1i. Code Amendment - Chapter 1, Definitions
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952,227.1190 .
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952,227,1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227,1400
Fax: 952.227,1404
Planning &
Natural Resources
Phone: 952,227.1130
Fax: 952,227.111 0
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952,227.1310
Senior Center
Phone: 952.227.1125
Fax: 952,227.1110
Web Site
www.ci.chanhassen.mn.us
1.~
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Angie Kairies, Planner I
DA TE:
6W'
August 10, 2009
SUBJ:
City Code Amendment
Chapter 1, General Provisions (Definitions)
PROPOSED MOTION:
"Staff recommends that City Council adopt the proposed amendments to
Chapter 10f the Chanhassen City Code as outlined in the staff report."
BACKGROUND
As part of the City Code updates, staff is proposing additional definitions to
provide clarification of City Ordinances.
ANALYSIS
Due to proposed changes throughout the Chanhassen City Code, staff
recommends the following definitions be added to the list of definitions in
Chapter 1 to fully incorporate the various code amendments:
ISSUE 1: The following uses are permitted as a Conditional Use in the Highway
and Business Services District (BH), General Business District (BG), and Office
Industrial Park (lOP); however, the uses are not defined in the City Code:
Automotive Dealer means establishments primarily engaged in the retail sale of
new automobiles or new and used automobiles, including trucks, boats and
recreational vehicles. (20)
Automotive Repair/Body Shop means an establishment engaged in performing
major repairs and service to passenger automobiles, trucks, vans and motorcycles.
Major repair may include all activities of repair or servicing allowed in a minor
automobile repair establishment as well as major engine and transmission repair
and replacement. The rebuilding or reconditioning of passenger automobiles,
body, frame or fender straightening, painting, rust-proofing, or other similar
activity is not considered major vehicle repair and is defined separately. (20)
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Todd Gerhardt
August 10, 2009
Page 2 of 3
Auto Services Center means an establishment engaged in performing minor repairs and service to
passenger automobiles, trucks, vans and motorcycles. Services may include emissions testing
and car wash. Minor repair may include muffler replacement, oil and fluid changing and
lubrication, tire repair and replacement, wheel alignment, brake repair, suspension repair, minor
engine and transmission repair, flushing of radiators, servicing of air conditioners, and similar
minor repairs and service. (20)
ISSUE 2: On August 25,2008, the City Council approved an amendment to the Subdivision
Ordinance (Chapter 18) in accordance with 2006 legislation. The new legislation requires park
dedication requirements be calculated based on "buildable land" in a subdivision. The law
further states that the City must define the term "buildable land" in its ordinance.
Buildable Land means all land except wetlands and public waters, and land dedicated for Local,
County and State roads. (18)
ISSUE 3: On October 13, 2008, the City Council approved an amendment to the Zoning
Ordinance (Chapter 20) referencing the Freedom to Breathe Provision. The purpose of the
Freedom to Breathe Provision is to protect employees and the general public from the hazards of
secondhand smoke by prohibiting smoking in public places, places of employment, public
transportation, and at public meetings.
The following definitions are related to the Freedom to Breathe Provision:
Indoor Area means all space between a floor and a ceiling that is bound by walls, doorways, or
windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent. (20)
Public Transportation means public means of transportation, including light and commuter rail
transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles
other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public
transportation terminals. (20)
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other
lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe,
or any other lighted smoking tobacco or plant product equipment intended for inhalation. (20)
ISSUE 4: It is often the case that upon development of a site the existing vegetation is left as the
buffer. This vegetation often consists of vegetation that does not provide adequate filtration,
aesthetics or is listed as a noxious weed by the MN Department of Agriculture and is therefore
unacceptable for the intended purpose as a wetland buffer. Staff has developed a definition of
unacceptable vegetation to clarify what species are unacceptable within buffer strips.
Vegetation, Unacceptable means non-native species that may pose a threat to native vegetation
and native plant communities within a wetland and wetland buffer. This includes but is not
Todd Gerhardt
August 10, 2009
Page 3 of 3
limited to non-native vegetation, invasive vegetation, agricultural weeds and those listed on the
state noxious weed list. (20)
ISSUE 5: On July 21,2009, the Planning Commission recommended approval of the
amendments to the sign ordinance pertaining to Electronic Message Center (EMC) Signs. There
currently is not a definition of Electronic Message Center signs within the City Code.
