Chanhassen City Zoning Code

Conditional uses include those uses which are not usually allowed within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in division 2 of this article have been met.

(Ord. No. 80, Art. III, § 2(3-2-1), 12-15-86)

1. The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in article II, division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: Proposed land use building mapping and functions, circulation and parking areas, planting areas and treatment, sign locations and type, basic lighting concerns, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services.
2. Prior to filing an application for a conditional use, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense.

(Ord. No. 80, Art. III, § 2(3-2-2), 12-15-86; Ord. No. 474, § 4, 10-13-08)

The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location:

1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash.
8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance.
10. Will be aesthetically compatible with the area.
11. Will not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.

(Ord. No. 80, Art. III, § 2(3-2-3), 12-15-86; Ord. No. 377, § 23, 5-24-04)

1. In reviewing applications for conditional use permits, the planning commission and the council may attach reasonable conditions to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to the following:
   1. Controlling the number, area, bulk, height and location of such uses.
   2. Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe.
   3. Regulating off-street parking and loading areas where required.
   4. Utilities with reference to location availability and compatibility.
   5. Berming, fencing, screening, landscaping or other facilities to protect nearby property.
   6. Compatibility of appearance.
2. In determining conditions, special considerations shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses.
3. It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered.

(Ord. No. 80, Art. III, § 2(3-2-4), 12-15-86; Ord. No. 377, § 24, 5-24-04; Ord. No. 477, § 1, 1-26-09)

If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter.

(Ord. No. 80, Art. III, § 2(3-2-5), 12-15-86)

A conditional use permit shall be issued for a particular use and not for a particular person.

(Ord. No. 80, Art. III, § 2(3-2-6), 12-15-86)

If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council, after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void.

(Ord. No. 80, Art. III, § 2(3-2-8), 12-15-86; Ord. No. 377, § 25, 5-24-04)

1. Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council's review of the permit.
2. Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit.

(Ord. No. 80, Art. III, § 2(3-2-7), 12-15-86; Ord. No. 106, § 1, 8-14-89)

In addition to all other standards required by section 20-232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential districts.

(Ord. No. 377, § 26, 5-24-04)

The following conditions will apply to Agritourism activities:

1. Plans shall be required showing the location of all improvements, structures or proposed activity areas.
2. The site must be on and have access to a collector or minor arterial.
3. The minimum lot size shall be 20 acres.
4. The site must have 50% of its land being used as “agriculture” as defined in Sec. 1-2. “Rules of construction and definitions."
5. All structures and storage areas must be set back 50 feet from public rights-of-way and 150 feet from any adjacent single-family residences, or a minimum of 50 feet from a side lot line, whichever is greater.
6. The applicant shall provide a parking plan detailing size, capacity, and location. Parking areas shall be limited to on-site parking. Parking areas shall be set back 50 feet from public right-of-way unless screened. Accessible parking shall be shown on the plans and must be on an accessible surface. The number of accessible spaces shall be based on the maximum parking capacity.
7. Buildings used for Agritourism events must meet City building and fire codes in effect at the time of the use. Building requirements shall be based on occupancy. 
8. Hours of operation shall be from 8:00 a.m. to ½ hour after sunset.
9. Retail sales shall be limited to Agritourism-related items. This includes, but is not limited to, items that can be produced locally or grown on site, such as produce, honey, sweet corn, pumpkins, and gourds as well as non-edible items such as products and crafts produced or manufactured on site. Items promoting the establishments with its name are permitted, but retail space for these items is limited to 300 square feet.
10. All animals must comply with City Zoning Code requirements for petting farms section 20-264–(10).
11. Applicant must maintain emergency vehicle access to all areas on site and entrance and egress. The access to buildings and parking areas will require a proper road surface, which is able to provide support for emergency and fire vehicles.
12. Parking screening shall be in conformance with section 20-1181 of the Chanhassen City Code within 50 feet of a residence that is not located on the property subject to the Interim Use Permit for Agritourism.
13. The applicant must obtain all required State approvals, licensure and permits.
14. Vendors shall be limited to food trucks. The location of vendors shall be identified on the site plan.
15. The applicant shall include erosion and sediment controls on the permit submittal or provide justification for why erosion and sediment control may not be necessary. In addition, if City staff identify that erosion and sediment control issues are created or persist during the duration of the IUP, the City can require subsequent erosion and sediment control measures to mitigate against these issues. All appropriate temporary erosion and sediment control measures shall be maintained by the owner until permit is closed out.
16. Agritourism interim use sites are required to provide an initial analysis of the “before” and “after” operational traffic impacts to the abutting and surrounding road system resulting from proposed plans associated with the interim use and associated traffic movements and volumes in order to identify capacity deficiencies at affected intersections and to help identify feasible solutions to the deficiencies.
17. The applicant shall provide sanitary facilities for the site visitors. The use of and location of portable chemical toilets must be reviewed and approved as a condition of approval of an Agritourism use. The maintenance and use of chemical toilets shall be subject to the following: 
    1. Shall be securely anchored to the ground to prevent tipping.
    2. Shall be screened from public right-of-way and residential property with landscaping.
    3. Shall be serviced as operational plans require based on usage.
    4. Only models designed to minimize the potential for spilling may be used.
    5. Receipt of an annual permit from the City's Planning Department. The permit shall be issued unless the conditions of approval of this section have been violated. All permit applications shall be accompanied by the following information:
       1. Name, address, and phone number of applicant(s).
       2. Site plan showing proposed location of chemical toilet(s).
       3. Name, address, and phone number of chemical toilet supplier.
       4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance.
       5. A written description of how the applicant intends to screen the portable chemical toilet(s) from all views into the property.
18. Outdoor music with amplified sound shall require a special event permit pursuant to section 20-964 of the Chanhassen City Code.
19. Prior to commencing activities and demonstration involving equipment and machinery or the use of projectiles, the applicant shall establish safety practices, procedures and locations for such activities and provide to the City the plan for the established safety practices, procedures and locations.

