For the purpose of this ordinance, certain words and phrases are defined as follows:

(1)

Accessory building. A subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building. (See section 703.)

(2)

Accessory use. A use incidental or subordinate to the principal use of the same land.

(3)

Administrator. The community zoning administrator.

(4)

Agriculture. See "farm" definition and section 742.

(5)

Agricultural building. A structure on agricultural land as defined in "farm/rural" of this section, designed, constructed and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products.

(6)

Alley. A public right-of-way which affords a secondary means of access to abutting property.

(7)

Animals, domestic pets. Dogs, cats, birds and similar animals commonly kept in a residence. Animals considered wild, exotic or nondomestic, such as bears, lions, wolves, ocelots and similar animals, shall not be considered domestic pets.

(8)

Animals, domestic farm. Cattle, hogs, horses, bees, sheep, goats, chickens and other animals commonly kept for commercial food producing purposes.

(9)

Apartment. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family. (Includes buildings with two or more dwelling units and efficiency units.)

(10)

Area, net developable. Those lands within a development parcel remaining after the deletion of floodplains, wetlands, slopes greater than 12 percent and unbuildable easements or rights-of-way.

(11)

Attorney. The community attorney.

(12)

Automobile service station (gas station). A place where any motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing, oiling or sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and motor services to passenger automobiles and trucks not exceeding 1½ tons capacity. This definition shall not include major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair; overhaul, painting or paint job, vehicle steam cleaning or automatic car or vehicle washing devices.

(13)

Automobile service uses. Those uses catering to the traveling public. These include auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants.

(14)

Automobile repair. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above-stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.

(15)

Auto or motor vehicle reduction yard. A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See also Junkyard.)

(16)

Basement. A portion of a building between floor and ceiling, located partly above and partly below grade, and having one-half or less of its floor to ceiling height below the average grade of the adjoining ground. Earth-sheltered houses that meet all other requirements of the building code shall not be considered basements.

(17)

Reserved.

(18)

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal or property of any kind. When any portion thereof is completely separated from every other part thereof by area separation, each portion of such building shall be deemed as a separate building.

(19)

Building code. The Minnesota state building code.

(20)

Building height. The vertical dimension, measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof and to the average height between the top plate and ridge of a gable, hip, or gambrel roof.

(21)

Building official. The officer or other designated authority, certified by the State of Minnesota under M.S.A. § 16.861, charged with the administration and enforcement of the state building code, or his duly authorized representative.

(22)

Building setback. The minimum horizontal distance between the building and the lot line.

(23)

Building setback line. A line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluffline or a high water mark or line, behind which buildings or structures must be placed.

(24)

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

(25)

Carport. An automobile shelter having one or more sides open.

(26)

Cellar. That portion of the building having more than one-half of the clear floor-to-ceiling height below the average grade of the adjoining ground. Underground buildings that meet all other requirements of the building code shall not be considered cellars.

(27)

Certificate of compliance. See section 506.

(28)

Certificate of occupancy. See section 510.

(29)

Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, including but not limited to streams, rivers, creeks, ditches, drainageways, canals, conduits, culverts, waterways, gullies, ravines or washes; and including any area adjacent thereto which is required to carry and discharge the regional flood.

(30)

Channel flow. That water which is flowing within the limits of a channel.

(31)

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.

(32)

Cluster development. A pattern of subdivision development which places detached houses, duplexes or townhouse units into compact groupings while providing a network of commonly owned or dedicated open space.

(33)

Club or lodge. A nonprofit association or persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.

(34)

Commercial. See section 604 for permitted uses.

(35)

Commercial food producing farm operations. See "farm/rural" and section 744.

(36)

Community. The [geographical boundary of the] governmental unit which has adopted this ordinance, except where otherwise indicated.

(37)

Comprehensive plan. The policies, statements, goals and interrelated plans for private and public land and water use, transportation and community facilities, including recommendations for planned execution, documented in texts, ordinances and maps which constitute the guide for the future development of the community or any portion of the community.

(38)

Condominium. See "dwelling, multiple or apartment building."

(39)

Conditional use. A land use or development as defined by ordinance that may not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that:

(1)

Certain conditions as detailed in the zoning ordinance [Appendix B] exist;

(2)

The use or development conforms to the comprehensive land use plan of the community; and

(3)

[Such use] is compatible with the existing neighborhood.

(40)

Council. The governing body of the city.

(41)

Curb level. The grade elevation of the curb in front of the center of a building. Where no curb has been established, the community engineer shall determine a curb level or its equivalent for the purpose of this ordinance.

