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Ordinance 621CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 621 AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE CHAPTER 1, GENERAL PROVISIONS, CHAPTER 5, ANIMALS AND FOWL, AND CHAPTER 20, ZONING CONCERNING STABLES. THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows by adding the following definitions: Free Choice Means the horse has a free and independent opportunity to access a structure without human intervention. A horse must be able to voluntarily enter and exit said structure. (5) Mini -horse means a horse that is 34 inches or less in height at maturity. (5) Pasture means a fenced area of real property for the grazing or keeping of horses, cattle, goats, or sheep. A pasture may be grassed which means that it provides sufficient and suitable vegetation for the feeding of a horse during the growing season or a "dry lot" which does not provide sufficient and suitable vegetation for the feeding of a horse. In a "dry lot" the horse must be fed to meet its minimum daily nutritional needs. (5) Section 2. Section 5-86 of the Chanhassen City Code is amended to read as follows: Section 5-86. — Definitions In this article, "horse" includes horses, ponies, mini -horses, mules, burros, alpacas or llamas. Section 3. Section 5-89 (a) (3) of the Chanhassen City Code is amended to read as follows: Horses must be provided a minimum of free choice protection of a constructed shelter from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind and from freezing precipitation for all horses. Constructed shelters must be a minimum of 240 square feet for the first two horses and 60 square feet for each additional horse. Four mini -horses or alpacas are equivalent to one horse. Each additional mini -horse or alpaca in excess of four mini -horses or alpacas would require a minimum of 15 square feet of additional shelter area. Constructed shelters must be structurally sound, free of injurious matter, maintained in good repair, and ventilated. Section 4. Section 5-104 of the Chanhassen City Code is amended to read as follows: Section 5-104 Conditions required for issuance. a. A stable permit shall be issued by the city clerk upon approval by the stable inspector if the following conditions are met: (1) Minimum pasture acreage for horses shall be determined as follows: (a) Grassed pasture two (2) acres per horse. Mini -horses and alpacas may reduce the required grassed pasture to one -quarter (1/4) acre per mini -horse or alpaca. A grassed pasture provides sufficient and suitable vegetation for the feeding of a horse during the growing season. (b) Dry lot 400 square feet of pasture per horse. Mini -horses and alpacas may be reduced to 200 square feet of dry lot per mini -horse or alpaca. A "dry lot' does not provide sufficient and suitable vegetation for the feeding of a horse. The applicant shall specify on the permit what acreage of pasture is grassed and what acreage is dry lot. (2) No stable permit shall be issued for a lot of less than one acre, or a lot with less than 120 square feet of free access shelter (3) Pasture area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the animal or animals confined within. (4) All shelters and stabling facilities must be setback at least 100 feet from any structure used for residential purposes, excepting those owned by the applicant. (5) The shelter or stabling facility shall be so located so as not to create a public nuisance. (6) The shelter or stabling facility shall be clean and sanitary. Excessive feces, urine, mud or other waste products must not accumulate within the housing enclosures or to the extent that these cause unhealthy conditions. (7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. (8) Accumulations of manure shall be located at least 100 feet from any well. (9) All accumulations of manure shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly. (10) The shelter structure shall be a minimum of 200 feet from any wetland. Section 5. Section 5-107 of the Chanhassen City Code is amended to read as follows: Section 5-107. — Preexisting Uses Properties with a valid stable permit as of May 8, 2017 may continue renew their stable permit in the following situations: 1) Non -conforming uses: The applicant may apply for a stable permit for up to the number of horses allowed by a previous permit, subject to the requirements of sections 20-71 to 91. 2) Interim use permit: Interim use permits for stables shall not be revoked by a change in zoning. Holders of interim use permits may continue to apply for and receive stable permits under the terms of their interim use permit. 