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Ordinance 639CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.639 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS; CHAPTER 4, AN ORDINANCE AMENDING CHAPTER 4, LICENSE, PERMIT AND ADMINISTRAIVE FEES; CHAPTER 5, ANIMALS AND FOWL; AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE The purpose of these code amendments are as follows: Amend Section 4-30(b)(23) to establish a $25.00 chicken permit fee; and Amend Section 5-126 to Section 5-129 to reserve space for future amendments; and Amend Section 5-130 to define the terms chicken or domesticated chicken, coop, hen, rooster, and run within Article V.-Chickens; and Amend Section 5-131 to state that the purpose of the chicken ordinance is to establish requirements for keeping chickens within the city and mitigate the potential adverse effects of keeping chickens; and Amend Section 5-132 to require a permit for keeping chickens and establish that to receive a permit, an applicant must submit a fee and form, have a lot one acre or larger, have a principal use of the property a single-family residential structure, notify neighbors, not have a prior permit revoked by the city, and meet the city's density and setback requirements; and Amend Section 5-133 to limit the number of chickens allowed based on property size and establish setbacks for coops and runs; and Amend Section 5-134 to establish standards of practice for keeping chickens; and Amend Section 5-135 to state that a chicken permit may be revoked if the permit holder violates the standards of practice for keeping chickens or if the chickens are found to constitute a nuisance; and Add Section 20-136 to Section 20-145 to reserve space for future amendments; and Amend Section 20-652(6) to reference the requirements of section 20-965; and Amend Section 20-672(6) to permit continuing care retirement facilities, subject the requirements of section 20-965; and `. Amend Section 20-681(6) to permit continuing care retirement facilities, subject the requirements of section 20-965; and Amend Section 20-741 to Section 20-750 to organize and format the city's Community Commercial District in a manner similar to the city's' other zoning districts; and Amend Section 20-912 to address a clause that exempted agricultural and single-family districts from the city's prohibition on the exterior incineration of trash or garbage; and Amend Section 20-1001 to allow for the keeping of chickens in accordance with Chapter 5, Article V; and Amend Section 20-1270 to require commercial signs to conform to the design and construction standards set forth in Appendix H of the International Building Code. A printed copy of Ordinance No. 639 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 I lth day of March, 2019, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on March 21, 2019) 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ti. ORDINANCE NO.639 AN ORDINANCE AMENDING CHAPTER 4, LICENSE, PERMIT AND ADMINISTRAIVE FEES; CHAPTER 5, ANIMALS AND FOWL; AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The Chanhassen City Code is amended by adding Section 4-30(b)(23) to read as follows: 23. Chicken Permit..... $25.00 Section 2. The Chanhassen City Code is amended by adding Section 5-126 to Section 5- 145 to read as follows: Sec. 5-126 — 129. — Reserved. ARTICLE V. — Chickens Sec. 5-130. — Definitions. In this article, the following terms have the stated meanings: "Chicken or domesticated chicken" means a subspecies of the species Gallus domesticus. "Coop" means the structure for the keeping or housing of chickens. "Hen" means a female chicken. "Rooster" means a male chicken. "Run" means an enclosed and covered area attached to the coop where the chickens can roam unsupervised. Sec. 5-131. - Purpose of Ordinance. The purpose of this ordinance is to provide minimum standards for the keeping of domesticated chickens. This article enables residents to keep chickens on a non-commercial basis as an accessory use to a residence, while limiting the adverse effects of the activity on surrounding properties. Such adverse effects can include noise, odors, unsanitary conditions, attraction of predators, chickens running at large, unsightly �-- conditions, and similar adverse conditions. Sec. 5-132. - Permit required. 1) No person shall maintain or keep domesticated chickens without a permit issued by the city. Properties exceeding 10 acres where agriculture is a permitted use are exempt from the permit requirements of this article. 2) Application for a permit required by article shall be made to the city upon a form furnished by the city. A nonrefundable fee in the amount established by ordinance shall be paid to the city when the application if filed. 3) In order to be issued a permit the applicant must: a. Have a lot one acre or larger. b. Have as the principal use of the property a single-family residential structure. c. Submit a notarized statement to the city stating that they have informed all adjoining neighbors that they intend to keep chickens. d. Not have had a prior chicken permit revoked by the City of Chanhassen. e. Meet the density and setback requirements listed in Sec. 5-133. Sec. 5-133. - Density and Setbacks. 