Attachment 1. Ordinance 619CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 619
AN ORDINANCE AMENDING
CHAPTER 1, GENERAL PROVISIONS, CHAPTER 4, FEES,
CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING
OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows:
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 30 feet wide. The lot width on neck or flag lots and lots
accessed by private streets shall be 100 feet as measured at the front building setback line. Lots
of this type existing before March 26, 1990 shall be classified as neck/flag lots for the purposes
of determining lot area, lot coverage, and front yard setbacks even if they do not meet the
stipulated neck width. The location of flag -neck lots is conceptually illustrated below. (18, 20)
Neck/ Flag Late
Front Lot Line
Street
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Lot VNtl[h 100'.��I I_ 1 J
LotWAh
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Section 2. Section 4-30(b)(12) of the Chanhassen City Code is amended to read as
follows:
12. Temporary Outdoor Sales and Events
a) Temporary Outdoor Event Permit .......$50.00
b) Seasonal Sales Permit..........................$50.00
c) Special Event Permit..........................$100.00
d) Race Addendum ..................................$50.00
Section 3. Section 18-57(k) of the Chanhassen City Code is amended to read as follows:
(k) The length of the cul-de-sac shall be measured from the intersection of the cul-de-sac and
street's centerlines to the center point of the cul-de-sac turnaround radius (see diagram
below). The maximum length of a street terminating in a cul-de-sac shall be 800 feet. The
City Manager or their designee may approve a cul-de-sac exceeding 800 feet if they
determine that one or more of the following necessitate a length in excess of 800 feet:
(1) There are opportunities for a secondary access to adjacent properties in the future. The
cul-de-sac must comply with the temporary cul-de-sac standards specified in Section 18-
57(t), and should address an identified system deficiency outlined in the transportation
section of the City's Comprehensive Plan;
(2) Topography which would require substantial grading and/or the loss of significant trees
that would alter the physical character of the property and/or surrounding parcels.
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Section 4. The Chanhassen City Code is amended by adding section 18-57(r)(4) to read
follows:
(4) Sufficient open space is preserved or other provisions are made to offset the
increased percentage of hardcover that will be contained within the neck portion of
the lots.
Section 5. Section 20-5 of the Chanhassen City Code is amended to read as follows:
Sec. 20-5. - Identification of arterial and collector streets.
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For purposes of this chapter, the following are identified as arterial and collector streets:
Arterial streets:
County Road 14 (Pioneer Trail)
County Road 15 (Audubon Road south of Lyman Boulevard)
County Road 17 (Powers Boulevard)
County Road 18 (Lyman Boulevard west of County Road/Trunk Highway 101)
County Road 19 (Galpin Boulevard south of Trunk Highway 5)
County Road 61 (Flying Cloud Drive)
Country Road 101/Trunk Highway 101 (north to south corporate city limits)
Dell Road (Highway 5 south to corporate city limits)
Trunk Highway 5
Trunk Highway 7 (Principal)
Trunk Highway 41
U.S. Highway 212 (Principal)
Collector streets:
82nd Street
Audubon Road (north of Lyman Boulevard)
Bluff Creek Boulevard
Bluff Creek Drive
Century Boulevard (from West 78th Street to 82nd Street)
Coulter Boulevard
County Road 117 (Galpin Boulevard north of Trunk Highway 5)
Dakota Avenue (Highway 5 to Lake Drive East)
Dell Road (Trunk Highway 5 north to corporate city limits)
Great Plains Boulevard (West 78th Street to Grandview Road)
Kerber Boulevard
Lake Drive
Lake Drive East
Lake Drive West
Lake Lucy Road (Trunk Highway 41 to Powers Boulevard)
Longacres Drive
Lyman Boulevard (east of County Road/Trunk Highway 10 1)
Market Boulevard (Trunk Highway 5 to West 78th Street)
Minnewashta Parkway
Park Road
Pleasant View Road
Stoughton Avenue
West 78th Street (Trunk Highway 41 to County Road/Trunk Highway 101)
Yosemite Avenue
Section 6. Section 20-201 of the Chanhassen City Code is amended to read as follows:
Sec. 20-201. - Establishment of districts.
The city is divided into the following zoning districts:
Agricultural districts:
"A-2" Agricultural estate district.
Residential districts:
"RR" Rural residential district.
"RSF" Single-family residential district.
"R-4" Mixed low density residential district.
M
"R-8" Mixed medium density residential district.
"R-12" High density residential district.
"R-16" High density residential district.