The following applies to bed and breakfast establishments:

1. Two off-street parking spaces, plus one additional space per rental room must be provided.
2. There shall be no more than one employee in addition to the residents.
3. Establishment must be owner occupied.
4. Not more than five rooms may be rented. All rooms must be located in the principal dwelling except that one room may be located in a detached accessory structure.

(Ord. No. 377, § 26, 5-24-04)

The minimum lot size for a cemetery shall not be less than one acre.

1. Headstone and markers shall be of natural stone.
2. Maximum height of a headstone shall not exceed three feet in height above ground level, two feet six inches in width and six inches in thickness. An apron of at least four inches in width shall be placed around said marker or monument at a depth so as to assure no settling or movement of the marker or monument, which shall be made of concrete, which apron shall also be level with the surface of the ground, and which shall be affixed to the marker so as to prevent grass, weeds or other vegetation from growing between the marker and apron.
3. Installation of markers and monuments shall be provided adequate planking to protect turf and shall remove materials, equipment and refuse immediately upon completion of work.
4. Groundwater testing shall be done to determine high water table and springs located on the site.
5. Sufficient maintenance and perpetual care funds shall be in place.
6. Cemetery hours shall be from sunrise to sunset.
7. The site shall contain a minimum of ten parking spaces.
8. Access to the cemetery shall be by means of a collector or arterial roadway.
9. Mausoleums: Maximum size/height 20 feet must maintain district setbacks.

(Ord. No. 377, § 26, 5-24-04)

1. The following applies to churches located inside the Metropolitan Urban Services Area (MUSA):
   1. The site shall be located on a collector or arterial roadway as identified in the comprehensive plan or located so that access can be provided without conducting traffic through residential concentration.
   2. The structure must be set back 50 feet from all property lines.
   3. Parking areas shall be set back 25 feet from streets and nonresidential property.
   4. Lot coverage shall not exceed 70 percent of the site and the remainder is to be suitably landscaped in conformance with article XXV.
2. In addition to the criteria in subsection (a), the following applies to churches located outside the Metropolitan Urban Services Area:
   The following must be provided for review:
   1. Location of two drainfield sites.
   2. Two soil borings on each drainfield site for a total of four soil borings.
   3. No percolation tests for drainfield sites where the land slope is between zero and 12 percent.
   4. One percolation test per drainfield site where the land slope is between 13 and 25 percent.
   5. Areas where the land slope exceeds 25 percent shall not be considered as a potential soil treatment site.
   6. The sewage treatment system must be in conformance with chapter 19, article IV.
   7. School and day care uses accessory to the church use are not permitted unless approved by the city council.

(Ord. No. 377, § 26, 5-24-04; Ord. No. 628, § 17, 12-11-17)

The following applies to commercial kennels, stables and riding academies:

1. The structure must be in compliance with chapter 5, article III.
2. The site must be located on a collector street.
3. The structure must be a minimum of 200 feet from wetland area.

(Ord. No. 377, § 26, 5-24-04)

The following applies to day care centers:

1. The site shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements.
2. Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas.
3. Each center shall obtain all applicable state, county and city licenses.

(Ord. No. 377, § 26, 5-24-04)

Electrical distribution and underground electric distribution substations are subject to the following conditions:

1. The distribution and underground electric distribution substations must be served by a collector or major arterial street as designated in the comprehensive plan.
2. The distribution and underground electric distribution substations will not have sanitary facilities and will not be used for habitation.
3. The distribution and underground electric distribution substations will be located on at least five acres of property.
4. A security fence as specified in the National Electric Safety Code shall surround the distribution and underground electric distribution substations.
5. A landscaping plan shall be submitted for city approval.
6. Distribution and underground electric distribution substations shall be a minimum of 500 feet from single-family residences.
7. A summary of current research regarding the health effects of EMF levels, conducted by health and scientific professionals, including those who do and do not receive utility sponsorship.
8. Provide EMF levels under maximum and average anticipated loading at the base of the utility poles, underneath the wires between the poles, at ground level above underground wires, at the edge of the property line, at the edge of the closest habitable building, and at the point above ground where there would be the greatest EMF level.
9. Reasonable and prudent measures to minimize EMF levels along all alternative electric line routes.
10. Depictions of the views of the proposed facility, if above ground, from at least two directions selected by city staff.
11. The site is guided office/industrial on the City of Chanhassen Land Use Plan.