(42)

Decibel. The unit of sound measured on the "A" weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the "Standards on Sound Level Meters of the USA Standards Institute."

(43)

Depth of lot. The horizontal distance between the frontage right-of-way line and rear lot line. On a corner lot, the side with the largest frontage is its depth, and the side with the lesser frontage is its width.

(44)

Depth of rear yard. The horizontal distance between the rear building line and the rear lot line.

(45)

Disposal area, on-site sewage treatment. (For future use.)

(46)

Dredging. The process by which soils or other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.

(47)

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

(48)

Dwelling. A building or one or more portions thereof occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. (Also see Dwelling unit.)

(49)

Dwelling, attached. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

(50)

Dwelling, detached. A dwelling which is entirely surrounded by open space on the same lot.

(51)

Dwelling, duplex or two-family. A residential building containing two complete dwelling units.

(52)

Dwelling, multiple or apartment building. A residential building, or portion of a building, containing three or more dwelling units served by a common entrance.

(53)

Dwelling, single. A residential building containing one detached dwelling unit.

(54)

Dwelling, seasonal. A residential building not capable of yearround occupancy due to nonwinterized construction or inadequate nonconforming yearround on-site sewage treatment systems.

(55)

Dwelling, townhouse. A residential building containing two or more dwelling units with at least one common wall, each unit so oriented as to have all exits directly to the out-of-doors.

(56)

Dwelling unit. A residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used or intended for use exclusively as living quarters for one family.

(57)

Engineer. The community engineer.

(58)

Essential services—Governmental uses, buildings and storage. Governmental services such as office buildings, garages, temporary open space, open storage when not the principal use, fire and police stations, recreational areas, training centers, correctional facilities or other essential uses proposed by federal, state, county, local, special districts and school districts, except that schools shall not be permitted under this provision.

(59)

Essential services—Public utility uses. Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories; but not including buildings or transmission services.

(60)

Essential services—Public utility uses, transmission services, buildings and storage. Transmission service such as electrical power lines of a voltage of 37 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for en route consumption or other similar equipment and accessories.

(61)

Exterior storage (includes open storage). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

(62)

Family. An individual, or 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, exclusive of servants.

(63)

Farm, rural. A rural farm is a commercial food producing use on ten or more contiguous acres and is defined under a portion of Minnesota Agricultural Property Tax Law (Green Acres Law), M.S.A. § 273.111, subd. 6, Agricultural Property Tax to wit: Real property shall be considered to be an agricultural use provided that annually it is devoted to the production for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, apiary products.

(64)

Farm, suburban. A suburban farm is a noncommercial food producing use primarily intended for the use of the residents, and usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables and domestic pets.

(65)

Feed lot. The place of housing or feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals.

(66)

Fence. A partition, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure.

(67)

Fill. Any act by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed or transported and shall include the conditions resulting therefrom.

(68)

Final plat. A drawing or map of an approved subdivision, meeting all requirements of the subdivision ordinance, and in such form as required by the community for purposes of recording.

(69)

Floor area. The gross area of the main floor of a residential building, measured in square feet, and not an attached garage, breezeway or similar attachment.

(70)

Floor area, gross. The sum or the gross area of the various floors of a building, measured in square feet. The basement floor area shall not be included unless such area constitutes a story.

(71)

Floor area ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located.

(72)

Floor plan, general. A graphic representation of the anticipated use of the floor area within a building or structure.

(73)

Frontage. That boundary of a lot which abuts a public street or private road.

(74)

Garage, private. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on; provided, that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle. The load capacity of such commercial vehicle shall not exceed one ton.

(75)

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

(76)

Garage, storage. Any premises, except those described as a private or public garage, used exclusively for the storage of power-driven vehicles.

(77)

Governing body. The board of supervisors of a town, city council of a city or board of commissioners of the county.

(78)

Home occupation. Any gainful occupation or profession engaged in, at, or from a dwelling unit by the occupant of the dwelling unit. Except for occasional outdoor educational activities, the "home occupation" must be conducted within the dwelling unit, and not within accessory buildings other than a detached garage if the dwelling unit does not have an attached garage. No signs other than those normally utilized in a Residential District shall be allowed. The "home occupation" shall not occupy more than 1,000 square feet. Permitted "home occupation" uses include professional offices, consulting services, repair services for minor office equipment or minor appliances, furniture reupholstery, licensed or certified therapeutic massage, photo or art studios, barber shops, beauty shops, dressmaking/tailoring, product redistribution or teaching. Teaching shall be limited to no more than 12 students at any one time.

