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MEMORANDUM
TO:
FROM:
DATE:
Todd Gerhardt, City Manger
Bob Generous, Senior Planner
December 8, 2003
SUB J: Adoption of Ordinance, Chapter 1, Chanhassen City Code, General
Provisions, Definitions; Approval of Summary Ordinance for
Publication Purposes (~,~ ?:" '~" "' /'t
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary ordinance
for publication purposes.
BACKGROUND
problems in the code, overlapping code requirements, chu'ifying ordinance t)rovisions,
procedures or processes, and consolidating the city code into appropriate chapters. City
('ouncil and the Planniug Commission have previously reviewed thc dml't ;~mcnclmcnts
to definitions in thc various chapters of thc code.
SUMMARY
The proposed amendment consolidates definitions fi'om the entire code in to Chapter 1.
Staff believes that the proposed amendments are administrative in nature and is
recommending approval of the amendments. The one policy change contained in the
definitions:
Peddlers - "services" have been added, e.g. roof replacement, remodeling services, lawn
services, etc., which will require that they be registered with the city the same as others
who go door to door selling "products."
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance for Chapter 1 of
the Chanhassen City Code; and approve the summary ordinance for publication
purposes.
ATTACHMENT
Ordinance Amending Chapter 1, Definitions, Chanhassen City Code
Tracking Changes to Definitions
;rheOih/ofChanhasserl~A:::, ...:r~ : . . . .
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. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
In the construction of this Code and of all ordinances the rules and definitions set out
in this section shall be observed unless such construction would be inconsistent with the
manifest intent of the city council. The rules of construction and definitions set out
herein shall not be applied to any section of this Code which shall contain any express
provision excluding such construction or where the subject matter of the context of such
section may be repugnant thereto. Numbers in parenthesizes following a definition
represent specific chapters of the Code in which a definition applies.
Generally. All general provisions, terms, phrases and expressions contained in this
Code shall be liberally construed in order that the true intent and meaning of the city
council may be fully carried out. In the interpretation and application of any provision of
this Code, they shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare. Where any
provision of the Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
DEFINITIONS
Abandoned vehicle means a vehicle, as defined below, that has remained for a period of
more than forty-eight (48) hours on public property illegally or lacking vital component
parts, or does not have a current license, or has remained for a period of more than forty-
eight (48) hours on private property without consent of the person in control of such
property or in an inoperable condition such that it has no substantial potential further use
consistent with its usual functions unless it is kept in an enclosed garage or storage
building. "Abandoned vehicle" also means a motor vehicle voluntarily surrendered by its
owner to the city. A classic car or pioneer car, as defined in Minnesota Statutes section
168.10, shall not be considered an abandoned vehicle. Vehicles on the premises of
junkyards and automobile graveyards, which are defined, maintained and licensed in
accordance with Minnesota Statutes section 161.242, or which are licensed and
maintained in accordance with local laws and zoning regulations, are not abandoned
vehicles. (13)
Abnormal or excessive noise shall mean (a) distinct and loudly audible noise that unreasonably
annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes their
enjoyment of property or affects their property's value, (b) noise in excess of that permitted by
Minnesota Statutes Section 169.69, as it may be amended from time to time, which requires every
motor vehicle to be equipped with a muffler in good working order, or (c) noise in excess of that
permitted by Minnesota Statutes Section 169.693 and Minnesota Rules parts 7031}.1000 through
7030.1050, as this statute and these rules may be amended from time to time, which establish motor
vehicle noise standards. (13-50)
Accessory stracture or facility, Water-oriented see Water-oriented accessory structure or facility
Accessory use or structure means a use or structure subordinate to and serving the principal use or
structure on the same lot and clearly and customarily incidental thereto. Accessory agricultural buildings
include structures such as barns and silos. (20)
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-
operated or electronically, electrically, or mechanically controlled still or motion picture machines,
projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per
machine at any one time, and where the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or "specified anatomical areas." Also see Sexually
oriented business (10)
Adult bookstore, adult video store, or adult store means a commercial establishment which as one of its
principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the
following: (I) Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes or video reproductions, slides, or other visual representations which depict or
describe "specified sexual activities" or "specified anatomical areas"; or (2) Instruments, devices, or
paraphernalia which are designed for use in connection with "specified sexual activities." Also see Sexually
oriented business (10)
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly
features: (1) Persons who appear in a state of nudity; or(2) Live performances which are characterized by
the exposure of "specified anatomical areas" or by "specified sexual activities"; or(3) Films, motion
pictures, video cassettes, slides, or other photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical areas." Also see Sexually
oriented business (10)
Adult massage parlor means a massage parlor which excludes minors by reason of age, or which provides,
for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service
provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas." Also see Sexually oriented business (10)
Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers
accommodations to the public for any form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
and has a sign visible from the public right of way which advertises the availability of this adult type of
photographic reproductions; or(2) Offers a sleeping room for rent for a period of time that is less than ten
(10) hours; or(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time
that is less than ten (10) hours. Also see Sexually oriented business (10)
Adult motion picture theater means a commercial establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Also see Sexually oriented business (10)
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which
regularly features persons who appear in a state of nudity or live performances which are characterized by
the exposure of "specified anatomical areas" or by "specified sexual activities." Also see Sexually oriented
business (10)
Advertising sign see Sign, advertising
Aerosolpaint container means any aerosol container that is adapted or made for the purpose of applying
spray paint or other substances capable of defacing property. (13)
Ag/Urban Wetlands see Wetlands, ag/urban
Agriculture means the commercial use of land for raising of livestock and poultry, growing and producing
of fruits, vegetables, field crops and nursery stock, including tree farms and choose-and-cut Christmas tree
sales. The term does not include the commercial raising of fur-bearing animals, nor the operation of riding
academies, commercial stables or kennels. (20)
Air Circulation Device. Means a mechanism designed and used for the controlled flow of air used in
ventilation, cooling, [heating,] or conditioning, but not limited to, central and window air conditioning
units.
Alarm system means any equipment or device which emits an audible, visual, or electric signal upon the
detection of a potential burglary, robbery, fire, medical emergency, trespass, or property intrusion. "Alarm
system" does not include anti-theft or tampering alarms installed in any motor vehicle. "Alarm system"
does not include smoke detectors which emit only an audible alarm signal and which are installed within
individual dwelling units. (3)
Alarm user means any person in control of any building, structure, facility or tract of land wherein or
whereon an alarm system is used or maintained within the city. (3)
Ahtrm, False see False alarm
Alley means a public right-of-way which is used primarily for secondary vehicular service access to the
back or the side of properties abutting on a street. (18) (20)
Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of
an existing building, such as bearing walls, columns beams, girders or interior partitions, as well as any
change in doors or windows, or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure from one (1) location to another. (20)
Alternate system shall mean an individual sewage treatment system employing methods and devices
presented in Minnesota Rules Chapter 7080.0910 subpart 3. (19)
Anatomical areas, Specified see Specified anatomical areas
Animalfeedlot means land or buildings used for the confined feeding, breeding, raising or holding of
livestock and poultry where the concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Pastures are not considered animal feedlots. (20)
Animal, Dangerous see Dangerous animal
Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic
waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite
dishes; and omniOirectienal omni directional antennas, such as whip antennas. (20)
Applicable laws means any law, statute, charter, ordinance, rule, regulation, code, license, certificate,
franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether
temporary, preliminary or permanent), .iudgment, decree or other order issued, executed, entered or deemed
applicable by any governmental authority. (7.5)
ApprovedJ'irearms safety course means a program of instruction in the sate and proficient use of any
firearm which is sponsored: 1) By any accredited private or public school system; or 2) By the
commissioner of natural resources pursuant to Minnesota Statues section 97.81. (11)
Approved. Approved by the code official. (7)
Arboretn~n means a place where plants, trees, and shrubs are cultivated for scientific and educational purposes.
(20)
Area, Buildable see Buihtable area
Area, Lot see Lot area
Arterial street see Street, arterial
Association, Homeowners see Homeowner association
At large means off the premises of the owner and not under restraint. (5)
Authority means the city or its agent or designee. (19)
Authority, Delegation of see Delegation of authority
Authority, Joint see Joint authority
Authority, Platting see Platting authority
Auto service center means an integrated group of commercial establishments or single establishments
planned, developed, and managed as a unit with off-street parking provided on site and providing uses
engaged primarily in the supplying of goods and services generally required in the operation and
maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive
accessories, replacement items, washing and lubricating services, and the performance of minor automotive
maintenance and repair. This does not include major body repair where it is necessary to provide long term
storage of cars and body parts. (20)
Automobile means a self-propelled, free moving vehicle with four wheels used to transport not more than
seven (7) passengers and licensed by the appropriate agency as a passenger vehicle. (20)
Awning sign see Sign, awning
Backstop, suitable see Suitable backstop
Balcony means a platform, minimum of seven and one-half (71/2) feet above the ground, that projects from
the wall of a building and is surrounded by an open railing. (20)
Banner sign see Sign, banner
Basement. That portion of a building which is partly or completely below grade. (7)
Basic cable service means any service tier which includes the retransmission of local television broadcast
signals. Basic cable service as defined herein shall not be inconsistent with 47 USC § 543(b)(7) (1993).
(7.5)
Bathroom. A room containing plumbing fixtures including a bathtub or shower. (7)
beach lot. Recreational see Recreational beach lot
Bed and breakfast means an owner-occupied single-family home in which not more than five (5) rooms
are rented on a nightly basis for a period of seven (7) or less consecutive days by the same person. Meals
may or
Bedroom. Any room or space used or intended to be used for sleeping purposes.
Best available control technology (BACT) means the utilization of those technologies, processes,
procedures, or operating methods or alterations by an industry or other source which results in the
elimination or the maximum achievable reduction of odor pollution from an odor emission point
source. (20)
Biochemical Oxygen De~nand (BOD5) shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees
centigrade, expressed in milligrams per liter, as prescribed in Standard Methods, current edition. (19)
Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the
exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any
other barrier to the continuity of development. (20)
Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff'. (20)
Bluff means a natural topographic feature such as a hill, cliff', or embankment having the following
characteristics: (1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The
grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the toe of the
bluff averages thirty (30) percent or greater. (3) An area with an average slope of less than eighteen (18)
percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. (20)
Bluff, side of means a point at which both conditions for a "bluff"' no longer exist. The side of the bluff is
delineated by a line connecting the top and toe of a bluff at a location in which the slope of the bluff is less
than thirty (30) percent or the change in elevation becomes smaller than twenty-five (25) feet. (20)
Bluff Toe of means the point on a bluff where there is, as visually observed, a clearly identifiable
break in the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of
the bluff shall be determined to be the lower end of a fifty-foot segment, measured on the ground,
with an average slope exceeding eighteen (18) percent. (20)
Bluff Top of means the point on a bluff where there is, as visually observed, a clearly identifiable
break in the slope, from steeper to gentler slope above. If no break in thc slope is apparent, the top of
the bluff shall be determined to be the upper end of a fifty-foot segment, measured on the ground,
with an average slope exceeding eighteen (18) percent. (20)
Boarder means an individual other than a member of the family occupying the dwelling unit or part thereof
who for a consideration is furnished meals or other services. (20)
Boardinghouse means a dwelling or part thereof in which lodging is provided by the owner or operator to
three (3) or more boarders. (20)
Boat trailer means any device used to transport any watercraft when pulled behind any motor vehicle. (12)
Boathouse means a structure designed and used solely for the storage of boats or boating equipment. (20)
Body shop is an establishment primarily engaged in the repair of auto bodies, automotive painting and
refinishing. (20)
Boulevard means that portion of the street right-of-way between the curb line and the street boundary line.
(12) (18) (20)
Brake, Engine Retarding see Engine retarding brake
Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing
surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing ink or other
pigmented liquid that is not water soluble. See Graffiti implement (13)
Buffer strip means an area of nondisturbed ground cover abutting a wetland left undisturbed to filter
sediment, materials, and chemicals. (20)
Buildable area means the area of a lot remaining after the minimum yard and open space requirements of
this chapter have been met. (20)
Building coverage means the horizontal area from the outside edge of the exterior walls of the ground floor
of all principal and accessory buildings on a lot. (20)
Building drain means that part of the horizontal piping of a building drainage system with receives the
discharge from all other soil, waste and drainage pipes inside the walls of any building an conveys the same
to the building sewer. (19)
Building height means the vertical distance between the highest adjoining ground level at the building or
ten (10) feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or
average height of the highest of the highest gable of a pitched or hipped roof. (20)
Building line means a line parallel to a lot line or the ordinary high water level at the required setback
beyond which a structure may not extend. (20)
Building setback line means a line on a lot, generally parallel to a lot line, high water mark, shoreline or
roadway right-of-way line, located a sufficient distance therefrom to provide the minimum yards required
by this chapter. The building setback lines delimit the area in which buildings and other regulated
structures are permitted subject to all applicable provisions of this chapter. (20)
Building sewer see Sewer, Building
Building, Conforming see Conforming building or structure
Building, principal means a building in which is conducted the primary or predominant use of the lot. (20)
Building, Storage see Storage Building
Bulletin board sign see Sign, bulletin board
Business directory sign see Sign, business directory
6
Business Hours, Normal see Normal business hours
Business sign see Sign, business
Sign, business means a sign which directs attention a business or profession conducted, or to a commodity
or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is
located.
CableAct means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984)
(codified at 47 USC §§ 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer
Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996,
Pub. L. No. 104-458 and as the same may, from time to time, be amended. (7.5)
Cable service means: (1) The one-way transmission to subscribers of (i) video programming, or (ii) other
programming service; and (2) Subscriber interaction, if any, which is required fi)r the selection or use of
such video programming or other programming service. (7.5)
Cable service, Basic see Basic cable service
Cable television system, system or cable system means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such term does not include: (1) A facility that serves only to retransmit the television
signals of one (I) or more television broadcast stations; (2) A facility that serves subscribers without using
any public rights-of-way; (3) A facility of a common carrier which is subject, in whole or in part, to the
provisions of 47 USC §§ 201-226, except that such facility shall be considered a Cable System (other than
for purposes of 47 USC § 541) to the extent such facility is used in the transmission of video programming
directly to subscribers; unless the extent of such use is solely to provide interactive on-demand services;
(4) An open video system that complies with Section 653 of the Cable Act; or (5) Any facilities of any
electric utility used solely for operating its electric utility system. (7.5)
Caliper, tree see Tree caliper
Campaign sign see Sign, campaign
Canopy coverage shall mean the area on a horizontal plane that is located under the crowns of all the trees
on the site. (20)
Canopy sign see Sign, Canopy
Carry means the handling or transportation of a firearm concealed or otherwise outside a person's domicile.
(11)
Certificate of compliance shall mean a document written after a compliance inspection, certifying that a
system is in compliance as specified in Minnesota Rules Chapter 7080.0060, and this article. A qualified
employee or licensee must sign the document. (19)
Changeable copy sign see Sign, changeable copy
Channel or cable channel means a portion of the electromagnetic frequency spectrum which is used in a
cable system and which is capable of delivering a television channel as defined by the Federal
Communications Commission. (7.5)
Church means a building or edifice consecrated to religious worship, where people join together in some
form of public worship under the aegis and direction of a person who is authorized under the laws of the
State of Minnesota to solemnize marriages. A church may include living quarters lbr persons employed on
the premises and classroom facilities. The following are not considered as churches: camp meeting
grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants
during spiritual retreats extending for periods of more than one (1) day. Bible camps with live-in quarters,
publishing establishments, ritual slaughter houses, radio or television towers and transmission facilities,
theological seminaries, day care centers, hospitals, and drug treatment centers are not churches. (10) and
(20)
City The word "city" means the City of Chanhassen, Carver and Hennepin Counties,
Minnesota. (1) (19)
City clerk. References to the "city clerk" or "clerk" are to the city clerk/manager. (1)
City council or council. The words "city council" or "council" mean the city council of
Chanhassen, Minnesota. (1)
City Engineer. References to the city engineer, director of public works or public
works director are to the director of public works/city engineer.
City manager means the city manager of the City of Chanhassen. References to the "city
manager" or "manager" are to the city clerk/manager. Cross reference(s)--Office of city
clerk and city manager consolidated, § 2-19. (l) (10)
Clear-cutting means the removal of an entire stand of trees. (20)
Clearing Vegetation, Intensive see Intensive vegetation clearing
Clearing, Vegetation see Vegetation clearing
Cluster development means a pattern of development that arranges the layout of buildings on a compact
area of the site so as to reserve a portion of the site for common open space or green space that is protected
in perpetuity.
Code The word "Code" means the Chanhassen City Code as designated in section 1-1. (1)
Code Official. The official who is charged with the administration and enforcement of this code, or any
duly authorized representative.
Collection means the aggregation of mixed municipal solid waste from the place at which it is generated
and includes all activities up to the time the waste is delivered to a waste facility. (16)
Collector Street see Street, Collector
Combined sewer see Sewer, Combined
Commercial establishments means any premises where a commercial, industrial or agricultural enterprise
of any kind is carried on, and includes clubs, churches and schools. (16)
Commercial kennel see Kennel, commercial
Commercial stables see Stables, commercial
Commercial wireless telecommunication service means licensed commercial wireless telecommunication
services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the
general public. (20)
Commingled (e.g., dumpster-type) residential collection means collection from any building consisting of
more than one (1) dwelling unit wherein each unit has an individual kitchen and wherein the mixed
municipal solid waste of each unit is mixed with the waste of other units prior to the collection efforts of
licensed haulers. (16)
Commissioner means the state commissioner of natural resources acting directly or though his authorized
agents. (6)
Community Center means a place, structure, area, or other facility used for educational, social, or
recreational programs generally open to the public and designed to accommodate and serve
significant segments of the community, and may have outdoor recreational facilities.
Comtnunity sewer system see Sewer Syste~n, Community
Compliance inspection shall mean any evaluation, inspection, or other process to make conclusions,
recommendations, or statements regarding an individnal sewage treatment system to reasonably assure an
individual sewage treatment system is in compliance with regulations. (19)
Cotnpliance plan means an agreement between a significant odor generator and the city. (20)
Compliance, Certificate of see Certificate of compliance
Condemn. To adjudge unfit for occupancy.
Conference/convention center means a preplanned, centrally managed development containing facilities
for business or professional conferences and seminars and containing accommodations for overnight
lodging, eating and recreation. The development is characterized by architecturally integrated buildings,
common use of parking areas, and incorporation of passes recreational amenities into overall site design.
(20)
Conforming building or structure means any building or structure which complies with all the regulations
of this chapter, or any amendment thereto. (20)
Conjunctions. "Or" may be read "and," and "and" may be read "or" if the sense requires it. (1)
Conservation Easement see Easement, conservation
Construction debris means waste building materials, packaging and rubble resulting from construction,
remodeling, repair, and demolition of buildings and roads. (16)
Construction sign see Sign, construction
Contractor:_someone (a person or firm) who contracts to build things 2: (law) a
party to a contract. (17)
Contractor's' yard means any area or use of land where vehicles, equipment, and/or construction materials
and supplies commonly used by building, excavation, roadway construction, landscaping and similar
contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas
confined within a completely enclosed buildings used in conjunction with a contractor's business. (20)
Convenience store means a retail establishment which generally sells a limited range of food products,
nonprescription drugs, candy and other perishable goods. This includes soda and similar beverage
dispensing and food products, which can be heated and/or prepared onsite, and has over four hundred (400)
square feet of floor area for retailing of nonautomotive goods. (20)
Convenience store with gas pumps means a retail establishment which generally sells gasoline from pump
islands and a limited range of tbod products, nonprescription drugs, candy and other perishable goods. This
includes soda and similar beverage dispensing and food products which can be heated and/or prepared
onsite, and has over tour hundred (400) square feet of floor area for retailing of nonautomotive goods. (20)
Corner Lot see Lot, cortter
Corporation COltnsel or municipal counsel or city counsel means the city attorney.
Council means the City Council of the City of Chanhassen, Minnesota. Also see City Council (7.5)
Connty board shall mean the Carver or Hennepin County board of commissioners. (19)
County. The word "county" means Carver County or Hennepin County, or both Carver and Hennepin
Counties, as appropriate. (1) (9)
Coverage, Buihling see Bnilding coverage
Coverage, Canopy see Canopy coverage
Coverage, Lot see Lot coverage
Critical root zone means an area twelve (12) times the tree diameter at DBH measured from the base of the
tree. (20)
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)
Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-around for the sate
and convenient reversal of traffic movement. (18) (20)
Dangerous animal" means: (1) Any animal with a known propensity or disposition to unprovoked attacks,
to cause injury to or to otherwise endanger the safety of humans or other domestic animals. (2) Any animal
that has attacked or bitten any person, except a person that has tormented or abused it.
Dangerous weapons mean slingshots, clubs, blackjacks, spring guns, brass or metal knuckles or any knife
with a switch blade which opens automatically under spring pressure with a button or release mechanism or
by any other mechanical contrivance. (11)
Day care center means any facility or home where tuition, fees or other forms of compensation is charged
for the care of children and which is licensed by the state as a day care center. (20)
DBH means diameter measured at breast height (4.5 feet above the ground). (20)
Debris, Construction see Construction debris'
Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site. (20)
10
Delegation of authority. Whenever a provision appears requiring the head of a department or some other
city officer to do some act or perform some duty, it is to be construed to authorize the head of the
department or other officer to designate, delegate and authorize subordinates to perform the required act or
perform the duty unless the terms of the provision or section specify otherwise. (1)
Delineation report, Wetland see Wetland delineation report
Delineation, Wetland see Wetland delineation
Density, gross see Gross Density
Density, net means the quotient of the total number of dwelling units divided by the developable acreage of
the site. Developable acreage excludes wetlands, lakes, roadways, and other areas not suitable for bt, ilding
purposes.
Department of public works. The department of public works shall consist of both the public works
department and engineering department.
Depth, Lot see Lot depth
Designated woodland area means an area within a development that has been designated in the woodland
management plan as a tree preservation, forestation or replacement planting area. (20)
Development identification sign see Sign, development identificatioa
Development means the division of a parcel of land into two (2) or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining
excavation, landfill or land disturbance, and any use or extension of the use of land. (20)
Development, Cluster see Cluster development
Develop~nent, residential see Residential development
Direct glare means an excessive brightness contrast producing a sensation of visual discomfort resulting
from insufficiently shielded light source in the field of view. (13)
Directional sign see Sign, directional
Dismantled firearm means any unloaded firearm or bow which is dismantled in such a manner so as to
prevent shooting.
Display area, sign see Sign display area
Display. The term "display" means the keeping, storing, or permitting to be kept or stored of an alcoholic
beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth,
bar or other area of a licensed premises accessible to the general public, except when the alcoholic
beverage is stored in a normal storage area during non-sale hours. (10)
Disposal system (SDS) permit, State see State disposal system (SDS) permit
District, Residential see Residential district
Diving tower means a floating or nonfloating structure designed for diving purposes and which projects
over the surface or surrounding waters by more than five (5) feet. (6)
11
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)
Dock means a wharf, pier, or other structure constructed or maintained, whether floating or not, including
all "L's," "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure.
(6) (20)
Dock setback zone means the area inside and running parallel to and ten (10) feet from the extended lot
lines of a lot abutting a lake. "Extended lot lines" means an extension of the side lot lines one hundred
(100) feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line
and the ordinary high water mark. If the extended lot lines of adjoining lots overlap, then the common
extended lot line between the lots shall be at an angle which equally divides the area of overlap. (6) (20)
Dock, Permanent see Permanent dock
Dock, Seasonal see Seasonal dock
Double Frontage Lot, see Lot, double frontage
Drain, Bnilding see Building drain
Drive-iu use means an establishment which by design, physical facilities, service, or by packaging
procedures encourages or permits customers to receive services, obtain goods, or be entertained while
remaining in their motor vehicle. This term includes having "drive-thru" windows. (20)
Driver means every person who drives or is in physical control ora vehicle. (14)
Driveway means a private access from a street to an individual lot. (18) (20)
Drugs means any controlled substance, as defined by chapter 152 of Minnesota Statutes, the possession of
which is a violation of Minnesota Statutes Section 152.09. (14)
Dwelling means a building or portion thereof designed, occupied or intended to be occupied exclusively for
residential purposes, but not including hotels, motels, nursing homes, travel trailers, motorhomes or bed
and breakfast tourist homes. (20)
Dwelling unit means one (1) or more rooms which are connected together as a single unit constituting
complete, separate and independent living quarters for one or more persons, physically separated from
any other room or dwelling unit which may be in the same building and containing permanent cooking,
eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household.
