The intent of this chapter is to protect the public health, safety and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent the overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city council, the board of adjustment and appeals, and the planning commission, in relation to this chapter.

(Prior Code, § 74-1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Similar words or phrases defined in particular sections shall have the meanings ascribed to them for that particular section.

Abutting means making contact with or separated only by public thoroughfare, railroad, or public utility right-of-way.

Accessory apartment means a secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit.

Accessory building means a subordinate building, or a portion of the main building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to that of the main building or to the use of the premises.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Addition means an extension or increase in floor area or height of a building or structure.

Address sign means a sign communicating street address only, whether written or in numerical form.

Advertising signs means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

Alley means a public right-of-way 33 feet or less in width, affording a secondary means of access to abutting property.

Animals, domestic pets, means dogs, cats, birds, and other commonly known house pets.

Apartment means a room or suite of rooms rented, leased, or similar tenancy, as part of an apartment building, with cooking facilities available, which is occupied as a residence by a single family, or a group of individuals living together as a single family unit.

Apartment, micro, means any apartment unit with a total square feet of less than 400.

Apartment, senior, means an apartment specifically designed for independent living for individuals or couples over the age of 55.

Apartment building means three or more any number of dwelling units or apartments grouped in one building with a common entryway on the same parcel of land.

Architectural standards means elements and materials contained within the standards of each zoning district or required by the approval of the city which enhances the elegance of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure or to make said structure or building habitable.

Assisted living facility means a premise operated by a legal entity holding a state license permitting the operation of a multifamily facility, which is a combination of housing, supportive services, personalized assistance, and health care designed to respond to the needs of those who need help with daily living, A facility with a central or private kitchen, dining, recreational and other facilities, with bedrooms or living quarters, where the emphasis of the facility remains residential. The facility is home to aged adults who do not required hospitalization or skilled or intermediate nursing care, or the services in or of a state-licensed long term care facility.

Automobile car wash means a building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods, including, but not limited to, steam cleaning devices or other mechanical devices.

Automobile repair means general repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall pointing or paint job; vehicle steam cleaning; and upholstering.

Automobile service station means a place where gasoline, stored only in underground tanks; kerosene; motor oil and lubricants for operation of automobiles, are related directly to the public on-premises, and, including minor accessories and services for automobiles, but not, including automobile major repairs and rebuilding.

Automobile wrecking yard orjunkyard means any place where two or more vehicles not in running condition or not licensed, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and, including any commercial salvaging and scavenging of any other goods, articles or merchandise.

Awning orcanopy means a structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be fixed, raised, or retracted to a position against the building.

Basement means a portion of a building partially underground but having less than half its floor to ceiling height below the average grade of the adjoining ground. Each room or area in a basement shall be at least 7½ feet from floor to ceiling.

Bed and breakfast means a private residence that offers sleeping accommodations to lodgers in eight or fewer rooms for rent, in the owner/operator's principal residence while renting rooms to lodgers, and serves breakfast in a common area at no extra cost to its guests.

Block means all property abutting one side of a street between the two nearest intersecting streets or other natural or manmade barriers.

Boarder orroomer means a person who regularly receives room or meals at another's single-family home for pay or services.

Boardinghouse (roominghouse orlodginghouse) means a building or dwelling unit other than a motel or hotel, where, for compensation and by prearrangement, meal, or lodgings are provided.

Boathouse means a structure located on the riparian front of a lot used solely for the storage of boats or boating equipment, and not used for habitation.

Brewery, micro, means a facility with a capacity to manufacture less than 15,000 barrels of alcoholic and non-alcoholic malt liquor a year. This definition does not include a brewpub.

Brewery, national, means a facility with a capacity to manufacture over 250,000 barrels of alcoholic and non-alcoholic malt liquor a year. This definition does not include a brewpub.

Brewery, regional, means a facility with a capacity to manufacture between 15,000 and 249,999 barrels of alcoholic and non-alcoholic malt liquor a year. This definition does not include a brewpub.

Brewpub means a small brewery operated in conjunction with a bar or restaurant provided the beer is sold for consumption on the premises and not sold to other bars, restaurants or wholesalers, except that an establishment licensed under M.S.A. § 340A.301, subd. 6(d) may sell growlers off-sale with appropriate city license.

Brick means a ceramic masonry or full brick unit, extruded or pressed into a rectangular shape, made of moist clay hardened by heat typically fired in a kiln and 3⅝ inches by 2¼ inches by eight inches or standard size or similar. For the purpose of this definition, the term "brick" is also known as face brick, which is a term used for brick that is not needed for structure support.

Broadcasting antenna, radio and television, means commercial, public or private broadcasting towers exceeding the district height limitations, or more than one tower of any height located on the same lot or parcel.

Buffer means the use of land, topography, difference in elevation space, fence, or landscape planting to screen or partially screen a use or property from another use or property, and thus reduce undesirable influences, such as sight, glare, noise, dust, and other external effects.

Buildable area means the space remaining on a lot after the minimum setback, drainage provisions, ponding, compensatory storage, soils, open space and other site constraint requirements of this chapter have been met.

Building means any structure having a roof which may provide shelter, support, protection, or enclosure of persons, animals, or property of any kind, and when such structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

Building height means the vertical distance to be measured from the grade of the building line to the top of the cornice of a flat roof, directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance between the rise and the eave of the highest gable on a pitched or hip roof.

Building line means an imaginary line separating buildable area and the required yards as defined in this section.

Building line, shore land, means a line measured across the width of the lot where the main structure is placed in accordance with setback provisions from the ordinary high water mark, as designated by the state department of natural resources.

Building setback means the minimum horizontal distance between the building and lot line or the normal high water mark, as designated by the department of natural resources.

Business means any occupation, employment or enterprise, wherein merchandise is exhibited or sold, or where services are offered for compensation.

Cannabis retailer is a business licensed by the State of Minnesota and registered with the city to sell cannabis and cannabis products directly to consumers, including medical cannabis. Cannabis retailer does not include any other state licensed cannabis types, including those who may have a combination license which includes retail.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than one-half of the floor to ceiling height below the average grade of the adjoining ground. Each room or area in a cellar shall be at least 7½ feet from floor to ceiling.

Channel means a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.

Church means 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.

Clear cutting means the removal of an entire stand of trees.

Club orlodge means a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available.

Cluster housing means the development pattern and technique where structures are arranged in closely related groupings to make the most efficient use of natural amenities of the land.

Commercial use means activity involving the sale of goods or services carried out for profit.

Compost facility means a site or facility for the controlled microbial degradation of leaves or grass clippings to yield a humus-like soil conditioner product.

Comprehensive plan means a computation of goals, policy statements, standards, programs and maps for guiding the physical, social, and economic development, both public and private, as defined in the state Municipal Planning Act, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

Concrete brick means a type of concrete block that is shaped, textured, and dyed to imitate clay full brick and about 3⅝ inches by 1¼ inches by eight inches or standard size or similar. For the purpose of this definition, the term "concrete brick" is also known as face brick, which is a term used for brick that is not needed for structure support.

Conditional use. A use classified as conditional generally may be appropriate or desirable in a specific zone, but requires approval because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.

Condominium means a form of individual ownership within a multifamily building which may entail joint ownership and responsibility for maintenance and repairs of the land and other common property of the building.

Condominium association means the community association which administers and maintains the common property and common elements of a condominium.

Cooperative means a multifamily dwelling building owned and operated by the residents. 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.

Copper is an untreated metal which is durable, corrosion resistant, prestigious in appearance, and has the ability to form complex shapes. Copper is used for a variety of architectural elements, including flashings, gutters, downspouts, domes, spires, vaults, wall cladding, and building expansion joints.

Corner lot means a lot situated at the junction of and fronting on two or more streets.

Correctional facility means a publicly or privately owned facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

Covenant means a contract between two individuals which constitutes a restriction of a particular parcel of land.

Deck means a structural platform without a roof, directly adjacent and accessible to a principal building.

Decorative masonry means individual units lain in and bound together by mortar, a masonry veneer, like brick masonry that is primarily decorative, not structural. Decorative masonry may include rock-faced concrete block, but not smooth surface concrete block.

Demolition debris means solid waste resulting from the demolition of buildings, roads, and other structures, including, but not limited to, concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock and plastic building parts.

Demolition debris land disposal facility means a site used to dispose of demolition debris.

Density means the number of dwelling units permitted per developable acre of land.

Density bonus means the allocation of development rights that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provisions or preservation of an amenity at the same site or at another location.

Development lot means a parcel or abutting parcels of land that have definite boundaries, which is improved and operated as a single unit of use.

Disposal facility means a waste facility that is designed or operated for the purpose of ultimate and complete disposal of waste on or in the land.

Distilled spirits means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.

District means a section of the city for which the regulations governing the height, area, use of buildings and premises are the same.

Diversion means a channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

Draining means the removal of surface water or groundwater from land.

Dredging means to enlarge or clean out a water body, watercourse or wetland.

Drive-in means any use where products or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether the service is provided within the building.

Drop-in center means a service agency for either the mentally ill, homeless people, teenagers that offers a place where people can go to obtain food and other services. Drop-in centers are usually open during the daytime.

Duplex means a building, also referred to as a two-family dwelling, designed as a single structure, containing two separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family on one lot.

Dwelling, multifamily, means three or more dwelling units in one structure. The term "multifamily dwelling" may include, but is not limited to, quadhomes, apartment buildings, condominiums, cooperatives, and assisted or independent living facilities.

Dwelling, single-family attached, means two dwelling units, each owned in fee and located on individual lots but joined along a single lot line, each of which is totally separated from the other by an unpierced wall extending from ground to roof.

Dwelling, single-family detached, means a detached dwelling unit owned in fee and located on an individual lot which is not attached to any other dwelling unit by any means.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single family.

Easement means a grant by a property owner for use of a strip of land by the public or any person for any specific purpose or the purposes of construction and maintaining utilities, including, but not exclusive of, the following: sanitary sewers, water mains, electric lines, telephone lines, other transmission lines, storm sewer, storm drainage ways, gas lines, other service utilities, etc.

Elderly housing, also known as congregate care or nursing home, means a shared residential living environment, which integrates shelter and service needs of functionally impaired or socially isolated older persons who are otherwise in good health and can maintain a semi-independent life style and who do not require constant supervision or intensive health care provided by an institution. Each resident has his own bedroom and may have a separate living room, kitchen, dining area, or bathroom and may share living, dining and bathroom facilities with other persons, such as in a common dining facility.

Electronic cigarette/vaporizer shops means a retail establishment that derives more than 50 percent of its gross revenue from the sale of any product, or any component part of a product, whether or not marketed or sold separately, containing or delivering, or designed to deliver, nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product.

Energy recovery facility means a facility used to capture the heat value of solid waste for conversion to steam, electricity, or immediate heat by direct combustion or by first converting it into an intermediate fuel product.

Essential services means underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith, but not, including buildings or transmission services.

Event center means a room, series of rooms, or building used for the hosting of parties, banquets, weddings or other receptions or social events.

Expansion means increasing the area or volume occupied by or devoted to a use, increasing the living space or occupant capacity of s structure, or adding uses or structures accessory to a nonresidential use or structure.

Extended-stay hotel means a hotel intended or designed to be rented and occupied for sleeping purposes for guests which contain kitchen facilities for food preparation including but not limited to refrigerators, stoves and ovens.

Exterior insulation and finish (EIFS) is a rigid insulation board adhered to a building's wall and coated with layers of reinforcing mesh and acrylic compound. This product is known as synthetic stucco.

Exterior material calculation means the percentage of architectural materials required by calculating the gross surface area of each elevation, exclusive of windows, doors, or garage doors.

Family means an individual or a group of two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, and using common cooking and kitchen facilities.

Fence means any partition, structure, wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard.

Fiber cement boarding siding, also known as cement board siding, is a building material used to cover the exterior of a building in both commercial and domestic applications. Fiber cement is a composite material made of sand, cement and cellulose fibers or wood pulp. This product has a wood grain imprint and is either painted at the time it is manufactured or at the time of installation.

Floor area means the area included within the surrounding exterior walls of a building or portion thereof, including the sum of the gross horizontal areas of several floors of a building, including interior balconies, mezzanines, basements, and attached buildings, exclusive of vent shafts, courts, utility rooms, stairs, escalators, or the like.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a buildings by the lot area on which such buildings are located.

Frontage means the boundary of a lot which abuts an existing or dedicated public street.

Garage means an attached or detached accessory building that is designed primarily for parking and storage of vehicles.

Garage, public, means any premises, except those described as a private garage, used for the storage or care of power-driven vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, repair, means a building or space for the repair or maintenance of vehicles, but not, including factory assembly of such vehicles, auto wrecking establishments or junkyards.

Gasoline service station means any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels, oils, or lubricants. When the use is incidental to the conduct of a public garage, the premises is classified as a public garage.

General floodplain districts means those areas designated as unnumbered A zones on the flood insurance rate map.

Grade (adjacent ground elevation) means 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 from the building, between the building and a line five feet from the building.

Grading means changing the natural or existing topography of land.

Greenbelt means a planned barrier consisting of dense vegetation used for the purpose of separation and screening of land uses.

Greenhouse means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers, shrubbery, vegetables, trees, or other horticultural and floricultural products.

Group residential housing means a group living situation that provides at a minimum room and board to unrelated persons who meet the eligibility requirements of state statutes.

Holiday signs means signs or displays which contain or depict a message pertaining to a national or state holiday, and no other matter.

Homeless shelter means a facility providing temporary housing to indigent, needy, homeless, or transient persons that provides ancillary services such as counseling, vocational training, etc.

Home occupation means any occupation or profession carried on by a member of the family residing on the premises, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and does not utilize more than 25 percent of the building's gross floor area.

Hotel means any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in an individual room or apartment.

House trailer means a vehicle, used or capable of being used for sleeping or living quarters for one or more persons, having no foundation other than wheels or jacks and propelled by its own or by another power-driven vehicle to which it may be attached.

Impervious surface means an artificial or natural surface through which water, air or roots cannot penetrate.

Independent living facility. See Assisted living facility.

Indoor self-storage facility means a climate-controlled building with controlled access that contains varying sizes of internally accessible individual, compartmentalized, and stalls or lockers for the storage of tenants' goods or wares.

Industrial solid waste means all solid waste generated from an industrial or manufacturing process and solid waste generated from nonmanufacturing activities such as service and commercial establishments. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, or household refuse.

Industrial solid waste land disposal facility means a site used to dispose of industrial solid waste in or on the land.

Initiation of construction means the first placement of permanent evidence of a structure on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings, or any work beyond the state of excavation, grading or demolition, including the relocation of a structure. The term "initiation of construction" does not include the installation of streets, walkways, sidewalks, or parking lots; the excavation for a basement, footings, piers, or foundations; or the installation on the property of temporary buildings, such as garages, sheds, or trailers.

Junk means, but is not limited to, old or scrap signs, copper, brass, rope, rags, batteries, rubber debris, waste, junked, dismantled appliances or parts thereof, wrecked automobiles, farm, or construction machinery or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material which is stored, disassembled or sold without being processed for recycling.

Junk vehicle means any motor vehicle, part of a motor vehicle, or former vehicle stored which is:

(1)

Unusable or inoperable because of lack of or defects in component parts;

(2)

Damaged from collision, deterioration, or otherwise;

(3)

Beyond repair, and, therefore, not intended for future use as a motor vehicle;

(4)

Being retained on the property for possible use of salvageable parts; or

(5)

Not properly and currently licensed for operation.

Junkyard means an establishment, place of business, or place of storage or deposit, which is maintained, operated, or used for storing, disassembling, keeping, buying, or selling unprocessed junk or storing, keeping, buying, or selling wrecked, scrapped, ruined or dismantled motor vehicles for the purpose of selling used motor vehicle parts. The term "junkyard" does not include a metal recycling facility.

Lap siding is the protective material or wall cladding attached to the exterior side of a building wall consisting of overlapping beveled boards made of cedar or redwood with a maximum six-inch width.

Live-work dwelling means a residential occupancy, by a single housekeeping unit, of one or more rooms or floors in a building which includes:

(1)

Cooking space and sanitary facilities in conformance with city building standards; and

(2)

Adequate working space accessible from the living area, reserved for, and regularly used by, one or more persons residing therein.

Lodginghouse means a building or place containing not more than one unit, where lodging with or without meals is provided for compensation to one or more persons.

Lot means land occupied or to be occupied by one principal building or use and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the city council.

Lot, double frontage, means an interior lot having frontage on two streets.

Lot, interior, means a lot other than a corner lot.

Lot, through, means a lot fronting on two parallel streets.

Lot area means the land area within the lot lines.

Lot depth means the minimum horizontal distance between the front lot line and the rear lot line of a lot.

Lot frontage. The front of a lot shall be that boundary abutting a public right-of-way.

Lot line means the property line bounding a lot, except that where any portion of a lot extends into a public right-of-way or a proposed right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street. In no case shall there be more than two front lot lines applied to any lot. Any other lines abutting a public right-of-way shall be designated by the zoning administrator as either a side or rear lot line.

Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from, the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot which is one unit of a plat duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, that has been recorded in the office of the county recorder prior to January 18, 1965.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured on or within the front yard setback requirements.

Manufactured home, trailer coach, trailer orautomobile trailer means any vehicle or structure designed and constructed in such a manner as will permit occupancy thereof as a dwelling, or sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade for use as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, or it may be a structure as designed and constructed in such a manner that it can be transported in one or several segments by some other means other than its own power, excepting a device used exclusively upon stationary rails or tracks.

Manufactured home park means any park, trailer park, trailer court, trailer camp, trailer camp site, court, lot, parcel or track of land designed, maintained or intended for the purpose of supplying a location or accommodations for any manufactured home coach and upon which any manufactured home coach is parked and 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 and its facilities or not. The term "manufactured home park" shall not include automobile or manufactured home sales lots on which unoccupied manufactured homes are parked for the purposes of inspection and sale.

Manufactured home stand means that part of an individual lot which has been reserved for the placement of a manufactured home.

Manufactured home unit means a section of ground in a manufactured home park of not less than 5,000 square feet of unoccupied space in an area designed as the location for one manufactured home, off-street parking space for two automobiles and other uses considered pertinent to the establishment and use of a manufactured home residence as permitted by this chapter.

Manufacturing means an establishment of activity primarily engaged in manufacturing or production or assembly which does not involve on the premises, the use of heat, excessive noise, or odor generating production processes which can be detected off-site. Production is predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products entirely within a building. The term "manufacturing" does include the creation of food products and malt beverage, wine, distilled and blended liquors.

Marquee means a permanent roof-like structure extending from part of the wall of a building but not supported by the ground, and constructed of durable material such as metal or glass.

Mean flow-level means the average flow elevation of a stream or river computed as the midpoint between extreme low and extreme high water.

Medical uses means those uses concerned with the diagnosis, treatment, and care of human beings. The term "medical uses" includes hospitals, dental services, medical services, or clinic, nursing or convalescent homes, orphan homes, rest homes, sanitariums.

Merchandising services means the installation and setup of displays, signs, fixtures, cabinets, checkouts, etc. that need to be installed in a retail environment. The term "merchandising services" may also include merchandising, stocking, retail surveys, point of sale integrity, space management analysis, consulting, retail plans, and label development.

Metal recycling facility means a facility at which recyclable materials are received and prepared or processed into a substantially different form and separated into the base component metals from which it is composed with the resulting metal product being shipped directly to consumers to be melted and made into new metal.

Metes and bounds description means 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 delineates a fractional portion of the section, lot or area by described lines or portions thereof.

Microdistillery means a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.

Mining means the extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removal thereof from the site. The term "mining" shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility and highway construction, minor agricultural and sod removal except as further regulated in this chapter.

Mining operation means the removal from the land of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products or other material for commercial, industrial, or governmental purposes.

Mixed municipal recyclable materials means materials that are separated from mixed municipal solid waste for the purpose of recycling, including items such as paper, glass, plastics, automobile oil and batteries. Refuse derived fuel, material destroyed by incineration or junk as defined by this chapter are not recyclable materials.

Mixed municipal recycling facility means a facility at which recyclable materials separated from mixed municipal solid waste are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use.

Mixed municipal solid waste means garbage, refuse and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection. The term "mixed municipal solid waste" does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.

Motel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Municipal water and sewer systems means utility systems serving a group of buildings, lots, or an area of the city, with the design and construction of such utility systems as approved by the public services director.

Natural drainage system means all land surface areas which, by nature of their contour configuration, collect, store, and channel surface water runoff.

Natural obstruction means any rock, tree, gravel or analogous material matter that is an obstruction and has been located within a water body, watercourse, or wetland by a nonhuman cause.

Natural stone is a natural stone veneer product that is mined in quarries. The stone is cut to a two-inch to three-inch depth and adhered to a building wall.

Noise means one, or a group of, loud, harsh nonharmonious sounds or vibrations that are present and irritating to the ear.

Noise, ambient, means all-encompassing sounds associated with a given environment, which may be either a composite of sounds, transmitted by any means from many sources near and far or from a single-predominant source.

Noxious means matter which is capable of causing injury or is in any way harmful to living organisms, or is capable of causing detrimental effect upon the health, the physiological and social or economic well-being of human beings.

Nuisance is as defined in sections 30-33 through 30-35.

Nursing home, rest home orconvalescent home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder, but not containing equipment for surgical care or for treatment of disease or injury. A nursing home shall be licensed by the state board of health, as provided for in M.S.A. § 144.50.

Off-street loading space means 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. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.

Open sales lot means land devoted to the display of goods for sale, rent, lease, advertising, merchandising, or trade where such goods are not enclosed within a building, including, but not limited to, flea markets.

Open space means any open area not covered by structures or parking.

Open space, common, means a parcel of land or an area of water not required for storage of the regional flood or a combination of such land and water area within the site designated for private open space for the sole benefit, use and enjoyment of the homeowners within a planned unit development or similar developments associated with common open space area.

Open space, private, means any open space owned by a person.

Open space, public, means any open space publicly owned.

Open storage means storage of any material outside of the building or structure.

Ordinary high water level means 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 level shall be the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level shall be the operating elevation of the normal summer pool.

Orientation means the placement of a structure on its lot with regard to other structures, natural elements, such as sun, window and impacts from noise, glare, and similar adverse elements.

Outdoor activities means outdoor activities such as loading and unloading from a vehicle to a commercial, manufacturing or processing use. Outdoor activities do not include an individual person accessing individual mini-storage units.

Outdoor self-storage facility means a building or group of buildings in a controlled access and fenced facility that contain varying sizes of externally accessible individual, compartmentalized, and stalls or lockers for the storage of tenants' goods or wares.

Outdoor storage means the keeping of any goods, material, merchandise, or vehicles in the same location for more than seven consecutive days outside of a building or structure. The term "outdoor storage" includes storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials.

Parking ramp means an accessory structure or use for the storage of motor vehicles at, below or above grade.

Parking space means an area of not less than 8½ feet in width and 20 feet in length, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

Party wall means a common wall which divides two independent structures.

Pedestrian way means a public or private right-of-way across or within a block, to be used by pedestrians.

Performance standards means criteria established to control environmental conditions, such as, but not limited to, odor, smoke, toxic or noxious matter, vibrations, fire and explosive hazard, glare, and runoff generated by or inherent in use of land or building.

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

Place of worship means a church, synagogue, temple, mosque, or other facility that is used for prayer by person of similar beliefs; a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

Plan, concept, means a report in map and text form submitted as the first step of a planning unit development (PUD) proposal, depicting the location, general purpose, general type of land use, and circulation pattern, primary relationship between site elements and between the proposed development and surrounding development, proposed general schedule of development and information on the proposed developer.

Plan, site, means a map or graphics prepared to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, existing and proposed grading, walkways, and other site development information as related to a proposed development.

Planned unit development means a development, having two or more principal uses or structures on a single tract or tracts of land, developed according to a plan approved by the city, under single ownership or unified control. A planned unit development allows for flexibility not available under normal zoning district requirements. A planned unit development may include a combination of land uses.

Planning commission means the duly appointed planning advisory group with duties as defined by state law and the city council.

Plaza means an open space that may be improved or landscaped, used for public purposes such as outdoor seating, outdoor gathering areas or landscaped courtyard, usually surrounded by streets and buildings and is not used for outdoor sales, storage or for a parking space or drive lane.

Plat means a map, graphics or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record title. The plat is a recorded legal document and must conform to state law.

Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include access to direct sunlight for solar energy systems.

Prefabricated home means a nonmobile housing unit, the walls, floors and ceilings of which are constructed at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.

Principal structure or use means one which determines the predominant use as contrasted to accessory uses or structures.

Principal use means the primary or main use of land or buildings as distinguished from subordinate, incidental or accessory uses.

Property line means the legal boundaries of a parcel of property which may also coincide with the right-of-way of a road, cartway and the like.

Public building means a building owned and operated by the city, including, but not limited to, fire stations, wells, city hall, public services, senior citizen facilities and police facilities.

Public facade means sides of a building that are visible from and within 200 feet of a public street, rail line, public park, public plaza or other public open space.

Public land means land owned or operated by a municipality, school district, county, state, or other governmental unit.

Public uses means uses owned or operated by a municipality, school district, county, state or other governmental unit.

Public waters has the meaning provided in M.S.A. § 103G.005, subd. 15(a) and also means any waters of the state which serve a beneficial public purpose. However, no lake, pond, or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles need be regulated by the city for the purposes of these regulations. A body of water created by a private user where there was no previous shore land, as defined in this section, for a designated private use authorized by the commissioner and the state department of natural resources shall be exempt from the provisions of these regulations.

Quadhome means a four-unit multifamily residence building with private entrances to each unit.

Reclamation, land, means the improvement of land by the depositing of material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land.

Registered land survey means a survey map of registered land designed to simplify a complicated metes and bounds description designating the land description into tracts of registered land survey numbers.

Religious use means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs is held.

Residence means a building used exclusively as a home, except for accessory uses.

Riparian lot means a lot which has a front, rear, or side line contiguous to or below the ordinary high water level of a river. Such line shall be the front lot line.

Road means a public right-of-way affording primary access by pedestrians in vehicles to abutting property, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, land, place, or however otherwise designated. Egress and ingress easements shall not be considered roads.

Rock face block means concrete masonry units with one or more faces produced by purposeful fracturing of the unit to provide architectural effects in masonry wall construction.

Roominghouse means a residential building with three or more rooms for lodgers, and wherein no dining facilities are maintained for the lodge, as distinguished from a boardinghouse.

Rowhouse means s structure consisting of attached dwelling units owned individually and not by one owner.

Selective cutting means the removal of single scattered trees.

Shelter means a structure or part of a structure used for the temporary sheltering of abused individuals or the homeless and where qualified supervision and care shall be provided for those housed in the facility.

Shore impact zone means land located between the ordinary high water level of public waters and a line parallel to it at a setback of 50 percent of the required structure setback or 50 feet landward of the ordinary high water level in areas of agricultural use.

Shore land means land located within the following distances from public water:

(1)

1,000 feet from the normal high water mark of a lake, pond, or flowage; or

(2)

300 feet from a river or stream or floodplain designated by ordinance on such a river or stream, whichever is greater.

The practical limits of shore lands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances. Public waters shall be any existing body of water, wetland, or drainage way designated by the state department of natural resources.

Shore land alteration means grading and filling in shore land areas or any alteration of the natural topography where the slope of the land is towards a public water or watercourse leading to a public water.

Shore land setback means the minimum horizontal distance between the structure and the normal high water mark.

Single-family dwelling. See Dwelling, single-family attached and Dwelling, single-family detached.

Social service agency means a facility operated by an organization which provides services such as training, counseling, health, or the distribution of food or clothing. The term "social service agency" includes but is not limited to a facility offering life skills training, substance abuse training, counseling, housing services, or a neighborhood recovery center. This term does not include transitional housing.

Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities.

Solid waste land disposal facility means a facility used to dispose of solid waste in or on the land.

Solid waste management facility means a facility for the storage, collection, transportation, processing or reuse, conversion, or disposal of solid waste.

Soup kitchen means a food service use that provides free meals for consumption on site.

Split face rock is a rough-faced building stone cut from stratified rock so that the split face exposes the natural texture of the rock face.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it.

Story, half, means that portion of a building under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.

Street means a public right-of-way 34 feet or more in width, affording a primary means of access to abutting property.

Street, arterial or major, means a street which serves, or is designated to serve, heavy flows of traffic which is used primarily as a street route for traffic between communities or other heavy traffic generating areas.

Street, collector, means a street which services, or is designed to serve, as a traffic way for a neighborhood or as a feeder to a major roadway. Direct driveway access is limited to the greatest extent possible.

Street, local, means a street intended to serve primarily as access to abutting properties.

Street frontage means the proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot has two frontages.

Street pavement means the wearing or exposed surface of the roadway used by vehicular traffic.

Street right-of-way means the width of the right-of-way, measured at right angles to the centerline of the street.

Street width means the width of street surface measured at right angles between the curbs or edge of pavement.

Structural alteration means any change, other than incidental repairs, which would prolong the life of supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Structure means anything which is built, constructed or erected on the ground or attached to the ground; an edifice or building of any kind; or any piece of work artificially built up or composed of parts jointed together in some definite manner, whether temporary or permanent in character, including decks and signs.

Stucco, also known as cementitious stucco, consists of thick layers of a sand and cement mixture applied over mesh and a cement block base or building wall.

Subdivision means the division or redivision of a lot, tract, or parcel of land into two or more lots, either by plat, metes and bounds, or by registered land survey.

Substandard use means any use existing prior to the date of the ordinance from which this chapter is derived which is permitted within the applicable zoning district but does not meet the minimum lot area, frontage, setbacks, water frontage length, or other dimensional standards of this chapter.

Synthetic stone, also known as manufactured stone, cast stone, cultured stone, or cementous stone, is made by molding concrete into rock or stone shapes and dying them with color pigment to a real stone appearance. Synthetic stone is adhered to a building wall.

Taproom means an area on the premises of or adjacent to one brewery location owned by the brewer that allows the on-sale of malt liquor produced by the brewer for consumption. Such use shall be accessory to the primary use of a national, regional or microbrewery and may be a restaurant.

Thin brick means a brick made from clay and fired in a kiln like full brick but with a depth of one inch or less. Thin brick can be adhered to the sheathing of building walls with lath and a mortar bed.

Tobacco shop means retail establishment that derives more than 50 percent of its gross revenue from the sale of any product, or any component part of a product, whether or not marketed or sold separately, containing or delivering, or designed to deliver, nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product.

Tongue and grove paneling is a form of exterior siding attached to the exterior side of a wall or building consisting of tongue and grove boards of cedar or redwood with a maximum six-inch width, which may not be installed in a diagonal direction.

Topsoil means black dirt composed of unconsolidated material, largely undecomposed organic matter.

Towing service means an establishment that provides for the removal and temporary outdoor storage of vehicles complying with state law but does not include disassembly, salvage, or accessory storage of inoperable vehicles.

Townhouses means structures housing two or more dwelling units of not more than two stories each and contiguous to each other only by sharing one common wall, such structures to be of the townhouse or row house type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances. Each unit shall be served by individual utilities.

Toxic and hazardous waste means waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and waste which requires special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.

Transfer station means a facility in which solid waste or demolition debris is collected, sorted, or temporarily deposited to await transportation to the final disposal site or facility.

