This Zoning Plan is adopted for the purpose of:

   (A)   Protecting the public health, safety, morals, comfort, convenience, and general welfare;

   (B)   Protecting and preserving the city’s natural resources, ecological systems, and economic stability by fostering appropriate land use;

   (C)   Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land for agricultural, residential, business, commercial, industrial, and other specific uses;

   (D)   Promoting orderly development, redevelopment, growth, and renewal of the residential, business, industrial, recreational, and public areas;

   (E)   Providing adequate light, air, privacy, and convenience of access to property;

   (F)   Limiting congestion in the public rights-of-way and public streets and fostering public safety and convenience in travel and transportation;

   (G)   Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them;

   (H)   Providing protection from fire, explosions, obnoxious fumes, and other hazards in the interest of public health, safety, and comfort;

   (I)   Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;

   (J)   Providing for the administration of this Plan and amendments thereto;

   (K)   Defining the powers and duties of the administrative officers and bodies, as provided hereinafter;

   (L)   Prescribing penalties for the violation of the provisions of this code or any amendment thereto.

(Ord. 1112.03, passed 8-25-03)

   (A)   Rules of construction. The language set forth in the text of this code shall be interpreted in accordance with the following rules of construction:

      (1)   The singular number includes the plural and the plural the singular.

      (2)   The word PERSON includes an owner or representative of the owner, firm, association, organization, partnership, trust, company or corporation as well as an individual.

      (3)   The present tense includes the past and future tenses, and the future the present.

      (4)   The words SHALL and MUST are mandatory, and the word MAY is permissive.

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

      (6)   For terminology not defined in this chapter or elsewhere in the city code, the Minnesota State Building Code or the Webster’s Dictionary shall be used to define such terms.

      (7)   All measured distances expressed in feet shall be to the nearest 1/10 of a foot.

   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABUTTING. Making direct contact with or immediately bordering.

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

   ACCESSORY USE OF STRUCTURE. A use of a structure or portion of a structure subordinate to and serving the principal use of a structure on the same lot and customarily incidental thereto.

   ADJACENT. In close proximity to or neighboring, not necessarily abutting.

   ADULT BUSINESSES. See Chapter 117.

   AGRICULTURE. The art or science of cultivating the soil and incident activities; the growing of soil crops in the customary manner on open tracts of land; the accessory raising of livestock and poultry; farming. The term shall include the incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of motor vehicles of customers shall be furnished off the public right-of-way.

   AIRCRAFT. Any contrivance not known or hereafter invented, used or designed for navigation of or manned flight in the air, including without limitation, airplanes, helicopters, and ultra lights.

   AIRPORT (LANDING STRIP, HELIPORT, OR AIRCRAFT STOP). Any premises, land, or structure that is/are used or intended for use for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way; and any appurtenant areas that are used or intended for use of building incidental to aircraft services, together with all building structures thereon.

   ALLEY. A public right-of-way that affords a secondary means of access to abutting property, and not intended for general traffic circulation.

   ANIMAL FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be considered an animal feedlot.

   ANIMAL IMPOUND. A not for profit organization whose primary purpose is to provide animals impounding services and adoption of impounding animals for the city and adjacent communities.

   ANTENNA. A device consisting of metal, carbon fiber, or other electromagnetically conducive rods or elements, on a single supporting pole or other structure, and used for the transmission and reception of radio, television, or electromagnet waves, and including the supporting structure thereof.

   APARTMENT. A multi-use building arranged and intended as a place of residence of a single family or group of individuals living together as a single housekeeping unit. See also DWELLING.

   APPLICANT. The owner, their agent or person having legal control, ownership and/or interest in land that the provisions of this chapter are being considered for or reviewed.

   AUTOMOBILE AND TRUCK SERVICE STATION. A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into the motor vehicle.

   AUTOMOBILE REDUCTION YARD. A lot or yard where two or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. See also JUNK YARD.

   AUTOMOBILE REPAIR (MAJOR). General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, frame work, and major painting service.

   AUTOMOBILE REPAIR (MINOR). Includes the replacement of any part or repair of any part that does not require the removal of the engine head or pan, engine, transmission, or differential; incidental body and fender work, and 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.

   AUTOMOBILE, WASH (CAR WASH). A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with conveyor, blower, or other mechanical devices, and which may employ some hand labor.

   AWNING. A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

   BASEMENT. A portion of a building located partly underground having a floor to ceiling height of seven feet or more.

