5d. 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: 952.227.1110
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
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MEMORANDUM
TO: Planning Commission
FROM:
Angie Auseth, Planner I
DA TE:
April 7, 2009
Work Session
SUBJ:
City Code Amendment
Chapter 1, General Provisions (Definitions)
BACKGROUND
As part of the City Code updates, staff is proposing additional definitions to
provide additional 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 Uses 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)
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)
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
April 7,2009
Page 2 of 3
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
limited to non-native vegetation, invasive vegetation, agricultural weeds and those listed on the
state noxious weed list. (20)
ISSUE 5: The following definition relates to electronic message center signs previously
discussed as Item 5a of this Work Session agenda:
Planning Commission
April 7, 2009
Page 3 of 3
Sign, Electronic Message Center means any characteristics of a sign that appear to have
movement or that appear to change caused by any method or technology, other than physically
removing and replacing the sign or its components, whether the apparent movement or change is
in the display, the sign structure itself, or any other component of the sign. Motor fuel price signs
are not considered to be electronic message center sign.
ISSUE 6: The following definitions relating to animals were previously discussed as Item 5c of
this Work Session agenda:
House Pets means animals such as dogs, cats, birds (not including pigeons, chickens, geese,
turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered
outside of the principal structure), and tropical fish, that can be contained within a principal
structure throughout the entire year, provided that the containment can be accomplished without
special modification to the structure that would require a building permit, excluding wild or
domesticated wild animals.
Farm Animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals
commonly accepted as farm animals in the state of Minnesota.
Wild Animal means any animal that is wild, ferocious, or vicious by nature, habit, disposition, or
character. Animals in this category include but are not limited to any ape, [including
chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah,
crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and
moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma, also
known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any
constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as
wolf/dog mixes.
Birds of prey means birds that hunt for food primarily on the wing, using their keen senses,
especially vision. Their talons and beaks tend to be relatively large, powerful and adapted for
tearing and/or piercing flesh.
Farm means a tract of land of more than ten (10) acres in size usually with a house and barn plus
other buildings on which crops and often livestock are raised for a principal source of livelihood.
RECOMMENDA TION
Staff recommends amending the city code to add the definitions listed in this issue paper.
g:\plan\city code\2009 code amendments\chapter 1 definitions.doc