Ordinance 759.docxPage 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 759
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, ORDAINS:
SECTION 1: AMENDMENT to Chanhassen City Code, Chapter 1, Definitions and
Chapter 20, Zoning of the Chanhassen City Code Related to sign ordinance.
A M E N D M E N T
Sec 1-2 Rules Of Construction And Definitions
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 parentheses following a definition represent specific chapters of the Code
in which a definition applies.
General. Words and phrases defined in this section have, when used in this chapter, the
meanings given below. Any other word or phrase used in this chapter, 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.
Abandoned vehicle means a vehicle, as defined below, that has remained for a period of more
than 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 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 M.S.
§ 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
M.S. § 161.242, or which are licensed and maintained in accordance with local laws and
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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 M.S. § 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 M.S. § 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)
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)
Administrative wetland permit means authorization to perform an activity that is classified as a
wetland management activity. Securing an administrative wetland permit does not exempt the
permittee from obtaining any and all other necessary permits (e.g., United States Army Corps
of Engineers, Minnesota Pollution Control Agency). (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 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". 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 or more of the following:
(a) 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
(b) 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:
(a) Persons who appear in a state of nudity; or
(b) Live performances which are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities"; or
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of "specified sexual activities"
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or "specified anatomical areas". See Sexually oriented business. (10)
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Adult day care means a program operating less than 24 hours per day that provides
functionally impaired adults with an individualized and coordinated set of services including
health services, social services, and nutritional services that are directed at maintaining or
improving the participants' capabilities for self-care. Adult day care does not include programs
where adults gather or congregate primarily for purposes of socialization, education,
supervision, caregiver respite, religious expression, exercise, or nutritious meals.
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:
(a) 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
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of
time that is less than ten 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.
Aerosol paint 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)
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)
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Agritourism means activities carried out on a farm that allows organizations or members of the
general public, for recreational, entertainment, or educational purposes, to view, enjoy, or
participate in rural activities regardless of compensation.
(a) Uses include corn/bean mazes, hay rides, pumpkin picking, harvest-your-own
produce, corn pits, hill slides, pumpkin throwers/cannons, lookout towers, zip lines,
straw bale mazes, apple picking, play structures, antique tractors displays, saw mill
demonstrations, agricultural demonstrations, hay stacks, kiddie trains, sleigh rides,
snowshoeing, maple syrup harvesting, cross country skiing, animal walks, animal
rides, farm implement games, sledding hills, axe throwing, outdoor music, archery.
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 location to another. (20)
Alternate system shall mean an individual sewage treatment system employing methods and
devices presented in Minnesota Rules Chapter 7080.0172. (19)
Anatomical areas, specified. See Specified anatomical areas.
Animal feedlot 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.
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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. Approved by the code official. (7)
Approved firearms safety course means a program of instruction in the safe and proficient use
of any firearm which is sponsored:
(a) By any accredited private or public school system; or
(b) By the commissioner of natural resources, pursuant to M.S. § 97B.015, subd. 1.
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, homeowner. See Homeowner association.
At large means off the premises of the owner and not under restraint. (5)
Attached structure. See Structure, attached.
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.
Automobile means a self-propelled, free moving vehicle with four wheels used to transport not
more than seven passengers and licensed by the appropriate agency as a passenger vehicle.
(20)
Automotive dealer means establishments primarily engaged in the retail sale of new
automobiles or new and used automobiles, including trucks, boats and recreational vehicles.
(20)
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Automotive repair/body shop means an establishment engaged in performing major repairs and
service to passenger automobiles, trucks, vans and motorcycles. Major repair may include all
activities of repair or servicing allowed in a minor automobile repair establishment as well as
major engine and transmission repair and replacement. Minor repairs may include emissions
testing and car wash. Minor repair may include muffler replacement, oil and fluid changing
and lubrication, tire repair and replacement, wheel alignment, brake repair, suspension repair,
minor engine and transmission repair, flushing of radiators, servicing of air conditioners, and
similar minor repairs and service. The rebuilding or reconditioning of passenger automobiles,
body, frame or fender straightening, painting, rust-proofing, or other similar activity is not
considered major vehicle repair and is defined separately. (20)
Awning sign. See Sign, awning.
Backstop, suitable. See Suitable backstop.
Balcony means a platform, minimum of 7½ 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.
Base flood elevation means the elevation of the "regional flood." The term "base flood
elevation" is used in the flood insurance survey.
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
rooms are rented on a nightly basis for a period of seven or less consecutive days by the same
person. Meals may or may not be provided to residents and overnight guests. (20)
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 demand (BOD5) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 20
degrees Centigrade, expressed in milligrams per liter, as prescribed in Standard Methods,
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current edition. (19)
Birds of prey means birds that hunt for food primarily on the wing, using their keen senses,
especially vision. Their talons and beaks tend to be relatively large, powerful and adapted for
tearing and/or piercing flesh.
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 means a natural topographic feature such as a hill, cliff or embankment having the
following characteristics:
(a) The slope rises at least 25 feet above the toe of the bluff; and
(b) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe
of the bluff averages 30 percent or greater; and
(c) An area with an average slope of less than 18 percent over a distance for 50 feet or
more shall not be considered part of the bluff. (20)
Bluff impact zone means a bluff and land located within 20 feet from the top of a 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 30 percent or the change in elevation becomes smaller than 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 50-foot segment,
measured on the ground, with an average slope exceeding 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 50-foot segment,
measured on the ground, with an average slope exceeding 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 or more boarders. (20)
Boardwalk means a linear structure extending across wetlands or lakes that is not supported by
posts or poles, but floats or rests upon floats without causing detrimental impacts to the wetland
or lake. (20)
Boat trailer means any device used to transport any watercraft when pulled behind any motor
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vehicle. (12)
Boathouse means a structure designed and used solely for the storage of boats or boating
equipment. (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.
Brew pub is a brewer who also holds one or more retail on-sale licenses and who manufactures
fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire
production of which is solely for consumption on tap on any licensed premises owned by the
brewer, or for off-sale from those licensed premises as permitted in M.S. § 340A.24, subd. 2.
Brewer is a person who manufactures malt liquor for sale.
Brewery is a location where malt liquor is manufactured for sale.
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 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 groundcover 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 chapter 20 have been met. (20)
Buildable land means all land except wetlands and public waters, and land dedicated for local,
county and state roads. (18)
Building, conforming. See Conforming building or structure.
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 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)
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Building, principal means a building in which is conducted the primary or predominant use of
the lot. (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 chapter 20. The building setback lines delimit the area in which
buildings and other regulated structures are permitted subject to all applicable provisions of
chapter 20. (20)
Building sewer. See Sewer, building.
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.
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 and 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:
(a) The one-way transmission to subscribers of: (i) video programming; or (ii) other
programming service; and
(b) 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, 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:
(a) A facility that serves only to retransmit the television signals of one or more television
broadcast stations;
(b) A facility that serves subscribers without using any public rights-of-way;
(c) 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
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transmission of video programming directly to subscribers; unless the extent of such
use is solely to provide interactive on-demand services;
(d) An open video system that complies with section 653 of the Cable Act; or
(e) 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.
Candela (symbol: cd) is the International System (SI) base unit of luminous intensity (that is,
power emitted by a light source in a particular direction, with wavelengths weighted by the
luminosity function, a standardized model of the sensitivity of the human eye). (20)
Cannabis: Any species of the genus cannabis plant, or any mixture or preparation of them
including whole plant extracts and resins.
Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator,
cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing
facility, cannabis delivery services, or medical cannabis combination business licensed, or any
use otherwise authorized, under Minnesota Statutes, Chapter 342.
Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant
parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to
Minnesota Statutes, Chapter 342.
Cannabis Distribution Facility: Any building, structure, vehicle or grounds where the storage
or distribution (including either retail or wholesale distribution) of cannabis is performed.
Cannabis Delivery Service: A person or entity licensed or otherwise authorized to purchase
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products from licensed cannabis microbusinesses with a retail endorsement, cannabis
mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and
medical cannabis combination businesses; transport and deliver cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumable products to customers;
and perform other actions pursuant to Minnesota Statutes, Chapter 342.
Cannabis Laboratory: Any permanent or temporary building or structure; any mobile structure
or vehicle; corporation; or other entity that examines, analyzes or tests samples of cannabis and
is licensed by the State of Minnesota to do so.
Cannabis Manufacturing or Manufacturer: The process of converting or packaging harvested
cannabis plant material into medical or recreational cannabis.
Cannabis Mezzobusiness: A person or entity licensed to cultivate, manufacture, and sell
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products containing cannabis and related supplies and products and perform other actions
authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter
342.
Cannabis Microbusiness: A person or entity licensed to cultivate, manufacture, and sell
products containing cannabis and related supplies and products and perform other actions
authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter
342.
Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
Cannabis Retail Businesses: A state licensed retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations
endorsement, medical combination businesses operating a retail location, excluding lower-
potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342.
Cannabis Testing Facility: A facility licensed to obtain and test immature cannabis plants and
seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially
derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products
from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis
manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical
cannabis cultivators, medical cannabis processors, medical cannabis combination businesses,
and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342.
Cannabis Transporter: An entity licensed or otherwise authorized to transport immature
cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp
derived consumer products from a cannabis business to a cannabis business pursuant to
Minnesota Statutes, Chapter 342.
Cannabis or Lower-Potency Hemp Edible Manufacturing: An entity licensed or otherwise
authorized for the creation of cannabis concentrate and manufacture of cannabis products and
hemp-derived consumer products for public consumption pursuant to Minnesota Statutes,
Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived
cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and
hemp edibles for public consumption; package and label lower-potency hemp edibles for sale
to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp
edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant
to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor
license pursuant to Minnesota Statutes, Chapter 342.
Cannabis Wholesaler: An entity licensed or authorized to obtain, store, and sell or otherwise
transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or
other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes,
Chapter 342.
