -settlement group of plant species native
to the North American continent which were not introduced as a result of European
settlement. (20)
Vehicle means any machine as defined under Minnesota Statures section 168.011 or
169.01 and includes any bicycle, go-cart, mini -bike, motorcycle, snowmobile, trailer,
recreational vehicle, all terrain vehicles or self-propelled instruments which carry or may
carry an occupant or occupants upon land or water. "Vehicle" includes every device in,
upon, or by which any person or property is or may be transported or drawn upon a
highway except devices moved exclusively upon stationary rails or tracts. (13) (14)
Vehicle Sales, small see Small Vehicle Sales.
Vehicle, Abandoned see Abandoned vehicle.
• Vehicle, Recreational see Recreational vehicle.
55
Vehicular use area (V. U.A.) means any open or unenclosed area containing more than
Is one thousand eight hundred (1,800) square feet of area and/or used by six (6) or more, of
any type of vehicle, whether mooring or at rest, including, but not limited to, parking lots,
loading and unloading areas, and sales and service areas. Driveways are considered to be
vehicular use areas whenever they are adjacent to public streets or other vehicular use
elements described previously in this paragraph (and intervening curbs, sidewalks,
landscape strips, etc., do not eliminate adjacency). (20)
Ventilation. The natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any space. (7)
Vocational school means establishments primarily engaged in offering specialized
vocational courses, including schools such as banking, commercial art, construction
equipment, correspondence schools, nursing schools, real estate schools, restaurant
operation, trade schools, and truck driving schools. (20)
Wall sign see Sign, wall.
Warehouse, Mini see Mini -warehouse.
Warehousing means the commercial storage of merchandise and personal property. (20)
Waste, Normal Domestic Strength see Normal domestic strength waste.
• Waste, yard see Yard waste.
Water Body, Utilized. Utilized water bodies created for the specific purpose of surface
water runoff retention and/or water quality improvements. These water bodies are not to
be classified as wetlands even if they take on wetland characteristics. Wetland alteration
permits shall not be required to undertake work on these water bodies. (20)
Water monitoring device shall mean equipment which measures the amount of liquid
which enters the sewage treatment system. (19)
Water obstacle means any ski jump, slalom course, diving tower or other structure upon
the water of any lake. "Water obstacle" does not include any dock or swimming raft or
watercraft. (6)
Water table shall mean the highest elevation I the soil where all the voids are filled with
water, as evidence by the presence of water or soil mottling or other evidence. (19)
Watercraft means any contrivance used or designed for navigation on water other than a
duck boat during the duck hunting season, a rice boat during the harvest season, or a
seaplane. (6) (12)
Water -oriented accessory structure or facility means a small, above ground building or
other improvement, except stairways, fences, docks, and retaining walls, which, because
• of the relationship of its use to a surface water feature, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures and
56
facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and
• detached decks.
Waters, Public see Public waters.
Waters, Surface see Surface waters.
Weapons, Dangerous see Dangerous weapons.
Week. The word "week" means seven (7) days. (1)
Weight, Gross see Gross weight.
Wetland delineation means a boundary between jurisdictional wetland and nonwetland
based on the 1987 Corps of Engineers Wetlands Delineation Manual. Acceptable
wetland delineations shall be no more than three (3) years old, unless accompanied by
documentation demonstrating: 1. The delineation has been reviewed in the past three (3)
years by a person trained and experienced in the application of the 1987 Corps of
Engineers Wetlands Delineation Manual; and 2. That the delineation is still accurate or
has been revised to reflect existing site conditions.
Wetland delineation report means a report containing a brief site narrative, maps of the
site and all pertinent data sheets that document the establishment of a wetland
delineation.
• Wetland means land transitional between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the following three (3) attributes:
(1) Have a predominance of hydric soils;(2) Are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances support a prevalence of such vegetation. (4) Wetlands
does not include types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife
Service Circular No. 39 (1971 edition), not included within the definition of public
waters, that are two and one-half (21/2) or more acres in size. (19) (20)
Wetlands, ag/urban. Wetlands that have been influenced by agricultural or urban
(residential, commercial, or industrial) land usage are called ag/urban. Influences include:
over nutrification, soil erosion and sedimentation, and water quality degradation. As a result
of these influences there is a loss of plant species diversity, overcrowding and domination
by invasive species such as reed canary grass, and reduction in wildlife habitat. (20)
Wetlands, natural. Natural wetlands are still in their natural state and typically show
little sign of impact from surrounding land usage. The vegetative community of these
wetlands is characterized by a diversity of plant species with mixed dominance of
species. Other key factors include: presence of natural indicator species, good wildlife
• habitat, and being aesthetically pleasing. (20)
Wetlands, pristine. Wetlands that exist in a natural state and have special and unusual
qualities worth protecting at a high level are called pristine. These qualities include:
57
outstanding vegetation community, native species population, rare or unusual species
• present, and habitat for rare wildlife species. (20)
Wholesale nursery means an enterprise which conducts the wholesale of plants grown on
site as well as accessory items directly related to their care and maintenance (but not
including power equipment such as gas or engine lawnmowers and farm implements).