1) No person is permitted to keep more than the following numbers of chickens on any lot within the city, based upon the size of the parcel: a. Lots one acre or larger but smaller than two and one-half acres: 8 chickens b. Lots two and one-half acres or larger but smaller than ten acres: 16 chickens c. Lots larger than ten acres: No limit 2) The coop and attached run must be located in the rear yard and must be set back a minimum of 25 feet from all adjacent residences that are not occupied by the applicant, and be set back a minimum of 10 feet from any lot line. a. On corner lots, coops and runs may not be located in any yard with street frontage. b. On double frontage lots, coops and runs may not be located in any required front yard. Sec. 5-134. - Standards of Practice. The following standards of practice apply to all properties governed by this article: 1) No roosters or crowing hens are allowed. 2) No outdoor butchering of chickens is allowed. 3) Chickens must be kept in a coop or run whenever they are unsupervised; however when supervised they are allowed in a fenced area. 4) The coop must: a. Be maintained in good condition. b. Be enclosed and constructed of durable materials to prevent entry by predators or the escape of chickens. c. Be built to protect the chickens from extreme heat or cold. d. Provide at least 4 square feet per chicken. 5) The run must: a. Be maintained in good condition. b. Be attached to the coop. c. Be enclosed and constructed of durable materials to prevent entry by predators or the escape of chickens. 2 d. Provide at least 4 square feet per chicken. 6) The chicken's living area must be maintained in a clean and sanitary condition. 7) Odor shall not be perceptible at the lot line. 8) All stored manure shall be placed within a fully enclosed container. All manure not used for composting or fertilizing shall be removed weekly. The coop and run must be kept free from trash and accumulated manure. 9) Feed must be stored in a rodent -proof container inside of a structure. 10) No person may keep any chickens inside a house. Sec. 5-135. - Revocation of Permit. A chicken permit issued under this article may be revoked by the Community Development Director if it is determined after an inspection by city staff that the permit holder has not maintained the standards set forth in Sec. 5-134 or that chickens are being kept in such a manner as to constitute a public nuisance. Sec. 5-136 - 145. — Reserved. Section 3. Section 20-652(6) of the Chanhassen City Code is amended to read as follows: (6) Continuing care retirement facility, subject to the requirements of Section 20-965. Section 4. The Chanhassen City Code is amended by adding Section 20-672(6) to read as follows: (6) Continuing care retirement facility, subject to the requirements of Section 20-965. Section 5. The Chanhassen City Code is amended by adding Section 20-681(6) to read as follows: (6) Continuing care retirement facility, subject to the requirements of Section 20-965. Section 6. Section 20-741 to Section 20-750 of the Chanhassen City Code is amended to read as follows: ARTICLE XVIII-A. - "CC" COMMUNITY COMMERCIAL DISTRICT Sec. 20-741. - Intent. (a) The intent of the Community Commercial District is to provide for moderate to large - sized commercial development. These large-scale commercial and office users need high visibility along arterial roads. While smaller scale ancillary commercial uses may be permitted integral to the principal use, the primary use of a building shall be medium to large -type users with a minimum tenant space of 15,000 square feet. The intent of the district is to accommodate larger uses. The creation of multi -tenant, small user, strip centers is prohibited. 3 (b) Location criteria for Community Commercial uses are: Access to arterial and collector streets, preferably at intersections with collector and arterial streets; moderate to large - sized sites; public water and sewer service; environmental features such as soils and topography suitable for compact development; and adequate buffering by physical features or adjacent uses to protect nearby residential development. (c) The total building area on a single level or floor for an individual use shall be no more than 65,000 square feet. Sec. 20-742. - Permitted uses. The following uses are permitted in a "CC" District: (1) Arts and crafts supply store. (2) Automotive parts and accessories. (3) Bookstore. (4) Building supply center. (5) Consumer electronics and appliance store. (6) Drugstore. (7) Furniture and home furnishings. (8) Garden center. (9) Grocery store. (10) Health and dental clinics. (11) Hobby, toy and game stores. (12) Office. (13) Office equipment and supply. (14) Personal services. (15) Sewing and fabric store. (16) Sporting goods. Sec. 20-743. - Permitted accessory uses. The following are permitted accessory uses in a "CC" District: (1) Antennas. (2) Automatic teller machines (ATMs). (3) Parking lots and ramps. 0 (4) Signs. (5) Temporary outdoor sales and events (subject to the requirements of Section 20-964). (6) Utility services. Sec. 20-744. - Conditional use. The following are conditional uses in a "CC" District: (1) Drive -through facilities. (2) Gun range, indoor (only in conjunction with and accessory to a sporting goods store). (3) Screened outdoor storage. Sec. 20-745. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "CC" District subject to additional requirements, exceptions and modification set forth in this chapter: (1) Minimum lot area: One acre. (2) Minimum lot depth: 100 feet. (3) Minimum lot frontage: 100 feet. (4) Maximum lot coverage: 70 percent. (5) Maximum building height: Four stories; 50 feet. (6) Setbacks: Building/parking: a. Front: 25 feet. b. Side: 10 feet. c. Rear: 10 feet. d. Parking setback exemptions: i. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. ii. Parking setbacks may be reduced to 10 feet along public streets if the applicant can demonstrate to the satisfaction of the city that 100 percent (100%) screening is provided at least five feet above the adjacent parking lot. Secs. 20-746-20-750. - Reserved. Section 7. Section 20-912 of the Chanhassen City Code is amended to read as follows: **ft- Sec. 20-912. - Storage of garbage and trash. 5 (a) No exterior incineration of trash or garbage is permissible. (b) No exterior storage of trash or garbage is permissible except in an accessory building enclosed by walls and roof, or in closed containers within a totally screened area. (c) Subsection (b) does not apply to covered garbage cans in agricultural and single- family districts. Section 8. Section 20-1001 of the Chanhassen City Code is amended to read as follows: Sec. 20-1001. - Keeping. The following animals may be kept in the city: (1) Household pets are an allowed use in all zoning districts. (2) Horses in the A-2, RR and RSF zoning districts in accordance with Chapter 5, Article III. (3) Honey bees in accordance with Chapter 5, Article IV. (4) Chickens in accordance with Chapter 5, Article V. (5) Farm animals are an allowed use on all farm property zoned A2 or RR, which permit agricultural use, with a minimum parcel area of 10 acres, except as otherwise specifically provided in the City Code. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. (6) Wild animals may not be kept in the city. (7) Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (8) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. Section 9. Section 20-1270 of the Chanhassen City Code is amended to read as follows: Sec. 20-1270. — Compliance with Minnesota State Building Code The design and construction standards as set forth in Appendix H of the International Building Code, as may be amended, are adopted. Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 1 Ith day of March, 2019 by the City Council of the City of Chanhassen, Minnesota T d Gerhardt, City Manager Elise Ryan, Mayor (Summary Ordinance 639 published in the Chanhassen Villager on March 21, 2019) C$I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 639 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS; CHAPTER 4, AN ORDINANCE AMENDING CHAPTER 4, LICENSE, PERMIT AND ADMINISTRAIVE FEES; CHAPTER 5, ANIMALS AND FOWL; AND CHAPTER 20. ZONING OF THE CHANHASSEN CITY CODE The purpose of these code amendments are as follows: Amend Section 4-30(b)(23) to establish a $25.00 chicken permit fee; and Amend Section 5-126 to Section 5-129 to reserve space for future amendments; and Amend Section 5-130 to define the terms chicken or domesticated chicken, coop, hen, rooster, and run within Article V.-Chickens; and Amend Section 5-131 to state that the purpose of the chicken ordinance is to establish requirements for keeping chickens within the city and mitigate the potential adverse effects of keeping chickens; and Amend Section 5-132 to require a permit for keeping chickens and establish that to receive a permit, an applicant must submit a fee and form, have a lot one acre or larger, have a principal use of the property a single-family residential structure, notify neighbors, not have a prior permit revoked by the city, and meet the citys density and setback requirements; and Amend Section 5-133 to limit the number of chickens allowed based on property size and establish setbacks for coops and runs; and Amend Section 5-134 to establish standards of practice for keeping chickens; and Amend Section 5.135 to state that a chicken permit may be revoked if the permit holder violates the standards of practice for keeping chickens or if the chickens are found to constitute a nuisance; and Add Section 20-136 to Section 20-145 to reserve space for future amendments; and Amend Section 20-652(6) to reference the requirements of section 20-965; and Amend Section 20-672(6) to permit continuing care retirement facilities, subject the requirements of section 20-965; and Amend Section 20-681(6) to permit continuing care retirement facilities, subject the requirements of section 20-965; and Amend Section 20-741 to Section 20-750 to organize and format the citys Community Commercial District in a manner similar to the citys other zoning districts; and Amend Section 20.912 to address a clause that exempted agricultural and single-family districts from the citys prohibition on the exterior incineration of trash or garbage; and Amend Section 20-1001 to allow for the keeping of chickens in accordance with Chapter 5, Article V; ai;a Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn; on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. l 1 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz Laurie A. Hartmann Subscribed and sworn before me on this,7-1 day of j �(/ 1 , 2019 . JYMME JEANNETTE BARK NOTARY PUBLIC - MINNESOTA L v MY CONWISSION EXPIRES 01131123 N arykublic RATE INFORMATION Lowest classified rate paid h­ Amena Nection 20-1270 to require commercial signs to conform to the design and construction standards set forth in Appendix H of the International Building Code. A printed copy of Ordinance No. 639 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 11th day of March, 2019, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on Thursday, March 21, 2019; No. 4711) nmercial users for comparable space.... $31.20 per column inch �r the above matter ................................. $31.20 per column inch ve matter................ ...................... ......... $13.62 per column inch