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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)
Chicken or domesticated chicken means a subspecies of the species Gallus domesticus.
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 day. Bible camps with live-in quarters, publishing
establishments, ritual slaughterhouses, radio or television towers and transmission facilities,
theological seminaries, day care centers, adult day care, hospitals, and drug treatment centers
are not churches. (10) (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. (1) (10)
City wetland inventory means the official city wetland inventory map depicting the
approximate location and extent of wetlands within Chanhassen. A copy of this map shall be
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maintained on the city's GIS database, with both hard and electronic copies being made
available for public review upon request. (20)
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.
Cocktail room is a location in or adjacent to a microdistillery where the owner of the distillery
sells distilled spirits produced by the distiller for consumption on the premises or for off-site
consumption, as provided for in M.S. § 340A.22.
Code means the Chanhassen City Code as designated in section 1-1. (1)
Code official means 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 Office means an establishment or place of business primarily engaged in
providing services related to business needs, such as but not limited to, co-working or general
office space, financial institutions, and real estate offices.
Commercial Retail means an establishment or place of business primarily engaged in selling
goods or merchandise to the general public, such as, but not limited to, clothing, home goods,
and specialty products.
Commercial services means an establishment or place of business primarily engaged in
providing services related to personal needs, such as, but not limited to, health and recreation
clubs, outpatient health services, salon/barber, massage, beauty aesthetics, dry cleaners, tattoo
and piercings, and tailors.Commercial stables. See Stables, commercial.
Commercial wireless telecommunication service means licensed commercial wireless
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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 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 through 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 festival is an event held within the City that has broad community appeal and the
objective of promoting a spirit of pride in the City, a sense of community and an atmosphere of
celebration for all residents of the City and which has been organized by or in partnership with
the City of Chanhassen.
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 means 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 chapter 20, 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.
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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.
Continuing care retirement facility means:
(a) An establishment providing sleeping accommodations to one or more adult residents,
at least 80 percent of which are 65 years of age or older, and offering or providing, for
a fee, one or more regularly scheduled health-related services or two or more regularly
scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or
(b) An establishment that registers under M.S. § 144D.025.
Continuing care retirement facility does not include:
(a) A nursing home licensed under M.S. ch. 144A;
(b) A hospital, certified boarding care home, or supervised living facility licensed under
M.S. §§ 144.50 to 144.56;
(c) A board and lodging establishment licensed under M.S. ch. 157 and Minnesota Rules,
parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or
9530.4100 to 9530.4450, or under M.S. ch. 245B;
(d) A board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
(e) A family adult foster care home licensed by the department of human services;
(f) Private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
(g) Residential settings for persons with developmental disabilities in which the services
are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or laws;
(h) A home-sharing arrangement such as when an elderly or disabled person or single-
parent family makes lodging in a private residence available to another person in
exchange for services or rent, or both;
(i) A duly organized condominium, cooperative, common interest community, or owners'
association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by
individuals who are the owners, members, or shareholders of the units; or
(j) Services for persons with developmental disabilities that are provided under a license
according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1,
1998, or under M.S. ch. 245B.
Contractor means:
(a) Someone (a person or firm) who contracts to build things.
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(b) (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 on-site,
and has over 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 on-site, and has over 400 square feet of floor area for
retailing of nonautomotive goods. (20)
Cooking device means any barbeque, rotisserie, roaster, oven or similar equipment used in food
preparation. (9)
Coop means the structure for the keeping or housing of chickens.
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.
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 facilities means facilities necessary to a community's public health and safety, those
that store or produce highly volatile, toxic or water-reactive materials, and those that house
occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical
facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire
and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel
storage facilities, and waste handling and storage facilities.
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Critical root zone: the minimum area around the tree that must remain undistrubed. This is
calculated by measuring the tree’s dbh and for each inch of tree diameter, one foot of root zone
radius must be protected. For example, a tree with a dbh of 10, the critical root zone of the tree
is 10 feet (10” dbh x 1’ root zone protection = 10 feet of root zone protection measured from
the base of the tree in all directions. (20)
Cross bar means that portion of any 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 outlet and having an appropriate turn-around
for the safe and convenient reversal of traffic movement. (18) (20)
Dangerous animal means:
(a) 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.
(b) 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)
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
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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 means the division of a parcel of land into two 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 identification sign. See Sign, development identification.
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.
Dismantled firearm means any unloaded firearm or bow which is dismantled in such a manner
so as to prevent shooting.
Dispensary: An entity in possession of a cannabis retailer license or otherwise authorized to
acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related
supplies and products pursuant to Minnesota Statutes, Chapter 342.
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 nonsale
hours. (10)
Display area, sign. See Sign display area.
Disposal system (SDS) permit, state. See State disposal system (SDS) permit.
Distilled spirits is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy,
gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial
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use.
Distiller is a person who manufactures distilled spirits for sale.
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 feet. (6)
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 cross bar means that portion of any dock which is approximately parallel in alignment to
the adjoining shoreline or ordinary high water mark. See Cross bar. (20)
Dock setback zone means the area inside and running parallel to and ten feet from the extended
lot lines of a lot abutting a lake. "Extended lot lines" means an extension of the side lot lines
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 mean any controlled substance, as defined by M.S. ch. 152, the possession of which is a
violation of M.S. § 152.021 et seq. (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, Attached or Internal Accessory Dwelling Unit, means a residential dwelling unit that
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is subordinate and clearly incidental to a primary structure, located on the the same lot as a
single-family dwelling until, within the same building as the single-family dwelling unit with
its own kitchen, living, bathroom, and sleeping area.
Dwelling, Detached Accessory Dwelling Unit, means a residential dwelling unit that is
subordinate and clearly incidental to a primary structure, located on the same lot as a single-
family dwelling unit, not within the same building as the single-family dwelling unit but which
has its own kitchen, bathroom, living, and sleeping area.
Dwelling, manufactured, also called mobile or manufactured home, means a structure which is
transportable in one or more sections on its own 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 when attached to required utilities. The terms "manufactured
dwelling" or "manufactured home" does not include the term "recreational vehicle." (20)
Dwelling unit means one 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 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 20 feet or more
in width and 40 feet or more in length, exclusive of supporting members or hitches. (20)
Dwelling, multifamily means a detached building containing three or more dwelling units.
Apartment buildings, condominiums, manor homes, quad-duplexes, and cooperatively owned
buildings containing three or more dwelling units are multifamily dwellings. (20)
Dwelling, residential means any single building consisting of two or less dwelling units with
individual kitchen facilities for each. (16)
Dwelling, single-family means a building containing one 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 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 or more common fire-
resistant walls having no openings and extending from the basement to the roof. (20)
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Dwelling, townhouses, detached means a structure having the characteristics of a multiple-unit
townhouse structure that has been separated into single dwelling units at the common side
wall, typically with structure dimensions that have a narrow front and deep side walls and are
typically without windows or features on at least one of the side walls.
Dwelling, two-family means a detached building containing two 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. See Public
educational or government access facilities or PEG access facilities.
Electric distribution substations are located above ground near to the end-users. Distribution
substation transformers change the transmission or subtransmission voltage to lower levels for
use by end-users.
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)
Enterprise means any corporation, association, firm, partnership, limited liability partnership,
or other legal entity. (20)
Entertainment means an establishment that provides indoor amusement including, but not
limited to, activities such as bowling, cultural facilities, musical productions, theatre, billiards,
dance halls/clubs, galleries, and amusement services.
Erosion control means best management practices employed to prevent erosion including, but
not limited to, soil stabilization practices, limited grading, mulch, temporary or permanent
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cover, and construction phasing as defined in the MPCA general construction permit. (7) (19)
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)
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)
Establishment means and includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to
any sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented
business; or
(d) 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 means:
(a) The removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel,
stone or other matter, creating a depression.
(b) Any area where the topsoil or overburden has been removed for the purpose of
removing earthly deposits or minerals.
(c) Any area that is being used for stockpiling, storage and processing of sand, gravel,
black dirt, clay and other minerals. (7) (17)
Expansion means an increase in the floor area or volume of an existing building (including
deck additions), increase in the building occupancy, capacity or parking demand or increase in
the degree or intensity of the nonconforming condition of the building, land area, site or use.
(20)
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)
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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 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 uncropped and kept cultivated throughout a growing
season. Vegetative cover is less than 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 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 means a tract of land of more than ten acres in size, usually with a house and barn, plus
other buildings on which crops and often livestock are raised for a principal source of
livelihood.
Farm animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, llama, emu,
and other animals commonly accepted as farm animals in the State of Minnesota.
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)
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Fire department means the city's fire department.
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 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 the portion of the special flood hazard area (one percent annual chance
flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway
fringe" used in the flood insurance study for Carver County, Minnesota.
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 in the magnitude of the one percent chance or 100-year recurrence interval.
Regional flood is synonymous with the term "base flood" used in a flood insurance study. (20)
Flood insurance rate map (FIRM) means an official map on which the federal insurance
administrator has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a digital
flood insurance rate map (DFIRM).
Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood. (20)
Flood-prone area means any land susceptible to being inundated by water from any source.
Floodproofing means a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions adjoining floodplain which are reasonably required to carry or store 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 buildings. The floor area of a building shall include basement floor area, penthouses, attic
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space having headroom of seven feet or more, interior balconies and mezzanines, enclosed
porches and floor area devoted to accessory uses. However, any space devoted to mechanical
equipment, stairwells, elevator 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 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.
Franchise agreement means a franchise granted, containing the specific provisions of the
franchise granted, including references, specifications, requirements and other related matters.
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:
(a) 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);
(b) Capital costs which are required by the franchise agreement to be incurred by the
grantee for PEG access facilities;
(c) 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
(d) Any fee imposed under 17 USC.