(7)(20)
Dwelling, manufactured, also called mobile home, means a factory-built structure which is
transportable in one (1) or more sections on its own running gear or chassis, and which is equipped
with necessary utility service connections and designed to be used for single-family occupancy with
or without a permanent foundation. Such dwellings measure twenty (20) feet or more in width and
forty (40) feet or more in length, exclusive of supporting members or hitches. (20)
Dwelling, multifamily means a detached building containing three (3) or more dwelling units. Apartment
buildings, condominiums, manor homes, quad-duplexes, and cooperatively owned buildings containing
three (3) or more dwelling units are multifamily dwellings. (20)
Dwelling, residential means any single building consisting of two (2) or less dwelling units with
individual kitchen facilities for each. (16)
12
Dwelling, single-family means a building containing one (1) dwelling unit. A) Dwelling, Single-family
attached. A residential building containing one dwelling unit including detached, semi-detached and
attached dwellings. B) Dwelling, Single-family detached. One dwelling unit having open space on all
four sides. (20)
Dwelling, townhouse means a single-family attached dwelling in a row of at least three (3) such units
in which each unit has its own front and rear access to the outside, no unit is located over another
unit and each unit is separated from the adjoining unit by one (1) or more common fire resistant
walls having no openings and extending from the basement to the roof. (20)
Dwelling, two-family means a detached building containing two (2) dwelling units. Two-family (attached)
dwelling is a type of low density dwelling. (20)
Earth work or work the earth: Excavating, mining, filling or grading. (7)
Easement means a right aftbrded a person or =ove(, rnmental/public unit to use another's real property for a
specific purpose. (18) (20)
Easement, conservation means an easement created where restrictions are imposed on the development or
alteration of property to preserve natural features. (20)
Ecosystem means a community of interacting animals, plants and microorganisms and the physical and
chemical environment in which they live. (20)
Educational or government access facilities or PEG access facilities, Public seePublic educational or
government access .facilities or PEG access facilities
Electrical Substatiott means a subsidiary station is which electrical current is transformed.
Emission means a release of air contaminants causing an odor into the outdoor atmosphere. (20)
Encased firearm means any unloaded firearm or bow, placed in a case which is tied or otherwise secured
in the manner provided, to prevent shooting it. (11)
Engine retarding brake shall mean a Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar
Brake, transmission brake or other similar engine retarding brake system which alters the normal
compression of the engine and subsequently releases that compression. (13-50)
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. (10)
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for
another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for
another person. (10)
Establishment means and includes any of the following: (1) The opening or commencement of any
sexually oriented business as a new business; (2) The conversion of an existing business, whether or not a
sexually oriented business, to any sexually oriented business; (3) The addition of any sexually oriented
business to any other existing sexually oriented business; or(4) The relocation of any sexually oriented
business, (10)
Etching equipment means any tool, device or substance that can be used to make permanent marks on any
natural or manmade surface. (13)
13
Excavation or mining (1) The removal of the natural surface of the earth, whether sod, dirt, soil,
sand, gravel, stone, or other matter, creating a depression. (2) Any area where the topsoil or
overburden has been removed for the purpose of removing earthly deposits or minerals. (3) Any
area that is being used for stockpiling, storage, and processing of sand, gravel, black dirt, clay, and
other minerals. (7)(17)
Experimental system shall mean any system which is considered new technology with limited data on
reliability. (19)
Exterior property. The open space on the premises and on adjoining property under the control of owners
or operators of such premises. (7)
Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage
places; by removing or making inaccessible materials that serve as their lood; by poison spraying,
fumigating, trapping or by any other approved pest elimination methods.(7)
Facade means that portion of any exterior elevation of a building exposed to public view extending from
grade to the top of the parapet wall or eaves and the entire width of the building elevation. (20)
Failing system shall mean a system that discharges sewage to a seepage pit, cesspool, drywell, or leaching
pit and any system with less than three (3) feet of soil or sand between the bottom of the distribution
medium and thc saturated soil level or bedrock. In addition, any system posing an imminent threat to
public health or safety shall be considered hiling. (19)
Fallow land shall mean land that is un-cropped and kept cultivated throughout a growing season.
Vegetative cover is less than twenty-five (25) percent. Any land that is uncropped and cultivated during
the months of September through May where a crop will be grown the l-bllowing season is not considered
t~llow land. (19)
False alarm means an alarm signal eliciting a response by public safety personnel when a situation
requiring a response does not exist, and which is caused by the activation of the alarm system through
mechanical failure, alarm malfunction, improper installation or the inadvertence of the owner or lessee of
the alarm system or of his employees or agents. "False alarm" does not include an alarm caused by climatic
conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other
conditions which are clearly beyond the control of the alarm manufacturer, installer or alarm user. (3)
Family means one (1) or more persons occupying a premises and living as a single relatively permanent
housekeeping unit, as distinguished from a group occupying a boarding house or a hotel. (7)(20)
Farm, Petting see Petting farm
Fast food restaurant see Restaurant, fast food
Feedlot, Animal see Animal feedlot (20)
Fence means a structure serving as an enclosure, barrier, or boundary, usually made of posts, chain link,
masonry, boards, rails or other materials. (20)
Festive flag/banner sign see Sign, festive flag/banner
Filling or grading: To change the contour of the land.
Fire chief or fire marshal means, respectively, the fire chief or fire marshal of the city. (9)
Fire department means the city's fire department. (9)
14
Firearm means any gun, pistol, rifle, shotgun, B-B gun, pellet gun, bow, or any device capable of
discharging arrows, slugs, or blanks, metal projectiles or paint.
Firearm, Dismantled see Dismantled firearm
Firearm, encased see Encased firearm
Firearms safety conrse, Approved see Approved firearms safety coarse (11)
Flag Lot see Lot, flag~neck
Flag sign see Sign, flag
Flashing sign see Sign, flashing
Flood fringe means that portion of a floodplain outside the floodway. (20)
Floodplain means the land adjacent to a body of water which has been or may be hereafter covered by
flood water, including that land covered by the regional flood. The flood plain consists of the floodway and
the flood fringe area. (20)
Flood, regional means a flood which is representative of large rioods known to have occurred gcncrally in
the state and reasonably characteristic of what can be expected to occur on an average frequency once
every one hundred (100) years. (20)
Floodway means the minimum channel of a watercourse and those portions o£ a l]ood plain adjoining thc
channel that are reasonably required to discharge the regional flood. (20)
Floor area means the sum of the gross horizontal areas of the several floors of a building measured from
the exterior laces of the exterior walls or fi'om the centerline of wails separating two (2) buildings. The
floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven
(7) feet or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory
uses. However, any space devoted to mechanical equipment, stairwells, elevators shafts, parking or loading
shall not be included in the floor area. (20)
Floor area ratio (F.A.R.) means the numerical value obtained by dividing the floor area of all buildings on
a lot by lot area. (20)
Franchise agreement means a franchise granted pursuant to this division containing the specific provisions
of the franchise granted, including references, specifications, requirements and other related matters. (7.5)
Franchise fee means any tax, fee or assessment of any kind imposed by the city or any other governmental
authority on a grantee or cable subscriber, or both, solely because of their status as such. The term
"franchise fee" does not include: (i) any tax, fee or assessment of general applicability (including any such
tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax,
fee, or assessment which is unduly discriminatory against cable operators or cable subscribers); (ii) capital
costs which are required by the franchise agreement to be incurred by the grantee for PEG Access
Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the franchise, including
payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated
damages; or (iv) any fee imposed under 17 USC. (7.5)
Franchise means an initial authorization, or renewal thereof, issued by the city, whether such authorization
is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which
authorizes the construction or operation of a cable system over publicly owned rights-of-way. (7.5)
15
Freestanding~pole~pylon sign see Sign, freestanding~pole~pylon
Front Lot Line see Lot line, front
Front Yard see Yard, front
Frontage, Lot see Lot frontage
Frontage, Street see Street frontage
Furnishings, site see Site furnishings
Garage means a structure which may or may not be attached to the principal structure used primarily
the enclosure of personal vehicles. (20)
Garbage and Refuse collector see Re. fuse and garbage collector
Garbage means putrescible animal, vegetable and organic wastes resulting from the handling, preparation,
cooking, service and consumption of food. (7) (16) (19)
Garden center means a place of business where retail and wholesale products and produce are sold to the
retail consunqcr. These centers, which may include a nursery and/or greenhouses, import most of its items
sold. These items may include paints, handicrafts, nursery products and stock, fertilizers, potting soil,
hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels and other garden and
farm tools and utensils. (20)
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms,
partnerships and corporations as well as to males. (1)
General. Words and phrases defined in this section have, when used in this Article, the meanings given
below. Any other word or phrase used in this Article, and defined in regulations of the Minnesota Pollution
Control Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally
construed in order that the true intent and meaning of the city council may be fully carried out. In the
interpretation and application of any provision of this Code, they shall be held to be the minimum
requirements adopted for the promotion of the public health, safety, comfort, convenience and general
welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be
deemed to be controlling.
Generator means any person who produces or causes the production of mixed municipal solid waste. (16)
Glare means light emitting from a luminaire with an intensity great enough to reduce viewers' ability to see
and, in extreme cases, causing momentary blindness. (20)
Glare, Direct see Direct glare
Golf Course, regulation orpar-three. A facility other than a miniature golf course for the playing of
golf at which there may be a clubhouse including restrooms and locker rooms. A golf course may
provide additional services customarily furnished such as swimming, outdoor recreation, and related
retail sales that may include a restaurant and cocktail lounge if approved as a part of the required
use permit.
16
Governmental authority means any court or other federal, state, county, municipal or other governmental
department, commission, board, agency or instrumentality. (7.5)
Governmental sign see Sign, governmental
Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the
building or structure or the degree of use or descent of a sloping surface, expressed in percentage terms.
(20)
Grading or filling see Filling or grading
Graffiti itnplement means an aerosol paint container, a broad-tipped marker, gum label, paint stick or
graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on
any natural or manmade surface. (13)
Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written,
marked, etched, scratched, sprayed, drawn, painted, or engraved on or other wise affixed to any surface of
public or private property by any graffiti implement, to the extent that the graffiti was not authorized in
advance by the owner or occupant of the property, or despite advance authorization is otherwise deemed a
public nuisance by the city council. (13)
Graffiti stick, Paint stick see Paint stick or gra.[fiti stick
Grantee means any person receiving a franchise pursuant to this division and its agents, employees,
officers, designees, or any lawful successor, transferee or assignee. (7.5)
Grantor or city means the City of Chanhassen, Minnesota as represented by the council or any delegate
acting within the scope of its jurisdiction. The city administrator shall be responsible for the continuing
administration of the franchise. (7.5) Also see Jurisdiction
Greenhouse means a building used for the cultivation or protection of plants, flowers, vegetables and
nursery stock for subsequent sale or fi)r seasonable enjoyment. (20)
Gross revenues means all revenue received directly or indirectly by the grantee, its affiliates, subsidiaries,
parents, or any person in which grantee has a financial interest of five (5) percent or more arising from or
attributable, to the provision of cable service by the grantee within the city including, but not limited to,
monthly fees charged to subscribers for basic cable service; monthly fees charged to subscribers for any
optional service; monthly fees charged to subscribers for any tier of service other than basic cable service;
installation, disconnection and reconnection fees; leased channel fees; converter and remote revenues;
advertising revenues; and revenues from home shopping channels. Gross revenues shall be the basis for
computing the franchise fees imposed pursuant to section 7.5-30. Grantee shall not be required to pay a
franchise fee on gross revenues derived from any person receiving free cable service pursuant to a franchise
agreement. Gross revenues shall include franchise fees collected by grantee on behalf of the city. (7.5)
Gross weight means the combined weight of a vehicle and load. Where licensing provisions require that the
gross weight be printed on the truck, this printed weight shall be the gross weight. (12)
Ground low profile business Sign see Sign, ground Iow profile business
Group home means a state-licensed residential facility where persons reside for purposes of rehabilitation,
treatment, or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or
suffer social maladjustment or dependency. (20)
Guardian, Parent or see Parent or guardian
17
Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Habitat evaluation procedures (HEP) is a species-habitat data management system for impact assessment
developed by the U.S. Fish and Wildlife Service. Its purpose is to document predicted impacts to fish and
wildlife from proposed land and water resource development projects. Habitat quality for selected key
species is described by an index, the Habitat Suitability Index (HSI). (20)
Habitat saitability index (HSD is a fish or wildlife species-specific index value rating the ability of key
habitat components to supply essential life requirements for the species. Index value ranges between 0 to
~.o. (20)
Habitat units (HU). Habitat suitability (HSI) multiplied by the area of habitat being evaluated. HU's are
used for comparing habitat quality from one wetland to the next or for measuring the effectiveness of
mitigation. HU's integrate both quality and quantity of habitat. (20)
Hardship means the same as that term is defined in Minnesota Statutes, Chapter 462. (20)
Health care facility means a state-certified or licensed [hcility or institution, whether public or private,
principally engaged in providing services for health maintenance, diagnosis or treatment of human disease,
pain, injury, de[Brmity or physical condition, including, but not limited to, a general hospital, special
hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center.
extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency,
boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility
serving one (1) or more such institutions but excluding institutions that provide healing solely by prayer.
(20)
Health services means establishments primarily engaged in furnishing medical, surgical or other services to
individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental
laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical
supplies and services. (20)
Height, Bailding see Building Height
Historic Site, significant see Significant historic site
Holiday decoration sign see Sign, holiday decoration
Home improvement trades means carpenter shops, interior decorating, painting and paper hanging shops,
furniture upholstering and similar enterprises; but not including contractor's yards. (20)
Home occupation means an occupation, profession, activity or use carried out for potential gain by a
resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which
does not alter the exterior of the property or affect the residential character of the neighborhood. (20)
Home occupation sign see Sign, home occupation
Home, group see Group home
Home, Model see Model home
Home, Nursing see Nursing home
18
Homeowner association means any private corporation, private club, unincorporated association or
nonprofit organization, which owns, leases or operates a recreational beach lot, as that term is defined in
the zoning ordinance, for the purpose of providing access to any lake for its members, shareholders, owners
and beneficiaries. (6)
Horse includes horses, colts, ponies, mules, burros, or llamas.
Hotel means a facility offering transient lodging accommodations to the general public and which may
provide additional services such as restaurants, meeting rooms and recreational facilities and where access
to individual rooms is provided through an indoor lobby or office. (20)
Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty (40) pounds in
weight that is usually and customarily considered a pet. (20)
ttousekeeping Unit. A room or group of rooms forming a siugle habitable space equipped and
intended to be used for living, sleeping, cooking and eating which does not contain, within such unit,
a toilet, lavatory and bathtub or shower. (7)
Illuminated sign see Sign, illuminated
Imminent danger. A condition which could cause serious or life-threatening injury or death at any time.(7)
Impact zone, BInff see Blltff impact zone
Impact zone, shore see Shore bnpact zone
hnpervious sit,face means any material that substantially rednces or prevents the infiltration of storm
water. It stn:~II include, but not be limited to, gravel driveways, parking area, buildings and structures. (20)
Impoundment means tine status of being in thc physical custody of the police of any animal control officer of
the city, including, without limitation, confinement in the city pound or in the animal control officer's vehicle.
(5)
Incinerator means any device used for the destruction of refuse or waste materials by fire. (16)
Incorporation shall mean the mixing of septage with the topsoil by means such as disking, moldboard
plowing, or chisel plowing, to a minimum depth of six (6) inches. (19)
Individual (e.g., curbside) residential collection means collection from any building consisting of one (1)
or more dwelling units wherein each unit has an individual kitchen and wherein the mixed municipal solid
waste of each unit is separately collected by licensed haulers. (16)
Individual on-site sewer system means an alternative type sewer system for which the septic tank and
drainfield are located entirely on the property being served. Also see Individual Sewage Treatment
system(19)
Individual sewage treatment system (ISTS) shall mean a sewage treatment system, or part thereof, serving
a dwelling or other establishment, or group thereof, and using sewage tanks or advanced treatment followed
by soil treatment and disposal. (19)
Industrial Heating Equipment is an appliance, device or equipment used, or intended to be used, in an
industrial, manufacturing or commercial occupancy for applying heat to any material being
processed, but shall not include water heaters, boilers or portable equipment used by artisans in
pursuit of a trade.
19
Industrial, light see Light industrial
Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or
other pests. (7)
Informational sign see Sign, informational
Initial service area means the area of the city which will receive cable service initially, as set forth in any
franchise agreement. (7.5)
Injection shall mean the process of directing the flow of septage under the surface of the soil. Septage shall flow
from the storage container or tank directly into the soil profile and shall not be spread on the soil surface. (19)
Inspector shall mean the person or persons employed or engaged by the city and assigned the responsibility
for the administration and implementation of this article. (19)
Installation means the connection of the system to a subscriber and the provision of cable service. (7.5)
Institutional sign see Sign, institutional
h~tegral roof sign see Sign, integral roqf
Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip,
row, or block. (20)
htterest, the term "interest" as used in this article includes any pecuniary interest in the ownership,
operation, management or profits of a liquor establishment, but docs not include: bona fide loans; bona fide
fixed sunq rental agreements; bona fide open accounts or other obligations held witln or without security
arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or
supplies to such establishment; or any interest of five (5) percent or less in any corporation holding a city
liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in
the absence of a bona fide consideration therefor therefore and excluding bona fide gifts or donations, shall
be deemed to have a pecuniary interest in such retail license. In determining "bona fide," the reasonable
value of the goods or things received as consideration for the payment of the licensee and all other facts
reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade
any prohibitions under this article shall be considered. (10)
Interim use means a temporary use of property until a particular date, until the occurrence of a particular
event, or until zoning regulations no longer permit it. (20)
Interior Lot see Lot, interior
Intermittent light means any artificial light which flashes, revolves or fluctuates in such a manner that the
variance is easily distinguished by personal observation. (13)
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be
construed as giving such authority to a majority of such persons or officers. (1)
Junkyard means an area, lot, parcel, building or structure or part thereof where used, waste, discarded or
salvaged materials are bought, sold, exchanged, stored, abandoned, baled, cleaned, packed, disassembled or
handled, including but not limited to scrap iron and other metals, glass, paper, rags, rubber products, tires,
bottles, building materials, vehicle parts, household appliances, brush and lumber. A junkyard includes an
automobile wrecking dismantling yard, but does not include accessory uses established in conjunction with
a permitted manufacturing process when conducted within an enclosed area or building. The storage of
20
unlicensed and/or inoperable motor vehicles for a period in excess of thirty (30) days shall also be
considered a junkyard. (20)
Jurisdiction means the city. Also see Grantor or City
Kennel, commercial means any place where a person accepts dogs and cats or other domesticated
animals, more than one year of age, from the general public and where such animals are kept for the
purpose of selling, boarding, breeding, training, treating or grooming. (5) (20)
Kennel, private means any place where three (3) or more dogs or cats over one (1) year of age are kept or
harbored, such animals being owned by the owner or lessee of the premises wherein or whereupon the
animals are kept or harbored. (5) (20)
Kitchen. A room or an area equipped for preparing and cooking food. (7)
Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or
other identifying mark of a nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic inspection of the production of the
above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally
recognized standards.(7)
Lake means any body of water lying, wholly or partially within the city and all parts, bays and channels
thereof. Lakes shall not include strealns or rivers or other man-made water bodies such as storm
water ponds. (6)
Lakeshore site means any lot off record which abuts any body of pnblic water. (20)
Lam[ vpreading shall mean the placement, i~c()rporation, or injection of septage (~nto or beneath the soil
surface. (19)
Laml spreadi,g site shall mean any land used l'or scptagc land spreading. (19)
Land, Fallow see Fallow land
Land, Public see Public land
Landowner means any person, group, firm or corporation owning, leasing or legally controlling any lands
within the territorial limits of the city. (11)
Landscape means all forms of planting and vegetation, ground forms, rock groupings, water features and
patterns, and all visible construction except buildings and site furnishings. (20)
Legionnaire's Disease. The excess fluids from cooling towers are a known cause of Legionnaire's
Disease. The cooling tower fluids shall be monitored and treated so as to prevent any health disease. (7)
Let for Occupancy or Let. To permit, provide or offer possession or occupancy of a dwelling, dwelling
unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record
thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.(7)
License means the authentic state document used to designate the numbers assigned a watercraft and to
renew the same. (6)
Licensed premises. The term "licensed premises" is the premises described in the approved license
application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic
21
beverages and located on a golf course, "licensed premises" means the entire golf course except for areas
where motor vehicles are regularly parked or operated. (i0)
Licensee means a person in whose name a license to operate a sexually oriented business has been issued,
as well as the individual listed as an applicant on the application for a license. (10)
Light fixture, shielded see Shielded light fixture
Light industrial means the manufacturing, compounding, processing, assembling, packaging or testing of
goods or equipment or research activities entirely within an enclosed structure, with no outdoor storage.
There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or
pollutants. (20)
Light source means a device (such as a lamp) which provides visible energy. (13)
Light trespass means light emitted that is visible beyond the boundaries of the property on which the light
source is located. (13)
Light, Intermittent see Intermittent light
Line, Building see Building Line
Li,e, Bltihling Setback see Buihling Setback Li, e
Line, Lot see Lot line
Living area means the area of a dwelling including, but not limited to, bedrooms, batln-ooms, kitchens,
liv;,~? l'OOlllS, and dining rooms, but exch~ding garages. (20)
Loading space means an off-street space t)r berth designed and used for the loading or unloading of
commerciaI vehicles. (20)
Local Street see Street, local
Loss of trees see Trees, loss of
Lot means a separate parcel, tract, or area of land undivided by any public street or approved private street,
which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and
which is occupied by or intended to be developed for and occupied by a principal building or group of such
buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, including such
open spaces and yards as are designed and arranged or required by this chapter for such building, use or
development. (18) (20)
Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines, but not including
any area occupied by the waters of lakes or rivers or by street rights-of-way. (20)
Lot, corner means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of
the same street, such streets or parts of the same street forming an interior angle of less than one hundred
thirty-fi ve (135) degrees. (20)
Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces. (20)
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. The
greater frontage of a corner lot is its depth, and its lesser frontage is its width. (20)
22
Lot, double frontage means a lot which fronts upon two (2) parallel streets, or which fronts upon two (2)
streets which do not intersect at the boundaries of the lot. On a double frontage lot, both street lot lines shall
be deemed front lot lines.
Lot, flag~neck means a lot that does not provide the tull 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 thirty
(30) feet wide. The lot width on neck or flag lots and lots accessed by
private streets shall be one hundred (100) feet as measured at the front
building setback line. The location of these lots is conceptually
illustrated below. (20)
Let frontage means the lot width measured at the front lot line. (20)
Lot, interior means a lot other than a corner lot.
Neck/Flag Lots
Frorl Lot Line
/
Lot line means a line of record bounding a lot which divides one (1) lot from another lot or from a roadway
right-of-way or any other public space. (20)
Lot line, front means the lot line separating a lot from a roadway right-of-way. In the case of a corner lot it
shall be the lot line with the shortest dimensions on the street. (20)
Lot line, rear means the lot line which is parallel to and most distant from the front lot line; or in the case
of triangular or otherwise irregularly shaped lots, ti line twenty (20) feet in length, entirely within the lot,
parallel to and at the maximum possible distance from the front lot line. (20)
Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a
street is a side street lot line. A side h)t tine separating a lot from another lot nr l()ts is an interior side lot
line. (20)
Lot, NonconJbrming see Noncon./brmittg lot.
Lot, Nonconforming, see Nonconforming Lot (20)
Lot, Parking, see Parking lot
Lot of record means any legally recorded lot which at the time of its recordation complied with all
applicable laws and ordinances. (20)
Lot, riparian means any lot abutting the ordinary high water mark of a lake, pond or wetland. (20)
Lot width means the shortest distance between lot lines measured at the midpoint of the building line. (20)
Lot, zoning means a single tract of land which consists of one (1) or more lots of record and which, at the
time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed
or built upon as a separate unit under single ownership or control. A zoning lot may or may not coincide
with a single lot of record, but in no case shall a zoning lot include only a portion of a lot of record. (20)
Low profile business Sign, Ground see Sign, ground low profile business
Manufactured Dwelling see Dwelling, manufactured
Manufactured dwelling see Dwelling, manufactured
Marquee sign see sign, Marquee
23
may not be provided to residents and overnight guests. (20)
May not, shall not. "May not," "shall not," and similar phrases have a mandatory negative effect and state a
prohibition. (1)
May. The word "may" is to be construed as being permissive. (1)
Medium texture shall mean the USDA classification's sandy loam, silt, silt loam, and sandy clay loam.
Fine texture is USDA classification's clay loam, silty clay loam, sandy clay, silty clay, and clay. (19)
Menu board sign see Sign, mena board
Merchant, Transient see Transient merchant
Mineral Extraction see Excavation or mining.
Mining or Excavation see Excavation or mining
Mini-warehouse means a building or group of buildings in a controlled-access, screened and secured
fenced compound that contains wtrying sizes of individual, compartmentalized, and controlled-access
storage spaces of varying sizes which are leased or rented on an individual basis. (20)
Minor Street means a street of limited continuity which is used primarily for access to abutting properlies.
(IS) (20)
Mixed mnnicipal solid waste means garbage, refuse, and other solid xvaste from residential, commercial,
industrial, and community activities which is generated and c(~llectcct in aggregate, but excluding aut(~
hulks or large auto parts, street swcc?~ngs, ash, construction debris, mini~n~d waste, sludges, househc)ld
hazardous waste, tree and agricultural wastes, tires, lead acid batteries, used oil, motor and vehicle fluids
and filters, yard waste, and other materials collected, processed, and disposed of as separate waste streams.
(16)
Mobil home see Dwelling, manufactured.
Model home means a builder's home which remains open for a period of time designed to display the
product. The home may also be used as a sales or real estate office for the development in which it is
located.