(Ord. No. 377, § 26, 5-24-04; Ord. No. 390, § 2, 3-14-05)

1. Hours of operation shall be from sunrise to sunset.
2. Soil must be tested to determine fertilizing requirements. If necessary, the applicant/owner/lessee shall use slow release fertilizers applied at low rates or only as needed, use natural organic fertilizers whenever possible. The use of fertilizers shall be prohibited within the floodplain. Only phosphorous-free fertilizers shall be used.
3. The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife and the environment.
4. The applicant/owner/lessee shall apply for and obtain permits from the appropriate regulatory agencies, i.e., Minnesota Pollution Control Agency, Minnesota Department of Health, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval.
5. Annual reports of fertilizer use shall be provided to the city.
6. A clubhouse may be permitted on the site. The clubhouse must be shown on the site plan and must comply with all building and zoning requirements.
7. A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20 percent of one floor. A 3.2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code. Retail sales are limited to food, beverages and golf-related items. A wine license is allowed provided the applicant applies and receives approval of a wine license in accordance with City Code and the site contains a restaurant meeting the state licensing requirements.
8. All maintenance and other equipment must be kept in a screened storage area.
9. The golf course must be accessed from a collector or arterial roadway.
10. The site design shall minimize golf ball hazards.
11. Hours of maintenance operation shall be limited to sunrise to sunset.
12. No outside speaker systems shall be allowed without approval from the city council.
13. A water consumption and use study must be submitted to the city for review.

(Ord. No. 377, § 26, 5-24-04; Ord. No. 451, § 2, 5-29-07; Ord. No. 603, § 1, 2-23-15)

The following applies to golf driving ranges with or without a miniature golf course:

1. The location of the driving range is limited to being adjacent to Trunk Highway 5 and County Road 61 (Flying Cloud Drive) and access must be from a collector or arterial which leads to Trunk Highway 5 or County Road 61 (Flying Cloud Drive).
2. Hours of operation shall be from 7:00 a.m. to 9:00 p.m.
3. Provision of adequate parking areas and submission of landscaping plan shall be in conformance with article VIII of this chapter.
4. No site shall be located within 500 feet of a single-family residence.
5. Buildings on the site may not exceed 800 square feet and shall be painted in earth tones.
6. A retail pro shop is permitted. Only prepackaged food may be sold with no commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the applicant applies for and receives approval of a liquor license in accordance with City Code. A wine license is allowed provided the applicant applies for and receives approval of a wine license in accordance with City Code and state licensing requirements. Retail sales are limited to food, beverages, and golf related items.

(Ord. No. 377, § 26, 5-24-04)

The following conditions will apply to Detached Accessory Dwelling Units

1. Height - no taller than the principal structure. In the A2 and RR districts, height of Detached Accessory Dwelling Unit may exceed the height of the principal structure if located above a garage but shall not exceed the maximum height restriction of the underlying zoning district.
2. Setbacks - shall meet all principal structure building setbacks required by the underlying zoning district.
3. Size - shall be at least 200 square feet in size but less than 960 square feet in area.
4. Bedrooms - no more than one bedroom.
5. Number of Detached Accessory Dwelling Units - no more than one ADU allowed on any one property inclusive of both attached, internal, and detached ADUs.
6. Structure - shall have a permanent foundation with no wheels.
7. Impervious Lot Coverage - Maximum impervious lot coverage standards established by the underlying zoning district shall be adhered to.
8. Owner Occupancy - An owner of the property that includes an accessory dwelling unit that is detached from the principal residential structure must occupy at least one (1) dwelling unit on the zoning lot as their primary place of residence. If an owner is unable or unwilling to fulfill the requirements of this section, the owner shall remove those features of the accessory dwelling unit that make it a dwelling unit. Failure to do so will constitute a violation of this section.
9. Rental - Detached Accessory Dwelling Units may not be used as rental properties, including short-term rentals, as defined by the City Code.
10. Architectural Design - Detached Accessory Dwelling Units shall be generally consistent with the principal structure on the lot as determined by the Community Development Director.
11. Parking - Driveway access. No additional driveway access to a public or private road will be allowed for a Detached Accessory Dwelling Unit.
12. Utilities - Unless otherwise approved by the City Engineer, the Detached Accessory Dwelling Unit shall not have separate public sewer or water utility services from the principal structure
13. Building, Fire, Property Maintenance Code - Detached Accessory Dwelling Unit shall abide by and follow the Building, Fire, and Property Maintenance code.
14. Screening - Detached Accessory Dwelling Units may require year-round vegetative screening based on review by the City and at the sole discretion of the City Council.
15. Property Size - If the property is zoned Residential Single Family (RSF), that property shall have a minimum lot size of 1.0 acres to be considered through a conditional use permit process. Properties which are zoned as RSF but which do not have a minimum lot size of 1.0 acres may request a variance to allow a detached ADU.

The following applies to hospitals and health care facilities services:

1. The site shall have direct access to collector or arterial streets, as defined in the comprehensive plan.
2. Emergency vehicle access shall not be adjacent to or located across a street from any residential use.

(Ord. No. 377, § 26, 5-24-04)

1. Hours shall be 7:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m. Saturday and no hours of operation on Sundays or holidays.
2. A restoration plan shall be provided as part of the site plan review process.
3. Stormwater management plans shall be provided as part of the site plan review process. Plans shall be submitted with site plan prior to council meeting.
4. The site must be accessible via an arterial or collector roadway.
5. Road restoration security deposit must be submitted to the city.
6. Applicant shall submit a dust control plan.

(Ord. No. 377, § 26, 5-24-04)

The following conditions will apply to petting farms:

1. The site must be on and have access to a collector or minor arterial as identified in the comprehensive plan.
2. The minimum lot size shall be five acres.
3. The site must also be used as a residence. Only three full time equivalent nonresident employees shall be employed on the site per five acres.
4. All structures and storage areas must be set back 50 feet from public or private rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming.
5. Parking areas shall be screened from public or private rights-of-way and adjacent single-family residences.
6. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan.
7. No outdoor speaker systems shall be permitted without approval from the city council.
8. Signage shall comply with article XXVI of this chapter.
9. Retail sales shall be limited to 300 square feet in area. Retail sales shall be limited to petting farm related items.
10. Animals kept outside must have continual access to shelter to protect them from the elements and must be in a confined area with fencing.
11. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval.