Free choice means the horse has a free and independent opportunity to access a structure
without human intervention. A horse must be able to voluntarily enter and exit said structure.
(5)
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.
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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 means putrescible animal, vegetable and organic wastes resulting from the handling,
preparation, cooking, service and consumption of food. (7) (16) (19)
Garbage and refuse collector. See Refuse and garbage collector.
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)
Generator means any person who produces or causes the production of mixed municipal solid
waste. (16)
GIS means geographic information system, such as ArcView. (20)
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.
Golf driving range means an area equipped with distance markers, clubs, balls, and tees for
practicing golf drives and putting, and which may include a snack-bar and pro-shop, but
excludes miniature golf courses and "putt-putt" courses. (20)
Government Services shall mean any department of state, federal, or municipal government
that provides community services.
Governmental authority means any court or other federal, state, county, municipal or other
governmental department, commission, board, agency or instrumentality.
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
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in percentage terms. (20)
Grading or filling. See Filling or grading.
Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is
written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise
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 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 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.
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. 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 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. 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.
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
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emotional impairment, or suffer social maladjustment or dependency. (20)
Guardian, parent. 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 (HSI). (20)
Habitat Suitability Index (HSI) 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 M.S. ch. 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 or more such institutions, but excluding institutions that provide healing solely by prayer.
(20)
Health-related services. "Health-related services" include professional nursing services, home
health aide tasks, and home care aide tasks identified in Minnesota Rules, parts 4668.0100,
subparts 1 and 2; and 4668.0110, subpart 1; or the central storage of medication for residents.
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.
Hen means a female chicken.
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Heritage Tree means any healthy deciduous or coniferous tree measuring at least 25 inches in
diameter at breast height (DBH).
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.
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)
House pets means animals such as dogs, cats, birds (not including pigeons, chickens, geese,
turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered
outside of the principal structure), and tropical fish, that can be contained within a principal
structure throughout the entire year, provided that the containment can be accomplished
without special modification to the structure that would require a building permit, excluding
wild or domesticated wild animals.
Household pet means a dog or cat, regardless of weight, or an animal not exceeding 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
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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, bluff. See Bluff impact zone.
Impact zone, shore. See Shore impact zone.
Impervious surface means a surface that either prevents or retards the entry of water into the
soil and causes water to run off the surface in greater quantities and at an increased rate of flow
than prior to development. Examples include, but are not limited to, structures, storage areas,
roads, sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non-
pervious pavement systems. (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 inches. (19)
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 (e.g., curbside) residential collection means collection from any building consisting
of one 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 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)
Indoor area means all space between a floor and a ceiling that is bound by walls, doorways or
windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
(20)
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
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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.
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 chapter 19, article IV. (19)
Installation means the connection of the system to a subscriber and the provision of cable
service.
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 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 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.
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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 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 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)
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 manmade waterbodies such
as stormwater 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.
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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, premises 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,
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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 and yards as are
designed and arranged or required by chapter 20 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 coverage means that portion or percentage of a lot that is covered by impervious surfaces
and pervious pavement. (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 frontage means the lot width measured at the front lot line. (20)
Lot line means a line of record bounding a lot which divides one 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, a line 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 of record means any legally recorded lot which at the time of its recordation complied with
all applicable laws and ordinances. (20)
Lot width means the shortest distance between lot lines measured at the midpoint of the
building line. (20)
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Lot, corner means a lot abutting upon two or more streets at their intersection, or upon two
parts of the same street, such streets or parts of the same street forming an interior angle of less
than 135 degrees. (20)
Lot, double frontage means a lot which fronts upon two parallel streets, or which fronts upon
two 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 30 feet wide. The lot width on neck or flag lots and lots
accessed by private streets shall be 100 feet as measured at the front building setback line. Lots
of this type existing before March 26, 1990 shall be classified as neck/flag lots for the purposes
of determining lot area, lot coverage, and front yard setbacks even if they do not meet the
stipulated neck width. The location of flag-neck lots is conceptually illustrated below. (18) (20)
Lot, interior means a lot other than a corner lot.
Lot, nonconforming. See Nonconforming lot. (20)
Lot, parking. See Parking lot.
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Lot, riparian means any lot abutting the ordinary high water mark of a lake, pond or wetland.
(20)
Lot, zoning means a single tract of land which consists of one 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.
Lower-Potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
Lower-potency hemp edible retailer: A person or entity licensed or authorized to acquire,
possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related
supplies and products pursuant to Minnesota Statutes, Chapter 342.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
Malt liquor is any beer, ale or other beverage made from malt by fermentation and containing
not less than one-half of one percent alcohol by volume.
Manage 1 wetlands means high quality wetlands that should be protected from development
and other pressures of increased use, including indirect effects of development. Maintaining
natural buffers will help to retain the significant function these wetlands provide. In the event
that impacts to these wetlands cannot be avoided, replacement ratios for mitigation should
exceed the state required minimums. (20)
Manage 2 wetlands means wetlands that provide medium functional levels and the wetland
extent should be maintained. These wetlands often provide optimal restoration opportunity.
(20)
Manage 3 wetlands means wetlands that have been substantially disturbed and have the lowest
functions and values. (20)
Managed natural landscape: Managed natural landscapes may include native and non-native
plants and grasses in excess of eight (8) inches in height and which have gone to seed, but may
not include any noxious weeds or invasive species and must be maintained so as to not include
unintended vegetation. Noxious weeds shall be as defined by Minnesota Statute 18.771. (20)
Invasive Species shall be as defined by Minnesota Statute Section 84D.01.
Managing Agency or Rental Agent means a person, enterprise, or agency representing the
owner of the short-term home rental unit. (20)
Manufactured dwelling. See Dwelling, manufactured.
Manufactured home. See Dwelling, manufactured.
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Marquee sign. See Sign, marquee.
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)
Medical Cannabis Combination Business: An entity authorized to cultivate, manufacture, and
sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other
actions authorized under a medical cannabis combination license pursuant to Minnesota
Statutes, Chapter 342.
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.
Microdistillery is a distillery operated within the state producing premium distilled spirits in a
total quantity not to exceed 40,000 proof gallons in a calendar year.
Mineral extraction. See Excavation or mining.
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
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)
Minnesota Routine Assessment Method (or MnRAM) means Minnesota Routine Assessment
Method for evaluating wetland functions (MnRAM Version 3.0), or future versions. (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, motor and vehicle fluids and filters, yard waste, and other materials collected,
processed and disposed of as separate waste streams. (16)
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Mobile 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 device, water. See Water monitoring device.
Month. The word "month" means a calendar month. (1)
Mooring means any buoy, post, boatlift, structure or device at which a watercraft may be
moored which is surrounded by public waters. (6)
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)
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 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)
MPCA means the Minnesota Pollution Control Agency.
Multifamily dwelling. See Dwelling, multifamily.
Multiuser tower. See Tower, multiuser.
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.
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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 modern human activity. Natural habitat areas
may include forests, wetlands or endangered or threatened species habitat. (20)
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.
Nit is defined as a unit of luminance equal to one candela per square meter (cd/m2). It is often
used to quote the brightness of computer displays, which typically have a luminance of 200 to
300 nits, and LED displays, which have a typical luminance between 1,000 nits (indoor) and
5,000 nits (outdoor). (20)
Noise, abnormal or excessive. See Abnormal or excessive noise.
Nonconforming lot. A lot that does not comply with the requirements of chapter 20, 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 chapter 20, 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 chapter 20,
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)
Normal business hours means those hours (8:00 a.m.—5:00 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,
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laundry, culinary operations and liquid waste from toilets and floor drain. Domestic waste
contains approximately 270 mf/1 BOD5 and approximately 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 Minnesota Pollution Control Agency's (MPCA's) National Pollutant
Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System
(MS4) permit.
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:
(a) The appearance of a human bare buttock, anus, male genitals, female genitals or
female breast; or
(b) 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:
(a) Annoys, injures or endangers the health, safety, comfort or repose of the public;
(b) Offends public decency;
(c) 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;
(d) Depreciates the value of the property of the inhabitants of the city;
(e) 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 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,
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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 means that which produces a response of the human sense of smell to an odorous
substance. (20)
Odor generator, nonsignificant 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 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)
Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may
be referred to as “OCM” in reference to this title.
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)
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Off-premises sign. See Sign, off-premises.
On-premises sign. See Sign, on-premises.
Open fences are decorative fences such as wrought iron fences, cement block column or rock-
type posts, split rail and other open style fences. Open fences may not have more than 20
percent opacity. Picket fences and privacy type fences are not open fences.
Open flame fire means any burning of fuel, and includes any torch, flare, decorative light,
fondue or other heating, burning or lighting equipment or device having an open flame. (9)
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,
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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 24-
hour period. (20)
Outlot means a platted lot that is intended as open space or for another designated use or which
is reserved for future replatting before development. (20)
Outstanding wetlands means wetlands that are classified as outstanding resource value waters
by the State of Minnesota. (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 means:
(a) In the case of a watercraft, means a person, other than a lien holder 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.
(b) 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)
(c) Any person who owns, harbors or keeps or has custody of a dog or cat, or the parents
or guardians of a person under 18 years of age who owns, harbors, keeps or has
custody of a dog or cat. (5)
(d) 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)
(e) 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 of an inch in width. (13)
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Parent or guardian means the natural or adoptive parent of a person, the legal guardian of such
person, or any other person over 18 years of age who has been selected by the natural or
adoptive parent or legal guardian to supervise the person under 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 grade 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)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle, goats,
or sheep. A pasture may be grassed which means that it provides sufficient and suitable
vegetation for the feeding of a horse during the growing season or a "dry lot" which does not
provide sufficient and suitable vegetation for the feeding of a horse. In a "dry lot" the horse
must be fed to meet its minimum daily nutritional needs. (5)
Peddler means any person, firm, corporation, or other business organization 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.