Monitoring Devise, Water see Water monitoring device
Month. The word "month" means a calendar month. (1)
Mooring area means an area located upon any body of public water used for the mooring of watercraft.
Docks are not considered mooring areas. (20)
Mooring means any buoy, post, boatlift, structure or device at which a watercraft may be moored which is
surrounded by public waters. (6)
Motel means a commercial establishment providing transient accommodations to the general public
containing rooms having direct access to the outside without the necessity of passing through the main
lobby of the building. (20)
Motion Sign see Sign, motion
24
Motor freight terminal means a building or area in which trucks, including tractor or trailer units, are
parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include
facilities for the temporary storage of loads prior to transshipment. (20)
Motor fuel and service station means a retail place of business engaged in the sale of motor vehicle fuels
and services, bnt may also engage in supplying a limited amount of related goods. In no case shall the space
for the retailing of related goods exceed four hundred (400) square feet. All services are to be performed
within enclosed service bays. (20)
Motorboat means any watercraft propelled in any respect by machinery, including watercraft temporarily
equipped with detachable motors. (6)
Mult4family Dwelling see Dwelling, multifamily
Multi-user tower see Tower, multi-user
Municipality means the city. Also see City. (9)
Mast. The word "must" is to be construed as being mandatory. (1)
Nameplate sign see Sign, nameplate
Native Vegetation see Vegetation, native
Natural features means any slope (12 percent slope or greater), forested areas, lakes, streams and wetlands,
areas of unique vegetative cover, scenic viexvs, natural habitat areas, 07' historic arclneological areas,
buildings or features. (20)
Natural habitat area means an area that is characterized by being primarily in a natural state, with only
minor evidence of disturbance fi'om modern human activity. Natural lnabitat areas may include forests,
wetlands, or endangered or threatened species habitat. (20)
Natural Wetlan& see Wetlan&, natural
Neck Lot see Lot, flag~neck
Neighborhood Commercial means a use which involves convenience grocery stores, or those uses that
meet the daily needs of the residents. Buildings may be multi tenant and shall not exceed a maximum
of 20,000 square feet of building area. The districts should reflect the character of the neighborhood
through design.
Net Density see Density, net
Noise, Abnormal or excessive see Abnormal or excessive noise
Nonconforming lot. A lot that does not comply with the requirements of this chapter but which did comply
with applicable ordinance requirements at the time the lot was created. (20)
Nonconforming structure. Any building or structure that does not comply with the requirements of this
chapter but which did comply with applicable ordinance requirements at the time it was constructed or put
in place. (20)
Nonconforming use. A use of land that does not comply with the requirements of this chapter but which
did comply with applicable ordinance requirements at the time the use was established. (20)
25
Nontechnical and technical words. Words and phrases shall be construed according to the common and
approved usage of the language; however, technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in law shall be construed and understood according to such
meaning. (1)
Normalbusiness hours means those hours (8 a.m.--5 p.m. Monday-qFriday) during which most similar
businesses in the city are open to serve customers. In all cases, "normal business hours" must include some
evening hours at least one night per week and/or some weekend hours. (7.5)
Normal domestic strength waste means water carried domestic waste, exclusive of fi)oting and roof
drainage. Domestic waste includes, but is not limited to liquid waste produce by bathing, laundry, culinary
operations and liquid waste from toilets and fioor drain. Domestic waste contains approximately two
hundred seventy (270) mf/l BOD5 and approximately three hundred (300) mffl suspended solids,
consistent with that emanating from a typical household. (19)
Normal operating conditions means those service conditions which are within the control of the grantee.
Those conditions which are not within the control of the grantee include, but are not limited to, natural
disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control of the grantee include, but are not
limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the system. (7.5)
NPDESpermit means the system for issuing, conditioning and denying permits for the discharge of
pollutants ['ornn point sources into tile navigable waters, ttne contiguous zone, anct thc oceans by thc
Environmental Protection Agency and pursuant to tile Fecteral water Pollution Control Act o{' 1972,
Sections 402 and 405. (19)
Nude model studio means any place wlnerc a person who appears in a state or' nudity (~r displays "specified
anatomical areas" is provided to be observed, sketched, drawn, painted, sculptnred, photographed, or
similarly depicted by other persons who pay money or any 2)tm of consideration. (10)
Nudity or state of nudity means: (1) The appearance of a human bare buttock, anus, male genitals, female
genitals, or female breast; or (2) A state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast. (10)
Nuisance means a thing, act or use of property that: (1) Annoys, injures or endangers the health, safety,
comfort or repose of the public; (2) Offends public decency; (3) Unlawfully interference with the use of or
obstructs, or tends to obstruct or render dangerous for passage a lake, stream, navigable river or public
water, park, square, sidewalk, street, alley or highway; (4) Depreciates the value of the property of the
inhabitants of the city; (5) In any manner renders the inhabitants of the city insecure in life or in use of
property. (13)
Number. A word importing the singular number only may extend and be applied to several persons and
things as well as to one (1) person or thing. A word importing the plural number only may extend and
be applied to one person or thing as well as several persons or things. (1)
Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on the site or
imported to the site, as well as accessory items directly related to their care and maintenance. Accessory
items may include fertilizer, potting soil, garden tools, seed, pesticides, pots, and other gardening supplies.
The retail sale of hardware, paint pet supplies, power equipment, and farm implements shall be prohibited.
"Nursery" may include greenhouses. (20)
Nursing home means an extended or intermediate care facility licensed by the state to provide full-time
convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are
unable to care for themselves. (20)
26
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words "swear and sworn" shall be
equivalent to the words "affirm" and "affirmed. (1)
Obstacle, Water see Water obstacle
Occupancy. The purpose for which a building or portion thereof is utilized or occupied. (7)
Occupant. Any individual living or sleeping in a building, or having possession of a space within a
building. (7)
Odor generator, non-significant means an industry or other source which has not been designated as a
significant odor generator as defined in this section. (20)
Odor generator, significant means an industry, facility or other source which has been identified by
the environmental health officer as the cause of three odor alerts in a 90-day period inclusive of
industries, facilities or sources previously found to be in compliance which, through changes in
processes, technologies, growth, or from other causes, has begun to generate odors which result in
three odor alerts in a 90-day period. (20)
Odor means that which produces a response of the human sense of smell to an odorous substance.
(2O)
Odor polhttiott meaus an odor emitted to the atmosphere by an iudustry or other source which is
determined by the enforcement official to be the cause nf an odor alert. (20)
O.[.'[~ce means professional and business office, nonretail activity. [Jsed for conducting the aftkdrs of at
business prol'cssiol~, service, in¢luslry or gox crnmc~t. (20)
oJ]k'cer, Properly designated see Properly designated
Officials', officers, departments', employees, boards, commissions, etc, Whenever reference is made to
officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "city
manager," "clerk," "chief of police," etc., they shall be deemed to refer to the officials, officers,
departments, employees, boards, commissions or other agencies of this city. (1)
Off-premises sign see Sign, off premises
On-Premises sign see Sign, on-premises
Open porch means a roofed open area, attached to or part of, and with direct access to or from a building.
An open porch may be surrounded by a railing but must not be enclosed with screen, mesh, glass, or similar
material. (20)
Open space, Parks see Parks/open space
Openable Area. That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors. (7)
Operate means to navigate or otherwise use a watercraft. (6)
Operating Conditions, Normal see Normal operating conditions
Operating manager. The term "operating manager" as used in this article means a person designated by the
license holder who works full-time at the licensed premises and is in charge of day-to-day liquor sales. (10)
27
Operation and maintenance means activities required to provide for the dependable and economical
functioning of the treatment system, throughout the useful life of the treatment works, and at the level of
performance for which the treatment works were constructed. Operation and maintenance includes
replacement. (19)
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for
occupancy. (7)
Ordinance or city ordinance. The unqualified use of the term "ordinance" or "city ordinance" shall be
construed to be followed by the phrase "of the City of Chanhassen, Minnesota. (1)
Ordinary high water mark for lakes and wetlands the highest water level that has been maintained for
a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is
commonly that point where the natural vegetation changes from predominately aquatic to predominately
terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of
the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of
the normal summer pool. (6) (20)
Organized race means a race sponsored and conducted by the park and recreation commission, the
chamber of commerce, Jaycees, American Legion or similar council-recognized civic groups or
associations. (12)
Outdoor sales, temporary see Temporary outdoor sales
Otttdot, r stm'age means the storage of any ?ods, junk equipment, fllel, m~teri:/Is, merchandise, sui~plies
motor vehicles not h~lly enclosed in a bnilding lbr more than a twenty-fimr-h(mr (24) period. (20)
future replatting before development. (20)
Overburden: Those materials which lie between the surface of the earth and material deposit to be
extracted. (7)
Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. (6) (20)
Owner in the case of a watercraft means a person, other than a lienholder having the property in or title to a
watercraft; the term includes a person entitled to the use or possession of such craft, subject to an interest in
another person, reserved or created by agreement and securing payment or performance of any obligation.
"Owner" in the case of a lakeshore site means any natural person who is either the record owner of a fee
simple interest, or the record owner of a contract for deed vendee's interest, or the holder of a possessory
leasehold interest, in the whole of any lakeshore site, including authorized guests, and immediate family
member of such person. (6)
Owner means any person who owns, harbors or keeps or has custody of a dog or cat, or the parents or
guardians of a person under eighteen (18) years of age who owns, harbors, keeps or has custody of a dog or
cat. (5)
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality as holding title to the property; or
otherwise having control of the property, including the guardian of the estate of any such person, and the
executor or administrator of the estate of such person if ordered to take possession of real property by a
court.(7)
28
Owner. The word "owner" shall, when applied to a building or land, include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
Paint stick orgraffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other
similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-fourth
(1/4) of an inch in width. (13)
Parent or gaardian means the natural or adoptive parent of a person, the legal guardian of such person, or
any other person over eighteen (18) years of age who has been selected by the natural or adoptive parent or
legal guardian to supervise the person under sixteen (16) years of age while the person has in his/her
possession or under his/her control any firearm. (11)
Park, Private means a tract of land presently owned or controlled and used by private or semi-public
persons, entities, groups, etc. for active and/or passive recreational purposes.
Parking lot means an approved off-street, ground level area, usually surfaced and improved,
designed and intended for vehicular access to and from a parking area and for parking of motor
vehicles. (20)
Parking Ramp means a building, garage, or structure or part thereof in which a structural level other
than a slab on grad is used for parking, storage or maintenance of motor vehicles. (20)
Parks/open space shall mean parks, parkways, ice skating rink, playgrounds, pttblic accesses, recreation
ac[jace~at t(* beaches, which are deline:/lccl as sxvimmil~g :~reas I~y tlae placemclat r~l' marker t~t~oyx. (14)
dwelling, business to busi~ess, place to place, or fi'om street to street, carrying or tra~nsporting gt)ods,
xv~H'es, ~mcrchandise, or services a~d oI'fcri~ag or CXlO~>si~g tl~e same fi)r sale. (10)
Pedestrian ways. See Sidewalk (18) (20)
Permanent dock means any dock other than a seasonal dock. (6)
Permission, written see Written pertnission
Pertnittee means any person to whom a permit issued.
Person The word "person" means any human being and may extend and be applied to bodies politic and
corpo rate, and to partnerships and other uninco rpo rated associations. ( 1 ) (19) (16) (10) (7) (7.5) (13)
Person, Underage see Underage person
Personal service means an establishment or place of business primarily engaged in providing
individual services generally related to personal needs, such as a tailor shop. (20)
Petting farm means any activity whereby Shetland ponies, miniature donkeys (equus asinus), miniature
horses (equus caballus), potbellied pigs, feeder pigs (young swine), sheep (ovis), pygmy goats (capra),
milking goat, rabbits (leporidae), chinchillas (chinchilla laniger), red foxes (vulpes), hedgehogs (earinaceus
europaeus), young cows (bos), geese (anser), ducks (anatinae), chickens (gallus gallus), exotic white
peafowl (pave), red golden pheasants (chrysolophus pictus), and prairie dogs (cynomys ludovicianus) are
exhibited, regardless of compensation. (20)
ptt means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (19)
29
Photometrics means the quantitative measurement of light level and distribution. (20)
Pickup, special see Special pickup
Platting authority means the city council. (20)
Pole sign see Sign, freestanding~pole~pylon
Police agency means the Carver County sheriff's department or such other law enforcement agency
designated by the city council to provide regular public safety services to the city. (2)
Pollution, Odor see Odor pollution
Pool, Swimming see Swimming Pool
Porch, open see Open porch
Portable sign see sign, portable
Power substation means a facility comprising of transmission towers, transformers, power equipment, and
structures necessary to house such equipment. (20)
Pretnises means a lot, parcel, plot, tract or plat of land, easement of public way together with the building
and structures thereon. (7) (20)
l'rcmiscs, Licet~scd sec Liccuscd prcmiscs
zone, which is generally dcliueatcd in tho Bluff Crock Watershed Nalural Resources Managculcul Plan, is
intcnclcd to bc preserved as permanent t)pcn space. (20)
Principal Building see Building, principal
Principal structure. The main building as distinguished t¥om an accessory building or structure. (20)
Pristine Wetlands see Wetlands, pristine
Private Kennel see Kennel, private
Private Park see Park, Private
Private sale or event sign see Sign, private sale or event
Private stables see Stables, private
Private street see Street, private
Processing means the crushing, washing, compounding or treating of rock, sand, gravel, clay, silt or other
like material. (20)
Projecting sign see sign, projecting
Properly designated officer. The term "properly designated officer" means and includes; (1) The city fire
inspector; (2) The city building official; and(3) The health inspectors employed by Carver or
Hennepin county or the state acting in the course of the scope of their employment.
30
Property The word "property" includes real, personal and mixed property. (1) (10)
Property, Exterior see Exterior property
Property, Public see Public Property
Property, Semipublic see Semipublic property
Public educational or government access facilities or PEG access facilities means: (1) Channel capacity
designated for public, educational or governmental use; and (2) Facilities and equipment for the use of such
channel capacity. (7.5)
Public land means land owned and/or operated by a governmental unit. (20)
Public Property shall mean any public street, highway, school ground, playground, or other publicly
owned property within the city except parks and lakes. (11)
Public safety communications center means the central facility used to receive emergency requests for
public safety services and general information t¥om the public to be dispatched to public safety personnel.
(3)
Public Safety Personnel means all personnel employed by any law enforcement agency, and any fire-
fighting personnel and any ambulance personnel. (3)
Public server see Server, public
Public utility means persons, corporations, or governments supplying gas, electric, transportation, water.
wireless services shall not be considered public utility uses, and arc defined scparatcly. (20)
Public waters means and shall be limited to the fi)llowing waters of the state: (1) All water basins assigned
a shoreland management classification by the commissioner of natural resources; (2) All waters of the state
which have been finally determined to be public waters or navigable waters by a court of competent
jurisdiction; (3) All meandered lakes, except lbr those which have been legally drained; (4) All water
basins previously designated by the commissioner of natural resources for management for a specific
purpose such as trout lakes and game lakes pursuant to applicable law. (5) All water basins designated as
scientific and natural areas; (6) All water basins located within and totally surrounded by publicly owned
lands; (7) All water basins where the state or the federal government holds title to any of the beds or
shores, unless the owner declared that the water is not necessary for the purposes of the public ownership;
(8) All water basins where there is publicly owned and controlled access which is intended to provide for
public access to the water basins; and (9) All natural and altered natural watercourses with a total drainage
area greater than two (2) square miles, except that trout streams officially designated by the commissioner
of natural resources shall be public waters regardless of the size of their drainage area. The public
character of water shall not be determined exclusively by the proprietorship of the underlying, or
surrounding land or by whether it is a body or stream of water which was navigable in fact or susceptible of
being used as a highway for commerce at the time this state was admitted to the union. (20)
Public works director. References to the city engineer, director of public works or public works
director are to the director of public works/city engineer.
Pylon sign see Sign, freestanding~pole~pylon
Ramp, Parking see Parking Ramp
Real Estate Office, Temporary see Temporary Real Estate Office
31
Real estate sign see Sign, real estate
Realproperty. The words "real property" includes lands, tenements and hereditaments. (1)
Rear Lot Line see Lot line, rear
Rear Yard see Yard, Rear
Recreational beach lot means land abutting public water which serves as a neighborhood recreational
facility for the subdivision of which is a part. (20)
Recreational vehicle means a vehicle or vehicular unit which can be driven, towed or hauled, and which is
primarily designed as a temporary living accommodation for recreational camping and travel use.
Recreational vehicles include travel trailers, camping trailers, truck campers, and self-propelled motor
homes. (20)
Recyclables means materials which can be separated l¥om the mixed municipal solid waste stream for
collection and preparation for reuse in their original form, or for other uses in manufacturing processes that
do not cause the destruction of the recyclable materials in a manner that precludes further use. (16)
Refuse andgarbage collector means any person holding a valid license from the village for the purpose of
collecting refuse and garbage. (16)
Refase means putrescible and nonputrescible solid wastes of all kinds, combustible and noncombustible,
resulting from the operation of a honsch(,Id, inch~ding but not limited to, garbage or any other discarded or
reconstruction of buildings or other improvements by contractors; or (2) Trees in excess ()f six (6) inches in
Rehabilitatimt means to renew the land t~ ~ self sustaining, long-term usc which is
contiguous land uses in accordance with the standards set forth in this chapter. (20)
Repair shall mean the act or process of restoring or replacing a defective element of an individual sewage
treatment system to approximately its original function without altering its original location, capacity, or
operating characteristics. Only repairs or replacement performed downstream of the inlet of the
distribution device or replacement of the septic tank, pump tank, or dosing chamber shall be considered
repairs requiring a permit under this article. (19)
Replacement means the obtaining and installing of equipment, accessories or appurtenances which are
necessary during the useful life of the wastewater treatment facilities to maintain the capacity and
performance for which such facilities were designed and constructed. The term operation and maintenance
includes replacement. (19)
Residential development shall mean ten (10) or more places of habitation concentrated within ten acres of
land. The term also includes schools, churches, hospitals, nursing homes, businesses, offices, and
apartment buildings or complexes having ten or more units. (19)
Residentialdistrict means that area of the city zoned as RR, RSF, R-4, R-8, R-12, o~ R-16, or PUD-R by
the City Code. (10)
Residential dwelling see Dwelling, Residential (16)
Restaurant, fast food means an establishment whose principal business is the sale of food and/or beverages
in a ready-to-consume state for consumption: (1) Within restaurant building; (2) Within a motor vehicle
parked on the premises; or (3) Off the premises as carry-out orders; and whose principal method of
32
operation includes the following characteristics: (a) Food and/or beverages are usually packaged prior to
sale and are served in edible containers or in paper, plastic, or other disposable containers; (b) The
customer is not served food at his table by an employee, but receives it at a counter window, or similar
facility and carries it to another location on or off the premises for consumption. (20)
Restaurant, standard means an establishment whose principal business is the sale of food and/or
beverages, including alcohol, to customers in a ready-to-consume state, and whose principal method of
operation includes one (1) or both of the following characteristics: (1) Customers, normally provided with
an individual menu, are served their food and beverages by a restaurant employee at the same table or
counter at which food and beverages are consumed; (2) A cafeteria-type operation where food and
beverages generally are consumed within the restaurant building. (20)
Restoration: To renew land to self-sustaining long-term use which is compatible with contiguous land uses,
present and future, in accordance with the standards set forth in this article. (7)
Restraint, Under see Under restraint
Retail sales means establishments engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of such goods. (20)
Revenues, Gross see Gross revenues
Right-of, way means a strip of land intended to be occupied by a roadway, sidewalk, trail, and/or other
utilities or facilities. A right-of-way includes the land between the right-of-way lines, whether improved or
unimproved. "Right-of-way" includcs, nrtcrinl, collector. :Inet local streets. (I) (7.5) (12) (18)
Riparian Lot see Lot, riparian
RoadsMe sta~td moans a stand locatod :ld.il/COllt lo pttblic right of-way For tiao ~;:tlc of agricultural proch~cc.
Roadway means that portion of the right-of-way improved, designed or ordinarily used for vehicular travel,
including the shoulder. (12) (18) (20)
Rodent. Any animals or insects commonly seeking to make their home within the interior of a permanent
structure, including birds, bats, bees, wasps, moths, squirrels, mice and rats. (7)
Roof sigu see Sign, roof
Roof sign, integral see Sign, integral roof
Roof, standing seam see Standing seam roof
Rooming House. A building arranged or occupied for lodging, with or without meals, for compensation
and not occupied as a one or two-family dwelling. (7)
Rooming Unit. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes. (7)
Root Zone, Critical see Critical root zone
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the
residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery and dust and other similar materials. (7)
33
Safety or deadman throttle means a device which, when pressure is removed from the engine accelerator
or throttle, causes the motor to be disengaged from the driving track. (12)
Sales, Small Vehicle see Small Vehicle Sales
Sanitary sewer see Sewer, Sanitary
Satellite dish height means the height of the antenna or dish measured vertically from the highest point of
the antenna or dish when positioned for operation, to ground level.
Satellite dish means a combination of: (1) Antenna or dish antenna whose purpose is to receive
communication or other signals from orbiting satellites and other extraterrestrial sources; (2) A low-noise
amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to
magnify and transfer signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior
of the building. (20)
Saturated soil shall mean the highest elevation in the soil where periodically depleted oxygen levels occur
because of soil voids being filled with water. Saturated soil is evidence by the presence of soil mottling or
other information. (19)
School, Vocational see Vocational school
Seasonal dock means any dock designed and constructed so that it may be removed fi'om a lake on a
seasonal basis; all components such as supports, legs, decking and footing must be capable of removal by
nonmechani×ed a?nts. (6)
wetlands crc.) in order to minimize thc inap:lct of lqCXv clcvclopmcnt on thc Prim:~ry Z(>nc. (20)
Sectio~t means any section, subsection or provision of this division. (7.5)
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and
areolae of the female breast, as well as portions of the body covered by supporting straps or devices. (10)
Semipublic property shall mean any parking lot operated incident to any commercial use of land, any auto
service station, or any parochial or private school ground for which no special on-sale nonintoxicationg
malt liquor permit has been issued by the city. (11)
Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization. (20)
Senior Citizen Housing means housing designed and intended to be occupied principally by persons 55 or
older.
Separated Materials, Source- see Source-Separated Materials
Septage shall mean solids and liquids removed during periodic maintenance of an individual sewage
treatment system, or solids and liquids which are removed from toilet waste treatment devices or a holding
tank. (19)
Septic System see Individual sewage treatment system (ISTS)
34
Service area or franchise area means the entire geographic area within the city as it is now constituted or
may in the future be constituted, unless otherwise specified in the franchise agreement. (7.5)
Service center, Auto see Auto service center.
Service interruption means the loss of picture or sound on one or more cable channels. (7.5)
Setback Line, Building see Building Setback Line
Setback means the minimum horizontal distance between a structure and the nearest property line or right-
of-way; and, within shoreland areas, setback also means the minimum horizontal distance between a
structure or sanitary facility and the ordinary high water mark. (19) (20)
Setback zone, Dock see Dock setback zone
Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type
sewage treatment system as described and regulated in Chat¢ter 19, Article IV of the City Code. (20)
Sewage treatment works means any arrangement of devices and structures used for treating sewage. (19)
Sewer means a pipe or conduit for carrying sewage. (19)
Sewer system means pipelines or conduits, pumping stations, and t~rce main, and all other construction,
devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a
p(~int of ultim:tte ctispos:fl. (20)
Sewer System, Co,tmzt~tiO' means an alternative tyl)c s:mi~m'v sen'er system ,hich nlilizes one (I)
septic tauk cllluent to a central location tBr treatment lhrough soil absorplion. (19)
Sewer; Building meaus the extensiou from the building drain to the public sewer. (19)
Sewer, Co~nbined means a sewer receiving both surhce runoff and sewage. (19)
Sewe[ public means a sewer in which all owners of abutting properties have equal rights or is
controlled by public authority or both. Where an individual septic tank is part of the system, that
septic tank and the pipe leading out of the tank shall be considered part of the public sewer. (19)
Sewer, Sanita~ means a sewer which carries sewage and to which storm, surface and ground waters
are not intentionally admitted. (19)
Sexual activitie& Specified see Specified sexual activities
Sexual encounter center means a business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling
between persons of the opposite sex; or (2) Activities between male and female persons an~or persons of
the same sex when one (1) or more of the persons is in a state of nudity or semi-nude. (i 0)
Sexually oriented business, Substant~l enlargement of a see Substant~l enlargement of a sexually
oriented business
Sexually o~ented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult
massage parlor, adult motel, adult motion picture theater, adult store, adult theater, escort agency, nude
model studio, or sexual encounter center.