(Ord. No. 377, § 26, 5-24-04)

The following applies to private stables:

1. Stables shall comply with chapter 5, article III.
2. Stables must be located a minimum of 200 feet from wetland areas.

(Ord. No. 377, § 26, 5-24-04)

Intent. The city recognizes that the use of lakeshore as a recreational beach lot may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit:

1. Recreational beach lots shall have at least 200 feet of lake frontage.
2. For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Metropolitan Urban Service Area boundary as depicted in the most recently adopted comprehensive plan.
   1. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot.
   2. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service Area boundary into the rural area, the urban recreational beach lot standards will apply.
3. Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides."
4. No boat, trailer, motor vehicle, including, but not limited to, cars, trucks, motorcycles, motorized mini-bikes, all-terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot.
5. No recreational beach lot shall be used for overnight camping.
6. Boat launches are prohibited.
7. Overnight storage or overnight mooring of motorized or nonmotorized watercraft on recreational beach lots shall be subject to the following limits:
   1. Docking:
      1. A maximum of three motorized or nonmotorized watercraft per allowed dock.
      2. If a recreational beach lot allows more than one dock, the allowed boats may be clustered.
   2. Storage on racks:
      1. Nonmotorized watercraft such as canoes, kayaks, paddleboards, windsurfers, sailboards, and small sailboats may be stored overnight only if they are stored on racks specifically designed for their storage.
      2. No more than six watercraft may be stored on a rack.
      3. The number of racks shall not exceed either four racks or the amount of storage necessary to permit one rack slip per lot served by the beach lot, whichever is less. Under no circumstance may a recreational beach lot have more than 24 rack slips.
   3. Sailboat moorings:
      1. A maximum of three sailboat moorings may be permitted, subject to the requirements of section 20-266(9).
8. A maximum of three docks may be permitted on recreational beach lots, subject to the following standards:
   1. The recreational beach lot must have at least 200 feet of shoreline per dock.
   2. The recreational beach lot must have at least 30,000 square feet for the first dock and an additional 20,000 square feet for each additional dock.
   3. No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length.
   4. No dock shall encroach upon any dock set-back zone.
9. A maximum of three sailboat moorings may be permitted on recreational beach lots subject to the following standards:
   1. The recreational beach lot must have at least 200 feet of shoreline per sailboat mooring.
10. Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot.
11. Docking of other watercraft or seaplanes is permissible at any time other than overnight.
12. No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone.
13. All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards.
14. All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To ensure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to:
    1. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities;
    2. Hours of use;
    3. Planting and maintenance of trees and shrubs;
    4. Erection of fences;
    5. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris;
    6. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access.
15. The use of and location of portable chemical toilets must be reviewed and approved as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreational beach lots shall be subject to the following:
    1. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake.
    2. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year.
    3. It shall be securely anchored to the ground to prevent tipping.
    4. It shall be screened from the lake and residential property with landscaping.
    5. It shall be serviced at least weekly.
    6. Only models designed to minimize the potential for spilling may be used.
    7. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this section have been violated. All license applications shall be made a form provided by the city and shall be accompanied by the following information:
       1. Name, address, and phone number of applicants. 
       2. Site plan showing proposed location of chemical toilets. 
       3. Name, address, and phone number of chemical toilet supplier. 
       4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance.
       5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake.
16. Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards:
    1. Minimum setback from the ordinary high water mark shall be 75 feet.
    2. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located.
    3. Maximum size of the structure shall not exceed 250 square feet.
    4. Maximum height shall not exceed 20 feet.
    5. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures.
    6. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association.
    7. The following improvements are prohibited in gazebos: screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity.
17. The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council.
18. To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary.

(Ord. No. 377, § 26, 5-24-04; Ord. No. 651, § 7, 12-9-19)

Sales trailers are subject to the following conditions:

1. Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office/model. At such time, the trailer shall be removed from the site.
2. Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m.
3. No outside speaker systems shall be allowed without approval from the city council.
4. Lighting shall be downcast, with no flashing, blinking or skylights permitted.
5. Trailers shall be skirted and landscaped. One trailer shall be permitted per development.
6. Trailers shall comply with Minnesota State Building Code requirements.
7. Off-street hard surface parking for three to five cars shall be provided.
8. The engineering department shall approve any access from a city street.

(Ord. No. 377, § 26, 5-24-04)

1. Intent. It is the intent of this section to recognize that preexisting retail nurseries and garden centers are located within the city and may be in conflict with the comprehensive plan and zoning ordinance. These establishments predate current ordinance standards. To allow for planned and orderly development, the city finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by interim use permit by the city council.
2. The following conditions will apply to wholesale and retail nurseries:
   1. The site must be on a collector or minor arterial as identified in the comprehensive plan.
   2. The minimum lot size is five acres.
   3. All storage and yard areas as well as buildings must be set back 50 feet from public or private road rights-of-way, and 300 feet from an adjacent single-family residence or a minimum of 50 feet from a side lot line, whichever is greater.
   4. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The city council may require storage areas to be completely screened by 100 percent opaque fencing or berming.
   5. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the comprehensive plan.
   6. Light sources shall be shielded.
   7. No outside speaker systems shall be allowed without approval from the city council.
   8. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval.
   9. One wall sign not to exceed 90 square feet and one monument sign not exceeding 24 square feet in size or eight feet in height shall be permitted on the premises. The council may further restrict the size and location of signs if the use is located adjacent to property guided residential as identified in the comprehensive plan.