"RLM" Low and medium density residential district.
Business districts:
"BN" Neighborhood business district.
"BH" Highway and business services district.
"CBD" Central business district.
"CC" Community Commercial District
"BG" General business district.
"BF" Fringe business districts.
Institutional and industrial districts:
"OI" Office and institutional district.
"IOP" Industrial office park district.
Special districts:
"PUD" Planned unit development.
"FW" Floodway district.
"FF" Flood fringe district.
"GFP" General floodplain district.
"S" Shoreland district.
"HC -1" Highway 5 central business corridor district.
"HC -2" Highway 5 corridor district.
"BCO" Bluff Creek Overlay District.
Section 7. Section 20-615(5) of the Chanhassen City Code is amended to read as
follows:
(5) The maximum lot coverage for all structures and paved surfaces is 25 percent. For
flag/neck lots neither the area within the neck, nor the impervious surface of the
driveway within the neck shall be included within the calculation of the lot area or lot
coverage of the lot.
Section 8. Section 20-693(4) of the Chanhassen City Code is amended to read as follows:
(4) Temporary outdoor sales and events (subject to the requirements of section 20-964).
Section 9. Section 20-713(3) of the Chanhassen City Code is amended to read as follows:
(3) Temporary outdoor sales and events (subject to the requirements of section 20-964).
Section 10. Section 20-743 of the Chanhassen City Code is amended to read as follows:
Antennas.
Automatic teller machines (ATMs).
Parking lots and ramps.
Signs.
Temporary outdoor sales and events (subject to the requirements of section 20-964).
Utility Services.
Section 11. Section 20-753(3) of the Chanhassen City Code is amended to read as
follows:
(3) Temporary outdoor sales and events (subject to the requirements of section 20-964).
Section 12. Section 20-772(3) of the Chanhassen City Code is amended to read as
follows:
(3) Temporary outdoor sales and events (subject to the requirements of section 20-964).
Section 13. Section 20-793(3) of the Chanhassen City Code is amended to read as
follows:
(3) Temporary outdoor sales and events (subject to the requirements of section 20-964).
Section 14. Section 20-813 of the Chanhassen City Code is amended is amended by
adding section 20-813(5) as follows:
(5) Temporary outdoor sales and events (subject to the requirements of sections 20-964).
Section 15. Section 20-902 of the Chanhassen City Code is amended to read as follows:
In any single-family detached residential district, business, commercial, office, or
industrial district not more than one principal building shall be permitted to be erected on a
single building lot. Groupings of buildings may be permitted in Planned Unit Development
Districts.
Section 16. Section 20-917 of the Chanhassen City Code is amended to read as follows:
Sec. 20-917. - Chemical Toilets (portable toilets)
Chemical toilets are permitted only on a temporary basis on construction sites, on city -
owned parkland in conjunction with city park functions, or as part of an outdoor sale or event
approved under Sec. 20-964. These portable toilets must be models designed to minimize the
potential for spilling, and those associated with construction sites must be removed within 24
hours of the completion of construction activities.
Section 17. Section 20-964 of the Chanhassen City Code is amended to read as follows:
Sec. 20-964. - Temporary outdoor events, sidewalk sales, seasonal sales, and special events.
(1) Purpose. It is the intent of this section to provide for temporary outdoor events, sidewalk
sales, seasonal sales, and special events which are distinguished from permanent outside
business activities that are allowed only by conditional use permit or interim use permit
approved by the City Council. It is the intent of this section to promote the health, safety,
general welfare, aesthetics, and image of the community by facilitating and regulating
temporary outdoor events, sidewalk sales, seasonal sales, and special events in the
following manner:
a. Establish standards which permit businesses and organizations to conduct temporary
outdoor events, sidewalk sales, and seasonal sales in zoning districts where they are
permitted accessory uses, and permit businesses, organizations, and individuals to
sponsor special events while:
1. Ensuring that temporary outdoor events, sidewalk sales, seasonal sales, and
special events do not create safety hazards by occupying required parking spaces,
emergency access, by impeding the efficient movement of pedestrian and
vehicular traffic, or by placing an excessive burden on city services.
2. Ensuring that appropriate and necessary insurances and licenses for temporary
outdoor events, sidewalk sales, seasonal sales, and special events are obtained.