35
sexually oriented business, Transfer of ownership or control of a see Transfer of ownership or control of
a sexually oriented business
Shall. The word "shall" is to be construed as being mandatory. (1) (10)
Sheriff means the Carver County sheriff or his designee. (3)(6)
Shielded light fixture means a light fixture with cutoff optics that allows no direct light emissions above a
vertical cutoff angle of ninety (90) degrees. (20)
Shooting means the firing or discharge of any firearm. (11)
Shopping center means an integrated group of commercial establishments planned, developed, and
managed as a unit, with off-street parking i'hcilities provided on-site. (20)
Shore impact zone means land located between the ordinary high water level of a public water and a line
parallel to it at a setback of fifty (50) percent of the structure setback. (20)
Shoreland means land located within the following distances from public waters: one thousand (1,000) fcct
from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or
stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is
greater. The limits of shorelands may be reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters for lesser distances and when approved by the
commissioner. (20)
Shrub means a xvo(~¢ly phmt that remains h~w and produces sever:ti creel, gl,teaseling, or IVr{mlrutc stems
Side Lot Linc see Lot liuc, side
Side of BlltJf see Bht[.'[; shle of
Side Yard see Yard, side
Sidewalk. The word "sidewalk" means a pedestrian way, public or private, designed or intended for the
principal use of pedestrians. "Sidewalk" also includes that portion of a street between the curb lines,
or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(1) (18) (20)
Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a
window or door, which is used to advertise, announce, identify, display, direct or attract attention to an
object, person, institution, organization, business, commodity, product, service, event or location, by
means, including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected
images. (20)
Sign, advertising means any sign which directs attention to a business, commodity, service, activity or
entertainment not conducted, sold or offered upon the premises where such a sign is located. (20)
Sign, awning means a temporary hood or cover
that projects from the wall of a building, and
which can be retracted, folded or collapsed
against the face of the supporting building.
Awning may extend in any required yard setback
a maximum of five (5) feet. (2.6 feet in the
supplementary regulations) (20)
Awning Sign
36
Sign, banner means a sign which is made out of a paper, cloth or plastic-like consistency, affixed to a
building, vehicle, poles, or other supporting structures by all four (4) corners. (20)
Sign, bulletin board means a sign which identifies an institution or organization on the premises
of which it is located and which contains the name of the institution or organization, the names
of individuals connected with it, and general announcements, of events or activities
occurring at the institution or similar messages. (20)
Sign, business directory means a sign which identifies the names of specific
businesses located in a shopping center, medical center and professional office and
which is located on the premises of the shopping center so identified. (20)
Sign, campaign means a temporary sign announcing, promoting, or supporting
political candidates or issues in connection with any national, state, or local election.
(20)
Sign, canopy means any sign that is affixed to a projection or extension of a
building or structure of a building, erected in such a manner as to provide a shelter
or cover over the approach to any entrance of a store, building or place of
assembly. Plastic or structural protective cover over a door entrance, window, or
outdoor service area. (20)
Sign, changeable copy means a sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged without altering the face or the
surface of the sign. (20)
Business Directory Sign
Canopy Sign
and similar indix iduals or firms having a role or interest xxith respect to the situxtion or lWU.jcct. (20)
Sign, development identification means a permanent ground low profile sign which
identifies a specific residential, industrial, commercial or office development and which is located on
the premises of the development which it identifies. (20)
Directional Sign
Sign, directional means a sign erected on private property fi)r the purpose of directing pedestrian or
vehicular traffic onto or about the property upon which such sign is located, including signs marking
entrances and exits, circulation direction, parking areas, and pickup and delivery areas. (20)
Sign, display area means the area within a single continuous perimeter enclosing the extreme limits
or the actual sign message surface, including any structural elements outside the limits of each sign
forming an integral part of the sign. The stipulated maximum sign display area for a sign refers to a
single facing. (20)
Sign, festiveflag/banner means a flag or banner constructed of cloth, canvas or light fabric, that
is hung from a light pole. The flag/banner shall contain no advertising except for cultural events,
special holidays/seasons, etc. (20)
Sign, flag means any fabric banner used as a symbol of a government, political, subdivision or
other identity. Corporation flags shall not exceed twelve (12) square feet and may be flown in
tandem with the state or national flag. The size of the state or national flag shall not exceed one
hundred (100) square feet. (20)
Sign Display Area
Festive Flag/Banner Sign
Sign, flashing means any directly or indirectly illuminated sign which exhibits changing natural
or artificial light or color effects by any means whatsoever. (20)
37
Sign, freestanding~pole~pylon means any nonmovable sign not affixed to a building but erected upon a
pole, post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more
above the ground elevation. (20)
Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental
functions, or required by law, ordinance or other governmental regulation. (20)
Sign, ground Iow profile business means a business sign affixed directly to the ground, which directs
attention to a business, commodity, service, or product offered on the premises. (20)
Sign, holiday decoration means a temporary sign in the nature or'decorations, clearly incidental to and
customarily and commonly associated with any national, local or religious holiday. (20)
Sign, home occupation means a sign containing only the name and occupation of a permitted home
occupation not to exceed two (2) square feet. This is also a nameplate sign. (20)
Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign
or directed towards the sign. (20)
Sign, informational means a sign containing descriptions of major points of interest, government
institutions or other public services such as hospitals, sports facilities, etc. (20)
Sign, institutional means a sign which identifies the name and other characteristics of a public or private
institution of the site where the sign is located. (20)
(20~
vortically above the highest portion of thc tool' and such that no part of thc si~n is
separated l?om the rest of the roof by a space of more than six (6) inches. (20)
Sign, marquee means a sign which is mounted, painted on, or attached to any projection
or extension of a building that is designated in such a manner as to provide shelter or
cover over the approach to any entrance of the building. (20)
Integral Roof Sign -
Sign, menu board means a sign located adjacent to the drive-through lane that is used to
advertise the product available at a fast food restaurant, (20)
Sign, motion means any sign or part of a sign which changes physical position by any movement or
rotation of which gives the visual impression of such movement or rotation. (20)
Sign, nameplate means a sign, located on the premises which bears the name and/or address of the
occupant of the building or premises. (20)
Sign, nonconforming means a sign that does not conform to the requirements of this chapter. (20)
Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or
services not related to the premises on which it is located. (20)
Sign, on-premises means a sign which directs attention to a business, commodity, product, use, service or
other activity which is sold, offered or conducted on the premises upon which the sign is located. (20)
38
Sign, portable means a sign designed so as to be movable from one (1) location to another, and that is not
permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to
be transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs
attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is
used in the normal day-to-day operations. (20)
Sign, private sale or event means a temporary sign advertising private sales or personal property such as a
house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night,
art/'air, or craft show. (20)
Sign, projecting means a sign that is wholly or partly dependent upon a building fbr support and which
projects more than twelve (12) inches from such building. (20)
Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises,
on which the sign is located. (20)
Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a
building for support and which projects above the roof line of a building with a fiat roof, the eave line of a
building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. (20)
Sign, temporary means a sign designed or intended to be displayed for a short period of time. This includes
items such as banners, pennants, flags, beacons, sandwiches, or balloons or other air or gas filled figures.
(20)
Sign, wall means a sign attached to or erected against the wall of a building or
include [Cllallt idcnti l'ication, tCII/Illl [Og{). CclltCF II/IlllC, O1' /lily combination ol' thc flu
Sign, window means sign, pictures, symbols, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale or
service, that is placed inside a window or upon the window panes or glass and is
visible from the exterior of the window. (20)
I ROOF
Roof. Wall, Window &
PrQjecting Signs
Signature, subscription. A signature or subscription includes a mark when the person
cannot write, provided that the peFson's name is written near such lnark and is witnessed by a person who
writes his own name as witness. (1)
Significant historic site means any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes,
section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the
director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be
significant historic sites. (20)
Significant tree means any healthy tree species measuring twelve (12) inches or more DBH; or any health
coniferous tree measuring twelve (12) feet in height or more. (20)
Single Family Dwelling see Dwelling, single-family
Single-user Tower see Tower, single-user
39
Site distance triangle means no sign or sign structure shall be closer to any lot line than a distance equal to
one-half (~/2) the minimum required yard setback. No sign shall be placed within any drainage or utility
easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be
located in any site distance triangle thirty (30) feet from the point of intersection of the property line. (20)
Site furnishings means any structure, other than buildings, visible from any public way, and any street
hardware located in streets and public ways and outside of buildings. Site furnishings include, but are not
limited to, signs, decorative paving treatments, fences, walls, railings, artwork, transformers, utility access
boxes, lighting standards and arrays, and other visible site appurtenances. (20)
Slope, steep see Steep slope
Slow--No wake means operation of a watercraft at the slowest possible speed necessary to maintain
steerage and in no case greater than five (5) miles per hour. (6)
Small Vehicle Sales means any motor vehicle having an engine cubic centimeter displacement of less
than 1,000cc, including but not limited to, riding lawn mowers, farm equipment, motor cycles, mini-
bikes, all-terrain vehicles, and snowmobiles.
Snowmobile means a self-propelled vehicle which is designed for travel on snow or ice steered by skis
or runners. (14)
Soil textural classification shall mean the soil particle size or textural classification as specified in the Soil
Survey Manual, Handbook No. 18, United States Department of Agriculture (USDA) 1993, incorporated
by reference. (19)
Soil, Su.spemled see Suspended soil
Solicitor means any person, l'irm, corporation, or other business organization wh~) ~_ocs l'rom ¢twclling to
dwelling, business to business, place to place, or fi-om street to slreet, soliciting donations other than
political campaigns, or taking or attempting to take orders fi)r any goods, wares, or merchandise, including
books, periodicals, magazines, or personal property of any nature whatever fi)r future delivery. (10)
Solid Waste, Mixed Municipal see Mixed municipal solid waste
Source-Separated Materials' means those elements of a waste stream which are separated by the
generator for reuse in their original form or for use in manufacturing processes. (10)
Specialpickup means any collection of materials other than garbage, refuse, recyclables or yard waste,
including white goods (e.g., large appliances), furniture, oversized materials, construction debris, and other
materials collected, processed, and disposed of as separate waste streams. (16)
Special trees mean any large broadleaf trees at least thirty (30) inches DBH, any large conifer trees at least
twenty (20) inches DBH, any medium broadleaf trees at least twenty (20) inches DBH, any small broadleaf
trees at least twelve (12) inches DBH, rare or unusual tree species, or trees of exceptional quality. (20)
Specified anatomical areas means human genitals in a state of sexual arousal. (10)
Specified sexual activities means and includes any of the following: (1) The fondling or other erotic
touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or
perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual
or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1)
through (3) above. (10)
40
Stables, commercial means any place where a person accepts horses, colts, ponies, mules, burros, or
llamas from the general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming. (5) (20)
Stables, private means any place where a horse, colt, pony, mule, burro, or llama is kept or harbored,
such animal being owned by the owner or lessee of the premises wherein or whereupon the animal is
kept or harbored.
Standard restaurant see Restaurant, standard
Standing seam roof is a deck roof consisting of fiat metal joined by vertical or overlapping seams. (20)
State disposal systetn (SDS) permit means any permit including any terms, conditions and requirements
thereof issued by the MPCA pursuant to Minnesota Statutes section 115.07 for a disposal system as defined
by Minnesota Statues section 115.01, subdivision g 5. (19)
State. The words "the state" or "this state" shall mean the State of Minnesota. (1) (7.5)
Statntes. References to "statutes" or to "M.S." are to thc Minnesota Statutes unless otherwise specified. (1)
Steep slope means land where agricultural activity or development is either not recommended or described
as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in
available county soil surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with thc provisions of this chapter. Where specific
information is not available, steep slopes are lands having average slopes over twelve (12) percent, as
Steriliged means neutered in thc case of male dogs or cats, ()r spayed in thc case (q' l'cmalc d()gs t)r cats
Storage buildin&, means any structure nsed ~'or the slora? ol' materials and accessories used ',md n(~rm~lly
associated with thc princit>al usc off thc property. (20)
Store, Convenience see Convenience store
Storm sewer connection means the installation of a hookup or connection from the municipal storm sewer
line I a street or easement to the structure to be served thereby or to any inlet or catch basin on the property
drained by the storm sewer. (19)
Storm sewer or storm drain means a sewer which carries storm and surface waters and drainage, but
excluding sewage and polluted industrial wastes. (19)
Story means that portion of a building included between the surface
of any floor and the surface of the floor next above it. Or if there is
not floor above it, then the space between the floor and the ceiling
next above it and including a basement used for the principal use. If
the height tH) of the basement is more than twelve (12) feet at any
point, or if the height tH) is more than six (6) feet for ore than fifty
(50) percent of the perimeter of the building then it is considered a
story. This definition refers to nonresidential properties only. (20)
Street frontage means that portion of a parcel of land abutting one
(1) or more public streets. (20)
Story
41
Street means a public right-of way or a private right-of-way occupied
by a roadway. (1) (7.5) (12) (18) (20)
Street width means the shortest distance between the lines
delineating the right-of-way of a roadway. (20)
Street, arterial means a street or highway with access restrictions
designed to carry large values of traffic between various sectors
of the city or county and beyond. (18) (20)
Street, collector means a street that carries traffic from minor
streets to arterial streets. (18)
Slreet
Street, local means a street of limited continuity which is used
primarily for access to abutting properties. (18)
Street, Minor see Minor Street
Street, private means a street serving as vebicular access to two (2) or more parcels of land which is
not dedicated to the public but is owned by one (1) or more private parties. (18) (20)
Strip, Buffer see Buffer strip
Structure means anything manufi~ctured, built, constructcd.
l~Jayground cquipmcnl, concrete slabs. (7)
Structure Prittcipal .¥ee Principal xtrttcture
StrllCtllre, Accex$ory see Accessory Itxe or stl'nctllre
Structure, Confortning see Conforming buiiding or structure
Structure, Nonconforming see Nonconforming structure
Structure, temporary see Temporary structure
Subdivision means the separation of an area, parcel, or tract of land under single ownership into two (2) or
more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, or alleys, for residential, commercial, industrial, or other use or any
combination thereof, except those separations: (a) Where all the resulting parcels, tracts, lots, or interests
will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five
(5) acres or larger in size for commercial and industrial uses; (b)Creating cemetery lots; (c) Resulting from
court orders, or the adjustment of a lot line by the relocation of a common boundary. (18) (20)
Subscriber means any person who or which lawfully elects to subscribe to, for any purpose, a service
provided by the grantee by means of or in connection with the cable system whether or not a fee is paid for
such service. (7.5)
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the
business by more than twenty-five (25) percent, as the floor area existed on the effective date of this article.
(10)
42
Substation, Electrical see Electrical Substation
Substation, Power see Power substation
Suitable backstop means any natural or manmade barrier of sufficient mass, size or construction to wholly
contain the projectile being discharged. (1 l)
Surface waters shall mean any water basins or watercourses defined as natural water courses or public
waters in Minnesota Statures Section 105.37, subdivisions 9,10, 11, and 14, respectively. (19)
Suspended soil means solids that either float on the surface of or are in suspension in waste and which are
removable by laboratory filtration; the quantity being determined by a test as described in Standard
Methods fi~r the Examination of Water and Wastewater, latest edition. (19)
Swimming area means an area immediately adjacent lo the shoreline which is marked in accordance with
the applicable regulations of the state department of natural resources and which is used solely for
recreational swimming. (6)
Swimmiug Pool means any manmade structure for holding water, iutended for swinmfing by bnnmn
beings, excluding portable and inflatable structures.
Swimming raft means a small floating structure designed exclusively for swimming and sunbathing. (6)
System, Alternate see Alternate system (19)
System, l,'ailiug see Faili,g system
System, Wind c~terg9, conversion see Wind energ, y com'ersio~t s)'stcnt
Table, Water see Water table
Targeted recyclables means newspaper; clear, brown and green glass containers; tin cans; aluminmn
beverage cans; cardboard; plastics; magazines; phonebooks; high grade paper and or other materials
that may be designated by resolution of the city council. (16)
Telecommunication Service, Commercial Wireless see Cotnmercial wireless telecommunication service
Temporary Mobile Tower see Tower, temporary mobile
Temporary Outdoor Display means a temporary outdoor display of merchandise, products, or models
for promotional or sales purposes.
Temporary outdoor sales means and is defined as "sales activities characterized by their short-term or
seasonal nature, require an outdoor location, and by the fact that permanent improvements are not made to
the site." (20)
Temporary Real Estate Office means a unit or trailer within a development which may be used as a
sales or real estate office for the development in which it is located.
Temporary sign see Sign, temporary
Temporary structure means a structure without any foundation or footings and which shall be removed
when the designed time period, activity, or use for which temporary structure was erected has ceased. (20)
43
Temporary Trailer see IYailer, temporary
Tenant, occupant. The words "tenant," and "occupant," applied to a building or land mean any person,
corporation, partnership or group, whether or not the legal owner of record, occupying the whole or a
part of such building or land, whether alone or with others. (1) (7)
Tense. Words used in the past or present tense include the future as well as the past and present. (1)
Terminal, Truck see Track terminal
Toe of the bluff see Bluff, toe of
Toilet Rootn. A room containing a water closet or urinal but not a bathtub or shower. (7)
Top of the blu. ffl see Bluff, top qf
Topsoil: That portion of the overburden which lies closest to the earth's surthce and snpports the growth of
vegetation. (7)
Tower means any ground-mounted pole, spire, structure, or combination thereof, including supporting
lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna,
meteorological device, or similar apparatus above grade. (20)
Tower, multi-user means a tower designed for the antennas of more than one (1) commercial wireless
telecommunication service provider or governmental a?ncy.
Tower, tempora~ mobile means any mobile tower, pole, or structure located on a trailer, vehicle, or
temporary plat2>rm intended primarily fi,i' thc purpf~se of inounting an antenna or similar apparatt~s
personal wirdess services, also commonly referred to as cellular on wheels (COW). (20)
Townhouse Dwelling see Dwelling, townhouse
Townhouse See Dwelling, townhouse
Trade, Wholesale see Wholesale trade
Trade& Home improvement see Home itnprovement trades
Trail means a travel way designed for and used by pedestrians and cyclists using nonmotorized bicycles.
(]8)
Trailer, Boat see Boat trailer
Trailer, tempora~ means a trailer or mobile home for construction purposes, the display or sale of real
estate, or major durable goods or as a temporary form of residential dwelling on lot on which a house is
being constructed. (20)
Trailer, travel means a vehicle or movable structure which is designed, intended or used for temporary
human habitation during recreational or vacation activities. The term includes, without limitation,
recreational vehicles, campers, camper trailers and tents, and house travel and tent trailers, but does not
include mobile homes. (20)
44
Transfer of ownership or control of a sexually oriented business means and includes any of the
following: (1) The sale, lease, or sublease of the business; (2) The transfer of securities which constitute a
controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment
of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except
for transfer by bequest or other operation of law upon the death of the person possessing the ownership or
control. (10)
Transient merchant means any person, firm, corporation, or other business organization who engages
temporarily in the business of selling and delivering goods, wares, or merchandise within the city, and who, in
furtherance of such purpose, hires, leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or
trailer. (10)
Travel Trailer see Trailer, travel
Tree means a woody plant which at maturity is thirteen (13) to twenty (20) feet or more in height, with a
single trunk, unbranched for at least several feet above the ground, and having a more or less definite
crown. (20)
Tree caliper means diameter of a tree measured at six (6) inches above ground. (20)
Tree trunk means the stem portion of a tree from the base to the first branch thereof. (20)
Tree, significant see Significant tree
Trees, lot's q£ means that any of the following may have lmppened: (1) Grade chan,~e or land
critical root zone; or (2) Utility construction resulting in the cutting of fi~rty (40) percenl or more
the tree's roots within the critical root zone; or (3) Mechanical i~0ury to the tree trunk causing loss of
more titan forty (40) percent of lhe bark: or (4) Compactim~ to ninely (90) percent nf standard
proctor to a depth of six (6) inches or more ot' forty (4t}) percent or mute nf the surlhce of the soil
within the tree's critical root zone; or (5)The pruning of alree which eliminates forty (40) percent or
more of the canopy area of a tree; or (6) The complete removal of a tree. (20)
Trees, special see Special trees
Track means any vehicle, the gross weight of which exceeds seven thousand (7,000) pounds. (12)
Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading equipment, and
the like is stored or where trucks load and unload on a regular basis. (20)
Trunk, tree see Tree trunk
Two-family Dwelling see Dwelling, two-family
Under restraint means under control by means of a leash not exceeding six (6) feet in length, or within the
property of the owners premise.
Underage person. The term "underage person" means a person who is under the legal drinking age as
provided by Minnesota Statutes Chapter 340A. (10)
Underway or in use means any watercraft in operation or use when not securely fastened to a dock or other
permanent mooring or at anchor. (6)
Unit means one (l) complete single-family household. (19)
45
Unit, Housekeeping see Housekeeping Unit
Use, Accessory see Accessory use or structure
Use, Nonconforming see Nonconforming use.
Use, Semipablic see Semipublic Use
Utility services means the erection, construction, alteration, or maintenance, by public utilities or municipal
or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or
distribution systems, communication, including poles, wire, mains, drains, sewers, pipe, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in
connection therewith, that is reasonably necessary tbr the furnishing of adequate service by such public
utilities or governmental agencies or for the public health or safety or general welt,are. This term does not
imply overhead transmission lines in excess of sixty-nine (69) ky. (20)
Utility, Public see Public utility
Utilized Wetland see Wetland, Utilized
Variattce means permission to depart from the requirements of this c/tctpte~'. (20)
Vegetation clearing means the complete removal of existing vegetative cover in such a manner as to
expose the soil to air and water erosion. (20)
Vehicle means any machine as defined under Mim~csota Statures section i68.011 or i09.01 anti includes
;thy bicycle. ? c:~rl, minil~ikc, m~torc,,'clc, sn ~,,x mobile, , tr:~il~'r, r~crcrtli~m;~l x'c~hi~'!c. :~II t~'rrz~in x chic'lc:; ~r
"Vehicle" includes every clcvicc in, upon, (>r by x~hich any l)C~scm ~>r prol)crty is c)r ni;~y be l~ztnSl)O~tccl ~r
drawn upon a highway except devices moved exclusively upon stationary rails or tracts. (13) (14)
Vehicle Sales, small see Small Vehicle Sales
Vehicle, Abandotted. See Abandoned vehicle
Vehicle, Recreational see Recreational vehicle
Vehicular use area (V. U.A.) means any open or unenclosed area containing more than one thousand eight
hundred (1,800) square feet of area and/or used by six (6) or more, of any type of vehicle, whether mooring
or at rest, including, but not limited to, parking lots, loading and unloading areas, and sales and service
areas. Driveways are considered to be vehicular use areas whenever they are adjacent to public streets or
other vehicular use elements described previously in this paragraph (and intervening curbs, sidewalks,
landscape strips, etc., do not eliminate adjacency). (20)
Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or
removing such air from, any space. (7)
Vocational school means establishments primarily engaged in offering specialized vocational courses,
including schools such as banking, commercial art, construction equipment, correspondence schools,
nursing schools, real estate schools, restaurant operation, trade schools, and truck driving schools. (20)
Wall sign see Sign, wall
46
Warehouse, Mini see Mini-warehouse
Warehousing means the commercial storage of merchandise and personal property. (20)
Waste, Normal Domestic Strength see Normal domestic strength waste
Waste, yard see Yard waste
Water monitoring device shall mean equipment which measures the amount of liquid which enters the
sewage treatment system. (19)
Water obstacle means any ski jump, slalom course, diving tower or other structure upon the water of any
lake. "Water obstacle" does not include any dock or swimming raft or watercraft. (6)
Water table shall mean the highest elevation I the soil where all the voids are filled with water, as evidence
by the presence of water or soil mottling or other evidence. (19)
Watercraft means any contrivance used or designed for navigation on water other than a duck boat during
the duck hunting season, a rice boat dnring the harvest season, ora seaplane. (6) (12)
Water-oriented accessory stractare or facility means a small, above ground building or other
improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its
use to a surface water feature, reasonably needs to be located closer to public waters than the normal
structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses,
f'¢h houses, pump ho:es, and det:~ched decks.
Waters, Smface see Surface waters
]Vd(I])OllS, Dllll~rCl'Olt.~' ,','('/~' D(III&tCI'OIIS W(!(1[~0115
Week. The word "week" means seven (7) days. (1)
Weight, Gross see Gross weight
Wetlattd delineation means a boundary bet;veen jurisdictional wetland aud nonwetland based on the
1987 Corps of Engineers Wetlands Delineation Manual. Acceptable wetland delineations shall be no
more than three (3) years old, unless accompanied by documentation demonstrating: 1. The
delineation has been reviewed in the past three (3) years by a person trained and experienced in the
application of the 1987 Corps of Engineers Wetlands Delineation Manual; and 2. That the
delineation is still accurate or has been revised to reflect existing site conditions.
Wetland delineation report means a report containing a brief site narrative, maps of the site and all
pertinent data sheets that document the establishment of a wetland delineation.