Sign, Electronic Message Center (EMC) means a sign or portion of a sign that displays
electronic, non-pictorial text information in which each alpha-numeric character or symbol is
defined by a small number of matrix elements using different combinations of light emitting
diodes (LED's), fiber optics, or other illumination devised within the display area. The characters
for the copy or script shall be only that available on a standard word processing keyboard, and
shall not include graphics, pictures, or other items. Electronic changeable copy signs include
computer programmable, microprocessor-controlled electronic displays and messages that are
projected onto building or other objects. Motor fuel price signs are not considered to be EMC
signs. (20)
ISSUE 6: On July 21,2009, the Planning Commission recommended approval of the
amendments to the Structures, Boats and Waterways section of the City Code. The definition of
dock cross bar width was difficult to interpret.
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)
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)
RECOMMENDA TION
"Staff recommends that City Council adopt the proposed amendments to Chapter 10f the
Chanhassen City Code as outlined in the staff report."
ATTACHMENT
1. Ordinance Amendment.
g:\plan\city code\2009 code amendments\chapter 1 definitions.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1
CHANHASSEN CITY CODE,
GENERAL PROVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
the following definitions to Section 1-2, which shall read as follows:
Automotive Dealer means establishments primarily engaged in the retail sale of new
automobiles or new and used automobiles, including trucks, boats and recreational
vehicles. (20)
Automotive Repair/Body Shop means an establishment engaged in performing major
repairs and service to passenger automobiles, trucks, vans and motorcycles. Major repair
may include all activities of repair or servicing allowed in a minor automobile repair
establishment as well as major engine and transmission repair and replacement. The
rebuilding or reconditioning of passenger automobiles, body, frame or fender
straightening, painting, rust-proofing, or other similar activity is not considered major
vehicle repair and is defined separately. (20)
Auto Services Center means an establishment engaged in performing minor repairs and
service to passenger automobiles, trucks, vans and motorcycles. Services may include
emissions testing and car wash. Minor repair may include muffler replacement, oil and
fluid changing and lubrication, tire repair and replacement, wheel alignment, brake repair,
suspension repair, minor engine and transmission repair, flushing of radiators, servicing of
air conditioners, and similar minor repairs and service. (20)
Buildable Land means all land except wetlands and public waters, and land dedicated for
Local, County and State roads. (18)
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)
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)
Indoor Area means all space between a floor and a ceiling that is bound by walls, doorways,
or windows, whether open or closed. A wall, for the purpose of smoking shelters, includes
any retractable divider, garage door, or other physical barrier, whether temporary or
permanent. (20)
Public Transportation means public means of transportation, including light and commuter
rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-
hire vehicles other than those being operated by the lessee; and ticketing, boarding, and
waiting areas in public transportation terminals. (20)
Sign, Electronic Message Center (EMC) means a sign or portion of a sign that displays
electronic, non-pictorial text information in which each alpha-numeric character or symbol
is defined by a small number of matrix elements using different combinations of light
emitting diodes (LED's), fiber optics, or other illumination devised within the display area.
The characters for the copy or script shall be only that available on a standard word
processing keyboard, and shall not include graphics, pictures, or other items. Electronic
changeable copy signs include computer programmable, microprocessor-controlled
electronic displays and messages that are projected onto building or other objects. Motor
fuel price signs are not considered to be EMC signs. (20)
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any
other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar,
cigarette, pipe, or any other lighted smoking tobacco or plant product equipment intended
for inhalation. (20)
Vegetation, Unacceptable means non-native species that may pose a threat to native
vegetation and native plant communities within a wetland and wetland buffer. This
includes but is not limited to non-native vegetation, invasive vegetation, agricultural weeds
and those listed on the state noxious weed list. (20)
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 10th day of August, 2009, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
g:\plan\city code\2009 code amendments\amendment ordinance ch I definitions 2009.doc
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