   BED AND BREAKFAST ESTABLISHMENT. A single family dwelling in which four or fewer transient guest rooms are rented on a nightly basis for periods of less than one week and where at least one meal is offered in connection with the provision of sleeping accommodations only.

   BOARDER. One that is provided with regular meals or regular meals and lodging.

   BOARDINGHOUSE. A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodgings are provided for three or more persons not members of the principal family.

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

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

   BUILDING. Any structure having a roof that may provide shelter or enclosure of persons, animals, or chattel, and when said structures are divided by party walls without openings, each portion of such buildings so separated shall be deemed a separate building.

   BUILDING HEIGHT. A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure located on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the mean distance of the highest gable on a pitched or hip roof.

   BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.

   CAMPGROUND. An area upon which are located two or more sites for major recreational equipment for seasonal or temporary recreational occupancy.

   CANOPY. Any accessory roof-like structure, movable or stationary, that is either attached to or detached from an allowable primary building; that is open on all sides, other than where attached; and, that is located over and designed to provide cover for entrances, exits, walkways, and approved off-street motor vehicle service areas.

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

   CELLAR. That portion of the building partly below ground level other than a basement with a space with less than ½ its floor to ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 ½ feet.

   CEMETERY. A parcel or tract of land used or intended to be used for the burial of the dead including columbaria, crematories, mausoleums, and mortuaries when operated within the boundaries of such cemetery.

   CITY ATTORNEY. The person designated by the City Council to be the City Attorney for the city.

   CITY BUILDING OFFICIAL. The person designated by the City Manager to be the City Building Official for the city.

   CITY COUNCIL. The governing body for the city.

   CLUB or LODGE. An association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. The serving of food and meals on such premises is permissible providing adequate dining room space and kitchen facilities are available. Serving alcoholic beverages to members of guests shall be allowed, provided such serving is secondary and incidental to the operation of the dining room for purpose of serving food and meals and providing that such serving of alcoholic beverages is in compliance with the applicable federal, state, county, and city laws.

   COMMERCIAL RECREATION. A business directed toward the general public, not requiring membership, that offers recreational entertainment such as bowling alleys, billiard halls, miniature golf, ballrooms, roller rinks, sports and health clubs and the like.

   COMMON OPEN SPACE. Any privately owned open space including private parks, nature areas, playgrounds, and trails, including accessory recreational buildings and structures which are an integral part of a development.

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

   CONDITIONAL USE. See USE.

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

   CREMATORY. A furnace or establishment used for cremating.

   CURB LEVEL. The elevation of the established curb in front of a building measured at the center of such front.

   DAY CARE FACILITY, STATE LICENSED. Any facility licensed by the State Department of Human Services or Department of Health, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home. DAY CARE FACILITIES include but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, day time activity centers, day treatment programs and day services, nursery and preschools, as defined by M.S. Chapter 245A, as may be amended.

   DECK. A horizontal, enclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

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

   DRIVE THROUGH BUSINESS. A business that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles, excluding gasoline service stations as defined by this subchapter.

   DRIVEWAY. A minor private way used by vehicles and pedestrians on an individual lot or parcel.

   DUPLEX. A dwelling unit having two or more units being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

   DWELLING. A building or a portion of a building designed or exclusively used for residential occupancy, including one-family, two-family, and multiple family dwelling units, but not including hotels, motels, boardinghouses, and lodging houses.

      ATTACHED DWELLING. A dwelling that is joined to another dwelling.

      DETACHED DWELLING. A dwelling that is entirely surrounded by open space on the same lot.

      MULTIPLE-FAMILY DWELLING. A building or portion of a building designed for or intended for or containing three or more dwelling units.

      SINGLE-FAMILY DWELLING. A one-family dwelling designed for and used for occupancy by one family and in which not more than two persons other than members of the family are lodged at any one time.

      TWO-FAMILY DWELLING.  A building designed or intended exclusively for occupancy by two families living independently of each other, duplex.

      UNIT DWELLING. Two or more rooms in a dwelling or apartment designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

   EARTH SHELTERED BUILDING. A building so constructed that 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in non-residential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or sub-structure for above grade construction. A partially covered building shall not be considered earth sheltered.

   EASEMENT. A grant of one or more property rights by a property owner for use by the public, a corporation, or another person or entity.