(Ord. No. 377, § 26, 5-24-04)

In addition to the standards required by section 20-232, the standards in this division shall apply to the conditional uses if they, are located in a business, office, institutional or industrial district.

(Ord. No. 377, § 27, 5-24-04)

Adaptive reuse of surplus or vacant public or private buildings for private business uses are subject to the following criteria:

1. Only nonretail business uses shall be permitted and all such uses shall be conducted only within an existing building; no outdoor storage or other outdoor business activities shall be permitted on the property except accessory parking and loading, and the use of the premises for recreational activities for which such facilities are designed.
2. Exterior alteration, except for approved signage, which indicates from the exterior that the building is being utilized for other than educational purposes shall be prohibited.
3. No noxious or offensive trades, services or activities shall be conducted within the building nor shall anything be done on any site which may be or become an annoyance or nuisance to the adjoining neighborhood by reason of unsightliness or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise.
4. Business identification signage shall be limited to one business directory-type sign which identifies only the names of businesses located within the building.
5. Off-street parking spaces and loading facilities shall be provided for each use in a manner consistent with the minimum parking and loading requirements in this chapter for each specific use. In no case shall any existing parking or loading area be enlarged unless specifically approved by the issuance of a conditional use permit.

(Ord. No. 377, § 27, 5-24-04)

The following applies to truck, automobile or boat sales:

1. No vehicles which are unlicensed or inoperative shall be stored on the premises.
2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance, including, but not limited to, tire inflation, adding oil and wiper replacement.
3. No outside storage or display is allowed, except vehicles for sale or rent.
4. No outside speaker systems shall be allowed without approval from the city council.
5. Parking setback shall be applicable for car or truck storage or waiting areas.
6. No test driving of vehicles on local residential streets is allowed.
7. A landscaped buffer 100 feet from any residential zoning district.
8. All vehicle dealers shall be licensed by the state.

(Ord. No. 377, § 27, 5-24-04)

1. Intent. It is the intent of this section to limit automobile rental facilities to those that serve the community and neighborhood, and are limited in scope and are ancillary to a primary use.
2. The following applies to automobile rental facilities as a conditional use in the BH, Highway Business District with the following standards:
   1. No unlicensed and inoperative vehicles shall be stored on the premises.
   2. All maintenance of vehicles shall occur within an enclosed building.
   3. No outside storage or display is allowed, except vehicles for rent.
   4. No outdoor speaker system or outdoor telephones shall be allowed without approval from the city council.
   5. Parking setbacks shall be applicable for parking/storage areas.
   6. Required customer and employee parking spaces shall not be used for rental vehicle storage.
   7. Vehicle sales are not permitted.
   8. The number of rental vehicles shall not exceed 15.
   9. Only automobiles owned by the rental agency shall be stored on the property.
   10. Parking spaces allocated for rental vehicle storage shall be designated. One and two-tenths parking space shall be provided per rental vehicle.
   11. No signs shall be attached to vehicles.

(Ord. No. 377, § 27, 5-24-04)

The following applies to bed and breakfast establishments:

1. Two off-street parking spaces plus one additional space per rental room must be provided.
2. There shall be no more than one employee in addition to the residents.
3. Establishment must be owner-occupied.
4. There shall be five or less rooms for rent.

(Ord. No. 377, § 27, 5-24-04)

1. The applicant shall be issued a two-year IUP permit. Upon renewal of the permit the applicant shall demonstrate adequate parking, life safety, and adequate occupancy.

(Ord. No. 377, § 27, 5-24-04)

The following applies to commercial kennels and stables:

1. No more than one principal structure and two accessory structures shall be permitted in the rear or side yards. The accessory structures may not cover more than 40 percent of the side or rear yard area. Wetlands shall be excluded from yard calculations.
2. The structure must be in compliance with chapter 5, articles II and III.
3. The site must be located on a collector street.
4. The accessory structure must be a minimum of 200 feet from a wetland area, 50 feet from a public or private road right-of-way, and 200 feet from an adjacent single-family residence or a minimum of 50 feet from a side or rear lot line, whichever is greater.
5. No person shall maintain or operate any commercial kennel or stable without a permit issued by the city as regulated by the City Code.
6. A minimum lot size of one acre is required to be licensed for operation of a commercial kennel or stable.
7. Every commercial kennel or stable shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein.
8. Both commercial kennels and stables shall be open for inspection by the city authorities at any time.
9. Reserved.
10. Light sources shall be shielded.
11. No outside speaker systems shall be allowed without approval from the city council.
12. Compliance with all state and county regulations shall be required.

(Ord. No. 377, § 27, 5-24-04; Ord. No. 512, § 2, 11-22-10)

1. Storage of material shall be contained within screened storage yards. Screening shall comply with buffer yard D and F4 fencing as specified in this chapter.
2. Hours of operation shall be 7:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m. Saturday, and closed holidays and Sundays.
3. The site shall have access by means of a collector or arterial roadway.
4. An environmental impact statement may be required by the planning commission or city council regarding environmental performance standards and design criteria related to:
   1. Air pollution;
   2. Fire and explosion hazards;
   3. Radiation hazards;
   4. Electromagnetic radiation and interference hazards;
   5. Liquid, gas and solid wastes hazards;
   6. Noise standards;
   7. Vibration standards;
   8. Water quality; and
   9. Others as may be requested by the city.