Wetlands means land transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must
have the tbllowing three (3) attributes: (1) Have a predominance of hydric soils;(2) Are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal
circumstances support a prevalence of such vegetation. (4) Wetlands does not include types 3, 4, and 5
wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included
within the definition of public waters, that are two and one-half (2t/2) or more acres in size. (i 9) (20)
47
Wetlands, ag/urban. Wetlands that have been influenced by agricultural or urban (residential, commercial, or
industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and
sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species
diversity, overcrowding and domination by invasive species such as reed canary grass, and reduction in
wildlife habitat. (20)
Wetlands', natural. Natural wetlands are still in their natural state and typically show little sign of impact
from surrounding land usage. The vegetative community of these wetlands are characterized by a diversity
of plant species with mixed dominance of species. Other key factors include: presence of natural indicator
species, good wildlife habitat, and being aesthetically pleasing. (20)
Wetlands, pristine. Wetlands that exist in a natural state and have special and unusual qualities worth
protecting at a high level are called pristine. These qualities include: outstanding vegetation community,
native species population, rare or unusual species present, and habitat lbr rare wildlife species. (20)
Wetland, Utilized. Utilized water bodies created tbr the specific purpose of surface water runoff retention
and/or water quality improvements. These water bodies are not to be classified as wetlands even if they
take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these
water bodies. (20)
Wholesale nursery means an enterprise which conducts the wholesale of plants grown on site as well as
accessory items directly related to their care and maintenance (but not including power equipment such as
gas or engine lawnmowers and farm implements). (20)
Whrde~'ale trade means an establishment or place of business en?%~ed in sellimJ merchandise
(20)
Width, l,~t s'ce l, ot wi#th
B'idth, .street .sec Street width
Wind energy conversion system or (WECS) means any device that is designed to convert wind power to
another form of energy such as electricity or heat (also referred to by such common names as wind charger,
wind turbine and windmill). (20)
Window sign see Sign, window
Woodland area, designated see Designated woodland area
Woodlands shall mean any groupings of significant trees with a canopy coverage of one (1) acre or more,
any groupings of ten (i0) or more significant trees, or any grouping of trees with at least one (1) special
tree and where twenty-five (25) percent or more of other trees are significant trees. (20)
work the earth see Earth work or work the earth
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work. (7)
Written permission requires that the following information must be included: The full name, address, date
of birth and signature of the person authorized to hunt or shoot; the full name, address and signature of the
landowner. (11)
48 ,
Written; in writing. The words "written" or "in writing" include any representation of words, letters or
figures, whether by printing or otherwise. (1)
Yard means any open space that lies between the principal or accessory building or buildings and the
nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be
specifically provided in this chapter. (20)
Yard waste lneans organic materials consisting of grass clippings, leaves weeds and other lbrms of organic
garden waste, but excluding bushes, fibrous brush, woody materials, or other materials that are not readily
compostible within a calendar year. (16)
Yard, front means a yard extending across the full width of the lot between any building and the front lot
line, and measured perpendicular to the building from the closest point of the building to the front lot line.
(20)
Yard, rear means a yard extending across the full width of the lot between the principal building and the
rear lot line, and measured perpendicular to the building from the closest point of the building to the rear lot
line. (20)
Yard, side means a yard extending form the front yard to the rear yard between the principal building and
the side lot line, measured perpendicular to the building fi'om the closest point of the building to the side lot
line. (20)
Year. Unless otherwise designated, the word "year" means a calendar year. (1)
ZOlle, s¢colldal')', Set? .¥CColldtll')' Z. OIIC
Zolliltg Lol see Lol, ~olli~1g
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 8th day of December, 2003, by the City Council
of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
49
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. __, AN ORDINANCE
AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE
GENERAL PROVISIONS.
The purpose of this code amendment is to consolidate all definitions of the
Chanhassen City Code in one section.
A printed copy of Ordinance No. __ 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 Sth day of
December 2003, by the City Council of the City of Chanhassen.
BY:
Thomas A. lWurlol~g, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on
50
DEFINITIONS
Abandoned vehicle means a vehicle, as defined below, that has remained for a period of more than forty-eight
(48) hours on public property illegally or lacking vital component parts, or does not have a current license, or
has remained for a period of more than forty-eight (48) hours on private property without consent of the person
in control of such property or in an inoperable condition such that it has no substantial potential further use
consistent with its usual functions unless it is kept in an enclosed garage or storage building. "Abandoned
vehicle" also means a motor vehicle voluntarily surrendered by its owner to the city. A classic car or pioneer
car, as defined in Minnesota Statutes section 168.10, shall not be considered an abandoned vehicle. Vehicles on
the premises ofjunkyards and automobile graveyards, which are defined, maintained and licensed in accordance
with Minnesota Statutes section 161.242, or which are licensed and maintained in accordance with local laws
and zoning regulations, are not abandoned vehicles. (13)
Abnormal or excessive noise shall mean (a) distinct and loudly audible noise that unreasonably annoys,
disturbs, injures, or endangers the comfort and repose of any person or precludes their enjoyment of
property or affects their property's value, (b) noise in excess of that permitted by Minnesota Statutes
Section 169.69, as it may be amended from time to time, which requires every motor vehicle to be
equipped with a muffler in good working order, or (c) noise in excess of that permitted by Minnesota
Statutes Section 169.693 and Minnesota Rules parts 7030.1000 through 7030.1050, as this statute and
these rules may be amended from time to time, which establish motor vehicle noise standards. (13-50)
Accessory structure or facility, Water-oriented see Water-oriented accessory structure or facility
Accessory use or structure means a use or structure subordinate to and serving the principal use or structure on
the same lot and clearly and customarily incidental thereto. Accessory agricultural buildings include
structures such as barns and silos. (20)
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-
operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or
other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized by the depicting or describing of
"specified sexual activities" or "specified anatomical areas." Also see Sexually oriented business (10)
Adult bookstore, adult video store, or adult store means a commercial establishment which as one of its
principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the
following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified
sexual activities" or "specified anatomical areas"; or (2) Instruments, devices, or paraphernalia which are
designed for use in connection with "specified sexual activities." Also see Sexually oriented business (10)
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or(2) Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities"; or(3) Films, motion pictures, video cassettes,
slides, or other photographic reproductions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas." Also see Sexually oriented business (10)
Adult massage parlor means a massage parlor which excludes minors by reason of age, or which provides, for
any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service
provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas." Also see Sexually oriented business (10)
Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers accommodations to
the public for any form of consideration; provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible
from the public right of way which advertises the availability of this adult type of photographic reproductions;
or(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or(3) Allows a tenant
or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. Also see
Sexually oriented business (10)
Adult motion picture theater means a commercial establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Also
see Sexually oriented business (10)
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly
features persons who appear in a state of nudity or live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities." Also see Sexually oriented business (10)
Advertising sign see Sign, advertising
Aerosolpaint container means any aerosol container that is adapted or made for the purpose of applying spray
paint or other substances capable of defacing property. (13)
Ag/Urban Wetlands see Wetlands, ag/urban
Agriculture means the commercial use of land for raising of livestock and poultry, growing and producing of
fruits, vegetables, field crops and nursery stock, including tree farms and choose-and-cut Christmas tree sales.
The term does not include the commercial raising of fur-bearing animals, nor the operation of riding academies,
commercial stables or kennels. (20)
Air Circulation Device. Means a mechanism designed and used for the controlled flow of air used in
ventilation, cooling, [heating,] or conditioning, but not limited to, central and window air conditioning units.
Alarm system means any equipment or device which emits an audible, visual, or electric signal upon the
detection of a potential burglary, robbery, fire, medical emergency, trespass, or property intrusion. "Alarm
system" does not include anti-theft or tampering alarms installed in any motor vehicle. "Alarm system" does not
include smoke detectors which emit only an audible alarm signal and which are installed within individual
dwelling units. (3)
Alarm user means any person in control of any building, structure, facility or tract of land wherein or whereon
an alarm system is used or maintained within the city. (3)
Alarm, False see False alarm
Alley means a public right-of-way which is used primarily for secondary vehicular service access to the back or
the side of properties abutting on a street. (18) (20)
Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of an
existing building, such as bearing walls, columns beams, girders or interior partitions, as well as any change in
doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one (I) location to another. (20)
Alternate system shall mean an individual sewage treatment system employing methods and devices presented
in Minnesota Rules Chapter 7080.0910 subpart 3. (19)
Anatomical areas, Specified see Specified anatomical areas
Animalfeedlot means land or buildings used for the confined feeding, breeding, raising or holding of livestock
and poultry where the concentration of animals is such that a vegetative cover cannot be maintained within the
enclosure. Pastures are not considered animal feedlots. (20)
Animal, Dangerous see Dangerous animal
Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic
waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes;
and ~ omni directional antennas, such as whip antennas. (20)
Applicable laws means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise,
permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary
or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any
governmental authority. (7.5)
Approved firearms safety course means a program of instruction in the safe and proficient use of any firearm
which is sponsored: l) By any accredited private or public school system; or 2) By the commissioner of natural
resources pursuant to Minnesota Statues section 97.8 i. (11)
Approved. Approved by the code official. (7)
Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and educational purposes. (20)
Area, Buildable see Buildable area
Area, Lot see Lot area
Arterial street see Street, arterial
Association, Homeowners see Homeowner association
At large means off the premises of the owner and not under restraint. (5)
Authority means the city or its agent or designee. (19)
Authority, Delegation of see Delegation of authority
Authority, Joint see Joint authority
Authority, Platting see Platting authority
Auto service center means an integrated group of commercial establishments or single establishments planned,
developed, and managed as a unit with off-street parking provided on site and providing uses engaged primarily
in the supplying of goods and services generally required in the operation and maintenance of motor vehicles.
These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and
lubricating services, and the performance of minor automotive maintenance and repair. This does not include
major body repair where it is necessary to provide long term storage of cars and body parts. (20)
3
Automobile means a self-propelled, free moving vehicle with four wheels used to transport not more than seven
(7) passengers and licensed by the appropriate agency as a passenger vehicle. (20)
Awning sign see Sign, awning
Backstop, suitable see Suitable backstop
Balcony means a platform, minimum of seven and one-half (71/2) feet above the ground, that projects from the
wall of a building and is surrounded by an open railing. (20)
Banner sign see Sign, banner
Basement. That portion of a building which is partly or completely below grade. (7)
Basic cable service means any service tier which includes the retransmission of local television broadcast
signals. Basic cable service as defined herein shall not be inconsistent with 47 USC § 543(b)(7) (1993). (7.5)
Bathroom. A room containing plumbing fixtures including a bathtub or shower. (7)
beach lot, Recreational see Recreational beach lot
Bed and breakfast means an owner-occupied single-family home in which not more than five (5) rooms are
rented on a nightly basis for a period of seven (7) or less consecutive days by the same person. Meals may or
Bedroom. Any room or space used or intended to be used for sleeping purposes.
Best available control technology (BACT) means the utilization of those technologies, processes,
procedures, or operating methods or alterations by an industry or other source which results in the
elimination or the maximum achievable reduction of odor pollution from an odor emission point source.
(2O)
Biochemical Oxygen Demand (BOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade,
expressed in milligrams per liter, as prescribed in Standard Methods, current edition. (19)
Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the
exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any other
barrier to the continuity of development. (20)
Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff. (20)
Bluff means a natural topographic feature such as a hill, cliff, or embankment having the following
characteristics: (i) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The grade of
the slope from the toe of the bluff to a point twenty-five (25) feet or more above the toe of the bluff averages
thirty (30) percent or greater. (3) An area with an average slope of less than eighteen (18) percent over a
distance for fifty (50) feet or more shall not be considered part of the bluff. (20)
Bluff, side of means a point at which both conditions for a "bluff" no longer exist. The side of the bluff is
delineated by a line connecting the top and toe of a bluff at a location in which the slope of the bluff is less than
thirty (30) percent or the change in elevation becomes smaller than twenty-five (25) feet. (20)
Bluff, Toe of means the point on a bluff where there is, as visually observed, a clearly identifiable break in
the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall
4
be determined to be the lower end of a fifty-foot segment, measured on the ground, with an average slope
exceeding eighteen (18) percent. (20)
Bluff, Top of means the point on a bluff where there is, as visually observed, a clearly identifiable break
in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff
shall be determined to be the upper end of a fifty-foot segment, measured on the ground, with an average
slope exceeding eighteen (18) percent. (20)
Boarder means an individual other than a member of the family occupying the dwelling unit or part thereof who
for a consideration is furnished meals or other services. (20)
Boardinghouse means a dwelling or part thereof in which lodging is provided by the owner or operator to three
(3) or more boarders. (20)
Boat trailer means any device used to transport any watercraft when pulled behind any motor vehicle. (12)
Boathouse means a structure designed and used solely for the storage of boats or boating equipment. (20)
Body shop is an establishment primarily engaged in the repair of auto bodies, automotive painting and
refinishing. (20)
Boulevard means that portion of the street right-of-way between the curb line and the street boundary line. (12)
(18) (20)
Brake, Engine Retarding see Engine retarding brake
Broad-tipped tnarker means any felt tip indelible marker or similar implement with a flat or angled writing
surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing ink or other pigmented
liquid that is not water soluble. See Graffiti implement (13)
Buffer strip means an area of nondisturbed ground cover abutting a wetland left undisturbed to filter sediment,
materials, and chemicals. (20)
Buildable area means the area of a lot remaining after the minimum yard and open space requirements of this
chapter have been met. (20)
Building coverage means the horizontal area from the outside edge of the exterior walls of the ground floor of
all principal and accessory buildings on a lot. (20)
Building drain means that part of the horizontal piping of a building drainage system with receives the
discharge from all other soil, waste and drainage pipes inside the walls of any building an conveys the same to
the building sewer. (19)
Building height means the vertical distance between the highest adjoining ground level at the building or ten
(10) feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average
height of the highest of the highest gable of a pitched or hipped roof. (20)
Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond
which a structure may not extend. (20)
Building setback line means a line on a lot, generally parallel to a lot line, high water mark, shoreline or
roadway right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by
this chapter. The building setback lines delimit the area in which buildings and other regulated structures are
permitted subject to all applicable provisions of this chapter. (20)
Building sewer see Sewer, Building
Building, Conforming see Conforming building or structure
Building, principal means a building in which is conducted the primary or predominant use of the lot. (20)
Building, Storage see Storage Building
Bulletin board sign see Sign, bulletin board
Business directory sign see Sign, business directory
Business Hours, Normal see Normal business hours
Business sign see Sign, business
Sign, business means a sign which directs attention a business or profession conducted, or to a commodity or
service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
Cable Act means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984)
(codified at 47 USC §§ 521-611 (1982 & Supp. V 1987)) as amended by the Cable Television Consumer
Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub.
L. No. 104-458 and as the same may, from time to time, be amended. (7.5)
Cable service means: (1) The one-way transmission to subscribers of (i) video programming, or (ii) other
programming service; and (2) Subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming service. (7.5)
Cable service, Basic see Basic cable service
Cable television system, system or cable system means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is designed to provide cable service
which includes video programming and which is provided to multiple subscribers within a community, but such
term does not include: (I) A facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations; (2) A facility that serves subscribers without using any public rights-of-way;
(3) A facility of a common carder which is subject, in whole or in part, to the provisions of 47 USC §§ 201-
226, except that such facility shall be considered a Cable System (other than for purposes of 47 USC § 541) to
the extent such facility is used in the transmission of video programming directly to subscribers; unless the
extent of such use is solely to provide interactive on-demand services; (4) An open video system that
complies with Section 653 of the Cable Act; or (5) Any facilities of any electric utility used solely for
operating its electric utility system. (7.5)
Caliper, tree see Tree caliper
Campaign sign see Sign, campaign
Canopy coverage shall mean the area on a horizontal plane that is located under the crowns of all the trees on
the site. (20)
Canopy sign see Sign, Canopy
6
Carry means the handling or transportation of a firearm concealed or otherwise outside a person's domicile. (11)
Certificate of compliance shall mean a document written after a compliance inspection, certifying that a system
is in compliance as specified in Minnesota Rules Chapter 7080.0060, and this article. A qualified employee or
licensee must sign the document. (19)
Changeable copy sign see Sign, changeable copy
Channel or cable channel means a portion of the electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel as defined by the Federal Communications
Commission. (7.5)
Church means a building or edifice consecrated to religious worship, where people join together in some form
of public worship under the aegis and direction of a person who is authorized under the laws of the State of
Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises
and classroom facilities. The following are not considered as churches: camp meeting grounds, mikvahs, coffee
houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one (1) day. Bible camps with live-in quarters, publishing establishments,
ritual slaughter houses, radio or television towers and transmission facilities, theological seminaries, day care
centers, hospitals, and drug treatment centers are not churches. (10) and (20)
City The word "city" means the City of Chanhassen, Carver and Hennepin Counties, Minnesota. (1) (19)
City clerk. References to the "city clerk" or "clerk" are to the city clerk/manager. (1)
City council or council. The words "city council" or "council" mean the city council of Chanhassen, Minnesota. (1)
City Engineer. References to the city engineer, director of public works or public works director are to
the director of public works/city engineer.
City manager means the city manager of the City of Chanhassen. References to the "city manager" or
"manager" are to the city clerk/manager. Cross reference(s)--Office of city clerk and city manager
consolidated, {} 2-19. (1) (10)
Clear-cutting means the removal of an entire stand of trees. (20)
Clearing Vegetation, Intensive see Intensive vegetation clearing
Clearing, Vegetation see Vegetation clearing
Cluster development means a pattern of development that arranges the layout of buildings on a compact area of
the site so as to reserve a portion of the site for common open space or green space that is protected in
perpetuity.
Code The word "Code" means the Chanhassen City Code as designated in section 1-1. (1)
Code Official. The official who is charged with the administration and enforcement of this code, or any duly
authorized representative.
Collection means the aggregation of mixed municipal solid waste from the place at which it is generated and
includes all activities up to the time the waste is delivered to a waste facility. (16)
Collector Street see Street, Collector
Combined sewer see Sewer, Combined
Commercial establishments means any premises where a commercial, industrial or agricultural enterprise of
any kind is carried on, and includes clubs, churches and schools. (16)
Commercial kennel see Kennel, commercial
Commercial stables see Stables, commercial
Commercial wireless telecommunication service means licensed commercial wireless telecommunication
services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general
public. (20)
Commingled (e.g., dumpster-type) residential collection means collection from any building consisting of more
than one (1) dwelling unit wherein each unit has an individual kitchen and wherein the mixed municipal solid
waste of each unit is mixed with the waste of other units prior to the collection efforts of licensed haulers. (16)
Commissioner means the state commissioner of natural resources acting directly or though his authorized
agents. (6)
Community Center means a place, structure, area, or other facility used for educational, social, or
recreational programs generally open to the public and designed to accommodate and serve significant
segments of the community, and may have outdoor recreational facilities.
Community sewer system see Sewer System, Community
Compliance inspection shall mean any evaluation, inspection, or other process to make conclusions,
recommendations, or statements regarding an individual sewage treatment system to reasonably assure an
individual sewage treatment system is in compliance with regulations. (19)
Compliance plan means an agreement between a significant odor generator and the city. (20)
Compliance, Certificate of see Certificate of compliance
Condemn. To adjudge unfit for occupancy.
Conference/convention center means a preplanned, centrally managed development containing facilities for
business or professional conferences and seminars and containing accommodations for overnight lodging,
eating and recreation. The development is characterized by architecturally integrated buildings, common use of
parking areas, and incorporation of passes recreational amenities into overall site design. (20)
Conforming building or structure means any building or structure which complies with all the regulations of
this chapter, or any amendment thereto. (20)
Conjunctions. "Or" may be read "and," and "and" may be read "or" if the sense requires it. (1)
Conservation Easement see Easement, conservation
Construction debris means waste building materials, packaging and rubble resulting from construction,
remodeling, repair, and demolition of buildings and roads. (16)
Construction sign see Sign, construction
Contractor: someone (a person or firm) who contracts to build things 2: (law) a party to a contract. (17)
Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and
supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are
stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a
completely enclosed buildings used in conjunction with a contractor's business. (20)
Convenience store means a retail establishment which generally sells a limited range of food products,
nonprescription drugs, candy and other perishable goods. This includes soda and similar beverage dispensing
and food products, which can be heated and/or prepared onsite, and has over four hundred (400) square feet of
floor area for retailing of nonautomotive goods. (20)
Convenience store with gas pumps means a retail establishment which generally sells gasoline from pump
islands and a limited range of food products, nonprescription drugs, candy and other perishable goods. This
includes soda and similar beverage dispensing and food products which can be heated and/or prepared onsite,
and has over four hundred (400) square feet of floor area for retailing of nonautomotive goods. (20)
Corner Lot see Lot, corner
Corporation counsel or municipal counsel or city counsel means the city attorney.
Council means the City Council of the City of Chanhassen, Minnesota. Also see City Council (7.5)
County board shall mean the Carver or Hennepin County board of commissioners. (19)
County. The word "county" means Carver County or Hennepin County, or both Carver and Hennepin Counties,
as appropriate. (1) (9)
Coverage, Building see Building coverage
Coverage, Canopy see Canopy coverage
Coverage, Lot see Lot coverage
Critical root zone means an area twelve (12) times the tree diameter at DBH measured from the base of the tree.
(20)
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)
Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-around for the safe and
convenient reversal of traffic movement. (18) (20)
Dangerous animal" means: (1) Any animal with a known propensity or disposition to unprovoked attacks, to
cause injury to or to otherwise endanger the safety of humans or other domestic animals. (2) Any animal that
has attacked or bitten any person, except a person that has tormented or abused it.
Dangerous weapons mean slingshots, clubs, blackjacks, spring guns, brass or metal knuckles or any knife with
a switch blade which opens automatically under spring pressure with a button or release mechanism or by any
other mechanical contrivance. (1 l)
9
Day care center means any facility or home where tuition, fees or other forms of compensation is charged for
the care of children and which is licensed by the state as a day care center. (20)
DBH means diameter measured at breast height (4.5 feet above the ground). (20)
Debris, Construction see Construction debris
Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site. (20)
Delegation of authority. Whenever a provision appears requiring the head of a department or some other city
officer to do some act or perform some duty, it is to be construed to authorize the head of the department or
other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty
unless the terms of the provision or section specify otherwise. (1)
Delineation report, Wetland see Wetland delineation report
Delineation, Wetland see Wetland delineation
Density, gross see Gross Density
Density, net means the quotient of the total number of dwelling units divided by the developable acreage of the
site. Developable acreage excludes wetlands, lakes, roadways, and other areas not suitable for building
purposes.
Department of public works. The department of public works shall consist of both the public works
department and engineering department.
Depth, Lot see Lot depth
Designated woodland area means an area within a development that has been designated in the woodland
management plan as a tree preservation, forestation or replacement planting area. (20)
Development identification sign see Sign, development identification
Development means the division of a parcel of land into two (2) or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining
excavation, landfill or land disturbance, and any use or extension of the use of land. (20)
Development, Cluster see Cluster development
Development, residential see Residential development
Direct glare means an excessive brightness contrast producing a sensation of visual discomfort resulting from
insufficiently shielded light source in the field of view. (13)
Directional sign see Sign, directional
Dismantledfireartn means any unloaded firearm or bow which is dismantled in such a manner so as to prevent
shooting.
Display area, sign see Sign display area
10
Display. The term "display" means the keeping, storing, or permitting to be kept or stored of an alcoholic
beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar
or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is
stored in a normal storage area during non-sale hours. (10)
Disposal system (SDS) permit, State see State disposal system (SDS) permit
District, Residential see Residential district
Diving tower means a floating or nonfloating structure designed for diving purposes and which projects over the
surface or surrounding waters by more than five (5) feet. (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)
Dock means a wharf, pier, or other structure constructed or maintained, whether floating or not, including all
"L's," "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. (6) (20)
Dock setback zone means the area inside and running parallel to and ten (10) feet from the extended lot lines of
a lot abutting a lake. "Extended lot lines" means an extension of the side lot lines one hundred (100) feet into a
lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high
water mark. If the extended lot lines of adjoining lots overlap, then the common extended lot line between the
lots shall be at an angle which equally divides the area of overlap. (6) (20)
Dock, Permanent see Permanent dock
Dock, Seasonal see Seasonal dock
Double Frontage Lot, see Lot, double frontage
Drain, Building see Building drain
Drive-in use means an establishment which by design, physical facilities, service, or by packaging procedures
encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their
motor vehicle. This term includes having "drive-thru" windows. (20)
Driver means every person who drives or is in physical control of a vehicle. (14)
Driveway means a private access from a street to an individual lot. (18) (20)
Drugs means any controlled substance, as defined by chapter 152 of Minnesota Statutes, the possession of
which is a violation of Minnesota Statutes Section 152.09. (14)
Dwelling means a building or portion thereof designed, occupied or intended to be occupied exclusively for
residential purposes, but not including hotels, motels, nursing homes, travel trailers, motorhomes or bed and
breakfast tourist homes. (20)
Dwelling unit means one (1) or more rooms which are connected together as a single unit constituting
complete, separate and independent living quarters for one or more persons, physically separated from any
other room or dwelling unit which may be in the same building and containing permanent cooking, eating,
sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. (7)(20)
11
Dwelling, manufactured, also called mobile home, means a factory-built structure which is transportable
in one (1) or more sections on its own running gear or chassis, and which is equipped with necessary
utility service connections and designed to be used for single-family occupancy with or without a
permanent foundation. Such dwellings measure twenty (20) feet or more in width and forty (40) feet or
more in length, exclusive of supporting members or hitches. (20)
Dwelling, multifamily means a detached building containing three (3) or more dwelling units. Apartment
buildings, condominiums, manor homes, quad-duplexes, and cooperatively owned buildings containing three
(3) or more dwelling units are multifamily dwellings. (20)
Dwelling, residential means any single building consisting of two (2) or less dwelling units with individual
kitchen facilities for each. (16)
Dwelling, single-family means a building containing one (1) dwelling unit. A) Dwelling, Single-family
attached. A residential building containing one dwelling unit including detached, semi-detached and
attached dwellings. B) Dwelling, Single-family detached. One dwelling unit having open space on all
four sides. (20)
Dwelling, townhouse means a single-family attached dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit and
each unit is separated from the adjoining unit by one (1) or more common fire resistant walls having no
openings and extending from the basement to the roof. (20)
Dwelling, two-family means a detached building containing two (2) dwelling units. Two-family (attached)
dwelling is a type of low density dwelling. (20)
Earth work or work the earth: Excavating, mining, filling or grading. (7)
Easement means a right afforded a person or governmental/public unit to use another's real property for a
specific purpose. (18) (20)
Easement, conservation means an easement created where restrictions are imposed on the development or
alteration of property to preserve natural features. (20)
Ecosystem means a community of interacting animals, plants and microorganisms and the physical and
chemical environment in which they live. (20)
Educational or government access facilities or PEG access facilities, Public seePublic educational or
government access facilities or PEG access facilities
Electrical Substation means a subsidiary station is which electrical current is transformed.