3. Providing open and transparent standards, guidelines, and procedures for an
administrative review of temporary events, sidewalk sales, seasonal sales, and
special events.
b. Allow temporary events and sidewalk sales which require an outdoor location, while
providing standards that will assure compatibility with the underlying zoning district
and adjacent property uses. These events and sidewalk sales can include but are not
limited to product demonstrations or promotions, employee or customer appreciation
events, corporate anniversary celebrations, and grand openings.
c. Allow certain uses which are seasonal in nature, while providing standards that will
assure compatibility with the underlying zoning district and adjacent property uses.
These uses can include but are not limited to farmers' markets, produce stands, and
outdoor sales associated with public or religious holidays.
d. Limit temporary outdoor sales to activities which are short-term or seasonal and
which do not require permanent improvements to the site.
e. Allow for special events, while providing standards that assure the health, safety,
general welfare, aesthetics, and image of the community. Special events can include
but are not limited to concerts, car shows, races and walks, parades, and festivals.
(2) Findings. The city recognizes that temporary outdoor events, sidewalk sales, seasonal
sales, and special events play an important role in the success of businesses and in
fostering an active, integrated, and appealing community. The city finds it necessary for
the promotion and preservation of the public health, safety, welfare and aesthetics of the
community that the location, size, and appearance of temporary outdoor events, sidewalk
sales, seasonal sales, and special events be controlled. Further, the city finds that:
a. Temporary outdoor events, sidewalk sales, seasonal sales, and special events are an
integral component of economic development.
b. Temporary outdoor events, sidewalk sales, seasonal sales, and special events have a
direct impact on and a relationship to the image of the community.
c. Temporary outdoor events, seasonal or sidewalk sales activities may present an
obstacle to effective firefighting and other emergency services by blocking necessary
exits, fire lanes, or turnaround areas.
d. Uncontrolled and unlimited temporary outdoor events, sidewalk sales, seasonal sales,
and special events can adversely impact the image and aesthetics of the community
and, thereby, undermine economic value and growth.
e. Uncontrolled temporary outdoor events, sidewalk sales, seasonal sales, and special
events may conflict with existing and neighboring uses.
Temporary outdoor events, sidewalk sales, seasonal sales, and special events can
exceed the city's capacity to provide municipal services. These municipal services
include, but are not limited to, sanitary facilities, fire, police, and utility services.
Regulation is needed to ensure that the health, safety, and general welfare of the
community are not negatively impacted.
(3) Permit Required. No person shall sponsor, host, or organize a temporary outdoor event,
sidewalk sale, seasonal sale, or special event without the relevant permit issued pursuant
to this section.
a. A temporary outdoor event permit shall be required for an activity which will be
entirely confined to the applicant's property, will last no longer than seventy-two
hours, and is not reasonably expected to impact traffic, parking, public safety, or
other municipal services. Typically, temporary events and sidewalk sales requiring
an outdoor location would require this permit.
b. A seasonal sales permit shall be required for a commercial activity which will be
entirely confined to the applicant's property, will last longer than seventy-two hours,
and is not reasonably expected to impact traffic, parking, public safety, or other
municipal services. Typically, seasonal sales requiring an outdoor location would
require this permit.
c. A special event permit shall be required for an activity which will require the use of
public spaces or services, or which is reasonably expected to impact traffic, parking,
public safety, or other municipal services.
(4) Exemptions. The following events shall not require a permit under this section:
a. Indoor events not reasonably expected to impact traffic, parking, public safety, or
other municipal services.
b. Non-commercial private events, including but not limited to, weddings, wedding
receptions, anniversaries, birthdays, family reunions, funeral processions, and
graduation parties.
c. Events for which a Public Gathering Permit has been issued as provided for in Sec.
14-58, provided that the event is entirely confined to a city park and cannot be
reasonably expected to impact traffic, parking, public safety, or other municipal
services.
d. Community Events organized by or in partnership with the City of Chanhassen.
(5) Application for permit. The applicant shall submit an application for the relevant permit
to the City Manager or their designee. Applications for temporary outdoor events and
seasonal sales permits shall be submitted on forms provided by the city at least ten
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business days prior to the date of the requested activity. Applications for special events
shall be submitted on forms provided by the city at least sixty days prior to the date of
the requested activity. They City Manager or their designee may waive the ten or sixty-
day requirement if they find extenuating circumstances require a shorter review period.