A "home occupation" shall not include any of the conditional uses listed in the city's zoning ordinance, nor shall it include furniture finishing and refinishing, auto body repair, auto body painting, motor vehicle repair, recreational vehicle repair, boat repair, personal water craft repair, sales of motor vehicles and recreational vehicles, boat sales, motorcycle repair, engine repair, transmission repair, junkyards, towing services and animal kennels.

All "home occupations" permitted by this subsection shall comply with the following provisions and standards:

(1)

The "home occupation" does not result in any exterior alterations to structures located on the property.

(2)

Materials associated with the "home occupation" shall not be stored outside of an enclosed building. Outdoor displays of goods or outside storage of equipment is not permitted.

(3)

Conduct of the "home occupation" does not generate more noise, vibration, glare, fumes, odors or electrical interference than normally associated with a residential occupancy in the neighborhood.

(4)

The "home occupation" is not of the scale requiring the use of a commercial vehicle for delivery of materials to and from the premises. A commercial vehicle shall be defined as any vehicle consisting of a tractor and trailer component and/or any vehicle with a gross weight exceeding 26,000 pounds.

(5)

The "home occupation" shall not generate sewage of a volume or rate greater than normally associated with residential occupancy, nor shall it generate hazardous waste or solid waste at a volume or rate greater than that associated with a residential occupancy.

(6)

Over-the-counter retail sales are not permitted, except for the sale of those products which are incidental to the "home occupation," which are purchased by a customer of the "home occupation" business, and except for products sold through a redistribution business.

(7)

The "home occupation" shall have no more than two on-street parking spaces for vehicles associated with the "home occupation." Any additional parking needed as a consequence of the "home occupation" shall meet off-street provisions but shall not be permitted in the front yard.

(8)

No more than one person other than those living in the residence, shall be employed in the "home occupation."

(9)

No "home occupation" will be allowed in which the city council has determined [that] the "home occupation" is a nuisance of any kind to neighboring properties.

(10)

No "home occupation" will be allowed which, in the opinion of the city council, jeopardizes the health, safety, and welfare of the residents of the city.

(11)

There shall be no renting of space in a residence in which a "home occupation" is conducted for nonresidential purposes.

(79)

Hotel. A building having provision for nine or more guests in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestroom, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

(80)

Institutional housing. Housing for students, mentally and physically handicapped and similar housing of a specialized nature.

(81)

Junkyard. An area where discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

(82)

Kennel, commercial. Any place where four or more of any type of domestic pets, over four months of age, are boarded, bred, trained or offered for sale.

(83)

Kennel, private. Any place where four or more of any type of domestic pets, over four months of age, are owned by any member or members of the household.

(84)

Land alteration. The excavation or grading of land involving movement of earth and materials in excess of 50 cubic yards.

(85)

Land reclamation. The reclaiming of land by depositing material so as to elevate the grade. Depositing a total of more than 50 cubic yards of material per lot or parcel, either by hauling in or regrading the area.

(86)

Landscaping. Planting trees, shrubs and turf covers such as grasses and shrubs.

(86.1)

Light distribution warehouse. A use involving the storage of raw materials or manufacture goods before distribution for sale that may include assembly, processing, stocking, labeling, packaging, inspection, shipping, receiving, and office activities.

(86.5)

Limited transit vehicle storage facility. An indoor parking garage designated to store small or mid-size bus or passenger vans for use in transporting up to 16 passengers, not goods or services. The facility shall allow storage and dispatching of these vehicles, but does not allow for pick-up or drop-off of passengers at the facility at any time. As an accessory use, the facility may contain a small office area for employee use during business hours and may permit light, routine maintenance of limited transit vehicles associated with the business, to include oil changes, vehicle inspections, tire changes, and brake pad replacement, inside the building, during limited business hours.

(87)

Loading space. A space, accessible from a street, alley or way, in or outside of a building, for the use of trucks while loading and unloading merchandise or materials.

(88)

Reserved.

(89)

Lot. A parcel of land designated by metes and bounds, registered land survey, plat or other means, and which description is either recorded in the office of the Washington County recorder or registrar of titles or used by the county treasurer or county assessor to separate such parcel from other lands for tax purposes.

(90)

Lot area. The area of a horizontal plane within the lot lines.

(91)

Lot area, minimum, per dwelling unit. The minimum number of square feet or acres of lot area required per dwelling unit.

(92)

Lot, buildable. A lot which meets or exceeds all requirements of the community land use and development ordinances without the necessity of variances.