Emission means a release of air contaminants causing an odor into the outdoor atmosphere. (20)
Encased firearm means any unloaded firearm or bow, placed in a case which is tied or otherwise secured in the
manner provided, to prevent shooting it. (11)
Engine retarding brake shall mean a Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake,
transmission brake or other similar engine retarding brake system which alters the normal compression
of the engine and subsequently releases that compression. (13-50)
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish
escorts as one of its primary business purposes, for a fee, tip, or other consideration. (10)
12
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another
person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another
person. (10)
Establishment means and includes any of the following: (1) The opening or commencement of any sexually
oriented business as a new business; (2) The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; (3) The addition of any sexually oriented business to any
other existing sexually oriented business; or(4) The relocation of any sexually oriented business. (10)
Etching equipment means any tool, device or substance that can be used to make permanent marks on any
natural or manmade surface. (13)
Excavation or mining (1) The removal of the natural surface of the earth, whether sod, dirt, soil, sand,
gravel, stone, or other matter, creating a depression. (2) Any area where the topsoil or overburden has
been removed for the purpose of removing earthly deposits or minerals. (3) Any area that is being used
for stockpiling, storage, and processing of sand, gravel, black dirt, clay, and other minerals. (7)(17)
Experimental system shall mean any system which is considered new technology with limited data on
reliability. (19)
Exterior property. The open space on the premises and on adjoining property under the control of owners or
operators of such premises. (7)
Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places;
by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping
or by any other approved pest elimination methods.(7)
Facade means that portion of any exterior elevation of a building exposed to public view extending from grade
to the top of the parapet wall or eaves and the entire width of the building elevation. (20)
Failing system shall mean a system that discharges sewage to a seepage pit, cesspool, drywell, or leaching pit
and any system with less than three (3) feet of soil or sand between the bottom of the distribution medium and
the saturated soil level or bedrock. In addition, any system posing an imminent threat to public health or safety
shall be considered failing. (19)
Fallow land shall mean land that is un-cropped and kept cultivated throughout a growing season. Vegetative
cover is less than twenty-five (25) percent. Any land that is uncropped and cultivated during the months of
September through May where a crop will be grown the following season is not considered fallow land. (19)
False alarm means an alarm signal eliciting a response by public safety personnel when a situation requiring a
response does not exist, and which is caused by the activation of the alarm system through mechanical failure,
alarm malfunction, improper installation or the inadvertence of the owner or lessee of the alarm system or of his
employees or agents. "False alarm" does not include an alarm caused by climatic conditions such as tornadoes,
thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which are clearly
beyond the control of the alarm manufacturer, installer or alarm user. (3)
Family means one (1) or more persons occupying a premises and living as a single relatively permanent
housekeeping unit, as distinguished from a group occupying a boarding house or a hotel. (7)(20)
Farm, Petting see Petting farm
Fast food restaurant see Restaurant, fast food
13
Feedlot, Animal see Animal feedlot (20)
Fence means a structure serving as an enclosure, barrier, or boundary, usually made of posts, chain link,
masonry, boards, rails or other materials. (20)
Festive flag~banner sign see Sign, festive flag~banner
Filling or grading: To change the contour of the land.
Fire chief or fire marshal means, respectively, the fire chief or fire marshal of the city. (9)
Fire department means the city's fire department. (9)
Firearm means any gun, pistol, rifle, shotgun, B-B gun, pellet gun, bow, or any device capable of discharging
arrows, slugs, or blanks, metal projectiles or paint.
Firearm, Dismantled see Distnantled firearm
Firearm, encased see Encased firearm
Firearms safety course, Approved see Approved firearms safety course (11)
Flag Lot see Lot, flag~neck
Flag sign see Sign, flag
Flashing sign see Sign, flashing
Flood fringe means that portion of a floodplain outside the floodway. (20)
Floodplain means the land adjacent to a body of water which has been or may be hereafter covered by flood
water, including that land covered by the regional flood. The flood plain consists of the floodway and the flood
fringe area. (20)
Flood, regional means a flood which is representative of large floods known to have occurred generally in the
state and reasonably characteristic of what can be expected to occur on an average frequency once every one
hundred (100) years. (20)
Floodway means the minimum channel of a watercourse and those portions of a flood plain adjoining the
channel that are reasonably required to discharge the regional flood. (20)
Floor area means the sum of the gross horizontal areas of the several floors of a building measured from the
exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of
a building shall include basement floor area, penthouses, attic space having headroom of seven (7) feet or more,
interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any
space devoted to mechanical equipment, stairwells, elevators shafts, parking or loading shall not be included in
the floor area. (20)
Floor area ratio (F.A.R.) means the numerical value obtained by dividing the floor area of all buildings on a lot
by lot area. (20)
Franchise agreement means a franchise granted pursuant to this division containing the specific provisions of
the franchise granted, including references, specifications, requirements and other related matters. (7.5)
14
Franchise fee means any tax, fee or assessment of any kind imposed by the city or any other governmental
authority on a grantee or cable subscriber, or both, solely because of their status as such. The term "franchise
fee" does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or
assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or
assessment which is unduly discriminatory against cable operators or cable subscribers); (ii) capital costs which
are required by the franchise agreement to be incurred by the grantee for PEG Access Facilities; (iii)
requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds,
security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee
imposed under 17 USC. (7.5)
Franchise means an initial authorization, or renewal thereof, issued by the city, whether such authorization is
designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which
authorizes the construction or operation of a cable system over publicly owned rights-of-way. (7.5)
Freestanding~pole~pylon sign see Sign, freestanding~pole~pylon
Front Lot Line see Lot line, front
Front Yard see Yard, front
Frontage, Lot see Lot frontage
Frontage, Street see Street frontage
Furnishings, site see Site furnishings
Garage means a structure which may or may not be attached to the principal structure used primarily for the
enclosure of personal vehicles. (20)
Garbage and Refuse collector see Refuse and garbage collector
Garbage means putrescible animal, vegetable and organic wastes resulting from the handling, preparation,
cooking, service and consumption of food. (7) (16) (19)
Garden center means a place of business where retail and wholesale products and produce are sold to the retail
consumer. These centers, which may include a nursery and/or greenhouses, import most of its items sold. These
items may include paints, handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn and
garden power equipment and machinery, hoes, rakes, shovels and other garden and farm tools and utensils. (20)
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms,
partnerships and corporations as well as to males. (1)
General. Words and phrases defined in this section have, when used in this Article, the meanings given below.
Any other word or phrase used in this Article, and defined in regulations of the Minnesota Pollution Control
Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally
construed in order that the true intent and meaning of the city council may be fully carried out. In the
interpretation and application of any provision of this Code, they shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any
provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed
by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
15
Generator means any person who produces or causes the production of mixed municipal solid waste. (16)
Glare means light emitting from a luminaire with an intensity great enough to reduce viewers' ability to see and,
in extreme cases, causing momentary blindness. (20)
Glare, Direct see Direct glare
Golf Course, regulation or par-three. A facility other than a miniature golf course for the playing of golf
at which there may be a clubhouse including restrooms and locker rooms. A golf course may provide
additional services customarily furnished such as swimming, outdoor recreation, and related retail sales
that may include a restaurant and cocktail lounge if approved as a part of the required use permit.
Governmental authority means any court or other federal, state, county, municipal or other governmental
department, commission, board, agency or instrumentality. (7.5)
Governmental sign see Sign, governmental
Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the
building or structure or the degree of use or descent of a sloping surface, expressed in percentage terms. (20)
Grading or filling see Filling or grading
Graffiti implement means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti
stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural
or manmade surface. (13)
Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked,
etched, scratched, sprayed, drawn, painted, or engraved on or other wise affixed to any surface of public or
private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the
owner or occupant of the property, or despite advance authorization is otherwise deemed a public nuisance by
the city council. (13)
Graffiti stick, Paint stick see Paint stick or graffiti stick
Grantee means any person receiving a franchise pursuant to this division and its agents, employees, officers,
designees, or any lawful successor, transferee or assignee. (7.5)
Grantor or city means the City of Chanhassen, Minnesota as represented by the council or any delegate acting
within the scope of its jurisdiction. The city administrator shall be responsible for the continuing administration
of the franchise. (7.5) Also see Jurisdiction
Greenhouse means a building used for the cultivation or protection of plants, flowers, vegetables and nursery
stock for subsequent sale or for seasonable enjoyment. (20)
Gross revenues means all revenue received directly or indirectly by the grantee, its affiliates, subsidiaries,
parents, or any person in which grantee has a financial interest of five (5) percent or more arising from or
attributable, to the provision of cable service by the grantee within the city including, but not limited to,
monthly fees charged to subscribers for basic cable service; monthly fees charged to subscribers for any
optional service; monthly fees charged to subscribers for any tier of service other than basic cable service;
installation, disconnection and reconnection fees; leased channel fees; converter and remote revenues;
advertising revenues; and revenues from home shopping channels. Gross revenues shall be the basis for
computing the franchise fees imposed pursuant to section 7.5-30. Grantee shall not be required to pay a
16
franchise fee on gross revenues derived from any person receiving free cable service pursuant to a franchise
agreement. Gross revenues shall include franchise fees collected by grantee on behalf of the city. (7.5)
Gross weight means the combined weight of a vehicle and load. Where licensing provisions require that the
gross weight be printed on the truck, this printed weight shall be the gross weight. (12)
Ground low profile business Sign see Sign, ground low profile business
Group home means a state-licensed residential facility where persons reside for purposes of rehabilitation,
treatment, or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer
social maladjustment or dependency. (20)
Guardian, Parent or see Parent or guardian
Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets,
halls, storage or utility spaces, and similar areas are not considered habitable spaces.
Habitat evaluation procedures (HEP) is a species-habitat data management system for impact assessment
developed by the U.S. Fish and Wildlife Service. Its purpose is to document predicted impacts to fish and
wildlife from proposed land and water resource development projects. Habitat quality for selected key species is
described by an index, the Habitat Suitability Index (HSD. (20)
Habitat suitability index (HSD is a fish or wildlife species-specific index value rating the ability of key habitat
components to supply essential life requirements for the species. Index value ranges between 0 to 1.0. (20)
Habitat units (HU). Habitat suitability (HSI) multiplied by the area of habitat being evaluated. HU's are used
for comparing habitat quality from one wetland to the next or for measuring the effectiveness of mitigation.
HU's integrate both quality and quantity of habitat. (20)
Hardship means the same as that term is defined in Minnesota Statutes, Chapter 462. (20)
Health care facility means a state-certified or licensed facility or institution, whether public or private,
principally engaged in providing services for health maintenance, diagnosis or treatment of human disease,
pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care
facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease
hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other
home for sheltered care, and bioanalytical laboratory or central services facility serving one (1) or more such
institutions but excluding institutions that provide healing solely by prayer. (20)
Health services means establishments primarily engaged in furnishing medical, surgical or other services to
individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental
laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies
and services. (20)
Height, Building see Building Height
Historic Site, significant see Significant historic site
Holiday decoration sign see Sign, holiday decoration
Home improvement trades means carpenter shops, interior decorating, painting and paper hanging shops,
furniture upholstering and similar enterprises; but not including contractor's yards. (20)
17
Home occupation means an occupation, profession, activity or use carried out for potential gain by a resident
that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter
the exterior of the property or affect the residential character of the neighborhood. (20)
Home occupation sign see Sign, home occupation
Home, group see Group home
Home, Model see Model home
Home, Nursing see Nursing home
Homeowner association means any private corporation, private club, unincorporated association or nonprofit
organization, which owns, leases or operates a recreational beach lot, as that term is defined in the zoning
ordinance, for the purpose of providing access to any lake for its members, shareholders, owners and
beneficiaries. (6)
Horse includes horses, colts, ponies, mules, burros, or llamas.
Hotel means a facility offering transient lodging accommodations to the general public and which may provide
additional services such as restaurants, meeting rooms and recreational facilities and where access to individual
rooms is provided through an indoor lobby or office. (20)
Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty (40) pounds in weight
that is usually and customarily considered a pet. (20)
Housekeeping Unit. A room or group of rooms forming a single habitable space equipped and intended
to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet,
lavatory and bathtub or shower. (7)
Illuminated sign see Sign, illuminated
Imminent danger. A condition which could cause serious or life-threatening injury or death at any time.(7)
Impact ::one, Bluff see Bluff impact zone
Impact zone, shore see Shore impact zone
Impervious surface means any material that substantially reduces or prevents the infiltration of storm water. It
shall include, but not be limited to, gravel driveways, parking area, buildings and structures. (20)
Impoundment means the status of being in the physical custody of the police of any animal control officer of the
city, including, without limitation, confinement in the city pound or in the animal control officer's vehicle. (5)
Incinerator means any device used for the destruction of refuse or waste materials by fire. (16)
Incorporation shall mean the mixing of septage with the topsoil by means such as disking, moldboard plowing,
or chisel plowing, to a minimum depth of six (6) inches. (19)
Individual (e.g., curbside) residential collection means collection from any building consisting of one (1) or
more dwelling units wherein each unit has an individual kitchen and wherein the mixed municipal solid waste
of each unit is separately collected by licensed haulers. (16)
18
Individual on-site sewer system means an alternative type sewer system for which the septic tank and drainfield
are located entirely on the property being served. Also see Individual Sewage Treatment system(19)
Individual sewage treatment system (ISTS) shall mean a sewage treatment system, or part thereof, serving a
dwelling or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by
soil treatment and disposal. (19)
Industrial Heating Equipment is an appliance, device or equipment used, or intended to be used, in an
industrial, manufacturing or commercial occupancy for applying heat to any material being processed,
but shall not include water heaters, boilers or portable equipment used by artisans in pursuit of a trade.
Industrial, light see Light industrial
Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other
pests. (7)
Informational sign see Sign, informational
Initial service area means the area of the city which will receive cable service initially, as set forth in any
franchise agreement. (7.5)
Injection shall mean the process of directing the flow of septage under the surface of the soil. Septage shall flow
from the storage container or tank directly into the soil profile and shall not be spread on the soil surface. (19)
Inspector shall mean the person or persons employed or engaged by the city and assigned the responsibility for
the administration and implementation of this article. (19)
Installation means the connection of the system to a subscriber and the provision of cable service. (7.5)
Institutional sign see Sign, institutional
Integral roof sign see Sign, integral roof
Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row,
or block. (20)
Interest. the term "interest" as used in this article includes any pecuniary interest in the ownership, operation,
management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum
rental agreements; bona fide open accounts or other obligations held with or without security arising out of the
ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to such
establishment; or any interest of five (5) percent or less in any corporation holding a city liquor license. A
person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona
fide consideration hh~ef-~ therefore and excluding bona fide gifts or donations, shall be deemed to have a
pecuniary interest in such retail license. In determining "bona fide," the reasonable value of the goods or things
received as consideration for the payment of the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this article
shall be considered. (10)
Interim use means a temporary use of property until a particular date, until the occurrence of a particular event,
or until zoning regulations no longer permit it. (20)
Interior Lot see Lot, interior
19
Intermittent light means any artificial light which flashes, revolves or fluctuates in such a manner that the
variance is easily distinguished by personal observation. (13)
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as
giving such authority to a majority of such persons or officers. (1)
Junkyard means an area, lot, parcel, building or structure or part thereof where used, waste, discarded or
salvaged materials are bought, sold, exchanged, stored, abandoned, baled, cleaned, packed, disassembled or
handled, including but not limited to scrap iron and other metals, glass, paper, rags, rubber products, tires,
bottles, building materials, vehicle parts, household appliances, brush and lumber. A junkyard includes an
automobile wrecking dismantling yard, but does not include accessory uses established in conjunction with a
permitted manufacturing process when conducted within an enclosed area or building. The storage of
unlicensed and/or inoperable motor vehicles for a period in excess of thirty (30) days shall also be considered a
junkyard. (20)
Jurisdiction means the city. Also see Grantor or City
Kennel, commercial means any place where a person accepts dogs and cats or other domesticated
animals, more than one year of age, from the general public and where such animals are kept for the
purpose of selling, boarding, breeding, training, treating or grooming. (5) (20)
Kennel, private means any place where three (3) or more dogs or cats over one (1) year of age are kept or
harbored, such animals being owned by the owner or lessee of the premises wherein or whereupon the animals
are kept or harbored. (5) (20)
Kitchen. A room or an area equipped for preparing and cooking food. (7)
Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other
identifying mark of a nationally recognized testing laboratory, inspection agency or other organization
concerned with product evaluation that maintains periodic inspection of the production of the above-labeled
items and by whose label the manufacturer attests to compliance with applicable nationally recognized
standards.(7)
Lake means any body of water lying wholly or partially within the city and all parts, bays and channels
thereof. Lakes shall not include streams or rivers or other man-made water bodies such as storm water
ponds. (6)
Lakeshore site means any lot of record which abuts any body of public water. (20)
Land spreading shall mean the placement, incorporation, or injection of septage onto or beneath the soil
surface. (19)
Land spreading site shall mean any land used for septage land spreading. (19)
Land, Fallow see Fallow land
Land, Public see Public land
Landowner means any person, group, firm or corporation owning, leasing or legally controlling any lands
within the territorial limits of the city. (11)
Landscape means all forms of planting and vegetation, ground forms, rock groupings, water features and
patterns, and all visible construction except buildings and site furnishings. (20)
20
Legionnaire's Disease. The excess fluids from cooling towers are a known cause of Legionnaire's Disease.
The cooling tower fluids shall be monitored and treated so as to prevent any health disease. (7)
Let for Occupancy or Let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.(7)
License means the authentic state document used to designate the numbers assigned a watercraft and to renew
the same. (6)
Licensed premises. The term "licensed premises" is the premises described in the approved license application.
In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and
located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles
are regularly parked or operated. (10)
Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as
well as the individual listed as an applicant on the application for a license. (10)
Light fixture, shielded see Shielded light fixture
Light industrial means the manufacturing, compounding, processing, assembling, packaging or testing of goods
or equipment or research activities entirely within an enclosed structure, with no outdoor storage. There shall be
negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (20)
Light source means a device (such as a lamp) which provides visible energy. (13)
Light trespass means light emitted that is visible beyond the boundaries of the property on which the light
source is located. (13)
Light, Intermittent see Intermittent light
Line, Building see Building Line
Line, Building Setback see Building Setback Line
Line, Lot see Lot line
Living area means the area of a dwelling including, but not limited to, bedrooms, bathrooms, kitchens, living
rooms, and dining rooms, but excluding garages. (20)
Loading space means an off-street space or berth designed and used for the loading or unloading of commercial
vehicles. (20)
Local Street see Street, local
Loss of trees see Trees, loss of
Lot means a separate parcel, tract, or area of land undivided by any public street or approved private street,
which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which
is occupied by or intended to be developed for and occupied by a principal building or group of such buildings
and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces
21
and yards as are designed and arranged or required by this chapter for such building, use or development. (i 8)
(2O)
Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines, but not including any
area occupied by the waters of lakes or rivers or by street rights-of-way. (20)
Lot, corner means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the
same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five
(135) degrees. (20)
Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces. (20)
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. The greater
frontage of a corner lot is its depth, and its lesser frontage is its width. (20)
Lot, double frontage means a lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets
which do not intersect at the boundaries of the lot. On a double frontage lot, both street lot lines shall be deemed
front lot lines.
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 thirty (30) feet wide. The lot width on neck
or flag lots and lots accessed by private streets shall be one
hundred (100) feet as measured at the front building setback
line. The location of these lots is conceptually illustrated below.
(2O)
Lot frontage means the lot width measured at the front lot line. (20)
Neck/Flag Lots
/
Lot, interior means a lot other than a comer lot.
Lot line means a line of record bounding a lot which divides one (1) lot from another lot or from a roadway
right-of-way or any other public space. (20)
Lot line, front means the lot line separating a lot from a roadway right-of-way. In the case of a comer lot it shall
be the lot line with the shortest dimensions on the street. (20)
Lot line, rear means the lot line which is parallel to and most distant from the front lot line; or in the case of
triangular or otherwise irregularly shaped lots, a line twenty (20) feet in length, entirely within the lot, parallel
to and at the maximum possible distance from the front lot line. (20)
Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is
a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. (20)
Lot, Nonconforming see Nonconforming lot.
Lot, Nonconforming, see Nonconforming Lot (20)
Lot, Parking, see Parking lot
Lot of record means any legally recorded lot which at the time of its recordation complied with all applicable
laws and ordinances. (20)
22
Lot, riparian means any lot abutting the ordinary high water mark of a lake, pond or wetland. (20)
Lot width means the shortest distance between lot lines measured at the midpoint of the building line. (20)
Lot, zoning means a single tract of land which consists of one (1) or more lots of record and which, at the time
of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built
upon as a separate unit under single ownership or control. A zoning lot may or may not coincide with a single
lot of record, but in no case shall a zoning lot include only a portion of a lot of record. (20)
Low profile business Sign, Ground see Sign, ground low profile business
Manufactured Dwelling see Dwelling, manufactured
Manufactured dwelling see Dwelling, manufactured
Marquee sign see sign, Marquee
may not be provided to residents and overnight guests. (20)
May not, shall not. "May not," "shall not," and similar phrases have a mandatory negative effect and state a
prohibition. (1)
May. The word "may" is to be construed as being permissive. (1)
Medium texture shall mean the USDA classification's sandy loam, silt, silt loam, and sandy clay loam. Fine
texture is USDA classification's clay loam, silty clay loam, sandy clay, silty clay, and clay. (19)
Menu board sign see Sign, menu board
Merchant, Transient see Transient merchant
Mineral Extraction see Excavation or mining.
Mining or Excavation see Excavation or mining
Mini-warehouse means a building or group of buildings in a controlled-access, screened and secured fenced
compound that contains varying sizes of individual, compartmentalized, and controlled-access storage spaces of
varying sizes which are leased or rented on an individual basis. (20)
Minor Street means a street of limited continuity which is used primarily for access to abutting properties. (18)
(20)
Mixed municipal solid waste means garbage, refuse, and other solid waste from residential, commercial,
industrial, and community activities which is generated and collected in aggregate, but excluding auto hulks or
large auto parts, street sweepings, ash, construction debris, mining waste, sludges, household hazardous waste,
tree and agricultural wastes, tires, lead acid batteries,~.o~,'o=a viJ,~':~ motor and vehicle fluids and filters, yard waste,
and other materials collected, processed, and disposed of as separate waste streams. (16)
Mobil home see Dwelling, manufactured.
Model home means a builder's home which remains open for a period of time designed to display the
product. The home may also be used as a sales or real estate office for the development in which it is
located.
23
Monitoring Devise, Water see Water monitoring device
Month. The word "month" means a calendar month. (1)
Mooring area means an area located upon any body of public water used for the mooring of watercraft. Docks
are not considered mooring areas. (20)
Mooring means any buoy, post, boatlift, structure or device at which a watercraft may be moored which is
surrounded by public waters. (6)
Motel means a commercial establishment providing transient accommodations to the general public containing
rooms having direct access to the outside without the necessity of passing through the main lobby of the
building. (20)
Motion Sign see Sign, motion
Motor freight terminal means a building or area in which trucks, including tractor or trailer units, are parked,
stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for
the temporary storage of loads prior to transshipment. (20)
Motor fuel and service station means a retail place of business engaged in the sale of motor vehicle fuels and
services, but may also engage in supplying a limited amount of related goods. In no case shall the space for the
retailing of related goods exceed four hundred (400) square feet. All services are to be performed within
enclosed service bays. (20)
Motorboat means any watercraft propelled in any respect by machinery, including watercraft temporarily
equipped with detachable motors. (6)
Multifamily Dwelling see Dwelling, tnultifamily
Multi-user tower see Tower, multi-user
Municipality means the city. Also see City. (9)
Must. The word "must" is to be construed as being mandatory. (1)
Nameplate sign see Sign, nameplate
Native Vegetation see Vegetation, native
Natural features means any slope (12 percent slope or greater), forested areas, lakes, streams and wetlands,
areas of unique vegetative cover, scenic views, natural habitat areas, or historic archeological areas, buildings or
features. (20)
Natural habitat area means an area that is characterized by being primarily in a natural state, with only minor
evidence of disturbance from modem human activity. Natural habitat areas may include forests, wetlands, or
endangered or threatened species habitat. (20)
Natural Wetlands see Wetlands, natural
Neck Lot see Lot, flag~neck
24
Neighborhood Commercial means a use which involves convenience grocery stores, or those uses that
meet the daily needs of the residents. Buildings may be multi tenant and shall not exceed a maximum of
20,000 square feet of building area. The districts should reflect the character of the neighborhood
through design.
Net Density see Density, net
Noise, Abnormal or excessive see Abnormal or excessive noise
Nonconforming lot. A lot that does not comply with the requirements of this chapter but which did comply
with applicable ordinance requirements at the time the lot was created. (20)
Nonconforming structnre. Any building or structure that does not comply with the requirements of this cha£ter
but which did comply with applicable ordinance requirements at the time it was constructed or put in place. (20)
Nonconforming use. A use of land that does not comply with the requirements of this chapter but which did
comply with applicable ordinance requirements at the time the use was established. (20)
Nontechnical and technical words. Words and phrases shall be construed according to the common and
approved usage of the language; however, technical words and phrases and such others as may have acquired a
peculiar and appropriate meaning in law shall be construed and understood according to such meaning. (1)
Nortnal business hours means those hours (8 a.m.--5 p.m. Monday--Friday) during which most similar
businesses in the city are open to serve customers. In all cases, "normal business hours" must include some
evening hours at least one night per week and/or some weekend hours. (7.5)
Normal domestic strength waste means water carried domestic waste, exclusive of footing and roof drainage.
Domestic waste includes, but is not limited to liquid waste produce by bathing, laundry, culinary operations and
liquid waste from toilets and floor drain. Domestic waste contains approximately two hundred seventy (270)
mf/1 BOD5 and approximately three hundred (300) mg/1 suspended solids, consistent with that emanating from
a typical household. (19)
Normal operating conditions means those service conditions which are within the control of the grantee. Those
conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the grantee include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or
upgrade of the system. (7.5)
NPDES permit means the system for issuing, conditioning and denying permits for the discharge of pollutants
form point sources into the navigable waters, the contiguous zone, and the oceans by the Environmental
Protection Agency and pursuant to the Federal water Pollution Control Act of 1972, Sections 402 and 405. (19)
Nude model studio means any place where a person who appears in a state of nudity or displays "specified
anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons who pay money or any form of consideration. (10)
Nudity or state of nudity means: (1) The appearance of a human bare buttock, anus, male genitals, female
genitals, or female breast; or (2) A state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals, or areola of the female breast. (10)
25
Nuisance means a thing, act or use of property that: (1) Annoys, injures or endangers the health, safety, comfort
or repose of the public; (2) Offends public decency; (3) Unlawfully interference with the use of or obstructs, or
tends to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square,
sidewalk, street, alley or highway; (4) Depreciates the value of the property of the inhabitants of the city; (5) In
any manner renders the inhabitants of the city insecure in life or in use of property. (13)
Number. A word importing the singular number only may extend and be applied to several persons and things
as well as to one (1) person or thing. A word importing the plural number only may extend and be applied
to one person or thing as well as several persons or things. (1)
Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on the site or
imported to the site, as well as accessory items directly related to their care and maintenance. Accessory items
may include fertilizer, potting soil, garden tools, seed, pesticides, pots, and other gardening supplies. The retail
sale of hardware, paint pet supplies, power equipment, and farm implements shall be prohibited. "Nursery" may
include greenhouses. (20)
Nursing home means an extended or intermediate care facility licensed by the state to provide full-time
convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are
unable to care for themselves. (20)
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases the words "swear and sworn" shall be equivalent to the words
"affirm" and "affirmed. (1)
Obstacle, Water see Water obstacle
Occupancy. The purpose for which a building or portion thereof is utilized or occupied. (7)
Occupant. Any individual living or sleeping in a building, or having possession of a space within a building. (7)
Odor generator, non-significant means an industry or other source which has not been designated as a
significant odor generator as defined in this section. (20)
Odor generator, significant means an industry, facility or other source which has been identified by the
environmental health officer as the cause of three odor alerts in a 90-day period inclusive of industries,
facilities or sources previously found to be in compliance which, through changes in processes,
technologies, growth, or from other causes, has begun to generate odors which result in three odor alerts
in a 90-day period. (20)
Odor means that which produces a response of the human sense of smell to an odorous substance. (20)
Odor pollution means an odor emitted to the atmosphere by an industry or other source which is
determined by the enforcement official to be the cause of an odor alert. (20)
Office means professional and business office, nonretail activity. Used for conducting the affairs of a business
profession, service, industry or government. (20)
Officer, Properly designated see Properly designated officer
Officials, officers, departments, employees, boards, commissions, etc. Whenever reference is made to officials,
employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "city manager,"
"clerk," "chief of police," etc., they shall be deemed to refer to the officials, officers, departments, employees,
boards, commissions or other agencies of this city. (1)
26
Off-premises sign see Sign, off-premises
On-Premises sign see Sign, on-premises
Open porch means a roofed open area, attached to or part of, and with direct access to or from a building. An
open porch may be surrounded by a railing but must not be enclosed with screen, mesh, glass, or similar
material. (20)
Open space, Parks see Parks/open space
Openable Area. That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors. (7)
Operate means to navigate or otherwise use a watercraft. (6)
Operating Conditions, Normal see Normal operating conditions
Operating manager. The term "operating manager" as used in this article means a person designated by the
license holder who works full-time at the licensed premises and is in charge of day-to-day liquor sales. (10)
Operation and maintenance means activities required to provide for the dependable and economical
functioning of the treatment system, throughout the useful life of the treatment works, and at the level of
performance for which the treatment works were constructed. Operation and maintenance includes
replacement. (19)
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for
occupancy. (7)
Ordinance or city ordinance. The unqualified use of the term "ordinance" or "city ordinance" shall be
construed to be followed by the phrase "of the City of Chanhassen, Minnesota. (1)
Ordinary high water mark for lakes and wetlands the highest water level that has been maintained for a
sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer
pool. (6) (20)
Organized race means a race sponsored and conducted by the park and recreation commission, the chamber of
commerce, Jaycees, American Legion or similar council-recognized civic groups or associations. (12)
Outdoor sales, temporary see Temporary outdoor sales
Outdoor storage means the storage of any goods, junk equipment, fuel, materials, merchandise, supplies or
motor vehicles not fully enclosed in a building for more than a twenty-four-hour (24) period. (20)
Outlot means a platted lot to be developed for a use which will not involve a building or which is reserved for
future replatting before development. (20)
Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. (7)
Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. (6) (20)
27
Owner in the case of a watercraft means a person, other than a lienholder having the property in or title to a
watercraft; the term includes a person entitled to the use or possession of such craft, subject to an interest in
another person, reserved or created by agreement and securing payment or performance of any obligation.
"Owner" in the case of a lakeshore site means any natural person who is either the record owner of a fee simple
interest, or the record owner of a contract for deed vendee's interest, or the holder of a possessory leasehold
interest, in the whole of any lakeshore site, including authorized guests, and immediate family member of such
person. (6)
Owner means any person who owns, harbors or keeps or has custody of a dog or cat, or the parents or guardians
of a person under eighteen (18) years of age who owns, harbors, keeps or has custody of a dog or cat. (5)
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or
recorded in the official records of the state, county or municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by a court.(7)
Owner. The word "owner" shall, when applied to a building or land, include any part owner, joint owner, tenant
in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building
or land.
Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other
similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-fourth
(1/4) of an inch in width. (13)
Parent or guardian means the natural or adoptive parent of a person, the legal guardian of such person, or any
other person over eighteen (18) years of age who has been selected by the natural or adoptive parent or legal
guardian to supervise the person under sixteen (16) years of age while the person has in his/her possession or
under his/her control any firearm. (1 I)
Park, Private means a tract of land presently owned or controlled and used by private or semi-public
persons, entities, groups, etc. for active and/or passive recreational purposes.
Parking lot means an approved off-street, ground level area, usually surfaced and improved, designed
and intended for vehicular access to and from a parking area and for parking of motor vehicles. (20)
Parking Ramp means a building, garage, or structure or part thereof in which a structural level other
than a slab on grad is used for parking, storage or maintenance of motor vehicles. (20)
Parks/open space shall mean parks, parkways, ice skating rink, playgrounds, public accesses, recreation fields,
recreation buildings, beaches and water surrounded by parks, including but not limited to waters adjacent to
beaches, which are delineated as swimming areas by the placement of marker buoys. (14)
Peddler means any person, firm, corporation, or other business organization who that goes from dwelling to
dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares,
merchandise, or services and offering or exposing the same for sale. (10)
Pedestrian ways. See Sidewalk (18) (20)
Permanent dock means any dock other than a seasonal dock. (6)
Permission, written see Written permission
Permittee means any person to whom a permit issued.
28
Person Thc word "person" means any human being and may extend and be al)plied to bodies politic and
corporate, and to partnerships and other unincorporated associations.(l) (19) (16) (10) (7) (7.5)(13)
Person, Underage see Underage person
Personal service means an establishment or place of business primarily engaged in providing individual
services generally related to personal needs, such as a tailor shop. (20)
Petting farm means any activity whereby Shetland ponies, miniature donkeys (equus asinus), miniature horses
(equus caballus), potbellied pigs, feeder pigs (young swine), sheep (ovis), pygmy goats (capra), milking goat,
rabbits (leporidae), chinchillas (chinchilla laniger), red foxes (vulpes), hedgehogs (earinaceus europaeus),
young cows (bos), geese (anser), ducks (anatinae), chickens (gallus gallus), exotic white peafowl (pavo), red
golden pheasants (chrysolophus pictus), and prairie dogs (cynomys ludovicianus) are exhibited, regardless of
compensation. (20)
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (19)
Photometrics means the quantitative measurement of light level and distribution. (20)
Pickup, special see Special pickup
Platting authority means the city council. (20)
Pole sign see Sign, freestanding~pole~pylon
Police agency means the Carver County sheriff's department or such other law enforcement agency designated
by the city council to provide regular public safety services to the city. (2)
Pollution, Odor see Odor pollution
Pool, Swimming see Swimming Pool
Porch, open see Open porch
Portable sign see sign, portable
Power substation means a facility comprising of transmission towers, transformers, power equipment, and
structures necessary to house such equipment. (20)
Premises means a lot, parcel, plot, tract or plat of land, easement of public way together with the building and
structures thereon. (7) (20)
Premises, Licensed see Licensed premises
Primary zone means the buffer zone that directly impacts Bluff Creek and/or its tributaries. The primary zone,
which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is intended to
be preserved as permanent open space. (20)
Principal Building see Building, principal
Principal structure. The main building as distinguished fi'om an accessory building or structure. (20)
Pristine Wetlands see Wetlands, pristine
29
Private Kennel see Kennel, private
Private Park see Park, Private
Private sale or event sign see Sign, private sale or event
Private stables see Stables, private
Private street see Street, private
Processing means the crushing, washing, compounding or treating of rock, sand, gravel, clay, silt or other like
material. (20)
Projecting sign see sign, projecting
Properly designated officer. The term "properly designated officer" means and includes; (I) The city fire
inspector; (2) The city building official; and(3) The health inspectors employed by Carver or Hennepin
county or the state acting in the course of the scope of their employment.
Property The word "property" includes real, personal and mixed property. (1) (10)
Property, Exterior see Exterior property
Property, Public see Public Property
Property, Semipublic see Semipublic property
Public educational or government access facilities or PEG access facilities means: (1) Channel capacity
designated for public, educational or governmental use; and (2) Facilities and equipment for the use of such
channel capacity. (7.5)
Public land means land owned and/or operated by a governmental unit. (20)
Public Property shall mean any public street, highway, school ground, playground, or other publicly owned
property within the city except parks and lakes. (11)
Public safety communications center means the central facility used to receive emergency requests for public
safety services and general information from the public to be dispatched to public safety personnel. (3)
Public Safety Personnel means all personnel employed by any law enforcement agency, and any fire-fighting
personnel and any ambulance personnel. (3)
Public sewer see Sewer, public
Public utility means persons, corporations, or governments supplying gas, electric, transportation, water, sewer,
or land line telephone service to the general public. For the purpose of this chapter, personal wireless services
shall not be considered public utility uses, and are defined separately. (20)
Public waters means and shall be limited to the following waters of the state: (1) All water basins assigned a
shoreland management classification by the commissioner of natural resources; (2) All waters of the state which
have been finally determined to be public waters or navigable waters by a court of competent jurisdiction;
(3) All meandered lakes, except for those which have been legally drained; (4) All water basins previously
designated by the commissioner of natural resources for management for a specific purpose such as trout lakes
30
and game lakes pursuant to applicable law. (5) All water basins designated as scientific and natural areas; (6)
All water basins located within and totally surrounded by publicly owned lands; (7) All water basins where
the state or the federal government holds title to any of the beds or shores, unless the owner declared that the
water is not necessary for the purposes of the public ownership; (8) All water basins where there is publicly
owned and controlled access which is intended to provide for public access to the water basins; and (9) All
natural and altered natural watercourses with a total drainage area greater than two (2) square miles, except that
trout streams officially designated by the commissioner of natural resources shall be public waters regardless of
the size of their drainage area. The public character of water shall not be determined exclusively by the
proprietorship of the underlying, or surrounding land or by whether it is a body or stream of water which was
navigable in fact or susceptible of being used as a highway for commerce at the time this state was admitted to
the union. (20)
Public works director. References to the city engineer, director of public works or public works director
are to the director of public works/city engineer.
Pylon sign see Sign, freestanding~pole~pylon
Ramp, Parking see Parking Ramp
Real Estate Office, Temporary see Temporary Real Estate Office
Real estate sign see Sign, real estate
Realproperty. The words "real property" includes lands, tenements and hereditaments. (1)
Rear Lot Line see Lot line, rear
Rear Yard see Yard, Rear
Recreational beach lot means land abutting public water which serves as a neighborhood recreational facility
for the subdivision of which is a part. (20)
Recreational vehicle means a vehicle or vehicular unit which can be driven, towed or hauled, and which is
primarily designed as a temporary living accommodation for recreational camping and travel use. Recreational
vehicles include travel trailers, camping trailers, truck campers, and self-propelled motor homes. (20)
Reeyclables means materials which can be separated from the mixed municipal solid waste stream for
collection and preparation for reuse in their original form, or for other uses in manufacturing processes that do
not cause the destruction of the recyclable materials in a manner that precludes further use. (16)
Refuse and garbage collector means any person holding a valid license from the village for the purpose of
collecting refuse and garbage. (16)
Refuse means putrescible and nonputrescible solid wastes of all kinds, combustible and noncombustible,
resulting from the operation of a household, including but not limited to, garbage or any other discarded or
unusable materials. "Refuse" does not include: 1) Construction materials resulting from the construction or
reconstruction of buildings or other improvements by contractors; or (2) Trees in excess of six (6) inches in
diameter. (3) Yard waste. (4) Recyclables.(Chapter 16)
Rehabilitation means to renew the land to a self-sustaining, long-term use which is compatible with contiguous
land uses in accordance with the standards set forth in this chapter. (20)
31
Repair shall mean the act or process of restoring or replacing a defective element of an individual sewage
treatment system to approximately its original function without altering its original location, capacity, or
operating characteristics. Only repairs or replacement performed downstream of the inlet of the distribution
device or replacement of the septic tank, pump tank, or dosing chamber shall be considered repairs requiring a
permit under this article. (19)
Replacement means the obtaining and installing of equipment, accessories or appurtenances which are
necessary during the useful life of the wastewater treatment facilities to maintain the capacity and performance
for which such facilities were designed and constructed. The term operation and maintenance includes
replacement. (19)
Residential development shall mean ten (10) or more places of habitation concentrated within ten acres of land.
Thc term also includes schools, churches, hospitals, nursing homes, businesses, offices, and apartment buildings
or complexes having ten or more units. (19)
Residential district means that area of the city zoned as RR, RSF, R-4, R-8, R-12, o~ R-16, or PUD-R by the
City Code. (10)
Residential dwelling see Dwelling, Residential (16)
Restaurant, fast food means an establishment whose principal business is the sale of food and/or beverages in a
ready-to-consume state for consumption: (1) Within restaurant building; (2) Within a motor vehicle parked on
the premises; or (3) Off the premises as carry-out orders; and whose principal method of operation includes the
following characteristics: (a) Food and/or beverages are usually packaged prior to sale and are served in edible
containers or in paper, plastic, or other disposable containers; (b) The customer is not served food at his table
by an employee, but receives it at a counter window, or similar facility and carries it to another location on or
off the premises for consumption. (20)
Restaurant, standard means an establishment whose principal business is the sale of food and/or beverages,
including alcohol, to customers in a ready-to-consume state, and whose principal method of operation includes
one (1) or both of the following characteristics: (1) Customers, normally provided with an individual menu, are
served their food and beverages by a restaurant employee at the same table or counter at which food and
beverages are consumed; (2) A cafeteria-type operation where food and beverages generally are consumed
within the restaurant building. (20)
Restoration: To renew land to self-sustaining long-term use which is compatible with contiguous land uses,
present and future, in accordance with the standards set forth in this article. (7)
Restraint, Under see Under restraint
Retail sales means establishments engaged in selling goods or merchandise to the general public for personal or
household consumption and rendering services incidental to the sale of such goods. (20)
Revenues, Gross see Gross revenues
Right-of-way means a strip of land intended to be occupied by a roadway, sidewalk, trail, and/or other utilities
or facilities. A right-of-way includes the land between the right-of-way lines, whether improved or unimproved.
"Right-of-way" includes, arterial, collector, and local streets. (1) (7.5) (12) (18) (20)
Riparian Lot see Lot, riparian
Roadside stand means a stand located adjacent to public right-of-way for the sale of agricultural produce. (20)
32
Roadway means that portion of the right-of-way improved, designed or ordinarily used for vehicular travel,
including the shoulder. (12) (18) (20)
Rodent. Any animals or insects commonly seeking to make their home within the interior of a permanent
structure, including birds, bats, bees, wasps, moths, squirrels, mice and rats. (7)
Roof sign see Sign, roof
Roof sign, integral see Sign, integral roof
Roof, standing seam see Standing seam roof
Rooming House. A building arranged or occupied for lodging, with or without meals, for compensation and not
occupied as a one or two-family dwelling. (7)
Rooming Unit. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes. (7)
Root Zone, Critical see Critical root zone
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue
from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and
dust and other similar materials. (7)
Safety or deadman throttle means a device which, when pressure is removed from the engine accelerator or
throttle, causes the motor to be disengaged from the driving track. (12)
Sales, Small Vehicle see Small Vehicle Sales
Sanitary sewer see Sewer, Sanitary
Satellite dish height means the height of the antenna or dish measured vertically from the highest point of the
antenna or dish when positioned for operation, to ground level.
Satellite dish means a combination of: (1) Antenna or dish antenna whose purpose is to receive communication
or other signals from orbiting satellites and other extraterrestrial sources; (2) A low-noise amplifier (LNA)
which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer
signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior of the building. (20)
Saturated soil shall mean the highest elevation in the soil where periodically depleted oxygen levels occur
because of soil voids being filled with water. Saturated soil is evidence by the presence of soil mottling or other
information. (19)
School, Vocational see Vocational school
Seasonal dock means any dock designed and constructed so that it may be removed from a lake on a seasonal
basis; all components such as supports, legs, decking and footing must be capable of removal by
nonmechanized agents. (6)
Secondary zone means the buffer zone that contains habitat areas that are valuable to the delicate balance of the
Bluff Creek ecosystem. The secondary zone, which is generally delineated in the Bluff Creek Watershed
33
Natural Resources Management Plan, is subject to development limitations (bluffs, step slopes, wetlands etc.) in
order to minimize the impact of new development on the Primary Zone. (20)
Section means any section, subsection or provision of this division. (7.5)
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae
of the female breast, as well as portions of the body covered by supporting straps or devices. (10)
Semipublic property shall mean any parking lot operated incident to any commercial use of land, any auto
service station, or any parochial or private school ground for which no special on-sale nonintoxicationg malt
liquor permit has been issued by the city. (11)
Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside thc regular constituency of the organization. (20)
Senior Citizen Housing means housing designed and intended to be occupied principally by persons 55 or
older.
Separated Materials, Source- see Source-Separated Materials
Septage shall mean solids and liquids removed during periodic maintenance of an individual sewage treatment
system, or solids and liquids which are removed from toilet waste treatment devices or a holding tank. (19)
Septic System see Individual sewage treatment system (ISTS)
Service area or franchise area means the entire geographic area within the city as it is now constituted or may
in the future be constituted, unless otherwise specified in the franchise agreement. (7.5)
Service center, Auto see Auto service center.
Service interruption means the loss of picture or sound on one or more cable channels. (7.5)
Setback Line, Building see Building Setback Line
Setback means the minimum horizontal distance between a structure and the nearest property line or right-of-
way; and, within shoreland areas, setback also means the minimum horizontal distance between a structure or
sanitary facility and the ordinary high water mark. (19) (20)
Setback zone, Dock see Dock setback zone
Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type
sewage treatment system as described and regulated in Chapter 19, Article IV of the City Code. (20)
Sewage treatment works means any arrangement of devices and structures used for treating sewage. (19)
Sewer means a pipe or conduit for carrying sewage. (19)
Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction,
devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal. (20)
34
Sewer System, Community means an alternative type sanitary sewer system which utilizes one (1) septic
tank per each dwelling unit or commercial unit, and small diameter sewer pipe to convey septic tank
effluent to a central location for treatment through soil absorption. (19)
Sewer, Building means the extension from the building drain to the public sewer. (19)
Sewer, Combined means a sewer receiving both surface runoff and sewage. (19)
Sewer, public means a sewer in which all owners of abutting properties have equal rights or is controlled
by public authority or both. Where an individual septic tank is part of the system, that septic tank and
the pipe leading out of the tank shall be considered part of the public sewer. (19)
Sewer, Sanitary means a sewer which carries sewage and to which storm, surface and ground waters are
not intentionally admitted. (19)
Sexual activities, Specified see Specified sexual activities
Sexual encounter center means a business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling
between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the
same sex when one (1) or more of the persons is in a state of nudity or semi-nude. (10)
Sexually oriented business, Substantial enlargement of a see Substantial enlargetnent of a sexually
oriented business
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult
massage parlor, adult motel, adult motion picture theater, adult store, adult theater, escort agency, nude model
studio, or sexual encounter center.
sexually oriented business, Transfer of ownership or control of a see Transfer of ownership or control of a
sexually oriented business
Shall. The word "shall" is to be construed as being mandatory. (1) (10)
Sheriff means the Carver County sheriff or his designee. (3)(6)
Shielded light fixture means a light fixture with cutoff optics that allows no direct light emissions above a
vertical cutoff angle of ninety (90) degrees. (20)
Shooting means the firing or discharge of any firearm. (11)
Shopping center means an integrated group of commercial establishments planned, developed, and managed as
a unit, with off-street parking facilities provided on-site. (20)
Shore impact zone means land located between the ordinary high water level of a public water and a line
parallel to it at a setback of fifty (50) percent of the structure setback. (20)
Shoreland means land located within the following distances from public waters: one thousand (1,000) feet
from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or
stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is
greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic
divides which extend landward from the waters for lesser distances and when approved by the commissioner.
(20)
35
Shrub means a woody plant that remains Iow and produces several erect, spreading, or prostrate stems from the
base, and is not usually tree-like or single-stemmed. (20)
Side Lot Line see Lot line, side
Side of Bluff see Bluff, side of
Side Yard see Yard, side
Sidewalk. The word "sidewalk" means a pedestrian way, public or private, designed or intended for the
principal use of pedestrians. "Sidewalk" also includes that portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (1) (18)
(20)
Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a
window or door, which is used to advertise, announce, identify, display, direct or attract attention to an object,
person, institution, organization, business, commodity, product, service, event or location, by means, including
words, letters, figures, design, symbols, fixtm'es, pictures, illumination or projected images. (20)
Sign, advertising means any sign which directs attention to a business, commodity, service, activity or
entertainment not conducted, sold or offered upon the premises where such a sign is located. (20)
Sign, awning means a temporary hood or cover that projects
from the wall of a building, and which can be retracted, folded
or collapsed against the face of the supporting building.