Permitted cooking device means a cooking device fueled by briquettes or electricity or a
permanently mounted natural gas cooking device as described in section 9-44 of Chanhassen
City Code. (9)
Permittee means any person to whom a permit issued.
Person means any human being and may extend and be applied to bodies politic and
corporate, and to partnerships and other unincorporated associations. (1) (7) (7.5) (13) (10)
(16) (19)
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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)
Pervious pavement allows stormwater runoff to filter though surface voids into an underlying
stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology
include, but are not limited to, porous pavers and permeable interlocking concrete pavers
(PICP).
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 signs. See Sign, Pickup.
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)
Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
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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.
Preserve wetlands means exceptional and highest functioning wetlands, or those sensitive
wetlands receiving conveyed stormwater runoff that have yet retained a medium level of
vegetative diversity/integrity. These wetlands are those that should be preserved in (or
improved to) their most pristine or highest functional capacity with wide, natural buffers, in
perpetuity. (20)
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 from an accessory building or
structure. (20)
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:
(a) The city fire inspector;
(b) The city building official; and
(c) 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.
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Property, semi-public. See Semi-public property.
Public educational or government access facilities or PEG access facilities means:
(a) Channel capacity designated for public, educational or governmental use; and
(b) 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 Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used
by the general public, including, but not limited to, restaurants; bars; any other food or liquor
establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common
areas of rental apartment buildings, and other places of public accommodation.
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 transportation means public means of transportation, including light and commuter rail
transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles
other than those being operated by the lessee; and ticketing, boarding and waiting areas in
public transportation terminals. (20)
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 chapter 20, 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:
(a) All water basins assigned a shoreland management classification by the commissioner
of natural resources;
(b) All waters of the state which have been finally determined to be public waters or
navigable waters by a court of competent jurisdiction;
(c) All meandered lakes, except for those which have been legally drained;
(d) 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;
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(e) All water basins designated as scientific and natural areas;
(f) All water basins located within and totally surrounded by publicly owned lands;
(g) 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;
(h) All water basins where there is publicly owned and controlled access which is
intended to provide for public access to the water basins; and
(i) All natural and altered natural watercourses with a total drainage area greater than two
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.
Real property. 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 that is built on a single chassis, is 400
square feet or less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and which is primarily designed as a
temporary living accommodation for recreational camping, seasonal, and travel use.
Recreational vehicles include travel trailers, travel vehicle, camping trailers, truck campers and
self-propelled motor homes. (20)
Recyclables 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
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manner that precludes further use. (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:
(a) Construction materials resulting from the construction or reconstruction of buildings or
other improvements by contractors; or
(b) Trees in excess of six inches in diameter; or
(c) Yard waste; or
(d) Recyclables. (16)
Refuse and garbage collector means any person holding a valid license from the village for the
purpose of collecting refuse and garbage. (16)
Regulatory flood protection elevation (RFPE) means an elevation not less than three feet above
the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
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 chapter 20. (20)
Remuneration means compensation, money, or other consideration given in return for
occupancy, possession, or use of real property. (20)
Rent means the consideration or remuneration charged whether or not received, for the
occupancy of space in a short-term vacation unit, valued in money, whether to be received in
money, goods, labor, or otherwise, including all receipts, cash, credits, property, or services of
any kind. Rent may include consideration or remuneration received pursuant to an option to
purchase whereby a person is given the right to possess the property for a term of less than
thirty (30) days. (20)
Rental means an arrangement between a transient and a homeowner whereby rent is received
in exchange for the right to possess a residential structure. (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)
Repetitive loss means flood-related damages sustained by a structure on two separate occasions
during a ten-year period for which the cost of repairs at the time of each such flood event on
the average equals or exceeds 25 percent of the market value of the structure before the
damage occurred.
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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 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)
Residential district means that area of the city zoned as RR, RSF, R-4, RLM, R-8, R-12, R-16
or PUD-R by the City Code. (10)
Residential dwelling. See Dwelling, residential. (16)
Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
Restaurant. See Restaurant, standard.
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:
(a) Within a restaurant building;
(b) Within a motor vehicle parked on the premises; or
(c) Off the premises as carry-out orders; and whose principal method of operation
includes the following characteristics:
(1) Food and/or beverages are usually packaged prior to sale and are served in
edible containers or in paper, plastic or other disposable containers;
(2) 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 or both of the following characteristics:
(a) 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;
(b) 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.
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Retail Registration: Retail Registration: An approved registration issued by the City or Carver
County to a cannabis retail business.
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)
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)
Rooster means a male chicken.
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)
Run means an enclosed and covered area attached to the coop where the chickens can roam
unsupervised.
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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 means a combination of:
(a) Antenna or dish antenna whose purpose is to receive communication or other signals
from orbiting satellites and other extraterrestrial sources;
(b) 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
(c) A coaxial cable whose purpose is to carry the signals into the interior of the building.
(20)
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.
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 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 article. (7.5)
Sediment control means best management practices employed to prevent sediment from
leaving site including, but not limited to, silt fence, sediment traps, earth dikes, check dams,
subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent
sediment basins as defined in the MPCA general construction permit. (7, 19)
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic
region and areola of the female breast, as well as portions of the body covered by supporting
straps or devices. (10)
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Semi-public 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 nonintoxicating malt liquor permit has been issued by the city. (11)
Semi-public 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).
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 services center.
Service interruption means the loss of picture or sound on one or more cable channels. (7.5)
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 line, building. See Building setback line.
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)
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Sewer system, community means an alternative type sanitary sewer system which utilizes one
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
groundwaters 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:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite
sex; or
(b) Activities between male and female persons and/or persons of the same sex when one
or more of the persons is in a state of nudity or semi-nude. (10)
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, substantial enlargement of a sexually oriented business. See
Substantial enlargement of a sexually oriented business.
Sexually oriented business, transfer of ownership or control of a sexually oriented business.
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 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)
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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 50 percent of the structure setback. (20)
Shoreland means land located within the following distances from public waters: 1,000 feet
from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or
stream, or the landward extent of a floodplain 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)
Short-term Rental means any residential property, a dwelling unit, or a portion thereof that is
rented to a transient for less than thirty (30) consecutive days. (20)
Shrub means a woody plant that remains low 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)
Sight distance triangle means the area of a corner lot bounded by the right-of-way lines and a
line connecting the two points on the property lines 30 feet from the intersection of the
property lines or within 45 feet of the intersection of two improved street surfaces (roadway) or
driveway edges, whichever is greater. No sign or sign structure shall be located within the sight
distance triangle. No sign or sign structure shall be located within the sight distance triangle
from any private drive or access intersecting a public street. Signs shall be setback a minimum
ten feet from any property line. (20)
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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 sign located on a hood or cover that projects from the wall of a
building.. (20)
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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 corners. (20)
Sign, business directory means a sign which identifies multiple tenants within a property of
grouping of properties.
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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)
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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, 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)
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Sign, electronic message center (EMC) means a sign or portion of a sign that displays
electronic, nonpictorial text information in which each alpha-numeric character or symbol is
defined by a small number of matrix elements using different combinations of light emitting
diodes (LED's), fiber optics or other illumination devised within the display area. The
characters for the copy or script shall be only that available on a standard word processing
keyboard, and shall not include graphics, pictures or other items. Electronic changeable copy
signs include computer programmable, microprocessor-controlled electronic displays and
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messages that are projected onto building or other objects. (20)
Sign, flag means any fabric banner used as a symbol of a government, political, subdivision or
other identity/corporation. (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, 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 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)
(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 that is owned by a government entity or school. (20)
Sign, Drive-through 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, monument means a sign directly affixed to the ground.
Sign, nonconforming means a sign that does not conform to the requirements of chapter 20 of
this Code. (20)
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Sign, Portable A-Frame means a sign not affixed to a structure or ground, self-standing,
constructed of two panels hinged at the top.
Sign, Public/Community means a sign on a property owned or leased by a governmental unit
and operated by a governmental unit.
Sign, projecting means a sign that is wholly or partly dependent upon a building for support
and which projects more than 12 inches from such building. (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 flat
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)
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Sign, site signage means a sign located on the exterior of a structure or the grounds of a
property, excluding the permitted wall/canopy signs for the building.
Sign, temporary means a sign designed or intended to be displayed for a short period of time.
This includes, but is not limited to, 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 the wall. (20)
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Sign, window means sign, symbols, words or combination thereof, measured to include only
the extreme limits of the content, that is placed inside a window or upon the window panes or
glass and is visible from the exterior of the window. (20)
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 M.S. § 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 five inches or more DBH; (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 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 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 miles per hour. (6)
Small brewer is a brewery that produces less than 20,000 barrels of malt liquor in a year.
Small vehicle sales means any motor vehicle having an engine cubic centimeter displacement
of less than 1,000 cc, including, but not limited to, riding lawn mowers, farm equipment,
motorcycles, minibikes, all-terrain vehicles and snowmobiles.
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other
lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe,
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or any other lighted smoking tobacco or plant product equipment intended for inhalation. (20)
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, 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)
Special flood hazard area means a term used for flood insurance purposes synonymous with
"one hundred-year floodplain."
Special pickup 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 30 inches DBH, any large conifer trees at
least 20 inches DBH, any medium broadleaf trees at least 20 inches DBH, any small broadleaf
trees at least 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:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus
or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in
paragraphs (1) through (3) above. (10)
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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 flat metal joined by vertical or overlapping
seams. (20)
State. The words "the state" or "this state" shall mean the State of Minnesota. (1) (7.5)
State disposal system (SDS) permit means any permit including any terms, conditions and
requirements thereof issued by the MPCA pursuant to M.S. § 115.07, for a disposal system as
defined by M.S. § 115.01, subd. 5. (19)
State License: An approved license issued by the Office of Cannabis Management to a
cannabis retail business.