3) Conditional use permit: Holders of conditional use permits may continue to apply for and receive stable permits under the terms of their conditional use permits. In any case where a property owner wishes to increase the number of horses housed on the property beyond what was allowed by a previous permit, they must meet the requirements of this article. Section 6. Section 20-616 of the Chanhassen City Code is amended to read as follows: Section 20-616- Interim uses. The following are interim uses in the "RSF" District: (1) Reserved. Section 7. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this May 8, 2017 by the City Council of the City of Chanhassen, Minnes ota Todd Gerhardt, City Manager Denny Lau enburger, Mayor (Summary Ordinance Published in the Chanhassen Villager on May 18, 2017) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 621 AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE CHAPTER 1, GENERAL PROVISIONS, CHAPTER 5, ANIMALS AND FOWL, AND CHAPTER 20, ZONING CONCERNING STABLES. The purpose of these code amendments are to amend Section 1-2 to define "Free Choice" as horse having voluntary access to structure without human intervention, "Mini -horse" as an adult horse under 34 inches in height, and "Pasture" as a fenced area of real property for grazing or keeping animals, either grassed or dry lot; to amend Section 5-86 to include mini -horses and alpacas and remove colts from the existing definition of "horse"; to amend Section 5-89(a)(3) to require horses be provided with free choice protection of constructed shelter, and specify the space required per horse; to amend Section 5-104 to stipulate grassed and dry lot pasture requirements, minimum free access shelter amounts, clarify shelter and stabling facility setbacks for residential structures, and revise cleanliness and sanitation requirements; to add Section 5- 107 to specify that pre-existing uses may continue under current IUP or CUP, and that non- conforming uses may continue at pre-existing intensities; and to amend Section 20-616 to remove private stables from the list of interim uses in residential districts. A printed copy of Ordinance No. 621 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 81h day of May, 2017, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on May 18, 2017) Affidavit of Publication CITY OF CHANHASSEN CARVER AND HENNEPIN Southwest Newspapers COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 621 AN ORDINANCE AMENDING State of Minnesota) THE CHANHASSEN CITY CODE CHAPTER 1, ) SS. GENERAL PROVISIONS, Count of C CHAPTER 5, ANIMALS y Carver ) AND FOWL, AND CHAPTER 20, ZONING CONCERNING STABLES. The purpose of these code Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized amendments are to amend agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Section 1-2 to define "Free Choice" lager and has full knowledge of the facts herein stated as follows: as horse having voluntary access to structure without human A These newspapers have com lied with the requirements constituting qualification as a legal intervention, Mini -horse" as OP� 9 g q g an adult horse under 34 inches newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as in height, and "Pasture" as a amended. fenced area of real property (�(y for grazing or keeping animals, (B) The printed public notice that is attached to this Affidavit and identified as No. either grassed or dry lot; to was published on the date or dates and in the newspaper stated in the attached Notice and C said amend Section 5-86 to include Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of mini -horses and alpacas and the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both remove colts from the existing inclusive, and is herebyacknowledged as being the kind and size of e used in the composition definition -8 "horse"; to amend and publication of the otice: g g type P Section 5-89(a)(3) to require .horses be provided with free choice protection of constructed abcdefghijklmnopgrstuvwxyz shelter, and specify the space required per horse; to amend Section 5-104 to stipulate grassed and dry lotpasture requirements, minimum free access shelter / Laurie A. Hartmann amounts, clarify shelter and stabling facility setbacks for `— residential structures, and revise cleanliness and sanitation Subscribed and sworn before me on requirements; to add Section 5-107 to specify that pre-existing uses may continue under current IUP or CUP, and that non -conforming this day of , 2017 uses may continue non-conforming intensities; and to amend Section 20-616 to remove private stables 22 from the list of interim uses in � , �, �i i t*'�ivi� ��� residential districts. F m v t A printed copy of Ordinance No. 621 is available for inspection i GJgvSS� rW h p c 3 0 by any person during regular N ayy/Public office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of May, 2017, by the city council of the city of Chanhassen. RATE INFORMATION (Published in the Chanhassen Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Villager on Thursday, May 18, 2017; No, 4456) Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch