The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction:

   A.   The singular number includes the plural, and the plural the singular.

   B.   The present tense includes the past and the future tenses, and the future the present.

   C.   The word "shall" is mandatory while the word "may" is permissive.

   D.   The masculine gender includes the feminine and neuter.

   E.   Whenever a word or term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as set forth in such definition thereof.

   F.   All measured distances expressed in feet shall be to the nearest tenth of a foot.

   G.   Whenever a calculation is made based upon the provisions herein, if a fraction of a number results, the more restrictive rounding to a whole number shall apply. (Ord. 1988-12, 12-19-1988)

The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined:

ABUTTING: Making contact with or separated only by public right of way, railroad, public utility right of way or navigable waters.

ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

ADDITION: A physical enlargement of an existing structure.

ADULT USES: Include adult bookstores, adult motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as "obscene" as defined by Minnesota statutes section 617.241 are not included.

   Specified Anatomical Areas:

   A.   Less than completely opaquely covered human genitals, pubic region, buttock anus, or female breast(s) below a point immediately above the top of the areola; and

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities:

   A.   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

   B.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

   C.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

   D.   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

   E.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or

   F.   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

   G.   Human excretion, urination, menstruation, vaginal or anal irrigation.

ADULT USES, ACCESSORY: The offering of retail goods for sale which are classified as "adult uses" on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

ADULT USES, PRINCIPAL: The offering of goods and/or services which are classified as "adult uses" as a primary or sole activity of a business or establishment and include, but are not limited to, the following:

   A.   Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".

   B.   Adult Use - Bookstore: A building or portion of a building used for barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, compact discs, computer software, digital recordings, motion picture film, or other communication mediums if such building or portion of a building is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".

   C.   Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".

   D.   Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   E.   Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   F.   Adult Use - Health/Sport Club: A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   G.   Adult Use - Hotel Or Motel: "Adult hotel or motel" means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

   H.   Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   I.   Adult Use - Mini Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material, if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

   J.   Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

   K.   Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

   L.   Adult Use - Motion Picture Theater: A building or portion of a building, with a capacity of fifty (50) or more persons, used for presenting material, if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified anatomical areas" for observation by patrons therein.

   M.   Adult Use - Novelty Business: A business which has, as a principal activity, the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

   N.   Adult Use - Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   O.   Adult Use - Steam Room/Bathhouse Facility: A building or a portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age, or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

ANIMAL RELATED DEFINITIONS:

Domestic Animals: House pets such as dogs, cats, and birds which can be contained within a principal structure throughout the entire year; provided, that the containment can be accomplished without special modification to the structure requiring a building permit from the city. In addition, it includes birds and rabbits normally sheltered outside the home.

Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as "farm animals" in the state of Minnesota.

ANTENNA RELATED DEFINITIONS:

Antenna, Personal Wireless Service: A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.

Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

Antenna, Radio And Television, Broadcast Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof.

Antenna, Radio And Television Receiving: A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof.

Antenna, Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structures thereof.

Antenna, Short Wave Radio Transmitting And Receiving: A wire, set of wires or a device consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short wave radio communications, and including the supporting structure thereof.

Antenna Support Structure: Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

Tower: 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 or similar apparatus above grade.

Tower, Temporary Mobile: 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, which is commonly referred to as cellular on wheels (COW).

APARTMENT: A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities; includes dwelling unit and efficiency unit.

APPLICANT: The owner, his agent or person having legal control, ownership and/or interest in land which the provisions of this ordinance are being considered for or reviewed.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

AUTOMOBILE REPAIR, MINOR: Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, but not including any operation specified under the definition of "automobile repair, major" in this section.

BAR: See definition Tavern.

BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (see definition of Story).

BAY: Cantilevered area of a room.

BOARDING (HOUSE) HOME - FOSTER CHILDREN: A family dwelling where children out of their own homes are cared for.

BOARDING (LODGING) HOUSE: A building, other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than eight (8) persons.

BREWERY: A business which manufactures, processes and warehouses malt liquor for wholesale distribution, or directly sells beer product for on site consumption on the brewery premises or for off site consumption as growlers.

BREWPUB: A brewer that holds one or more retail on-sale licenses, and who manufactures fewer than three thousand five hundred (3,500) barrels of malt liquor in a year at one licensed premises, the entire production of which is solely for consumption on tap on the brewery site, or for off-sale from the brewery in the form of growlers.

BUFFER: The use of land, topography, difference in elevation, space, fences, or landscape plantings to screen or partially screen a use or property from the vision of another use or property.

BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this ordinance have been met.

BUILDING: Any structure having a roof and built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.

BUILDING HEIGHT: The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs, and to the point midway between the eave and ridge on all other roof types.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM: A solar energy system that is an integral part of a principal building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems.

BUILDING LINE: A line parallel to the street right of way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right of way line; within shoreland districts, "building line" shall also mean a line at the required setback beyond which a structure may not extend.

BUILDING SETBACK: The minimum horizontal distance between the building and the lot line.

BUSINESS: Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

CANNABIS CULTIVATOR A cannabis business that conducts an operation pursuant to Minnesota Statues § 342.30, as may be amended.

CANNABIS WHOLESALER: A cannabis business that conducts an operation' pursuant to Minnesota Statues §§ 342.33 and 342.34, as may be amended.

CARPORT: A canopy constructed of metal or other materials supported by posts, either ornamental or solid, and completely open on one or more sides.

CELLAR: That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to floor below is equal to or greater than the vertical distance from grade to ceiling.

CEMETERY: A site or property set apart for the burial or interment of the human dead.

CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.

CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CITY COUNCIL: The governing body for the city of Albertville.

CLEAR CUTTING: The removal of an entire stand of trees and/or vegetation.

CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, where use of premises is restricted to members and their guests.

CLUSTER DEVELOPMENT: The development patterns and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land as accomplished through a planned unit development.

COMMERCIAL RECREATION: Bowling alley, cart track, jump center, golf, billiards (pool) hall, vehicle racing or amusement, dance hall, skating, trampoline, boat rental, campgrounds, park, and similar uses.

COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services, including, but not limited to:

   A.   Automobile Repair, Major: General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

   B.   Automobile Repair, Minor: An establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a "major automobile business" or "automobile sales".

   C.   Automobile Sales: The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles, including any major or minor automobile repair or service uses conducted as an accessory use.

   D.   Automobile Service Station: Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, and including, as an accessory use, the sale and installation of lubricants, tires, batteries, and similar accessories.

   E.   Hospitality Business: An establishment offering transient lodging or accommodations at a daily rate to the general public, leasable events, meeting or conference facilities, banquet halls, exhibition halls, hotels, motels, convention facilities, and hostels.

   F.   Liquor Sales, Off Sale: Licensed sale of intoxicating beverages for consumption off site.

   G.   Liquor Sales, On Sale: Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased.

   H.   Motor Fuel Station: A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.

   I.   Office Business, Clinic: An establishment located within a building or portion of a building providing outpatient health services to patrons, including general medical clinics, mental health providers, chiropractors, dentists, orthodontia, oral surgeons, opticians, and other state licensed medical services.

   J.   Office Business, General: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations, including attorneys, financial advisors, insurance, travel, and real estate.

   K.   Personal Service: Includes the following: barbershop, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, and therapeutic massage, acupuncture, pedicure and shiatsu.

   L.   Recreational Business: Arcade, health club, gymnasium, bowling alley, billiard (pool) hall, dance hall, dance studio, skating rink, and theater.

   M.   Restaurant: An establishment that serves food in individual servings for consumption on or off premises, including sit down restaurants, take out, pick up, or delivery food sales, but not including drive-through facilities. Outdoor dining areas and drive-through facilities may or may not be allowed in each zoning district (they are not automatically allowed when a restaurant is an allowable use).

   N.   Retail Business: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building excluding any exterior display and sales.

   O.   Service Business, Off Site: A company that provides services related to maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services.

   P.   Service Business, On Site: An establishment that provides services related to maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive-through facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops, and travel bureaus.

COMMON OPEN SPACE: Any open space, including parks, nature areas, playgrounds, trails, and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.

COMPREHENSIVE PLAN: A comprehensive plan prepared by the city, including a compilation of policy statement goals, standards and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

CONCEPT PLAN: A report in map and text form submitted as the first phase of a planned unit development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the applicant.

CONDITIONAL USE: Those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning use district which, for the respective conduct or performance in such designated use districts, may require reasonable, but special conditions, plans, limitations, or performance standards to govern such uses for the promotion or preservation of the general public welfare, health, convenience and the integrity of the city comprehensive plan.

CONDITIONAL USE PERMIT: A permit issued by the city council, in accordance with procedures specified in this ordinance, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

CONDOMINIUM: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law, Minnesota statutes sections 515A.1-101 to 515A.4-118.

CONVENIENCE FOOD ESTABLISHMENT: An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.

COOPERATIVE (HOUSING): A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota statutes. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

COURT: An unoccupied open space, other than a yard, which is bounded on two (2) or more sides by the walls of the buildings.

CURB LEVEL: The elevation of the established curb in front of a building measured at the center of such front. Where no curb level has been established, the city engineer shall determine a curb level or its equivalent for the purpose of this ordinance.

DAYCARE: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis for any part of a twenty-four (24)-hour day.

DAYCARE FACILITY: Any state licensed facility, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home. "Daycare facilities" include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services as further defined by the state.

DENSITY, RESIDENTIAL: A number expressing the relationship of the number of dwellings to an acre of land as established in the comprehensive plan.

DEPARTMENT STORE: A business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed.

DEPOSITION: Any rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplain or wetland.

DRAINING: The removal of surface water or groundwater from land.

DREDGING: To enlarge or clean out a water body, watercourse, or wetland.

DRIVE-IN FOOD ESTABLISHMENT: An establishment which accommodates the patron's vehicle from which the occupants may receive a service or in which products purchased from the establishment may be consumed, typically in the customer's vehicle.

DWELLING: A building, or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, or manufactured housing.

DWELLING, MULTIPLE (APARTMENT): A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits.

DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for occupancy by one family.

   Attached: A dwelling which is joined to another at one or more sides by a party wall.

   Detached: A dwelling unit not attached to another dwelling or structure or is entirely surrounded by open space.

DWELLING, TWO-FAMILY: A dwelling designed exclusively for occupancy by two (2) families living independently of each other.

   Double Bungalow: A two-family dwelling with two (2) units side by side.

   Duplex: A two-family dwelling unit with one unit above the other.

DWELLING UNIT: A residential building or portion thereof intended for occupancy by one family with facilities for living, sleeping, cooking, and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, motor homes or travel trailers. Within shoreland districts, "dwelling unit" shall mean any structure or portion of a structure, or other shelter designed as short or long term living quarters for one or more persons, including rental or timeshare accommodations such as motels, hotels, and resort rooms and cabins.

EASEMENT: A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes.

EFFICIENCY APARTMENT: A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.

ELDERLY (SENIOR CITIZEN) HOUSING: A public agency owned or controlled multiple dwelling building with open occupancy limited to persons over sixty (60) years of age.

ELEVATOR PENTHOUSE: An enclosure located on the top of a building which houses the working mechanisms of an elevator.

EMERGENCY OVERFLOW (EOF): A water flow path that is designed to safely remove excess water in case a pond or water body becomes higher than expected.

ENGINEER: The professional engineer engaged by the city council.

EROSION: The wearing away of land surface by the action of natural elements.

ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including, but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks and lift stations.

ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Transmission/reception support structures and antennas shall not be considered an "essential service".

EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

FACILITIES FOR HOUSING ANIMALS: Any structure designed, built, and/or installed to house animals.

FAMILY: An individual, or two (2) or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three (3) persons not so related, maintaining a common household and using common cooking and kitchen facilities.

FARM: An unplatted tract of land containing approximately ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of approximately ten (10) acres, measured from the centerline of abutting roads, for purposes of residential density, usually with a house and barn and other buildings on which crops and often livestock are raised for a source of livelihood.

FARM, HOBBY: An unplatted tract of land generally consisting of ten (10) or less acres in size with a house and accessory buildings on which crops and often livestock are raised but not as a principal source of income. A "hobby farm" shall not qualify for exemptions provided in this ordinance for farms.

FARMING: Process of operating a farm for the growing and harvesting of crops, which shall include those necessary buildings related to operating the farm, and the keeping of common domestic farm animals.

FARMSTEAD: A dwelling unit surrounded by or connected to farm buildings, all under single ownership.

FENCE: Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.

Fence - Boundary Line: A fence located along the boundary of a lot or parcel intended to identify and/or enclose any part of a required yard.

Fence - Interior Yard: A fence other than that described in the definition of "fence - boundary line" herein, intended to enclose flower and/or vegetable gardens within a yard.

FILLING: The act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or wetland.

FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as retailing activities, the production or processing of goods, or to business or professional offices. However, the "floor area" shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The "floor area" of a residence shall not include the cellar area.

GARAGE, PRIVATE: An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on.

GARAGE, PUBLIC: A building or portion of a building, except any herein defined as "private garage" or as a "repair garage", used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use (see also definitions of Automobile Repair, Minor and Automobile Repair, Major).

GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.

GRADING: Changing the natural or existing topography of land.

GUESTROOM: A room occupied by one or more guests for compensation and in which no provision is made for cooking.

HIGH WATER LEVEL (HWL): The highest water level achieved in a water body predicted by the 100-year critical storm event.

HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a residential dwelling unit which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.

HOTEL: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guestrooms used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly.

ILLEGAL NONCONFORMING STRUCTURE OR USE: A building, structure, premises or use illegally established prior to the effective date hereof or any amendment hereto which did not conform with the applicable conditions or provisions of the city code for the district in which the structure or use is located.

IMPERVIOUS SURFACE: An artificial or natural surface through which water, air, or roots cannot penetrate.

INTERLOCK: The painted line or barrier in a parking lot that separates two (2) facing rows of parking from one another.

JUNKYARD: An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other materials, paper, rags, rubber, tires, lumber, and bottles. A "junkyard" includes an auto wrecking yard but does not include uses established entirely within closed buildings nor sanitary landfills.

KENNEL, COMMERCIAL: Any place where: a) more than two (2) dogs over six (6) months of age are owned, kept, boarded, or bred for purpose of sale; or b) more than two (2) dogs over six (6) months of age and owned by persons other than the kennel owner are kept or boarded for a fee or other remuneration.

KENNEL, PRIVATE: Any place where more than two (2) dogs over six (6) months of age owned by the kennel owner are kept for private enjoyment and not for breeding, sale, a fee or other remuneration.

LAND RECLAMATION: The process of the reestablishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

LANDSCAPING: Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

LEGAL NONCONFORMING STRUCTURE OR USE: A building, structure, premises or use lawfully established prior to the effective date hereof or any amendment hereto which does not now conform with the applicable conditions or provisions of this ordinance for the district in which the structure or use is located.

LIGHT MANUFACTURING, LOWER-POTENCY HEMP EDIBLE: A hemp business that conducts an operation pursuant to Minnesota Statute § 342.45 as it may be amended.

LIGHTING RELATED DEFINITIONS:

   Cutoff: The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated at a specific angle above the ground.

   Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which light is emitted (see figure 1 of this definition).

   Cutoff Type Luminaire: A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).

   Flashing Light: A light source which is not constant in intensity or color at all times while in use.

   Foot-Candle: A unit of illumination produced on a surface, all points of which are one foot (1') from a uniform point source of one candle.

   Light Source: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum.

   Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

   Outdoor Light Fixture: Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot, and floodlights for:

   A.   Buildings and structures.

   B.   Recreational areas.

   C.   Parking lot lighting.

   D.   Landscaping lighting.

   E.   Signs.

   F.   Street lighting.

   G.   Product display area lighting.

   H.   Building overhangs and open canopies.

   Outdoor Lighting: Any light source or collection of light sources located outside a building, including, but not limited to, light sources attached to any part of a structure located on the surface of the ground or located on freestanding poles.

   Security Lighting: Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property.

   Shielding: A technique or method of construction permanently covering the top and sides of a light source by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see figure 2 of this definition).

   Spillage: Any reflection, glare or other artificial light that emits onto any adjoining property or right of way and is above a defined maximum illumination.

LIVESTOCK: Any animals or poultry or other fowl, except dogs, cats and birds, owned by the resident of the premises and kept as pets but not for commercial sale except incidental to their character as pets.

LOADING SPACE: That portion of a lot or plot designed to serve the purpose of loading or unloading for all types of vehicles.

LODGING (BOARDING) ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one lodging room.

LOT (OF RECORD): A parcel of land, whether subdivided and/or otherwise legally described and recorded as of March 17, 1975, or approved by the city as a lot, and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this ordinance and having its principal frontage upon a public street.

LOT AREA: The total land area of a horizontal plane within the lot lines.

LOT, BASE: Lots meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling or quadraminium subdivision.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less.

LOT DEPTH: The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety degree (90°) angle from the street right of way within the lot boundaries.

LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2) streets.

LOT, FRONT: The front of a lot shall be, for purposes of complying with this ordinance, that boundary abutting a public right of way having the least width.

LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated, constituting a physical betterment of real property, or any part of such betterment.

LOT, INTERIOR: A lot, other than corner lot, including through or double frontage lots.

LOT LINE: A property boundary line of any lot held in single or separate ownership; except, where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the office of the Wright County recorder upon or prior to the effective date hereof which does not meet the minimum lot area, structure setbacks or other dimensional standards of this ordinance.

LOT, THROUGH: A lot fronting on two (2) parallel streets.

LOT, UNIT: Lots created from the subdivisions of a two-family dwelling or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district.

LOT WIDTH: The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum building setback line.

LOWER-POTENCY HEMP MANUFACTURER: A low potency hemp business that conducts an operation pursuant to Minnesota Statues § 342. 45 as may be amended.

MANUFACTURED HOME: Any single-family dwelling transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

MANUFACTURED HOME LOT: A section of ground in a manufactured home park designated as the location of one housing unit, and all other necessary improvements required by this ordinance.

MANUFACTURED HOME PARK: Any park, court, lot, parcel or tract of land designed, improved, maintained or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the "manufactured home park" or not.

MEDICAL AND DENTAL CLINICS: A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.

METES AND BOUNDS: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

MINERALS: Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.

MINING: All or part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.

MODEL HOME: A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.

MOTEL/MOTOR HOTEL: A building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located next to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

MOTOR FREIGHT TERMINAL (TRUCK TERMINAL): A building or area in which freight brought by motor truck is sorted, transferred and/or stored for movement.

MOTOR FUEL STATION: A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.

NATURAL DRAINAGE SYSTEM: All land surface areas which, by nature of their contour configuration, collect, store and channel surface water runoff.

NORMAL WATER LEVEL (NWL): For a reservoir with a fixed overflow, the NWL is lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage.

NOXIOUS MATTER OR MATERIAL: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well being of individuals.

NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants, and shrubs.

NURSING HOME: A private building with facilities for the care of the infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury. The "nursing home" shall be licensed by the state board of health as provided for in Minnesota state statutes.

OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

OFFICE OF CANNABIS MANAGEMENT: Minnesota Office of Cannabis Management, referred to as “OCM" in this chapter.

OFF STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials.

OFF STREET PARKING SPACE: An area of such shape and dimensions as provided by this ordinance, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of a motor vehicle.

OPEN SALES LOT: Land devoted to the display of goods for purchase, sale, rent, lease or trade where such goods are not enclosed within a building, and for the storage of same prior to sale.

OPEN SPACE: Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development.

OPEN STORAGE: Storage of material outside of a building.

ORDINARY HIGH WATER LEVEL (OHWL OR OHW): The Minnesota DNR jurisdictional boundary of public waters and wetlands that is depicted by an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reserves and flowage, the ordinary high water level is the operating elevation of the normal summer pool.

OUTDOOR LIVING SPACE: Any detached accessory building utilized as a living space such as a gazebo, screened porch, or playhouse.

OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.

OVERBURDEN: The earth, rock and other materials that lie above a natural deposit of mineral.

OWNER: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having proprietary interest in the land.

PARCEL: An individual lot or tract of land.

PARKING SPACE: An area of such shape and dimensions as provided by this ordinance, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

PARTY WALL: A common wall which divides two (2) independent structures by a firewall.

PAWNBROKER: Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged.

PAWNSHOP: The location at which or premises in which a pawnbroker regularly conducts business.

PERFORMANCE STANDARD: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.

PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

PERSON: An individual, firm, partnership, association, corporation, legal entity, or organization of any kind.

PERSONAL SERVICES: The following uses are defined as "personal services": acupuncture, barbershop, beauty salon, chiropractor, electrolysis, manicure, pedicure, physical therapy, shiatsu, tanning parlor, and therapeutic massage.

PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops may include incidental animal grooming and adoption activities, but not animal hospitals, veterinary clinics, or places selling live bait for fishing.

PLACE OF PUBLIC ACCOMMODATION: A business accommodation refreshment, entertainment recreation or transportation facility of any kind whether licensed or not, whose goods, services facilities privileges, advantages, or accommodations are extended offered sold or otherwise made available to the public.

PLANNED UNIT DEVELOPMENT: As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this ordinance may be allowed to improve site design and operation (see also definition of Cluster Development).

PLANNING COMMISSION: The duly appointed Albertville planning commission 1 .

POLE BUILDINGS: Any structure possessing the following characteristics: structural wood poles or timbers buried in ground on individual footings; metal wall coverings hung vertically of less than 28-gauge. This definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any similar structure not covering or enclosing a specific area.

PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional.

PROTECTIVE COVENANT: A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

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 USES: Uses owned or operated by municipal, school districts, county, state, or other governmental units.

QUADRAMINIUM: A single structure which contains four (4) separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure.

RECREATION FIELD OR BUILDING: An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a "recreation field or building" for the purpose of this ordinance.

RECREATIONAL VEHICLE: Includes, without limitation, the following, provided the same are operable and licensed (as required by the state) to the property owner or resident of the premises where stored: manufactured homes less than thirty five feet (35') in overall length, including those which telescope or fold down; chassis mounted campers, house cars, motor homes, tent trailers, slip-in campers (those mounted in a pickup truck or similar vehicle), converted buses, converted vans used primarily for recreational purposes; snowmobiles, boats/watercraft, all-terrain vehicles and any nonmotorized trailer that transports recreational vehicles such as boats and snowmobiles. A boat, snowmobile or other recreational vehicle, when stored or kept on a trailer, shall be considered one "recreational vehicle". A "recreational vehicle" does not include cars used for racing, off road use or demolition derby.

RESIDENTIAL TREATMENT FACILITY: As defined under Minn. Stat. § 245.462, subd. 23.

RESTAURANT: An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.

RETAIL REGISTRATION: An approved registration issued by the City of Albertville to a state-licensed cannabis retail business.

SCHOOL: A public school as defined under Minn. Stat. § 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. § 120A. 24.

SECONDHAND GOODS: Tangible personal property, previously owned, or used, by a person other than the dealer offering the item for sale, including electronic audio or video equipment, clothing, household items, firearms, power tools, computers, computer-related equipment, jewelry, coins, and precious metals.

SECONDHAND GOODS DEALER: Any person whose regular business includes selling or receiving secondhand goods, including auction house dealers, consignment house dealers, flea market dealers and antique dealers, but not including used car sales involving vehicles with titles requiring registration with the Minnesota Department of Motor Vehicles under Minnesota Statutes chapter 168, or boats required to be registered with the Department of Natural Resources.

SECONDARY USE: A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.

SEMIPUBLIC USE: Uses owned by private or private nonprofit organizations which are open to some, but not all, of the public, such as denominational cemeteries, private schools, clubs, lodges, recreation facilities, churches, etc.

SEPTIC SEWER DISPOSAL SYSTEM: A "septic sewer disposal system" consists of: septic tank, absorption field of standard trenches or a dry well, house sewer and outlet sewer. In the septic tank, bacterial action breaks down sewage; standard trenches or a dry well handles final disposal of liquid from the septic tank; the house sewer brings wastes to the tank, and the outlet sewer carries sewage liquids (effluent) from the absorption field.

SETBACK: The minimum horizontal distance between a structure and the nearest property line; within shoreland districts, it shall mean the minimum horizontal distance between a structure, sewage treatment system, top of bluff, road, highway, property line, or other facility. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.

SHIATSU: A massage in which finger pressure is applied to those areas of the body used in acupuncture.

SHOPPING CENTER: An integrated grouping of commercial stores, under single ownership or control.

SHORELAND RELATED DEFINITIONS:

   Accessory Structure Or Facility: Any building or improvement subordinate to a principal use, which can reasonably be located at or greater than normal structure setbacks.

   Bluff: A topographic feature such as a hill, cliff, or embankment having the following characteristics (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):

   A.   Part or all of the feature is located in a shoreland area;

   B.   The slope rises at least twenty five feet (25') above the ordinary high water level of the water body;

   C.   The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the high water level averages thirty percent (30%) or greater; and

   D.   The slope must drain toward the water body.

   Bluff Impact Zone: A bluff and land located within twenty feet (20') from the top of a bluff.

   Boathouse: A structure designed and used solely for the storage of boats or boating equipment.

   Commercial Planned Unit Developments: Are typically used to provide transient, short term lodging spaces, rooms, or parcels, and their operations are essentially service oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service oriented activities are "commercial planned unit developments".

   Commissioner: The commissioner of the department of natural resources.

   Deck: A horizontal, unenclosed platform, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet (3') aboveground.

   Dwelling Site: A designated location for residential use by one or more persons using temporary or moveable shelter, including camping and recreational vehicles sites.

   Effective Lot Coverage: "Percent effective lot coverage" means the portion (percentage) of a lot or parcel that will be covered with impervious surface following completion of the development activity and is calculated by dividing the impervious surface area by the total lot or parcel area.

   Extractive Use: The use of land for surface or subsurface removal or sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota statutes sections 93.44 to 93.51.

   Forest Land Conversion: The clear cutting of forested lands to prepare for a new land use other than reestablishment of subsequent forest stand.

   Guest Cottage: A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

   Impervious Surface: An artificial or natural surface through which water, air, or roots cannot penetrate.

   Intensive Vegetation Clearing: The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

   Lot Coverage: The portion (percentage) of a lot or parcel that will be covered with impervious surface following completion of the development activity and is calculated by dividing the impervious surface area by the total lot or parcel area.

   Ordinary High Water Level: The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the "ordinary high water mark" 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.

   Public Waters: Any waters as defined in Minnesota statutes section 103G.005, subdivision 15.

   Residential Planned Unit Development: A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as "residential planned unit developments". To qualify as a "residential planned unit development", a development must contain at least five (5) dwelling units or sites.

   Sensitive Resource Management: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

   Sewage Treatment System: A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in section 4905.8 of this ordinance.

   Sewer System: 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.

   Shore Impact Zone: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the structure setback.

   Shoreland: Land located within the following distances from public waters: one thousand feet (1,000') from the ordinary high water level of a lake, pond, or flowage; and three hundred feet (300') 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.

   Significant Historic Site: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota statutes section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be "significant historic sites".

   Steep Slope: 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 design and construction techniques and farming practices, are used in accordance with the provisions of this ordinance. Where specific information is not available, "steep slopes" are lands having average slopes of over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, that are not bluffs.

   Surface Water Oriented Commercial Use: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

   Toe Of The Bluff: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

   Top Of The Bluff: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

   Water Oriented Accessory Structure Or Facility: A small, aboveground 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.

SIGN: Any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, pasted, printed, affixed or constructed, which is displayed outdoors for informational or communicative purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, freestanding, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary and traffic control.

SIMPLIFIED HYDROLOGIC YIELD METHOD (SHYM): Methodology for assessing water elevations of landlocked basins.

SITE PLAN: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways, as related to a proposed development.

SLOPE: The degree of deviation of a surface from the horizontal, usually expressed in percent of degrees.

SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation or water heating.

SPORTS TRAINING FACILITY: A private establishment, not open to the general public, offering advanced appointment only individual or group athletic training programs for specific sports and athletic activities often associated with athletic organizations, sport associations, and schools, supervised by specialized coaches present for all training sessions and where tournaments and competitions may be held.

STACKING AREA: That area which allows for a line of automobiles in such instances as drive-up tellers and other vehicle service areas.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except, that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the unfinished floor level directly above a basement, cellar, or unused under-floor space is more than six feet (6') above "grade", as defined in this section, for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') above "grade", as defined in this section, at any point, such basement, cellar, or unused under-floor space shall be considered as a "story".

STREET: A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way.

STREET, COLLECTOR: A street which carries traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access.

STREET, LOCAL: A street intended to serve primarily as an access to abutting properties.

STREET, MAJOR OR ARTERIAL: A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

STREET PAVEMENT: The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH: The shortest distance between the lines delineating the right of way of a street.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner, whether temporary or permanent in character. Among other things, "structures" include buildings, manufactured homes, walls, fences, swimming pools, billboards and poster panels.

STRUCTURE, PUBLIC: An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented and operated by a federal, state, or local government agency.

SURVEYOR: A person duly registered as a land surveyor by the state of Minnesota.

SWIMMING POOL: A structure designed to be used for swimming which has a capacity of one thousand (1,000) gallons or more or which has a depth of over twenty four inches (24").

TAPROOM: A room that is ancillary to the production of beer at a production brewery where the public can purchase and/or consume only the beer produced on site.

TAVERN: An establishment devoted to the sale and consumption of intoxicating beverages to patrons who do not serve food. Taverns are prohibited in the city.

   B.   Peddlers, solicitors, and transient merchants as defined in title 4, chapter 4 of the city code that are exempt from the provision of chapter 4, as described in section 4-4-11: exemptions from provisions are exempt from temporary outdoor seasonal sale requirements as provided in section 1000.22 of this code.

THRIFT STORE/SECONDHAND STORE: A shop that sells secondhand goods often supplied by donations from individuals dropping off the items at the shop, as to benefit a charitable organization or for-profit company.

TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to each other only by the sharing of one common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures.

TRAVEL TRAILER: Any trailer not used as a residence but is used for temporary living quarters for recreational or vacation activities and one that is towed on public roads in connection with such use.

TRUCK STOP: A motor fuel station devoted principally to the needs of trucks and which shall include eating and/or sleeping facilities.

UNLICENSED CANNABIS BUSINESS: A business that operates in the cannabis industry without being formally registered or authorized under one of the cannabis business types outlined in Minnesota Statute § 342.01, Subd. 14. Such unlicensed cannabis businesses are not permitted in any zoning district within the City's jurisdiction.

USABLE OPEN SPACE: A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute "usable open space".

USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this ordinance.

VARIANCE: The waiving by the city council of the literal provisions of the zoning standards in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.

VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment, hospitalization, surgery and medical care of animals, which place is owned and operated by a licensed veterinarian.

WAREHOUSING: The storage of materials or equipment within an enclosed building.

WATER BODY: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.

WATERSHED: The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

WETLANDS: Land that meets the definition of "wetlands" set forth in the wetland conservation act of 1991 (Minnesota laws chapter 354, as amended, supplemented or replaced from time to time) (codified, as amended, at Minnesota statutes sections 103G.222 to 103G.2372 and in other scattered sections, as amended, supplemented or replaced from time to time).

WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.

WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by the common names of wind charger, wind turbine and windmill).

YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and main building shall be used.

YARD, DEPTH OF: The mean horizontal distance between the line of a building and the lot line.

YARD, FRONT: A yard extending along any street frontage of a lot between the side lot lines and being the minimum horizontal distance between any street line and main building or any projections thereof other than the projections of the usual steps, entranceway, unenclosed balconies, or open porch.

YARD, REAR: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall be, in all cases, at the opposite end of the lot from the front yard.

YARD, REQUIRED: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.

YARD, SIDE: A yard between the side line of the lot and the nearest line of the principal building, and extending from the front lot line of the lot to the rear lot line.

ZERO LOT LINE: The reduction of side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the side yard lot line. With "zero lot line", no portion of the structure or accessory appurtenance shall project over the lot line, except as provided by party wall easement.

ZONING ADMINISTRATOR: The duly appointed officer charged with the administration and enforcement of this ordinance.

ZONING AMENDMENT: A change authorized by the City either in the allowed use with a district or in the boundaries of the district.

ZONING DISTRICT: An area or areas of the City (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this ordinance.

ZONING DISTRICT OVERLAY: A zoning district containing regulations superimposed upon other zoning district regulations and where the more restrictive district use regulations shall apply.

ZONING DISTRICT, UNDERLYING: All zoning districts except overlay zoning districts.

ZONING MAP: The map or maps incorporated into this ordinance as part thereof, designating the zoning districts.

(Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; Ord. 1993-4, 4-5-1993; Ord. 1993-8, 6-7-1993; Ord. 1996-2, 2-12-1996; Ord. 1997-2, 6-3-1997; Ord. 1999-7, 10-19-1999; Ord. 1999-8, 10-19-1999; Ord. 1999-9, 10-19-1999; Ord. 2002-14, 8-5-2002; Ord. 2003-23, 11-3-2003; Ord. 2004-02, 1-5-2004; Ord. 2004-04, 3-15-2004; 2005 Code; Ord. 2007-05, 5-21-2007; Ord. 2007-12, 10-1-2007; Ord. 2008-006, 8-4-2008; Ord. 2009-009, 3-2-2009; Ord. 2009-006, 3-16-2009; Ord. 2014-02, 2-18-2014; Ord. 2014-03, 2-3-2014; Ord. 2014-08, 10-20-2014; Ord. 2017-09, 10-2-2017; Ord. 2021-10, 6-21-2021; 2022-09, 6-20-2022; Ord. 2023-08, 7-17-2023; Ord. 2024-13, 12-16-2024; Ord. 2025-02, 5-5-2025; Ord. 2025-08, 10-6-2025)