(93)

Lot, corner. A lot situated at the junction of and abutting two or more intersecting streets; or a lot at the point of a deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

(94)

Lot depth. The mean horizontal distance between the front and rear lines of a lot.

(95)

Lot, interior. A lot other than a corner lot, including through lots.

(96)

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

(97)

Lot line, front. That boundary of a lot which abuts a public street or a private road. In the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot in a nonresidential area, the lot shall be deemed to have frontage on both streets.

(98)

Lot line, rear. That boundary of a lot which is opposite to 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.

(99)

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

(100)

Lot, through. Any lot other than a corner lot which abuts more than one street. On a through lot, all the street lines shall be considered the front lines for applying this ordinance.

(101)

Lot, through or double frontage. A lake or stream frontage lot having a public road as one lot line and a water body at the opposite lot line.

(102)

Lot width. The horizontal distance between the side lot lines of a lot measured at the setback line.

(103)

Manufacturing, general. All manufacturing, compounding, processing, packaging, treatment or assembly of goods or materials which would involve a risk of offensive or dangerous noise, odor or pollution beyond the lot on which the use is located. Such uses include, but are not limited to, the following: sawmill; refineries; commercial feedlots; acid; cement; explosives; flour; feed and grain milling or storage; meat packing; slaughterhouses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper products including storage; electric power generation facilities; vinegar works; junkyards; auto reduction yards; foundry; forge; casting of metal products; rock, stone and cement products.

(104)

Manufacturing, limited. All compounding, processing, packaging, treatment or assembly of goods and materials, provided such use will not involve the risk of offensive odors, glare, smoke, dust, noise, vibrations or other pollution extending beyond the lot on which the use is located. Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractor shops and storage yards, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles and used auto parts.

(105)

Medical uses. Those uses concerned with the diagnosis, treatment and care of human beings. These include hospitals, dental services, medical services or clinics, nursing or convalescent homes, orphans' homes, rest homes and sanitariums.

(106)

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

(107)

Mining. The extraction of sand, gravel, rock, soil or other material from the land and the removal thereof from the site. For the purpose of this ordinance, "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 highway construction, minor agricultural and sod removal.

(108)

Mobile home. A single-family detached dwelling unit designed for yearround occupancy, constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. "Mobile home" shall not include "trailer" as herein defined, nor shall it include modular or prefabricated dwelling units which meet or exceed the requirements of the Minnesota building code.

(109)

Mobile home lot. A parcel of land for the placement of a single mobile home for the exclusive use of said mobile home.

(110)

Mobile home park. Any site or tract of land designed, maintained or intended for the placement of two or more occupied mobile homes. "Mobile home park" shall include any building, structure, vehicle or enclosure intended for use as part of the equipment of such mobile home park.

(111)

Modular or prefabricated home. A nonmobile dwelling unit for yearround occupancy constructed or fabricated at a central factory and transported to a building site where final installations are made permanently affixing the dwelling unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of the Minnesota building code.

(112)

Motor courts, motor hotel or motel. A building or group of buildings, other than a hotel, used primarily as a temporary residence of a motorist.

(113)

Motor freight terminal. A building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck.

(114)

Municipality. A city, village or borough, however organized.

(115)

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

(116)

Nominal five-acre parcel. A five-acre parcel not reduced by more than ten percent due to road right-of-way dedication.

(117)

Nonconforming use or lot. Any legal use or lot already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written. (See section 402.)

(118)

Nursery, day care. A use where care is provided for three or more children under kindergarten age for periods of four hours or more per day for pay.

(119)

Nursery, landscape. A business growing and selling trees, flowering and decorative plants and shrubs, which may be conducted within a building or without.

(120)

Nursing home. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder.

(121)

Official control. Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of a municipality or a county, or any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the comprehensive plan. Such official controls may include, but are not limited to, ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps.

(122)

Official map. A map adopted by the City of Bayport.

(123)

Office uses. Those commercial activities that take place in office buildings, where goods are not produced, sold or repaired. Including, but not limited to, banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting and similar uses.

(124)

Open sales lot. Lands devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building.

(125)

Open storage. Storage of any material outside of a building.

(126)

Owner. Includes all persons interested in a property as fee simple owner, life estate holder, encumbrancer or otherwise.

(127)

Parking space. A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.

(128)

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

(129)

Performance standards. The minimum development standards as adopted by the governing body and on file in the office of the building official.

(130)

Person. Any person, corporation or association, including governmental agencies and political entities.

(131)

Planning advisory commission or planning commission. The duly appointed planning and zoning advisory commission of the community.