Transitional housing means temporary housing that is professionally managed by a public or nonprofit agency providing shelter, which is integrated with other social services and counseling programs that support the agencies' mission to assist a person to transition back to self-sufficiency through the acquisition of a stable income and permanent housing.

Use means the purpose or activity for which the land or building thereon is designated, arranged, or intended, for which it is occupied, utilized, or maintained.

Use, permitted, means a public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district.

Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Useable open space means 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 useable 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 recreation purpose. Roofs, driveways and parking areas shall not constitute useable open space.

Variance means a modification or variation of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause practical difficulties.

Vehicle.

Mid-size vehicle means any motorized vehicle or trailer more than eight feet and up to nine feet in height or more than 22 feet and up to 25 feet in length, or more than 12,000 pounds and up to 15,000 pounds gross vehicle weight.

Oversized vehicle means any motorized vehicle or trailer more than nine feet in height, or more than 25 feet in length, or more than 15,000 pounds gross vehicle weight.

Stored vehicle means a parked vehicle that has remained in the same location for seven consecutive days or more. Any vehicle moved less than 300 feet shall be deemed to have remained in the same location.

Height is measured from the ground to the highest point on the vehicle at recommended tire pressure. All accessories, attachments, and materials carried on the vehicle are considered part of the vehicle. Length is measured at the longest point of the vehicle or, if the vehicle is a trailer, the horizontal distance between the front and rear edges of the trailer bed. All accessories, attachments, and materials carried on the vehicle are considered part of the vehicle.

Vet (veterans) center means a United States Federal Government community-based counseling center facility run by the Department of Veteran Affairs within the Veterans Health Administration Readjustment Counseling Service or RCS that provides a wide range of social and psychological services, including professional readjustment counseling to eligible veterans, active duty service members, including members of the National Guard and Reserve components, and their families. This does not include transitional housing or homeless shelter services.

Vinyl siding is made of plastic exterior cladding material in plank-like pieces, which comes in predefined colors, is 0.44 mm in thickness or greater, and often has a wood grain imprint.

Water body means a body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.

Watercourse means a channel or depression through which water flows, such as rivers, streams, or creeks, and may flow yearround or intermittently.

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

Watershed management or flood control structure means a dam, floodwall, wingdam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term "watershed management or flood control structure" does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by period from the commissioner of the state department of natural resources.

Wetland means land which is annually subject to a periodic or continuing inundation by water and commonly referred to as a bog, swamp, or marsh.

Wine bar means an establishment that specializes in the serving of wine and serves food.

Wood shingles, also known as wood shakes, are both sawn and split, wood type cedar, with six-inch maximum exposure area. Rough-surface shake is considered to be more rustic and historic, which are installed on building walls.

Yard means a required open space on the lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. A yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line between the side lot lines and extending from the abutting street right-of-way to the depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means an open space unoccupied except for accessory buildings on the same lot with a building, between the rear lines of the building and the rear line of the lot, for the full width of the lot.

Yard, side, means the yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

Zero lot line split means the instance where a structure is allowed to be constructed over a lot line of two adjoining lots.

Zoning administrator means the officer charged with the administration and enforcement of this chapter.

Zoning amendment means a change of the zoning map or zoning text authorized by the city, either in the allowed use within a district, or in the boundaries of a district.

Zoning district means an area within the limits of the city for which the regulations and requirements governing use are uniform.

Zoning district, overlay, means a zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

Zoning map means the maps incorporated into this chapter as a part thereof, designating the zoning districts.

(Prior Code, § 74-2; Ord. No. 2017-1671, 5-1-2017; Ord. No. 2018-1687, § 1(74-2), 3-5-2018; Ord. No. 2018-1697, § 1(74-2), 9-17-2018; Ord. of 10-15-2018; Ord. No. 2020-1731, § 1(Exh. A), 12-11-2020; Ord. No. 2024-1796, § 1, 12-16-2024)

From the effective date of the ordinance from which this chapter is derived, the use of all land and every building or portion of a building erected, altered and, with respect to height and area, added to, or relocated, and every use within a building or use accessory thereto, in the city shall be in conformity with the provisions of this chapter.

(Prior Code, § 74-3)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

(Prior Code, § 74-4)

Any landowner seeking vacation of an interest of the city in real property within the city may institute appropriate proceedings by paying such fees to cover administrative costs as are determined by the council by resolution. Additionally, the applicant shall reimburse the city for all out-of-pocket expenses, including attorneys' fees, incurred in connection with vacation proceedings. Such fees and expenses shall be nonrefundable, whether or not the vacation is completed.

(Prior Code, § 74-5)

State Law reference— Vacating streets in third class charter cities, M.S.A. § 440.135.