   ELECTRIC POWER GENERATION FACILITY. Any electric energy generating facility with generating capacity of ten megawatts or more, and any appurtenant buildings, structures, uses, or facilities thereto. For purposes of Chapter 154, the ELECTRIC POWER GENERATING FACILITY in its entirety shall be considered the primary building, and/or use. This definition for ELECTRIC POWER GENERATION FACILITY will only apply if said ELECTRIC POWER GENERATION FACILITY enters into a site plan review agreement pursuant to § 154.031 with the city; if said ELECTRIC POWER GENERATION FACILITY does not enter into a site plan review agreement with the city, the ELECTRIC POWER GENERATION FACILITY will be defined as MANUFACTURING, HEAVY as set forth below and all requirements for said MANUFACTURING, HEAVY set forth herein shall apply.

   ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communications, supply, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings.

   EXTERIOR SALES. The sale of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

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

   FAMILY. An individual, or two or more persons each related by blood, marriage, or adoption, 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.

   FARM. An unplatted tract of land approximately ten acres or more, or two or more abutting parcels under the same ownership having an area of ten acres, measured from the centerline of abutting roads, usually with a house and barn and other buildings, and on which crops and often livestock are raised as a major source of livelihood.

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

   FENCE. See § 154.017 for applicable definitions.

   FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, and attached accessory buildings, but excepting that area primarily devoted to window display, storage, fitting rooms, stairs, escalators, enclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, and inside off-street parking or loading spaces. Measurements shall be made from the outside of exterior walls.

   FOREST. A dense growth of trees and underbrush covering a large tract of land.

   FRONTAGE. That boundary of a lot which abuts an existing or dedicated public street, watercourse or similar barrier.

   FUNERAL HOME. An establishment for the preparation of the dead for burial or cremation, for viewing of the body, and for funerals.

   GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger motor vehicles, trailers, or one truck of a gross capacity not in excess of 7,000 pounds.

   GARAGE, PUBLIC. Premises used for the storage or care of motor vehicles or premises where such motor vehicles are equipped, repaired or kept for remuneration, for hire or for sale. Sale of gasoline or oil and accessories are only incidental to the principal use.

   GARAGE, REPAIR (COMMERCIAL). A building space for the commercial repair or maintenance of motor vehicles, but not including factory assembly of such motor vehicles, automobile wrecking establishments, or junk yards.

   GARAGE, STORAGE (COMMERCIAL). Any premises, except those described as a private or public garage, used for storage.

   GARBAGE. Animal and vegetable wastes and other wastes or putrescible matter including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar materials resulting from the handling, preparation, cooking, service, and consumption of food and other animal wastes.

   GLARE. The effect produced by the intensity and direction of any artificial illumination sufficient to cause an impairment or temporary loss of vision.

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

   GRADING. Changing the natural or existing topography of land.

   GREENHOUSE. An enclosed building, permanent or portable, which is used for the growing of small plants.

   GUIDE PLAN. A set of maps, documents, data, policy statements, goals, and standards on file with the Planning Commission. The GUIDE PLAN shall also mean “Comprehensive City Plan” or “City Plan.”

   HOME OCCUPATION. Any occupation or profession conducted entirely within the dwelling pursuant to a conditional use permit, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

   HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient guests, permanent guests, or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office.

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

   KENNEL. Any person, partnership, or corporation engaged in the business of breeding, buying, selling, or boarding dogs; provided that such person, partnership, or corporation customarily owns or boards more than three dogs over six months of age.

   KILOVOLT. A unit of electromotive force equal to 1,000 volts.

   LAND RECLAMATION. The process of the re-establishment of acceptable topography (such as slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

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

   LOADING SPACE (OFF-STREET). A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a motor vehicle or truck while loading or unloading merchandise or materials.

   LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

   LODGINGHOUSE or ROOMINGHOUSE. A building containing at least one dwelling unit, wherein three or more persons, not members of the principal family, are provided lodging for compensation by prearrangement for definite periods.

   LOT. A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required.

      LOT, AREA. The area of a lot in a horizontal plane bounded by the lot lines.

      LOT, AREA PER FAMILY. The number of square feet of lot area required per dwelling unit.

      LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

      LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90 degree angle from the street right-of-way within the lot boundaries.

      LOT, FRONT LOT LINE. That boundary of a lot which abuts an existing or dedicated public street, and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city. The Planning Commission shall determine the front lot line in business industrial districts based on the existing uses and yards in that area of the district involved.