(20)
Wholesale trade means an establishment or place of business engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business
users, or to other wholesalers; or acting as agents or brokers and buying merchandise for,
or selling merchandise to such individuals or companies. (20)
Width, Lot see Lot width.
Width, street see Street width.
Wind energy conversion system or (WECS) means any device that is designed to convert
wind power to another form of energy such as electricity or heat (also referred to by such
common names as wind charger, wind turbine and windmill). (20)
Window sign see Sign, window.
Woodland area, designated see Designated woodland area.
• Woodlands shall mean any groupings of significant trees with a canopy coverage of one
(1) acre or more, any groupings of ten (10) or more significant trees, or any grouping of
trees with at least one (1) special tree and where twenty-five (25) percent or more of other
trees are significant trees. (20)
Work the earth see Earth work or work the earth.
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work. (7)
Written permission requires that the following information must be included: The full
name, address, date of birth and signature of the person authorized to hunt or shoot; the
full name, address and signature of the landowner. (11)
Written; in writing. The words "written" or "in writing" include any representation of
words, letters or figures, whether by printing or otherwise. (1)
Yard means any open space that lies between the principal or accessory building or
buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the
ground upward except as may be specifically provided in Chapter 20. (20)
Yard waste means organic materials consisting of grass clippings, leaves weeds and other
• forms of organic garden waste, but excluding bushes, fibrous brush, woody materials, or
other materials that are not readily compostible within a calendar year. (16)
58
Yard, front means a yard extending across the full width of the lot between any building
• and the front lot line, and measured perpendicular to the building from the closest point
of the building to the front lot line. (20)
•
is
Yard, rear means a yard extending across the full width of the lot between the principal
building and the rear lot line, and measured perpendicular to the building from the closest
point of the building to the rear lot line. (20)
Yard, side means a yard extending form the front yard to the rear yard between the
principal building and the side lot line, measured perpendicular to the building from the
closest point of the building to the side lot line. (20)
Year. Unless otherwise designated, the word "year" means a calendar year. (1)
Zone, Primary see Primary zone.
Zone, secondary, see Secondary zone.
Zoning administrator means the community development director or designee. (20)
Zoning Lot see Lot, zoning.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 8th day of December, 2003, by the City Council
of the City of Chanhassen, Minnesota
JA
To d Gerhardt, City Manager
f
Thomas A. Furlong, M o
(Summary Ordinance Published in the Chanhassen Villager on December 25, 2003)
59
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.355
AN ORDINANCE AMENDING CHAPTER 1 OF CHANHASSEN CITY CODE
GENERAL PROVISIONS.
The purpose of this code amendment is to consolidate all definitions of the
Chanhassen City Code in one section.
A printed copy of Ordinance No. 355 is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of
December 2003, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Todd Gerhardt, City Manager/Clerk
40
(Summary Ordinance Published in the Chanhassen Villager on December 25, 2003.)
is
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
CITY OF CHANHASSEN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
CARVER AND HENNEPIN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
COUNTIES, MINNESOTA lager and has full knowledge of the facts herein stated as follows:
SUMMARY OF ORDINANCE" (A) These newspapers have complied with the requirements constituting qualification as a legal
NO.355 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
AN ORDINANCE AMENDING amended.
CHAPTER 1 OF CHANHASSEN
CITY CODE (B) The printed public notice that is attached to this Affidavit and identified as No. f �
GENERAL PROVISIONS. was published on the date or dates and in the newspaper stated in the attached Notice and said
The purpose of this code amendment Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
is to consolidate all definitions of the the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Chanhassen City Code in one section. inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
A printed copy of Ordinance No. 355 and publication of the Notice:
abcdef hi klmno rstuvwxyz
Manager/Clerk. g J Pq
PASSED, ADOPTED, AND
,,APPROVED FOR PUBLICATION this •
8& day of December 2003, by the City
Council of the City of Chanhassen. Laurie A. Hartmann
CITY OF CHANHASSEN
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on Subscribed and sworn before me on
Thursday, December 25, 2003; No. 4059)
et
this. daY of AA7-21_003
. GWEN M. RADdJENZ
NOTARY PUBLIC IK1; INESOTA
...,`' My Commisssa,} Exc:lreJa.a 3';, 2005
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch
Maximum rate allowed by law for the above matter ................................ $21.00 per column inch
Rate actually charged for the above matter ............................................... $10.63 per column inch