(132)

Principal structure or use. One which determines the predominant use as contrasted to accessory use or structure.

(133)

Protective or restrictive covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

(134)

Public land. Land owned and/or operated by a governmental unit, including school districts.

(135)

Public utility. See "essential services."

(136)

Race track. Any area where one or more animals or power driven vehicles are raced for profit or pleasure.

(137)

Recreation equipment. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures, but not including treehouses, swimming pools, playhouses exceeding 25 square feet in floor area, or sheds utilized for storage of equipment.

(138)

Recreation vehicle. Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:

(a)

Is not used as a permanent residence of the owner or occupant;

(b)

Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities;

(c)

Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities;

(d)

Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pickup campers, camping buses, and self-contained self-propelled truck chassis mounted vehicles providing living accommodations.

(139)

Recreation vehicle parks. A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined herein, and upon which said recreation vehicles are parked. The term "recreation vehicle park" 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 park and its facilities or not.

(140)

Residential district. See section 604 for permitted uses.

(141)

Research. Medical, chemical, electrical, metallurgical or other scientific research and quality control, conducted in accordance with the provisions of this ordinance.

(142)

Resort. Any structure or group of structures containing more than two dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purpose of said structure or structures being recreational in nature. Uses may include a grocery for guests only, fish-cleaning house, marine service, boat landing and rental, recreational area and equipment, and similar uses normally associated with a resort operation.

(143)

Retail business uses. Stores and shops selling personal services or goods for final consumption.

(144)

Roadside sales stand. A structure used only for the display and sale of products on a seasonal basis, with no space for customers within the structure.

(145)

Screening. Screening includes earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers), used in combination or singularly, so as to block direct visual access to an object throughout the year.

(146)

Setback. The minimum horizontal distance between a structure and street right-of-way, lot line or other reference point as provided by ordinance, with the exception of permitted encroachments on required yards, as listed in section 602.03 of this ordinance. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure.

(147)

Shopping center. Any grouping of two or more principal retail uses, whether on a single lot or on abutting lots, under multiple or single ownership.

(147.5)

Short term rental. A process by which any residential building, or portion thereof, is rented to a transient for less than 30 consecutive days in a residential zoning district or planned unit development zoning district. See section 748.

(148)

Sign. A display, illustration, structure or device which directs attention to an object, product, place, activity, person, institution, organization or business. (Also see section 727.)

(149)

Story. That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story and a cellar shall not be counted as a story.

(150)

Street. A public right-of-way which affords a primary means of access to abutting property.

(151)

Street, collector. A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major road.

(152)

Street, intermediate or minor 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.

(153)

Street, local. A street intended to serve primarily as an access to abutting properties.

(154)

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

(155)

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

(156)

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

(157)

Subdivision. A described tract of land which is to be or has been divided into two or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes. The term includes resubdivision and, where it is appropriate to the context, relates to either the process of subdividing, or to the land subdivided, or to the development for which it is being subdivided.

(158)

Substandard structure. See section 402.

(159)

Supper club. A building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than 50 guests at one time. Intoxicating liquors may be sold on-site and live entertainment and/or dancing shall be permitted.

(160)

Tavern or bar. A building with facilities for the serving of 3.2 [percent alcohol] beer, wine, set-ups and short order foods.

(161)

Transportation terminal. Truck, taxi, air, bus, train and mass transit terminal and storage area, including motor freight (solid and liquid) terminal.

(162)

Truck stop. A motor fuel station devoted principally to the needs of tractor-trailer units and trucks, and which may include eating and/or sleeping facilities.

(163)

Universal holidays. To include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(164)

Use. See section 401.03.

(165)

Use, accessory. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental to such principal use.

(166)

Use, nonconforming. See section 402.

(167)

Use, substandard. See section 402.

(168)

Use, open. The use of land without a building or including a building incidental to the open use.

(169)

Use, conditional. See "conditional."

(170)

Use, principal. See "principal."

(171)

Variance. A modification or variation of the strict provisions of this ordinance as applied to a specific piece of property in order to provide relief for a property owner because of a practical difficulty imposed upon the property by this ordinance. A practical difficulty, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. A variance shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance. (See section 503.02.)

(Ord. No. 710, § 4, 8-5-96; Ord. No. 730, § 730.01, 2-1-99; Ord. No. 795, §§ 1, 3, 2-4-08; Ord. No. 819, § 1, 9-7-10; Ord. No. 831, § 1, 4-2-12; Ord. No. 856, § 1, 1-9-17; Ord. No. 875, §§ 1, 2, 12-2-19)