Included with application should be:
a. A signed letter of permission from the owner of the property, if different than
applicant, stating that the applicant has permission to conduct the event.
b. A concise statement describing the purpose and nature of the activity, description of
any commercial activity, dates and times of operation, number of employees or
volunteers involved, estimated number of attendees, provisions for on-site parking
and security, and any other pertinent information required by the City Manager or
their designee to fully evaluate the application.
c. A site plan or aerial photo of the property showing sufficient detail to evaluate the
event's location and the placement of any temporary structures associated with the
event. The City Manager or their designee may require a copy of an approved site
plan, drawn to scale, or an "as -built" survey, which accurately represents existing
conditions on the site, including entrances and exits, and bona fide parking and
driving areas, and which accurately indicates any proposed temporary structures,
including tents, stands, chemical toilets and signs, when, in their judgement, such a
plan is necessary to properly evaluate the permit.
d. An accurate floor plan of any building on the property, when, in the judgment of the
City Manager or their designee, such a plan is necessary to properly evaluate the
location of the activity and the effectiveness of building entrances and exits.
e. Proof of liability insurance. The certificate of insurance must name the City, its
officials, employees, and agents as additional insured. The limits of insurance will
not be less than: one million dollars ($1,000,000.00) each occurrence; two million
dollars ($2,000,000.00) general aggregate. The City may waive or reduce this
requirement in the event that:
1. The applicant signs a verified statement that the required insurance coverage
cannot be obtained; or,
2. The City Manager or their designee determines that the insurance requirements
are in excess of the risk presented by the proposed activity.
f. Applications or valid permits for all regulated activities associated with the event
including, but not limited to, loudspeaker or similar device, temporary lifting of no
parking requirements, street closures for neighborhood events, race addendum and
those required for the sale of produce, prepared food, and/or alcohol.
g. If applying for a special event permit the applicant shall also provide:
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1. A list of public spaces or services the event requires.
2. A statement detailing the events expected impact on traffic, parking, public
safety, and any other relevant public services. A detailed plan for how the
applicant will manage and mitigate these impacts shall also be included.
h. A nonrefundable fee which shall be imposed in accordance with the fee schedule
established by the City Council. The intent of this section is to recover costs
associated with administering the ordinance from which this section derives. Permit
fees shall reflect the costs of reviewing and processing permits, as well as costs
associated with periodic enforcement activities and compliance checks.
(6) Procedure. The application will be processed as follows:
a. The City Manager or their designee shall review applications for administrative
permits and shall determine if the proposal is in compliance with all applicable
codes, ordinances, and the specific standards for temporary outdoor events, seasonal
sales, or special events as set forth in this section. The application shall also be
reviewed by the public safety department and any other appropriate review agencies.
b. If the proposal is in compliance with all applicable codes, ordinances, and the general
and specific standards for temporary outdoor events, seasonal sales, or special events
as set forth in this section, a written permit shall be issued to the applicant. Any
conditions necessary to assure compliance with applicable codes, ordinances, and the
standards in this section shall be attached to the permit.
c. If the City Manager or their designee finds grounds for denying the permit, these
findings shall be communicated to the applicant and the application for the permit
shall be considered denied; unless, within ten days of the date of such notice, the
applicant submits revised plans and/or information with which brings the proposal
into compliance.
d. If the City Manager or their designee deny an application for a temporary outdoor
event, seasonal sale, or special event, the applicant may appeal the decision to the
City Council. Such an appeal must be submitted to the City Manager in writing no
later than ten days from the date of the decision.
(7) Grounds for Denial. A sales or event permit application maybe denied if based on the
application and other relevant information, the city finds that:
a. Information contained in the application or otherwise submitted by the applicant is
false or insufficient to allow for an effective evaluation of the proposed sale or event.
b. The applicant fails to provide required or requested supplemental information after
having been notified by the city that additional documentation is required.
c. The applicant fails to agree to all conditions and terms of permit.
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d. The applicant has outstanding fees due to the city, unresolved code enforcement or
noncompliant building permit issues, has violated the terms and conditions of a
previously issued sale or event permit, or has had a previously issued sale or event
permit revoked by the city.
e. The type of sale or event is not permitted by zoning or other statute.
f. The time, hours, location, size, or nature of the sale or event will substantially disrupt
or burden traffic, parking, public safety, or other municipal services and the city does
not have sufficient resources to mitigate these impacts.
g. The location or time of the sale or event conflicts with previously scheduled sales or
events, and the city does not have sufficient resources available to adequately support
both sales or events and/or normal operation of the city.
h. The location of the sale or event would interfere with construction or maintenance
work scheduled to take place upon or along public property or right of way.
i. The location of the sale or event would cause undue hardship for adjacent uses.
j. The sale or event is likely to endanger public safety, health, or property.
k. The applicant does not have the required liability insurance.