(Ord. No. 377, § 27, 5-24-04)

1. Equipment and supply storage must be screened or enclosed. Screening shall comply with buffer yard D and F4 fencing as specified in this chapter.
2. Vehicles/equipment shall be stored within an enclosed or screened area.
3. No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
4. All chemicals shall be stored in proper storage facilities, specified by OSHA regulations.
5. The contractor shall be licensed, bonded and insured.

(Ord. No. 377, § 27, 5-24-04)

The following applies to convenience stores with gas pumps:

1. No unlicensed or inoperable vehicles shall be stored on-premises.
2. No repair, assembly or disassembly of vehicles.
3. No outside speaker systems shall be allowed without approval from the city council.
4. Gas pump stacking area deemed to be appropriate by the city shall not intrude into any required setback area.
5. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles shall be permitted.
6. Facilities for the collection of waste oil must be provided.
7. Gas pumps and/or storage tank vent pipes shall not be located within 100 feet of any parcel zoned or guided for residential use.
8. A minimum separation of 250 feet is required between the nearest gas pumps on separate parcels.

(Ord. No. 377, § 27, 5-24-04)

The following applies to day care centers:

1. The site shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements.
2. Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining residential areas.
3. Each center shall obtain applicable state, county and city licenses.
4. Day care facilities in the IOP district shall be subject to a maximum lot coverage of 65 percent.
5. Day care facilities shall submit average annual test results for radon gas. Results shall be submitted annually on the anniversary of the day of the issuance of the original occupancy permit. Day care facilities shall comply with all applicable state and federal requirements pertaining to testing and requiring mitigation techniques.
6. Prior to issuance of a building permit, day care facilities shall conduct tests of existing noise conditions and submit test results to the city for review. In order for a building permit to be issued, existing conditions shall comply with Minnesota Rules 7010.

(Ord. No. 377, § 27, 5-24-04)

Drive-through facilities for any use shall comply with the following standards:

1. They shall not be located adjacent to any residential lot lines.
2. They shall be provided with a suitable visual screen from adjacent properties.
3. Stacking shall be provided within applicable parking lot setbacks.
4. Stacking shall meet the following standards:
   1. Banks: Five vehicles (100 feet);
   2. Coffee shops: 13 vehicles (260 feet);
   3. Fast-food restaurant: 12 vehicles (240 feet);
   4. Pharmacy: Four vehicles (80 feet);
   5. Car washes: Four vehicles (80 feet);
   6. Other uses: Four vehicles (80 feet).
5. The city may require a vehicle stacking study to determine whether more or less stacking shall be required for a particular use.
6. Stacking areas shall not interfere with vehicular circulation in the parking lot, nor encroach into any required drive aisles.
7. Speaker or intercom system shall not be audible at the property line.

(Ord. No. 628, § 18, 12-11-17)

Authorized to undertake emissions and/or safety monitoring required by the State of Minnesota provided that:

1. The operation is under contract agreement with the State of Minnesota to provide these services.
2. No repairs are performed on the site.
3. No gas or parts are sold on the site.
4. No outdoor storage of vehicles or related materials.
5. No diesel testing to be allowed at the site.
6. State and federal air and noise standards shall be complied with. If problems are found to exist, the property owner shall be required to pay for any testing deemed to be required by the city to clarify the situation. An update on compliance shall be provided by the applicant after six months of operation.
7. All vehicle stacking shall be provided on-site in designated lanes. Vehicle stacking in fire lanes, parking areas and other drives shall be prohibited.

(Ord. No. 377, § 27, 5-24-04)

1. Equipment storage must be screened or enclosed. Screening shall comply with buffer yard D and F4 fencing as specified in this chapter.
2. No outdoor loudspeaker system shall be permitted.
3. Equipment may be display during business hours only.
4. Displays may not occupy required parking spaces.
5. Displays may be located in designated display areas approved by the city.

(Ord. No. 377, § 27, 5-24-04)

1. Trash receptacles and screened dumpsters must be provided. Large dumpsters must be picked up the day following the close of the farmers market, a minimum of once per week.
2. The site shall be maintained and cleaned up on a nightly basis to eliminate debris or rodent activity.
3. The site must be accessible via a collector or an arterial roadway.
4. Sales hours shall be between sunrise and sunset.
5. A parking plan proportionate to the number of vendors shall be submitted for city review and approval.
6. Restroom facilities shall be provided.

(Ord. No. 377, § 27, 5-24-04)

The following applies to fast-food restaurants:

1. The site shall be located only on sites having direct access to minor arterial streets, collectors or service roads.
2. No outside speaker systems shall be allowed without approval from the city council.
3. Stacking areas for drive-through windows, if present, shall conform to appropriate parking setbacks.
4. Building shall be set back at least 100 feet and screened from any adjacent property designated for residential use in the comprehensive plan.

(Ord. No. 377, § 27, 5-24-04; Ord. No. 628, § 19, 12-11-17)

1. The site must have access via a collector or arterial roadway.
2. All loading docks must be screened with berming, landscaping or other structures.
3. Truck parking is permitted on-site only in designated truck parking areas, parking must be screened.
4. Compliance plan must be submitted to the city including:
   1. An inventory of potential or identified odor emission point sources associated with the industry or source.
   2. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution.
   3. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution.
   4. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan.
   5. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date.
   6. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan.