Statutes. References to "statutes" or to "M.S.", are to the 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 the provisions of chapters 18 and 20. Where specific information is not available, steep
slopes are lands having average slopes over 12 percent, as measured over horizontal distances
of 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 or storm drain means a sewer which carries storm and surface waters and
drainage, but excluding sewage and polluted industrial wastes. (19)
Storm sewer connection means the installation of a hookup or connection from the municipal
storm sewer line in 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)
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Stormwater pollution prevention plan (SWPPP) means a plan for stormwater discharge that
includes erosion prevention measures and sediment controls that, when implemented, will
decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution, as defined in
the MPCA general construction permit.
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 12 feet at any point, or if the height (H) is more than
six feet for more than 50 percent of the perimeter of the building then it is considered a story.
This definition refers to nonresidential properties only. (20)
Street means a public right-of-way or a private right-of-way occupied by a roadway or in
which a future roadway will be constructed. (1) (7.5) (12) (18) (20)
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Street frontage means that portion of a parcel of land abutting one or more public streets. (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)
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 or more parcels of land which
is not dedicated to the public but is owned by one or more private parties. (18) (20)
Strip, buffer. See Buffer strip.
Structure means anything manufactured, built, constructed, 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
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surface parking areas, boardwalks, playground equipment, patios, or concrete slabs. (7) (20)
Structure, accessory. See Accessory use or structure.
Structure, attached means any structure that is attached to another structure by a common wall.
Structure, conforming. See Conforming building or structure.
Structure, nonconforming. See Nonconforming structure.
Structure, principal. See Principal structure.
Structure, temporary. See Temporary structure.
Subdivision means the separation of an area, parcel, or tract of land under single ownership
into two 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 20 acres or larger in size
and 500 feet in width for residential uses and five 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.
Substantial damage means damage of any origin sustained by a structure where the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial enlargement of a sexually oriented business means the increase in floor area
occupied by the business by more than 25 percent, as the floor area existed on the effective
date of this article. (10)
Substantial improvement means within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the start of construction of the improvement. This term includes
structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
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local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(b) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure." For the purpose of the
ordinance from which this definition derived, "historic structure" is as defined in 44
Code of Federal Regulations, Part 59.1.
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)
Supportive services. "Supportive services" means help with personal laundry, handling or
assisting with personal funds of residents, or arranging for medical services, health-related
services, social services, or transportation to medical or social services appointments.
Arranging for services does not include making referrals, assisting a resident in contacting a
service provider of the resident's choice, or contacting a service provider in an emergency.
Surface water management plan (SWMP) means the most recently adopted version of the
Chanhassen Surface Water Management Plan.
Surface waters shall mean any water basins or watercourses defined as natural watercourses or
public waters in M.S. §§ 103G.005 and 645.44, subd. 8a. (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 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 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, experimental. See Experimental system.
System, failing. See Failing system.
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System, wind energy conversion. See Wind energy conversion system.
Table, water. See Water table.
Tap room is a location in or adjacent to a brewery where the owner of the brewery sells malt
liquor produced by the brewery for consumption on the premises or for off-site consumption as
provided for in M.S. §§ 340A.28 and 340A.285.
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)
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)
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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 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 improvement 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:
(a) The sale, lease or sublease of the business;
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(b) The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
(c) 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 means any person who, at their own expense or at the expense of another, exercises
occupancy or possession, or is entitled to occupancy or possession, by reason of any rental
agreement, concession, permit, right of access, option to purchase, license, time-sharing
arrangement, or any other type of agreement for a period of less than thirty (30) consecutive
calendar days. (20)
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 13 to 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 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, loss of means that any of the following may have happened:
(a) Grade change or land alteration, whether temporary or permanent, of greater than one
foot, measured vertically from the existing grade, affecting 40 percent (as measured on
a horizontal plane) or more of a tree's critical root zone; or
(b) Utility construction resulting in the cutting of 40 percent or more of the tree's roots
within the critical root zone; or
(c) Mechanical injury to the tree trunk causing loss of more than 40 percent of the bark; or
(d) Compaction to 90 percent of standard proctor to a depth of six inches or more of 40
percent or more of the surface of the soil within the tree's critical root zone; or
(e) The pruning of a tree which eliminates 40 percent or more of the canopy area of a tree;
or
(f) The complete removal of a tree. (20)
Trees, special. See Special trees.
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Truck means any vehicle, the gross weight of which exceeds 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 feet in length, or
within the property of the owners premises.
Underage person. The term "underage person" means a person who is under the legal
drinking age, as provided by M.S. ch. 340A. (10)
Underground electric distribution substations are located underground near to the end-users.
Distribution substation transformers change the subtransmission voltage to lower levels for use
by end-users.
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 complete single-family household. (19)
Unit, housekeeping. See Housekeeping unit.
Use, accessory. See Accessory use or structure.
Use, nonconforming. See Nonconforming use.
Use, semi-public. See Semi-public 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 for the furnishing of adequate service by such public utilities or
governmental agencies or for the public health, safety or general welfare. This term does not
imply overhead transmission lines in excess of 69 kv. (20)
Utility, public. See Public utility.
Variance means permission to depart from the requirements of chapters 18 and 20. (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)
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Vegetation, native. Native vegetation is the presettlement group of plant species native to the
North American Continent which were not introduced as a result of European settlement. (20)
Vegetation, unacceptable means nonnative species that may pose a threat to native vegetation
and native plant communities within a wetland and wetland buffer. This includes, but is not
limited to, nonnative vegetation, invasive vegetation, agricultural weeds and those listed on the
state noxious weed list. (20)
Vehicle means any machine as defined under M.S. § 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, abandoned. See Abandoned vehicle.
Vehicle, recreational. See Recreational vehicle.
Vehicle sales, small. See Small vehicle sales.
Vehicular use area (V.U.A.) means any open or unenclosed area containing more than 1,800
square feet of area and/or used by six 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, 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
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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 in 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 vessel, craft, boat, or thing made or intended to float on or in or travel or
transport through water, other than model boats. (6) (12) (20)
Watercraft Trailermeans any trailer constructed and/or designed primarily to transport or carry
watercraft. (20)
Water-oriented accessory structure 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, fish houses, pump houses and detached decks.
Waters, public. See Public waters.
Waters, surface. See Surface waters.
WCA agent means the city staff member responsible for the administration of the Minnesota
Wetland Conservation Act. (20)
Weapons, dangerous. See Dangerous weapons.
Week. The word "week" means seven days. (1)
Weight, gross. See Gross weight.
Wetland 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 attributes:
(a) Have a predominance of hydric soils;
(b) Are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
(c) Under normal circumstances support a prevalence of such vegetation; and
(d) 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 2½ or more acres in size. (19) (20)
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Wetland alteration means draining, grading, excavating, filling, removing healthy native
vegetation, or otherwise altering or destroying a wetland. (20)
Wetland Conservation Act (or WCA) means the Wetland Conservation Act of 1991, as
amended (M.S. § 103F.612 et seq.), and the accompanying rules of the Minnesota Board of
Water and Soil Resources (Minnesota Rules Chapter 8420, as amended). (20)
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 years old, unless accompanied by documentation
demonstrating:
(a) The delineation has been reviewed in the past three years by a person trained and
experienced in the application of the 1987 Corps of Engineers Wetlands Delineation
Manual; and
(b) 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.
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)
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.
Wild animal means any animal that is wild, ferocious or vicious by nature, habit, disposition or
character. Animals in this category include, but are not limited to, any ape, [including
chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah,
crocodile, coyote, deer, [including all members of the deer family such as elk, antelope and
moose], elephant, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma, also
known as cougar, mountain lion or panther, rhinoceros, any snake which is poisonous or any
constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as
wolf/dog mixes.
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, covering, including but not limited to vinyl, cling, or mounted surfaces that covers all
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or a portion of the windowpane to block the view into a building.
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 acre or
more, any groupings of ten or more significant trees, or any grouping of trees with at least one
special tree and where 25 percent or more of other trees are significant trees. (20)
Work the earth. See Earth work.
Workman-like. 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)
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 chapter 20. (20)
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 the front yard to the rear yard between the principal
building and the side lot line, measured perpendicular to the building from the closest point of
the building to the side lot line. (20)
Year. Unless otherwise designated, the word "year" means a calendar year. (1)
Zone, primary. See Primary zone.
Zone, secondary. See Secondary zone.
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Zoning administrator means the community development director or designee. (20)
Zoning lot. See Lot, zoning.
(Ord. No. 234, § 1, 2-27-95; Ord. No. 324, § 1, 7-9-01; Ord. No. 355, § 1, 11-8-03; Ord. No.
390, § 1, 3-14-05; Ord. No. 395, §§ 1, 2, 5-9-05; Ord. No. 405, § 1, 12-12-05; Ord. No. 413,
§ 1, 2-13-06; Ord. No. 427, §§ 1—3, 9-25-06; Ord. No. 440, § 1, 2-12-07; Ord. No. 448, §§
1, 2, 5-14-07; Ord. No. 480, § 1, 6-22-09; Ord. No. 481, § 1, 8-10-09; Ord. No. 506, §§ 1, 2,
6-28-10; Ord. No. 512, § 1, 11-22-10; Ord. No. 574, § 1, 10-22-12; Ord. No. 595, §§ 1, 2, 5-
12-14; Ord. No. 611, § 1, 12-14-15; Ord. No. 619, § 1, 2-27-17; Ord. No. 621, § 1, 5-8-17;
Ord. No. 628, § 1, 12-11-17; Ord. No. 632, § 1, 6-11-18; Ord. No. 636, § 1, 12-10-18; Ord.
No. 661, § 1, 10-12-20; Ord. No. 662, § 1, 12-7-20)
State law reference(s)—Interpretation of statutes generally, M.S. § 645.001 et seq.