(8) Permit Conditions. The city may place conditions on the time, place, and other aspects of
any sale or event allowed by this section as deemed necessary to mitigate the activity's
impact on traffic, parking, public safety, or other municipal services. These conditions
may include, but are not limited to:
a. Changing the date(s), time(s), route, or location of the proposed activity.
b. Removing or altering an aspect of the activity which cannot be mitigated sufficiently
to ensure public safety and welfare, or which causes liability to the city.
c. Alterations to the traffic control or safety/emergency plan.
d. Limiting the activity's maximum attendance.
e. Restricting the sale or consumption of food or alcohol.
f Removal of advertising/promotional materials.
g. Requirements for the cleanup and restoration of any public property.
1. The applicant may be required to provide the city with an escrow in order to
guarantee the cleanup and restoration of public property. The amount of the
escrow shall be determined by the Engineering Department for potential impacts
to streets and areas with the City Right of Way and by the Park and Recreation
Department for potential impacts to parks and trails.
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h. Requirements for appropriate sanitation facilities, waste receptacles, and availability
of potable water.
i. Requirements designed to ensure compliance with applicable local, state, and federal
laws.
j. Any other conditions which the city deems necessary.
(9) Limitations; general conditions.
a. All activities allowed by this section:
1. The site shall be cleared and all remaining debris removed from the sales or event
site on the last remaining day of the permit.
2. Acceptable space for off-street parking and traffic circulation generated by the
use must be provided. Curb and gutter with drive approaches is desired to provide
safe turn movements.
3. Lighting shall be compatible with surrounding adjacent uses.
4. Signage should be limited to window signs, and one outdoor sign no greater than
24 square feet. Other signage for purposes of traffic direction and control may be
authorized by the City Manager or their designee.
5. Front yard, side yard, and rear yard setbacks shall be a minimum of ten feet.
6. All other pertinent city and state permits must be obtained.
7. The approved permit shall be kept on the premises for the duration of the activity.
8. No outdoor speaker system shall be allowed without permission from the city.
b. Temporary outdoor events:
1. Shall be permitted for the period specified in the administrative permit.
2. Shall not exceed 15 days per calendar year per property or center.
3. Shall have a maximum duration of three days.
c. Seasonal sales:
1. Permitted temporary outdoor sales activities are limited to the following:
a. Christmas tree sales.
b. Seasonal Holiday Markets
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c. Seasonal Produce Stands
2. Shall be for the period specified in the administrative permit.
3. Shall not exceed 120 days per calendar year per property or center.
4. There shall be no more than three sales activities per year per property or center.
d. Special events:
1. Shall be permitted for the period specified in the administrative permit.
2. Shall have a maximum duration of seven days.
3. There shall be no more than four special event permits issued per property or
center per calendar year.
(10) Administration and enforcement.
a. The city may inspect the property on which the sale or event is being held
before the start of the sale or event and/or during the sale or event to verify
compliance with the provisions of this section or any permit conditions.
b. The City Manager or their designee may, upon written notice, suspend or revoke
the sale or event permit of any person who violates any of the provisions of this
section or any of the conditions of the permit.
c. Any sale or event permit issued may be summarily revoked by the city's chief
law enforcement officer or fire chief at any time when by reason of an
emergency, the law enforcement officer or fire chief determines that the safety
of the public or property requires such revocation.
d. If, at any time, a permit under the provisions of this section is suspended or
revoked, it shall thereafter be unlawful for that person or organization to
operate, open, maintain, manage or conduct any temporary outdoor event,
seasonal sale, or special event.
e. Violation of an issued permit or the provisions of this section may be grounds
for denial of future permit applications during a calendar year.
Section 18. Section 20-1122(6) of the Chanhassen City Code is amended to read as
follows:
(6) For A-2, PUD -R for single-family detached houses, RR, RSF, R-4 and RLM for single-
family detached residential uses, the width of the driveway access shall not exceed 24
feet at the right-of-way line. No portion of the right-of-way may be paved except that
portion used for the driveway. Inside the property line of the site, the maximum
driveway width shall not exceed 50 feet. For flag/neck lots the impervious surface of the
driveway access within the neck portion of flag/neck lots shall not exceed 33 percent of
the neck's area. For all lots the minimum driveway width shall not be less than ten feet.
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Section 19. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 27`h day of February, 2017 by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Summary Ordinance 619 published in the Chanhassen Villager on March 9, 2017)
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