(Ord. No. 377, § 27, 5-24-04)

1. Storage of equipment and landscaping materials shall comply with a minimum F3 fence; as specified in this chapter.
2. A loudspeaker system is prohibited.
3. Blower, heating system for the nursery must be shielded or muffled from public view and audibility.
4. All chemicals must be stored/used as specified by OSHA regulations.
5. Accessory displays may not occupy more than 20 percent of the site; this includes but is not limited to plant material and gazebos.
6. Displays may not occupy required parking spaces.

(Ord. No. 377, § 27, 5-24-04)

1. The gun range shall not be located on any lot adjacent to an existing residential district.
2. The gun range when established shall not be located within 1,000 lineal feet, measured from building to building, of an establishment licensed to dispense intoxicating or nonintoxicating liquor. Indoor gun ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses nonintoxicating or intoxicating liquors.
3. The use, occupancy and construction of the building shall conform to the Minnesota State Building Code.
4. The building and method of operation shall comply with M.S. ch. 87A.
5. The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards.
6. The design and construction of the gun range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the gun range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.
7. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the gun range.
8. Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device.
9. On-site supervision shall be supplied at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises.
10. Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use.
11. The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all times.
12. On-site instruction shall be given only by firearms instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection.
13. An outside security plan for the general grounds shall be submitted to the city for review and approval.
14. The transport of firearms on the premises, to the premises, and from the premises shall conform to state law.
15. Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor.
16. In the industrial office park district, retail sales and rental shall be limited to gun-related material and equipment with a maximum display area of 20 percent of the floor area.
17. In multi-tenant buildings, the gun range shall be soundproofed to prevent the sound from being heard by persons in adjoining units.

(Ord. No. 527, § 2, 8-22-11)

All equipment and material shall be stored in a screened or enclosed area. Screening shall comply with buffer yard D and F4 fencing as specified in this chapter.

1. A loudspeaker system is prohibited.
2. A list of chemicals and pollutants used on site must be provided as part of the site plan review.
3. All chemicals shall be stored/used as specified by federal, state, and local regulations.
4. Outdoor assembly and/or building construction are prohibited on-site.

(Ord. No. 377, § 27, 5-24-04)

1. The site must be accessed via a collector or an arterial roadway.
2. The site shall have a covered entrance and a separated drop off area, which may not block the drive isle.

(Ord. No. 377, § 27, 5-24-04)

1. Material and supply storage must be screened or enclosed. Screening shall comply with buffer yard D and F4 fencing as specified in this chapter.
2. A loudspeaker system is prohibited.
3. The site must be accessible via a collector or arterial roadway.
4. All waste material shall be disposed of by owner or lessee.
5. Recycling of materials must be provided.

(Ord. No. 377, § 27, 5-24-04)

1. No unlicensed or inoperable vehicles shall be stored on-premises except in appropriately designed and screened storage areas.
2. All repair, assembly, disassembly and maintenance of vehicles shall occur within closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement.
3. No public address system.
4. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles.
5. Disposal of vehicle fluids shall comply with PCA regulations.
6. Facilities for the collection of waste oil must be provided.

(Ord. No. 377, § 27, 5-24-04)

1. Hours shall be 7:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m. Saturday and no hours of operation on Sundays or holidays.
2. A restoration plan shall be provided as part of the site plan review process.
3. Stormwater management plans shall be provided as part of the site plan review process. Plans shall be submitted with site plan prior to council meeting.
4. The site must be accessible via an arterial or collector roadway.
5. The use of explosives shall comply with state and federal regulations. Property owners within 1,000 feet of the site boundary shall be notified at least 48 hours prior to the use of explosives.
6. Road restoration security deposit must be submitted to the city.
7. Applicant shall submit a dust control plan.

(Ord. No. 377, § 27, 5-24-04)

1. Parking shall be located in the interior/behind building.
2. Access is limited by means of a collector or arterial roadway.
3. Height of structure shall be limited two stories/30 feet.

(Ord. No. 377, § 27, 5-24-04)

1. Access shall be limited to a collector or arterial roadway.
2. Trailer storage shall be screened; screening shall comply with buffer yard D and F4 fencing as specified in this chapter.
3. Loading docks must be located away from or screened from public view.
4. Sufficient parking shall be provided on-site to prevent on-street parking of trucks.
5. Trailer parking shall be provided on-site.

(Ord. No. 377, § 27, 5-24-04)

The following applies to motor fuel stations:

1. No unlicensed or inoperable vehicles shall be stored on premises except in appropriately designed and screened storage areas.
2. All repair, assembly, disassembly and maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement.
3. No public address system shall be audible from any residential parcel.
4. Stacking areas deemed to be appropriate by the city shall meet parking setback requirements.
5. No sales, storage or display of used automobiles or other vehicles such as motorcycles, snowmobiles, or all-terrain vehicles shall be permitted.
6. Disposal of waste oil shall comply with Minnesota Pollution Control Agency regulations. Facilities for the collection of waste oil must be provided.
7. Gas pumps and/or storage tank vent pipes shall not be located within 100 feet of any parcel zoned or guided for residential use.
8. A minimum separation of 250 feet is required between the nearest gas pumps on separate parcels.