SECTION 2: AMENDMENT “Sec 20-1251 Purpose And Findings” of the
Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1251 Purpose And Findings
(a) Purpose. The purpose of this sign ordinance is intended to establish an effective means
of communication in the city, maintain and enhance the aesthetic environment and the
city's ability to attract sources of economic development and growth, to improve
pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby
public and private property, and to enable the fair and consistent enforcement of these
sign regulations. It is the intent of this section, to promote the health, safety, general
welfare, aesthetics, and image of the community by regulating signs that are intended
to communicate to the public, and to use signs which meet the city's goals:
(1) Establish standards which permit businesses a reasonable and equitable
opportunity to advertise their name and service;
(2) Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
(3) Ensure that signs do not create safety hazards;
(4) Ensure that signs are designed, constructed, installed and maintained in a
manner that does not adversely impact public safety or unduly distract
motorists;
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(5) Preserve and protect property values;
(6) Ensure signs that are in proportion to the scale of, and are architecturally
compatible with, the principal structures;
(7) Limit temporary commercial signs and advertising displays which provide an
opportunity for grand opening and occasional sales events while restricting
signs which create continuous visual clutter and hazards at public right-of-way
intersections.
(b) It is not the purpose or intent of this of this sign ordinance to regulate the message
displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any
building design or any display not defined as a sign, or any sign that cannot be viewed
from outside a building.
(c) Signs containing noncommercial speech are permitted anywhere that advertising or
business signs are permitted, subject to the same regulations applicable to such signs.
(d) Findings. The city finds it is necessary for the promotion and preservation of the
public health, safety, welfare and aesthetics of the community that the construction,
location, size and maintenance of signs be controlled. Further the city finds:
(1) Permanent and temporary signs have a direct impact on, and a relationship to,
the image of the community;
(2) The manner of installation, location and maintenance of signs affects the
public health, safety, welfare and aesthetics of the community;
(3) An opportunity for a viable identification of community business and
institutions must be established;
(4) The safety of motorists, cyclists, pedestrians and other users of public streets
and property is affected by the number, size, location and appearance of signs
that unduly divert the attention of drivers;
(5) Installation of signs suspended from, projecting over, or placed on the tops of
buildings, walks or other structures may constitute a hazard during periods of
high winds and an obstacle to effective firefighting and other emergency
service;
(6) Uncontrolled and unlimited signs adversely impact the image and aesthetic
attractiveness of the community and, thereby, undermine economic value and
growth;
(7) Uncontrolled and unlimited signs, particularly temporary signs, which are
commonly located within or adjacent to public right-of-way, or are located at
driveway/street intersections, result in roadside clutter and obstruction of
views of oncoming traffic. This creates a hazard to drivers and pedestrians and
also adversely impacts a logical flow of information.
(e) Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby declares that it would
have adopted this Ordinance in each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
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clauses, or phrases be declared invalid.
(Ord. No. 231, § 1, 1-9-95)
SECTION 3: AMENDMENT “Sec 20-1253 Variances” of the Chanhassen
Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1253 Variances
The city council, upon the recommendation of the planning commission, may grant a variance
from the requirements of this article where it is shown that by reason of topography or other
conditions, strict compliance with the requirements of this article would cause a practical
difficulty ; provided that a variance may be granted only if the variance does not adversely
affect the spirit or intent of this article. Written application for a variance shall be filed with the
planning department and shall be supplemented with reproducible copies of the proposed sign.
The application shall be processed in conformance with the public hearing requirements
dictated for variances in section 20-29. No variance shall be granted by the city council unless
it has received the affirmative vote of at least simple majority of the full city council.
(Ord. No. 231, § 1, 1-9-95)
SECTION 4: AMENDMENT “Sec 20-1254 Permit Generally” of the
Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1254 Permit Generally
(a) Except as provided in section 20-1255, no sign or sign structure shall be erected,
constructed, altered, rebuilt or relocated until a permit has first been issued by the city.
(b) The following information for a sign permit shall be supplied by an applicant if
requested by the city:
(1) Name, address and telephone number of person making application.
(2) A site plan to scale showing the location of lot lines, building structures,
parking areas, existing and proposed signs and any other physical features.
(3) Plans, location, specifications, materials, method of construction and
attachment to the buildings or placement method in the ground.
(4) Copy of stress sheets and calculations.
(5) Written consent of the owner or lessee of any site on which the sign is to be
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erected.
(6) Any electrical permit required and issued for the sign.
(7) Such other information as the city shall require to show full compliance with
this chapter and all other laws and ordinances of the city. Information may
include such items as color and material samples.
(8) Receipt of sign permit fee as established by the city's annual fee schedule.
(9) Any sign permit application that fails to meet the requirements of this article
shall be denied by the city.
(Ord. No. 231, § 1, 1-9-95)
SECTION 5: AMENDMENT “Sec 20-1255 Signs Allowed Without Permit”
of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1255 Signs Allowed Without Permit
The following signs are allowed without a permit:
(a) Informational signs erected or required by a governmental entity or agency, including
safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic
signs, signs indicating scenic or historical points of interest, memorial plaques and the
like. Signs shall not exceed 16 square feet.
(a) Site signage subject to the following conditions:
(1) Shall be a maximum of 4 square feet.
(2) The maximum height of the sign shall not exceed five feet from the ground.
(3) Shall not be placed to affect the safety of traffic or pedestrians.
(4) The placement of signs on the property shall not adversely affect adjacent
properties or the general appearance of the site from public right-of-way
(b) Windows signs subject to the following conditions:
(1) A maximum of 50% of all windows may contain a window sign. Window
signs shall be limited to 30% of the window area on which it is located.
a. Window signs located on entrance doors to a business are exempt
from this regulation.
(2) Signage visible through windows shall not blink, flash, scroll or have any
constant illumination, when illuminated, nor be excessively bright as
determined by the city.
(c) Window coverings allowed under the following conditions:
(1) As required by local, state, or federal law.
(2) Screening or privacy.
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(3) Windows coverings shall comply with design standards for commercial,
industrial, and office institutional developments, and design standards for the
central business district zoning district.
(d) Temporary commercial signs, searchlights, banners, etc. subject to the following
conditions:
(1) Banners attached to the principle structure shall not exceed 140 square feet.
(2) Detached banners shall not exceed 32 square feet and six feet in height.
(3) Portable A-frame signs shall not exceed 8 square feet and four feet in height.
(4) Non-portable signs shall be a maximum of 25 square feet and eight feet in
height.
(5) A business may display an attached or detached banner or portable sign on up
to four occasions per calendar year, with a maximum ten-day display period
for each occasion.
(6) Portable signs and detached banners shall not be located in the public right-of-
way.
(7) No more than one portable sign or detached banner shall be permitted per
business tenant at one time.
(8) Inflatable advertising devices for each site or center are limited to two
occasions per calendar year with each occasion not to exceed seven days. The
inflatable device shall not exceed 25 feet in height.
(9) The use of searchlights shall be limited to three occasions per year with each
occasion not to exceed two days. The use of searchlights shall be controlled in
such a way so as not to become a nuisance or safety hazard. Searchlights may
not be illuminated between the hours of 12:00 midnight and 6:00 a.m.
(10) Shall be maintained in good condition.
(e) Temporary Non-Commercial Signs subject to the following conditions:
(1) Signs shall not be located within public right-of-way.
(2) Shall not exceed 6 square feet.
(3) Shall not exceed 5 feet in height, as measured from grade to top of sign
structure.
(4) Shall be maintained in good condition.
(Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 1, 4-8-96; Ord. No. 377, §§ 139, 140, 5-24-04;
Ord. No. 423, §§ 9, 10, 6-12-06; Ord. No. 431, § 2, 9-25-06; Ord. No. 459, § 1, 9-24-07; Ord.
No. 468, § 1, 8-11-08; Ord. No. 507, §§ 4, 5, 6-28-10; Ord. No. 510, § 1, 9-13-10; Ord. No.
632, § 18, 6-11-18)
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SECTION 6: AMENDMENT “Sec 20-1256 Permit For Temporary Signs,
Searchlights, Banners, Etc.” of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1256 Permit For Temporary Signs, Searchlights, Banners, Etc.
SECTION 7: AMENDMENT “Sec 20-1258 Legal Action” of the
Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1258 Legal Action
If the city Community Development Director or an administrative officer finds that any sign
regulated by this article is prohibited as to size, location, content, type, number, height or
method of construction; or erected without a permit first being granted to the installer of the
sign to the owner of the property upon which the sign has been erected or is improperly
maintained, or is in violation of any other provision of this chapter, they shall give written
notice of such violation to the owner or permittee thereof. If the permittee or owner fails to
remove or alter the sign so as to comply with the provisions set forth in this chapter within ten
calendar days following receipt of said notice:
(a) Such permittee or owner may be prosecuted for violating this chapter and if convicted
shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate
offense.
(Ord. No. 231, § 1, 1-9-95)
SECTION 8: AMENDMENT “Sec 20-1259 Prohibited Signs” of the
Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1259 Prohibited Signs
The following signs are prohibited:
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(a) Signs on or attached to equipment, such as semitruck trailers.
(b) Motion signs and flashing signs, except barber poles
(c) Roof signs, except that a business sign may be placed on the roof, facia or marquee of
a building provided it does not extend above the highest elevation of the building,
excluding chimneys, and provided:
(1) Roof signs shall be thoroughly secured and anchored to the frames of the
building over which they are constructed and erected.
(2) No portion of roof signs shall extend beyond the periphery of the roof.
(d) Wall graphics and design treatments depicting corporate logos and company symbols.
(e) Temporary signs or banners except as permitted in section 20-1255.
(f) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of-
way.
(g) Bench signs are prohibited except for those installed/owned by a governmental unit
and at designated transit stops as authorized by the local transit authority.
(h) Billboards.
(i) Temporary flag signs.
(Ord. No. 231, § 1, 1-9-95; Ord. No. 424, § 1, 7-24-06; Ord. No. 431, § 3, 9-25-06; Ord. No.