Awning may extend in any required yard setback a maximum
of five (5) feet. (2.6 feet in the supplementary regulations) (20)
Sign, banner means a sign which is made out of a paper, cloth
or plastic-like consistency, affixed to a building, vehicle, poles,
or other supporting structures by all four (4) comers. (20)
Awning Sign
Sign, bulletin board means a sign which identifies an institution or organization on the premises of
which it is located and which contains the name of the institution or organization, the names of
individuals connected with it, and general announcements, of events or
activities occurring at the institution or similar messages. (20)
Sign, business directory means a sign which identifies the names of
specific businesses located in a shopping center, medical center and
professional office and which is located on the premises of the
shopping center so identified. (20)
Business DirectorySign
Sign, campaign means a temporary sign announcing,
promoting, or supporting political candidates or issues in
connection with any national, state, or local election. (20)
Sign, canopy means any sign that is affixed to a projection
or extension of a building or structure of a building, erected
in such a manner as to provide a shelter or cover over the
approach to any entrance of a store, building or place of
assembly. Plastic or structural protective cover over a door
entrance, window, or outdoor service area. (20)
Canopy Sign
36
Sign, changeable copy means a sign or portion thereof with characters, letters, or illustrations that can be
changed or rearranged without altering the face or the surface of the sign. (20)
Sign, construction means a temporary sign erected on the premises on which
construction is taking place, during the period of such construction, indicating the names
of the architects, engineers, landscape architects, contractors or similar artisans, and the
owners, financial supporters, sponsors, and similar individuals or firms having a role or
interest with respect to the situation or project. (20)
Sign, development identification means a permanent ground low profilc sign which
identifies a specific residential, industrial, commercial or office development and which
is located on the premises of the development which it identifies. (20)
EXIT
I I
Dircctional Sign
Sign, directional means a sign erected on private property for the purpose of
directing pedestrian or vehicular traffic onto or about the property upon which such
sign is located, including signs marking entrances and exits, circulation direction,
parking areas, and pickup and delivery areas. (20)
Sign, display area means the area within a single continuous perimeter enclosing the
extreme limits or the actual sign message surface, including any structural elements
outside the limits of each sign forming an integral part of the sign. The stipulated
maximum sign display area for a sign refers to a single facing. (20)
Sign, festiveflag/banner means a flag or banner constructed of cloth, canvas or
light fabric, that is hung from a light pole. The flag/banner shall contain no
advertising except for cultural events, special holidays/seasons, etc. (20)
Sign, flag means any fabric banner used as a symbol of a government, political,
subdivision or other identity. Corporation flags shall not exceed twelve (12) square
feet and may be flown in tandem with the state or national flag. The size of the
state or national flag shall not exceed one hundred (100) square feet. (20)
Sign, flashing means any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means whatsoever. (20)
Sign Display Area
Festive Flag/Banner S~gn
Sign, freestanding~pole~pylon means any nonmovable sign not affixed to a building but erected upon a pole,
post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more above the
ground elevation. (20)
Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental
functions, or required by law, ordinance or other governmental regulation. (20)
Sign, ground lowprofile business means a business sign affixed directly to the ground, which directs attention
to a business, commodity, service, or product offered on the premises. (20)
Sign, holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and
customarily and commonly associated with any national, local or religious holiday. (20)
Sign, home occupation means a sign containing only the name and occupation of a permitted home occupation
not to exceed two (2) square feet. This is also a nameplate sign. (20)
37
Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or
directed towards the sign. (20)
Sign, informational means a sign containing descriptions of major points of interest, government institutions or
other public services such as hospitals, sports facilities, etc. (20)
Sign, institutional means a sign which identifies the name and other characteristics of a public or private
institution of the site where the sign is located. (20)
Sign, integral means a sign constructed as to bc an integral portion of the building of xvhich it forms a part. (20)
Sign, integral roof means any sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of the roof
and such that no part of the sign is separated from the rest of the roof by a
space of more than six (6) inches. (20)
Sign, marquee means a sign which is mounted, painted on, or attached to
any projection or extension of a building that is designated in such a
Integral Roof Sign
manner as to provide shelter or cover over the approach to any entrance of the building. (20)
Sign, menu board means a sign located adjacent to the drive-through lane that is used to advertise the product
available at a fast food restaurant. (20)
Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of
which gives the visual impression of such movement or rotation. (20)
Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of
the building or premises. (20)
Sign, nonconforming means a sign that does not conform to the requirements of this chapter. (20)
Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services
not related to the premises on which it is located. (20)
Sign, on-premises means a sign which directs attention to a business, commodity, product, use, service or other
activity which is sold, offered or conducted on the premises upon which the sign is located. (20)
Sign, portable means a sign designed so as to be movable from one (1) location to another, and that is not
permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be
transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs
attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in
the normal day-to-day operations. (20)
Sign, private sale or event means a temporary sign advertising private sales or personal property such as a
house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art
fair, or craft show. (20)
Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects
more than twelve (12) inches from such building. (20)
Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on
which the sign is located. (20)
38
Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building
for support and which projects above the roof line of a building with a fiat roof, the eave line of a building with
a gambrel, gable or hip roof or the deck line of a building with a mansard roof. (20)
Sign, temporary means a sign designed or intended to be displayed for a short period of time. This includes
items such as banners, pennants, flags, beacons, sandwiches, or balloons or other air or gas filled figures. (20)
Sign, wall means a sign attached to or erected against the wall of a
building or structure with the exposed face of the sign in a plane
approximately parallel to the face of tiao wail, and which docs llot
project more than twelve (12) inches fi'om such building or structure.
Wall signs shall not include product advertising. Wall signs shall
include tenant identification, tenant logo, center uame, or any
combination of the three. (20)
Sign, window means sign, pictures, symbols, or combination thereof,
designed to communicate information about an activity, business,
commodity, event, sale or service, that is placed inside a window or
upon the window panes or glass and is visible from the exterior of the
window. (20)
Roof, Wall, Window & Prqjecting Signs
Signature, subscription. A signature or subscription includes a mark when the person cannot write, provided
that the person's name is written near such mark and is witnessed by a person who writes his own name as
witness. (1)
Significant historic site means any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section
307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet
the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota
Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. (20)
Significant tree means any healthy tree species measuring twelve (12) inches or more DBH; or any health
coniferous tree measuring twelve (12) feet in height or more. (20)
Single Family Dwelling see Dwelling, single-family
Single-user Tower see Tower, single-user
Site distance triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one-
half (~/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement.
Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site
distance triangle thirty (30) feet from the point of intersection of the property line. (20)
Site furnishings means any structure, other than buildings, visible from any public way, and any street
hardware located in streets and public ways and outside of buildings. Site furnishings include, but are not
limited to, signs, decorative paving treatments, fences, walls, railings, artwork, transformers, utility access
boxes, lighting standards and arrays, and other visible site appurtenances. (20)
Slope, steep see Steep slope
39
Slow--No wake means operation of a watercraft at the slowest possible speed necessary to maintain steerage
and in no case greater than five (5) miles per hour. (6)
Small Vehicle Sales means any motor vehicle having an engine cubic centimeter displacement of less than
1,O00cc, including but not limited to, riding lawn mowers, farm equipment, motor cycles, mini-bikes, all-
terrain vehicles, and snowmobiles.
Snowmobile means a self-propelled vehicle which is designed for travel on snow or ice steered by skis or
runners. (14)
Soil textural classification shall mean the soil particle size or textural classification as specified in the Soil
Survey Manual, Handbook No. 18, United States Department of Agriculture (USDA) 1993, incorporatcd by
rcfcrencc. (19)
Soil, saturated see Saturated soil
Soil, Suspended see Suspended soil
Solicitor means any person, firm, corporation, or other business organization who goes from dwelling to
dwelling, business to business, place to place, or from street to street, soliciting donations other than political
campaigns, or taking or attempting to take orders for any goods, wares, or merchandise, including books,
periodicals, magazines, or personal property of any nature whatever for future delivery. (10)
Solid Waste, Mixed Municipal see Mixed municipal solid waste
Source-Separated Materials means those elements of a waste stream which are separated by the generator
for reuse in their original form or for use in manufacturing processes. (10)
Specialpickup means any collection of materials other than garbage, refuse, recyclables or yard waste,
including white goods (e.g., large appliances), furniture, oversized materials, construction debris, and other
materials collected, processed, and disposed of as separate waste streams. (16)
Special trees mean any large broadleaf trees at least thirty (30) inches DBH, any large conifer trees at least
twenty (20) inches DBH, any medium broadleaf trees at least twenty (20) inches DBH, any small broadleaf
trees at least twelve (12) inches DBH, rare or unusual tree species, or trees of exceptional quality. (20)
Specified anatomical areas means human genitals in a state of sexual arousal. (10)
Specified sexual activities means and includes any of the following: (1) The fondling or other erotic touching of
human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or
simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
(10)
Stables, commercial means any place where a person accepts horses, colts, ponies, mules, burros, or
llamas from the general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming. (5) (20)
Stables, private means any place where a horse, colt, pony, mule, burro, or llama is kept or harbored,
such animal being owned by the owner or lessee of the premises wherein or whereupon the animal is kept
or harbored.
Standard restaurant see Restaurant, standard
4O
Standing seam roof is a deck roof consisting of flat metal joined by vertical or overlapping seams. (20)
State disposal system (SDS)pertnit means any permit including any terms, conditions and requirements thereof
issued by the MPCA pursuant to Minnesota Statutes section 115.07 for a disposal system as defined by
Minnesota Statues section 115.01, subdivision 8 5. (19)
State. The words "the state" or "this state" shall mean the State of Minnesota. (i) (7.5)
Statutes. References to "statutes" or to "M.S." are to the Minnesota Statutes unless otherwise specified. (1)
Steep slope means land xvhere agricultural activity or development is either not recommended or described as
poorly suited due to slope steepness and thc site's soil characteristics, as mapped and described in available
county soil surveys or other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this chapter. Where specific information is not
available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal
distances of fifty (50) feet or more, that are not bluffs. (20)
Sterilized means neutered in the case of male dogs or cats, or spayed in the case of female dogs or cats
Storage building means any structure used for the storage of materials and accessories used and normally
associated with the principal use of the property. (20)
Store, Convenience see Convenience store
Storm sewer connection means the installation of a hookup or connection from the municipal storm sewer line I
a street or easement to the structure to be served thereby or to any inlet or catch basin on the property drained by
the storm sewer. (19)
Storm sewer or storm drain means a sewer which carries storm and surface waters and drainage, but excluding
sewage and polluted industrial wastes. (19)
Story means that portion of a building included between the
surface of any floor and the surface of the floor next above it.
Or if there is not floor above it, then the space between the floor
and the ceiling next above it and including a basement used for
the principal use. If the height (H) of the basement is more than
twelve (12) feet at any point, or if the height (H) is more than
six (6) feet for ore than fifty (50) percent of the perimeter of the
building then it is considered a story. This definition refers to
nonresidential properties only. (20)
Story
Street frontage means that portion of a parcel of land
abutting one (1) or more public streets. (20)
Street means a public right-of way or a private right-of-way
occupied by a roadway. (1) (7.5) (12) (18) (20)
Street width means the shortest distance between the lines
delineating the right-of-way of a roadway. (20)
Street, arterial means a street or highway with access
restrictions designed to carry large values of traffic
Street
q-I
between various sectors of the city or county and beyond. (18) (20)
Street, collector means a street that carries traffic from minor streets to arterial streets. (18)
Street, local means a street of limited continuity which is used primarily for access to abutting properties.
(18)
Street, Minor see Minor Street
Street, private means a street serving as vehicular access to two (2) or more parcels of land which is not
dedicated to the public but is owned by one (1) or more private parties. (18) (20)
Strip, Baffer see Buffer strip
Structure means anything manufactured, built, constructed, ov erected, or a portion thereof which is normally
attached to or positioned on land, whether temporary or permanent in character, including but not limited to
buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground
equipment, concrete slabs. (7) 20)
Structure Principal see Principal structure
Structure, Accessory see Accessory use or structure
Structure, Conforming see Conforming building or structure
Structure, Nonconforming see Nonconforming structure
Structure, temporary see Temporary structure
Subdivision means the separation of an area, parcel, or tract of land under single ownership into two (2) or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the
creation of streets, or alleys, for residential, commercial, industrial, or other use or any combination thereof,
except those separations: (a) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for
commercial and industrial uses; (b)Creating cemetery lots; (c) Resulting from court orders, or the adjustment of
a lot line by the relocation of a common boundary. (18) (20)
Subscriber means any person who or which lawfully elects to subscribe to, for any purpose, a service provided
by the grantee by means of or in connection with the cable system whether or not a fee is paid for such service.
(7.5)
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the
business by more than twenty-five (25) percent, as the floor area existed on the effective date of this article. (10)
Substation, Electrical see Electrical Substation
Substation, Power see Power substation
Suitable backstop means any natural or manmade barrier of sufficient mass, size or construction to wholly
contain the projectile being discharged. (11)
Surface waters shall mean any water basins or watercourses defined as natural water courses or public waters in
Minnesota Statures Section 105.37, subdivisions 9,10, 11, and 14, respectively. (19)
42
Suspended soil means solids that either float on the surface of or are in suspension in waste and which are
removable by laboratory filtration; the quantity being determined by a test as described in Standard Methods for
the Examination of Water and Wastewater, latest edition. (19)
Swimming area means an area immediately adjacent to the shoreline which is marked in accordance with the
applicable regulations of the state department of natural resources and which is used solely for recreational
swimming. (6)
Swimming Pool means any manmade structure for holding water, intended for swimming by human
beiugs, excluding portable and iuflatable structures.
Swimmiug raft means a small l'loating structm'e designed exclusively for swimming and sunbathing. (6)
System, Alternate see Alternate system (19)
System, Experimental see Experimental system
System, Failing see Failing system
System, Wind energy conversion see Wind energy conversion systetn
Table, Water see Water table
Targeted recyclables means newspaper; clear, brown and green glass containers; tin cans; aluminum
beverage cans; cardboard; plastics; magazines; phonebooks; high grade paper and or other materials that
may be designated by resolution of the city council. (16)
Telecommunication Service, Commercial Wireless see Commercial wireless telecommunication service
Temporary Mobile Tower see Tower, temporary mobile
Temporary Outdoor Display means a temporary outdoor display of merchandise, products, or models for
promotional or sales purposes.
Temporary outdoor sales means and is defined as "sales activities characterized by their short-term or seasonal
nature, require an outdoor location, and by the fact that permanent improvements are not made to the site." (20)
Temporary Real Estate Office means a unit or trailer within a development which may be used as a sales
or real estate office for the development in which it is located.
Temporary sign see Sign, temporary
Temporary structure means a structure without any foundation or footings and which shall be removed when
the designed time period, activity, or use for which temporary structure was erected has ceased. (20)
Temporary Trailer see Trailer, temporary
Tenant, occupant. The words "tenant," and "occupant," applied to a building or land mean any person,
corporation, partnership or group, whether or not the legal owner of record, occupying the whole or a part
of such building or land, whether alone or with others. (1) (7)
Tense. Words used in the past or present tense include the future as well as the past and present. (1)
43
Terminal, Truck see Truck terminal
Toe of the bluff see Bluff, toe of
Toilet Room. A room containing a water closet or urinal but not a bathtub or shower. (7)
Top of the bluff see Bluff, top of
Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of
vegetation. (7)
Tower means any ground-mounted pole, spire, structure, or combination thereof, including supporting lines,
cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological
device, or similar apparatus above grade. (20)
Tower, multi-user means a tower designed for the antennas of more than one (I) commercial wireless
telecommunication service provider or governmental agency. (20)
Tower, single-user means a tower designed for only the antennas of a single user. (20)
Tower, temporary mobile means any mobile tower, pole, or structure located on a trailer, vehicle, or temporary
platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless
services, also commonly referred to as cellular on wheels (COW). (20)
Townhouse Dwelling see Dwelling, townhouse
Townhouse See Dwelling, townhouse
Trade, Wholesale see Wholesale trade
Trades, Home improvement see Home itnprovement trades
Trail means a travel way designed for and used by pedestrians and cyclists using nonmotorized bicycles. (18)
Trailer, Boat see Boat trailer
Trailer, temporary means a trailer or mobile home for construction purposes, the display or sale of real estate,
or major durable goods or as a temporary form of residential dwelling on lot on which a house is being
constructed. (20)
Trailer, travel means a vehicle or movable structure which is designed, intended or used for temporary human
habitation during recreational or vacation activities. The term includes, without limitation, recreational vehicles,
campers, camper trailers and tents, and house travel and tent trailers, but does not include mobile homes. (20)
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business; (2) The transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or
other similar legal device which transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing the ownership or control. (10)
Transient merchant means any person, firm, corporation, or other business organization who engages temporarily
in the business of selling and delivering goods, wares, or merchandise within the city, and who, in furtherance of
such purpose, hires, leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or trailer. (lO)
44
Travel Trailer see Trailer, travel
Tree means a woody plant which at maturity is thirteen (13) to twenty (20) feet or more in height, with a single
trunk, unbranched for at least several feet above the ground, and having a more or less definite crown. (20)
Tree caliper means diameter of a tree measured at six (6) inches above ground. (20)
Tree trunk means the stem portion of a tree from the base to the first branch thereof. (20)
?)'ee, significant see Significant tree
Trees, loss of means that any of the following may have happened: (1) Grade change or land alteration,
whether temporary or permanent, of greater than one (1) foot, measured vertically from the existing
grade, affecting forty (40) percent (as measured on a horizontal plane) or more of a tree's critical root
zone; or (2) Utility construction resulting in the cutting of forty (40) percent or more of the tree's roots
within the critical root zone; or (3) Mechanical injury to the tree trunk causing loss of more than forty
(40) percent of the bark; or (4) Compaction to ninety (90) percent of standard proctor to a depth of six (6)
inches or more of forty (40) percent or more of the surface of the soil within the tree's critical root zone;
or (5)The pruning of a tree which eliminates forty (40) percent or more of the canopy area of a tree; or
(6) The complete removal of a tree. (20)
Trees, special see Special trees
Truck means any vehicle, the gross weight of which exceeds seven thousand (7,000) pounds. (12)
Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading equipment, and the
tike is stored or where trucks load and unload on a regular basis. (20)
Trunk, tree see Tree trunk
Two-family Dwelling see Dwelling, two-family
Under restraint means under control by means of a leash not exceeding six (6) feet in length, or within the
property of the owners premise.
Underage person. The term "underage person" means a person who is under the legal drinking age as provided
by Minnesota Statutes Chapter 340A. (10)
Underway or in use means any watercraft in operation or use when not securely fastened to a dock or other
permanent mooring or at anchor. (6)
Unit means one (1) complete single-family household. (19)
Unit, Housekeeping see Housekeeping Unit
Use, Accessory see Accessory use or structure
Use, Nonconforming see Nonconforming use.
Use, Semipublic see Semipublic Use
Utility services means the erection, construction, alteration, or maintenance, by public utilities or municipal or
other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or
45
distribution systems, communication, including poles, wire, mains, drains, sewers, pipe, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in
connection therewith, that is reasonably necessary for the furnishing of adequate service by such public utilities
or governmental agencies or for the public health or safety or general welfare. This term does not imply
overhead transmission lines in excess of sixty-nine (69) kv. (20)
Utility, Public see Public utility
Utilized Wetland see Wetland, Utilized
Variance means pcrmission to depart fi'om the requirements of this chcq~ter. (20)
Vegetation clearing mcans the complete removal o£ existing vegetative cover in such a manner as to expose tile
soil to air and water erosion. (20)
Vegetation, aative. Native vegetation is the pre-settlement group of plant species native to tile North American
continent which were not introduced as a result of European settlement. (20)
Vehicle means any machine as defined under Minnesota Statures section 168.011 or 169.01 and includes any
bicycle, go-cart, minibike, motorcycle, snowmobile,, trailer, recreational vehicle, all terrain vehicles or self-
propelled instruments which carry or may carry an occupant or occupants upon land or water. "Vehicle"
includes every device in, upon, or by which any person or property is or may be transported or drawn upon a
highway except devices moved exclusively upon stationary rails or tracts. (13) (14)
Vehicle Sales, small see Small Vehicle Sales
Vehicle, Abandoned. See Abandoned vehicle
Vehicle, Recreational see Recreational vehicle
Vehicular use area (V. U.A.) means any open or unenclosed area containing more than one thousand eight
hundred (1,800) square feet of area and/or used by six (6) or more, of any type of vehicle, whether mooring or
at rest, including, but not limited to, parking lots, loading and unloading areas, and sales and service areas.
Driveways are considered to be vehicular use areas whenever they are adjacent to public streets or other
vehicular use elements described previously in this paragraph (and intervening curbs, sidewalks, landscape
strips, etc., do not eliminate adjacency). (20)
Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing
such air from, any space. (7)
Vocational school means establishments primarily engaged in offering specialized vocational courses,
including schools such as banking, commercial art, construction equipment, correspondence schools, nursing
schools, real estate schools, restaurant operation, trade schools, and truck driving schools. (20)
Wall sign see Sign, wall
Warehouse, Mini see Mini-warehouse
Warehousing means the commercial storage of merchandise and personal property. (20)
Waste, Nortnal Domestic Strength see Normal domestic strength waste
Waste, yard see Yard waste
46
Water monitoring device shall mean equipment which measures the amount of liquid which enters the sewage
treatment system. (19)
Water obstacle means any ski jump, slalom course, diving tower or other structure upon the water of any lake.
"Water obstacle" does not include any dock or swimming raft or watercraft. (6)
Water table shall mean the highest elevation I the soil where all the voids are filled with water, as evidence by
the presence of water or soil mottling or other evidence. (19)
Watercraft means any contrivance used or designed for navigation on water other than a duel< boat during the
duck hunting season, a rice boat during thc harvest season, ora seaplane. (6) (12)
Water-oriettted accessory stracture or facility lncans il small, above grouud building or other improvement,
except stairways, fences, docks, and retaining walls, which, because of the relatiouship o1' its use to a surface
water feature, reasonably needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include boathouses, gazebos, screen houses, l'ish houses, pump
houses, and detached decks.
Waters, Public see Public waters
Waters, Surface see Surface waters'
Weapons, Dangerous see Dangerous weapons
Week. The word "week" means seven (7) days. (1)
Weight, Gross see Gross weight
Wetland delineation means a boundary between jurisdictional wetland and nonwetland based on the 1987
Corps of Engineers Wetlands Delineation Manual. Acceptable wetland delineations shall be no more
than three (3) years old, unless accompanied by documentation demonstrating: 1. The delineation has
been reviewed in the past three (3) years by a person trained and experienced in the application of the
1987 Corps of Engineers Wetlands Delineation Manual; and 2. That the delineation is still accurate or
has been revised to reflect existing site conditions.
Wetland delineation report means a report containing a brief site narrative, maps of the site and all
pertinent data sheets that document the establishment of a wetland delineation.
Wetlands means land transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the
following three (3) attributes: (1) Have a predominance of hydric soils;(2) Are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence
of such vegetation. (4) Wetlands does not include types 3, 4, and 5 wetlands, as defined in United States Fish
and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are
two and one-half (21/2) or more acres in size. (19) (20)
Wetlands, ag/urban. Wetlands that have been influenced by agricultural or urban (residential, commercial, or
industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and sedimentation,
and water quality degradation. As a result of these influences there is a loss of plant species diversity,
overcrowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. (20)
47
Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from
surrounding land usage. The vegetative community of these wetlands are characterized by a diversity of plant
species with mixed dominance of species. Other key factors include: presence of natural indicator species, good
wildlife habitat, and being aesthetically pleasing. (20)
Wetlands, pristine. Wetlands that exist in a natural state and have special and unusual qualities worth protecting
at a high level are called pristine. These qualities include: outstanding vegetation community, native species
population, rare or unusual species present, and habitat for rare wildlife species. (20)
Wc, lhtnd, b;tilhed. Utilized water bodies credited fo1' thc specil'ic purpose el' surl'acc xx~tter runof£ rctentic)~
and/or water quality inaprovcmcnts. 'Fhcse xv~tcl' bodies are not to be elassil'iccl as wetlands even il' they take o~
wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water
bodies. (20)
Wltolesale nttrse~'y means an enterprise which conducts the wholesale of plants grown on site as well as
accessory items directly related to their care and maintenance (but not including power equipment such as gas
or engine lawnmowers and farm implements). (20)
Wholesale trade means an establishment or place of business engaged in selling merchandise to retailers; to
industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to such individuals or companies. (20)
Width, Lot see Lot width
Width, street see Street width
Wind energy conversion system or (WECS) means any device that is designed to convert wind power to
another form of energy such as electricity or heat (also referred to by such common names as wind charger,
wind turbine and windmill). (20)
Window sign see Sign, window
Woodland area, designated see Designated woodland area
Woodlands shall mean any groupings of significant trees with a canopy coverage of one (1) acre or more, any
groupings of ten (10) or more significant trees, or any grouping of trees with at least one (1) special tree and
where twenty-five (25) percent or more of other trees are significant trees. (20)
work the earth see Earth work or work the earth
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work. (7)
Written pertnission requires that the following information must be included: The full name, address, date of
birth and signature of the person authorized to hunt or shoot; the full name, address and signature of the
landowner. (11 )
Written; in writing. The words "written" or "in writing" include any representation of words, letters or figures,
whether by printing or otherwise. (1)
Yard means any open space that lies between the principal or accessory building or buildings and the nearest lot
line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided
in this chapter. (20)
48
Yard waste means organic materials consisting of grass clippings, leaves weeds and other forms of organic
garden waste, but excluding bushes, fibrous brush, woody materials, or other materials that are not readily
compostible within a calendar year. (16)
Yard, front means a yard extending across the full width of the lot between any building and the front lot line,
and measured perpendicular to the building from the closest point of the building to the front lot line. (20)
Yard, rear means a yard extending across the full width of the lot between the principal building and the rear lot
line, and measured perpendicular to the building from the closest point of the building to the rear lot line. (20)
Yard, side means a yard extending form tine Front yard to tine rear yard betxveen tiao principal building and tine
side lot line, measured perpendicular to tine building l¥om tine closest point of thc building to the side lot linc.
(20)
Year. Unless otherwise designated, thc word "year" means a calendar year. (1)
Zone, Pritnary see Pritnary zone
Zone, secondary, see Secondary zone
Zoning administrator means the community development director or designee. (20)
Zoning Lot see Lot, zoning
49