(Ord. No. 377, § 27, 5-24-04)

1. All chemicals and pollutants and waste must be stored, used and disposed of according to OSHA and Hazmat regulations and standards.
2. The building must be secure from persons other than laboratory personnel.
3. No outdoor experiments that cause hazards or excessive noise or odors shall be permitted on-site.

(Ord. No. 377, § 27, 5-24-04)

The following applies to screened outdoor storage:

1. All outdoor storage must be completely screened with 100 percent opaque fence or landscaped screen.

(Ord. No. 377, § 27, 5-24-04)

1. No inoperable vehicles shall be stored on-premises except in appropriately designed and screened storage areas.
2. Display during business hours only.
3. Displays must be in designated display areas, may not occupy required parking spaces.
4. All repair, assembly, disassembly and maintenance of vehicles shall occur within a building.
5. No outside speaker systems shall be allowed without approval from the city council.
6. Disposal of vehicle fluids shall comply with PCA regulations. Facilities for the collection of waste oil must be provided.

(Ord. No. 377, § 27, 5-24-04)

1. Delivery routes are limited to collector or arterial roadways and prohibited through residential districts.
2. Loading docks must be screened from public view.
3. Waste compaction equipment shall be enclosed within a building or structure.

(Ord. No. 377, § 27, 5-24-04)

1. All structures must be removed before or on permitted ending date.
2. Design standards shall include skirting along the bottom of the structure.
3. Landscaping must be provided around structure.
4. Pedestrian access shall be provided including access in conjunction with the principle structure.

(Ord. No. 377, § 27, 5-24-04)

Editor's note(s)—Ord. No. 511, § 1, adopted Oct. 11, 2010, amended and relocated the provisions of § 20-312, which was entitled, "Temporary outdoor sales". See § 20-964 for similar provisions.

Electrical distribution and underground electric distribution substations are subject to the following conditions:

1. The distribution and underground electric distribution substations must be served by a collector or major arterial street as designated in the comprehensive plan.
2. The distribution and underground electric distribution substations will not have sanitary facilities and will not be used for habitation.
3. The distribution and underground electric distribution substations will be located on at least five acres of property.
4. A security fence as specified in the National Electric Safety Code shall surround the distribution and underground electric distribution substations.
5. A landscaping plan shall be submitted for city approval.
6. Distribution and underground electric distribution substations shall be a minimum of 500 feet from single-family residences.
7. A summary of current research regarding the health effects of EMF levels, conducted by health and scientific professionals, including those who do and do not receive utility sponsorship.
8. Provide EMF levels under maximum and average anticipated loading at the base of the utility poles, underneath the wires between the poles, at ground level above underground wires, at the edge of the property line, at the edge of the closest habitable building, and at the point above ground where there would be the greatest EMF level.
9. Reasonable and prudent measures to minimize EMF levels along all alternative electric line routes.
10. Depictions of the views of the proposed facility, if above ground, from at least two directions selected by city staff.
11. The site is guided office/industrial on the City of Chanhassen Land Use Plan.

(Ord. No. 390, § 3, 3-14-05)

The following applies to all breweries operated in conjunction with a taproom:

1. The brewery shall not produce more than 5,000 barrels of malt liquor per year, unless they are located in an area zoned Industrial Office Park (IOP), in which case the brewery shall not produce more than 20,000 barrels of malt liquor per year.
2. An outdoor seating area is permitted provided it has an enclosure and the enclosure is not interrupted; access to the seating area must be through the principle building; its hours of operation shall be no later than 10:00 p.m. Sunday—Thursday and 12:00 a.m. Friday - Saturday; and the outdoor seating area must be located and designed so as not to interfere with pedestrian and vehicular circulation.
3. Shipping and receiving areas shall be located behind the facility or otherwise screened from view.
4. Compliance plan must be submitted to the city including:
   1. An inventory of potential or identified odor emission point sources associated with the industry or source.
   2. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to certain processes, procedures, or operating methods intended to mitigate or control odor pollution.
   3. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution.
   4. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan.
   5. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date.
   6. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan.

(Ord. No. 632, § 6, 6-11-18)

The purpose and intent of allowing interim uses is:

1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction; and
2. To allow a use that is presently acceptable but that with anticipated development will not be acceptable in the future.

(Ord. No. 377, § 28, 5-24-04)

1. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for amendment as provided in article II, division 2, except that the permit shall be issued after an affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for an interim use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: Proposed land use, building and functions, circulation and parking areas, planting areas and treatment, sign locations and type, lighting, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services.
2. Prior to filing an application for an interim use, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense.

(Ord. No. 377, § 28, 5-24-04; Ord. No. 474, § 6, 10-13-08)

The planning commission shall recommend an interim use permit and the council shall issue interim permits only if it finds, based on the proposed location, that:

1. The use meets the standards of a conditional use permit set forth in section 20-232 of the City Code.
2. The use conforms to the zoning regulations.
3. The use is allowed as an interim use in the zoning district.
4. The date or event that will terminate the use can be identified with certainty.
5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
6. The user agrees to any conditions that the city council deems appropriate for permission of the use.

(Ord. No. 377, § 28, 5-24-04; Ord. No. 651, § 8, 12-9-19)

An interim use permit shall terminate on the happening of any of the following events, whichever first occurs:

1. The date stated in the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon change in the city's zoning regulations which renders the use nonconforming;
4. Upon the subdivision of the property or the alteration of the lot lines of the property.

(Ord. No. 377, § 28, 5-24-04; Ord. No. 477, § 2, 1-26-09)