482, § 1, 8-10-09)
SECTION 9: AMENDMENT “Sec 20-1265 General Location Restrictions”
of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1265 General Location Restrictions
(a) No freestanding sign or sign structure shall be closer than ten feet to any lot line. Signs
shall not be located in the sight distance triangle of any private driveway or access.
Signs shall not be located in any sight distance triangle of a public intersection.
(b) Signs on nonresidential property which are immediately adjacent to residential uses or
districts shall be positioned so that the copy is not visible along adjoining side and rear
yard property lines.
(c) No sign, other than governmental signs, shall be erected or placed upon any public
street, right-of-way, or project over public property unless approved by the city and
contingent upon an approved encroachment agreement. Temporary signs may not be
erected or placed in a public easement unless approved by the city. No sign shall be
placed within any drainage or utility easement without an approved encroachment
agreement.
(d) Signs shall not create a hazard to the safe, efficient movement of vehicular or
pedestrian traffic. No private sign shall duplicate traffic controls, unless the sign is
intended to direct traffic on the premises.
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(e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks,
fences or trees, nor interfere with any electric light, power, telephone or telegraph
wires or the supports thereof.
(f) No sign or sign structure shall be erected or maintained that prevents free ingress or
egress from any door, window or fire escape. No sign or sign structure shall be
attached to a standpipe or fire escape.
(g)
(Ord. No. 231, § 1, 1-9-95; Ord. No. 431, § 5, 9-25-06; Ord. No. 451, § 11, 5-29-07)
SECTION 10: AMENDMENT “Sec 20-1267 Uniformity Of Construction,
Design, Etc.” of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1267 Uniformity Of Construction, Design, Etc.
(a) All permanent signs shall be designed and constructed in a uniform manner and, to the
extent possible, as an integral part of the building's architecture. Multi-tenant
commercial and industrial buildings shall have uniform signage.
(1) All wall signage shall use individual dimension letters, at least one-half inch
deep.
(2) Wall signs shall be either illuminated or non-illuminated and shall meet the
following criteria:
a. Backlit or exposed lighting shall be architecturally compatible with
the building and other signage if in a multi-tenant building.
b. If a neon sign is illuminated by exposed neon or LED, the luminous
shall not to exceed 5,000 Nits between the hours of civil sunrise and
civil sunset and not to exceed 500 Nits between the hours of civil
sunset and civil sunrise.
c. If a sign is non-illuminated, downcast decorative lighting compatible
with the building architecture may be used.
(b) All permanent monument or pylon signs shall be designed and constructed in a
uniform manner and, to the extent possible, as an integral part of the building's
architecture. Multi-tenant commercial and industrial buildings shall have uniform
signage.
(1) Letters on a monument sign shall use individual dimension letters, at least one-
half inch deep.
(2) In multi-tenant buildings, tenant panels may be used and shall be exempt from
the individual dimension letter requirement.
(3) All on-premise freestanding signs must have structural supports covered or
concealed with pole covers. The actual structural supports should not be
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exposed, and the covers should be architecturally and aesthetically designed to
match the building.
(4) No sign shall be attached or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the building
official. Any canopy or awning sign shall have a minimum of an eight-foot
clearance.
(5) Illuminated signs shall be shielded to prevent lights from being directed at
oncoming traffic in such brilliance that it impairs the vision of the driver. No
such signs shall interfere with or obscure an official traffic sign or signal; this
includes indoor signs which are visible from public streets. Illumination for a
sign or groups of signs shall not exceed one-half foot candle in brightness as
measured at the property line.
(Ord. No. 231, § 1, 1-9-95; Ord. No. 423, § 11, 6-12-06; Ord. No. 468, § 3, 8-11-08; Ord. No.
485, § 2, 10-12-09; Ord. No. 507, § 6, 6-28-10; Ord. No. 544, § 1, 6-25-12)
SECTION 11: AMENDMENT “Sec 20-1275 Construction Standards” of the
Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1275 Construction Standards
SECTION 12: AMENDMENT “Sec 20-1276 Electronic Message Center
Signs” of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1276 Electronic Message Center Signs
Electronic message center (EMC) signs and time and temperature signs shall comply with the
following standards:
(a) No electronic message center sign may be erected that, by reason of position, shape,
movement or color interferes with the proper functioning of a traffic sign, signal or
which otherwise constitutes a traffic hazard.
(b) Public/Community signs, electronic and nonelectronic message center space used on a
sign shall not exceed the following display area:
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Sign display area EMC Display
0—24 sq. ft. 50%
25—64 sq. ft. 45%
65—80 sq. ft. 40%
(c) Electronic message center signs for gas stations shall meet the following requirements:
(1) One single or double-sided EMC display area is permitted but shall not exceed
8 square feet per side of a monument or pylon sign.
(d) Electronic message center displays shall not exceed 5,000 Nits between the hours of
civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil
sunset and civil sunrise.
(e) Electronic message center signs shall not cause direct glare, nor become a distraction
due to excessive brightness.
(f) The lamp wattage and luminance level in candelas per square meter (Nits) shall be
provided at the time of permit applications.
(g) There shall be no electronic message center signs in the front setback area within 50
feet of a street intersection (as measured from intersecting right-of-way lines) except
where lighting for such sign is indirect or diffused and in no way constitutes a traffic
hazard.
(h) There shall be no electronic message center signs within 125 feet of a residential
district.
(i) Flashing, special effects or animated scenes on electronic message center signs shall be
prohibited.
(j) Electronic message center signs shall not be located in agricultural or residential
zoning districts.
(k) Electronic message center sign display use for signs within 500 feet of single-family
residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
(Ord. No. 482, § 2, 8-10-09)
SECTION 13: AMENDMENT “Sec 20-1302 Neighborhood Business,
Fringe Business And Office And Institutional Districts” of the Chanhassen Municipal Code is
hereby amended as follows:
A M E N D M E N T
Sec 20-1302 Neighborhood Business, Fringe Business And Office And Institutional Districts
The following signs shall be allowed by permit in any OI, BF or BN districts:
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(a) Monument Sign. One monument business or institutional sign not exceeding 24 square
feet of sign display area shall be permitted. Such sign shall be located at least ten feet
from any property line and shall not exceed five feet in height.
(b) Wall business signs.
(1) One wall business sign shall be permitted on the street frontage for each
business occupant within a building. In buildings where individual entrances
do not front on a public street, a wall sign may be permitted on the entrance
facade consistent with the approved comprehensive sign plan.
(2) The sign may contain the name, logo, company symbols, display messages,
pictorial presentations, illustrations, or decorations of the business only and
shall have a sign display area that is in compliance with the district standards.
Wall business signs shall not be mounted upon the wall of any building which
faces any adjoining residential district without an intervening building or
street.
(3) The total of all wall mounted sign display areas for each business shall not
exceed the square footage established in the following table:
(4) Wall Area in Square Feet Maximum Percentage of Wall Area
0-600 15%
601-1,200 13%
1,201-1,800 11%
1,801-2,400 9%
2,401-3,200 7%
3,201-4,500 5%
4,501+ 3% not to exceed 275 square feet
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(c) Projecting Sign. A projecting sign may be permitted in accordance with the standards
listed below.
(1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface.
(2) Projecting signs shall only be located on the first floor and shall not exceed 6
square feet in sign area.
(3) Projecting signs are limited to a projection distance of not more than four (4)
feet. This is measured from edge of building face to outer edge of the
projecting sign furthest from the building face.
(d) Canopy Sign. Canopy signs may be permitted as follows:
(1) A canopy sign shall not be installed in addition to a wall sign.
(2) Shall be limited to one per street frontage for each business occupant within a
building.
(3) Signs shall adhere to permitted wall sign area.
(e) Awning Sign. Awning Signs subject to the following conditions:
(1) Each business occupant or owner shall be limited to one awning sign.
(2) Shall not exceed 30% of the awning area, not to exceed 8 square feet.
(3) Shall not project from the surface of the awning.
(f) Public/Community Sign. Public/community signs on property owned or leased by a
governmental unit and operated by a governmental unit.
(1) One monument sign shall be permitted per site for each street frontage. Such
sign shall not exceed 120 square feet in display area nor be greater than eight
feet in height.
(2) Electronic message center signs may be permitted as part of the sign display
area. Such sign does not require a conditional use permit.
(3) Electronic message center signs shall comply with the standards as stated in
20-1276:
(Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 143, 5-24-04; Ord. No. 409, § 7, 1-9-06; Ord.
No. 409, § 7, 1-9-06; Ord. No. 468, §§ 4, 5, 8-11-08; Ord. No. 482, § 3, 8-10-09)
SECTION 14: AMENDMENT “Sec 20-1303 Highway, General Business
Districts And Central Business Districts” of the Chanhassen Municipal Code is hereby
amended as follows:
A M E N D M E N T
Sec 20-1303 Highway, General Business Districts And Central Business Districts
The following signs shall be allowed by permit in any "BH" and"BG" District:
The following table lists the standards for freestanding and ground low profile signs in the BH
or BG zone.
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Principal
Structure
Pylon Ground Low Profile
Height (feet) Sign Size (square
feet) Height (feet) Sign Size (square
feet)
50,000 sq. ft. or
greater 20 80 10 80
Less than 50,000
sq. ft. 16 64 8 64
(a) Pylon Sign. Pylon signs are permitted on parcels that abut state highway corridors
only. One pylon identification sign shall be permitted. This sign may identify the name
of the center or the major tenants. The height and square footage of the sign shall be
based on the square footage of the principal structure as shown in the table. Such signs
shall be located at least ten feet from any property line.
(b) Monument Sign. One monument business sign shall be permitted per each outlot or
separate building pad that has street frontage. The height and square footage of the
sign shall be based on the table above. Such signs shall be located at least 300 feet
from any other pylon or ground sign on the parcel and at least ten feet from any
property line.
(c) Wall business signs.
(1) One wall business sign shall be permitted on the street frontage for each
business occupant within a building. In buildings where individual entrances
do not front on a public street, a wall sign may be permitted on the entrance
facade consistent with the approved comprehensive sign plan.
(2) Wall business signs shall not be mounted upon the wall of any building which
faces any adjoining residential district without an intervening building or
street.
(3) The total of all wall mounted sign display areas for each business shall not
exceed the square footage established in the following table:
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(4)
(d) Projecting Sign. A projecting sign may be permitted in accordance with the standards
listed below.
(1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface.
(2) Projecting signs shall only be located on the first floor and shall not exceed 6
square feet in sign area.
(3) Projecting signs are limited to a projection distance of not more than four (4)
feet. This is measured from edge of building face to outer edge of the
projecting sign furthest from the building face.
(e) Canopy Sign. Canopy signs may be permitted as follows:
(1) A canopy sign shall not be installed in addition to a wall sign.
(2) Shall be limited to one per street frontage for each business occupant within a
building.
(3) Signs shall adhere to permitted wall sign area.
(f) Awning Sign. Awning Signs subject to the following conditions:
(1) Each business occupant or owner shall be limited to one awning sign.
(2) Shall not exceed 30% of the awning area, not to exceed 8 square feet.
(3) Shall not project from the surface of the awning.
(g) Drive-Through Sign. . One sign per restaurant drive-through aisle is permitted with a
drive-through facility. Such sign shall not exceed 45 square feet in size, nor greater
than eight feet in height. Such sign is permitted in addition to any other sign permitted
in the zoning district.
(Ord. No. 314, § 2, 3-26-01; Ord. No. 377, §§ 144, 145, 5-24-04; Ord. No. 409, § 8, 1-9-06;
Ord. No. 468, § 4, 8-11-08; Ord. No. 628, § 49, 12-11-17)
SECTION 15: AMENDMENT “Sec 20-1304 Industrial Office Park Signs”
of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Wall Area in Square Feet Maximum Percentage of Wall Area
0-600 15%
601-1,200 13%
1,201-1,800 11%
1,801-2,400 9%
2,401-3,200 7%
3,201-4,500 5%
4,501+ 3% not to exceed 275 square feet
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Sec 20-1304 Industrial Office Park Signs
The following signs shall be allowed by permit in any IOP district:
(a) Pylon Sign. Pylon signs are permitted on parcels that abut state highway corridors
only. One pylon or one ground low profile industrial office park identification sign
shall be permitted. A pylon sign shall not exceed 80 square feet on a state highway in
sign area and shall not exceed 20 feet in height. Such sign shall be located at least ten
feet from any property line.
(b) Monument Sign. One monument business sign shall be permitted per site for each
street frontage. Such sign shall not exceed 64 square feet, except on a state highway, in
display area nor be greater than eight feet in height. Such sign shall be located at least
ten feet from any property line. A ground low profile on a state highway may not
exceed 80 square feet and eight feet in height. Such sign shall be located at least ten
feet from any property line.
(c) Wall business signs.
(1) One wall business sign shall be permitted on the street frontage for each
business occupant within a building. In buildings where individual entrances
do not front on a public street, a wall sign may be permitted on the entrance
facade consistent with the approved comprehensive sign plan.
(2) The sign may contain the name, logo, company symbols, display messages,
pictorial presentations, illustrations, or decorations of the business and shall
have a sign display area that is in compliance with the district standards. Wall
business signs shall not be mounted upon the wall of any building which faces
any adjoining residential district without an intervening building or street.
(3) The total of all wall mounted sign display areas for each business shall not
exceed the square footage established in the following table:
(4)
Wall Area in Square Feet Maximum Percentage of Wall Area
0-600 15%
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601-1,200 13%
1,201-1,800 11%
1,801-2,400 9%
2,401-3,200 7%
3,201-4,500 5%
4,501+ 3% not to exceed 275 square feet
(Ord. No. 231, § 1, 1-9-95; Ord. No. 314, § 3, 3-26-01; Ord. No. 377, §§ 146, 147, 5-24-04;
Ord. No. 409, § 9, 1-9-06; Ord. No. 452, § 4, 7-9-07; Ord. No. 459, § 2, 9-24-07; Ord. No.
468, § 4, 8-11-08)
SECTION 16: ADOPTION “Sec 20-1305 Central Business District Signs”
of the Chanhassen Municipal Code is hereby added as follows:
A D O P T I O N
Sec 20-1305 Central Business District Signs(Added)
Sec 20-1305 Central Business District Signs
(a) Wall Sign. One wall sign shall be permitted per street frontage for each business
occupant within a building. In buildings where individual entrances do not front on a
public street, a wall sign may be permitted on the entrance façade.
(b)
(c) Monument Sign. One monument sign shall be permitted per building and shall be
limited to 4 feet in height and 32 square feet in size. Such signs shall be located at least
Wall Area in Square Feet Maximum Percentage of Wall Area
0-600 9%
601-1,200 8%
1,201-1,800 7%
1,801-2,400 6%
2,401-3,200 5%
3,201-4,500 4%
4,501+ 3% not to exceed 275 square feet
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ten feet from any property line.
(d) Pylon Sign. Pylon signs are prohibited.
(e) Projecting Sign. One projecting sign is permitted per business in accordance with the
standards listed below.
(1) Must provide a clearance of 8’ from the adjacent sidewalk or finished surface.
(2) Projecting signs shall only be located on the first floor and shall not exceed 6
square feet in sign area.
(3) Projecting signs are limited to a projection distance of not more than four (4)
feet. This is measured from edge of building face to outer edge of the
projecting sign furthest from the building face.
(f) Canopy Sign. Canopy signs may be permitted as follows:
(1) A canopy sign shall not be installed in addition to a wall sign.
(2) Shall be limited to one per street frontage for each business occupant within a
building.
(3) Signs shall adhere to permitted wall sign area.
(g) Awning Sign. Awning Signs subject to the following conditions:
(1) Each business occupant or owner shall be limited to one awning sign.
(2) Shall not exceed 30% of the awning area, not to exceed 8 square feet.
(3) Shall not project from the surface of the awning.
(h) Signage shall adhere to the Downtown Design Guidelines.
SECTION 17: AMENDMENT “Sec 20-1301 Agricultural And Residential
Districts” of the Chanhassen Municipal Code is hereby amended as follows:
A M E N D M E N T
Sec 20-1301 Agricultural And Residential Districts
The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R-16,
and residential PUD districts:
(a) Public and institutional signs. One monument or wall sign, not exceeding 24 square
feet of sign display area, shall be permitted on the premises of any public or
institutional property giving the name of the facility and nature of the use and
occupancy. Such sign shall be located at least ten feet from any property line, and shall
not exceed five feet in height.
(b) Area identification/entrance signs. Only one monument sign may be erected at the
entrance(s). Total sign area shall not exceed 24 square feet of sign display area, nor be
more than five feet high. More than one sign per entrance may be erected, provided
that the total sign area does not exceed 24 square feet. Any such sign or monument
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shall be designed with low-maintenance, high quality materials. The adjacent property
owner or a homeowners association shall be responsible for maintenance of the
identification/entrance sign and surrounding grounds and landscaped areas. Such sign
shall be located so as not to conflict with traffic visibility or street maintenance
operation, and shall be securely anchored to the ground.
(c) Nonresidential uses. Only one monument sign may be permitted on the site. The total
sign area shall not exceed 24 square feet of sign display area, nor be more than five
feet in height.
(Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 2, 4-8-96; Ord. No. 314, § 1, 3-26-01; Ord. No.
377, § 142, 5-24-04)
SECTION 2. This ordinance shall be effective immediately after its passage and publication.
PASSED AND ADOPTED this 13th day of April 2026 by the City Council of the City of
Chanhassen, Minnesota.
ATTEST:
Jenny Potter, City Clerk Elise Ryan, Mayor
(Published in the Sun Sailor on April 23, 2026)
Docusign Envelope ID: 745A2569-C32F-8A4D-8070-C37534B7F309
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES,
MINNESOTA
SUMMARY OF
ORDINANCE NO.759
AN ORDINANCEAMENDING
CHAPTER 1 DEFINITIONS
AND CHAPTER 20, ZONING
OF THE CHANHASSEN
CITY CODE
The purpose of these Code
Amendments are as follows:
Amend Section l-2 Rules of
Construction and Definitions to
conform with federal law update
derinitions lor curent language,
and renbve definitions that are no
longer applicable.
Amend Article 20-)qvl Signs
to conform with lederal law, re-
move unlawful regulations, create
efficiencies in application of code,
implement downtown design
guidelines, and expand signage
opportunities for commercial dis-
tricts.
This ordinance shall go into et
fect upon passage of the ordinance
by City Council.
A printed copy of Ordinance
No. 759 is available lor inspection
by any person during regular office
hours at the offic€ of the City Man-
agerlClerk.
PASSED, ADOPTED, AND AP-
PROVED FOR PUBLICATION this
13th day of April 2026 by the City
Council of the City ol Chanhassen,
Minnesota.
Published in the Sun Sailor
Apil23,2026
1 531 035
ss
I do solemly swear that the notice, as per the
proof, was published in the edition of the
SS M tka-Excelsior-Eden Prairie
with the known ollice of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties ot
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all ol
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, lor I successive week(s); the first
insertion being on 04/23 12026 and the last
insertion being on C/.12312026.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. $580.033
relating to the publication of mortgage
loreclosure notices: The newspaper complies
with the conditions described in $580.033,
subd. l, clause (l) or (2). It the newspapet's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion ol the newspape/s
circulation is in the latter county.
By
Designated Agent
Subscribed and sworn to or affirmed belore
me on0412312026
Notary Public
Rate Information:
(l) Lowest classified rate paid by commercial users
for comparable space:
599.99 per column inch
Ad ID r531035
HUERTA
PublicNotaU
NN