      LOT LINE. A lot line is located at the property bounding a lot, except that where any portion of a lot extends into the proposed public right-of-way, the line of such public right-of-way shall be the lot fine for applying this code.

      LOT OF RECORD. Any lot that is one unit of a plat heretofore duly approved and filed; or one unit of an auditor’s subdivision or a registered land survey, or a parcel of land not so platted, subdivided, or registered, for which a deed, auditor’s subdivision, or registered land survey has been recorded in the office of the Register of Deeds Or Registrar of Titles effective date of this chapter.

      LOT, REAR LOT LINE. That boundary of a lot that 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, SIDE LOT LINE. Any boundary of a lot that is not a front lot line or a rear lot line.

      LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot. On a through lot, either street line or both street lines may be the front lot line for the lot provided that the overall pattern of setbacks in the area is in appeasement with the determination of the front lot line by the owner subject to review and approval of the Planning Commission.

      LOT WIDTH. The maximum horizontal distance between the side lot lines.

   MANUFACTURED HOME (MOBILE HOME). Any type of structure or vehicle requiring a state license or title card for use on highways which can be readily adapted to or does provide facilities for a person or persons to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck such as a house trailer, converted bus or truck, tent or small building, or camp trailer.

   MANUFACTURED HOME PARK (MOBILE HOME PARK). Any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.

   MANUFACTURING, HEAVY. All manufacturing, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive 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 feed lots, 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 or size, lime, gypsum, plaster of paris, tanneries, automobile parts, paper and paper products, glass, chemicals, crude oil and petroleum products including storage, electric power generation facilities, vinegar works, junkyard, automobile reduction yard, foundry, forge, casting of metal products, rock, stone, and cement products.

   MANUFACTURING, LIGHT. The compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other effects which would be damaging to the environment. Such uses include but are not limited to the following: lumberyards, machine shops, products assembly, sheet metal shops, non-retail food and beverages, printing, publishing, fabricated metal parts, appliances, clothing, textiles, medical or dental services, wholesale greenhouse or nursery, truck terminals.

   MEDICAL USES. Uses concerned with the diagnosis, treatment, and care of human beings. These include hospitals, dental services, medical services, clinics, nursing or convalescent homes, orphans’ home, rest homes, or sanitariums.

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

   MOTEL. A building or group of detached, semi-detached or attached buildings containing three or more guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

   MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.

   MOTOR FUEL STATION. Any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels, oils or lubricants.

   NATURE CENTER. An area of land used for preservation of open space, outdoor recreation, and nature education.

   NON-CONFORMING STRUCTURE, USE, or LOT, ILLEGAL. A lot, building, structure, premises, or use illegally established when it was initiated, created, or constructed, which did not conform with the applicable conditions or provisions of this chapter for the district in which the structure or use is located.

   NON-CONFORMING STRUCTURE, USE, or LOT, LEGAL. A lot, building, structure, premises, or use lawfully established when it was initiated, created, or constructed, which does not now conform with the applicable conditions or provisions of this chapter for the district in which the structure or use is located. See also USE.

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

   NURSERY. An enterprise that conducts the retail and wholesale sale of plants grown on site, as well as accessory items directly related to their care and maintenance. The accessory items normally sold include clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels and the like, but do not include power equipment such as gas or electric lawnmowers and farm implements.

   NURSERY, DAY CARE. See DAY CARE FACILITY, STATE LICENSED.

   NURSING HOME. See REST/NURSING HOME.

   OFFICE, PROFESSIONAL or COMMERCIAL. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.

   OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising, or trade where such goods are not enclosed within a building.

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

   OPEN USE. See USE.

   OUTLOT. A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined with platting of additional land; or, a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities, or other similar purposes.

   OWNER. An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property.

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

   PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat, or other nuisance characteristics generated by or inherent in uses of land or buildings.

   PERMITTED USE. See USE.

   PERSON. Extends to and includes person, persons, firm, corporation, partnership, trustee, lessee, or receiver.

   PLANNED UNIT DEVELOPMENT. A zoning designation that allows a mixing of buildings and uses which cannot be otherwise addressed under this section, and/or whereby internal site design standard deviations from this chapter may be allowed to improve site design and operation.

   PLANNING COMMISSION. The City of Benson Planning Commission.

   PLAT. A drawing or map of a subdivision, meeting all the requirements of the city and in such form as required by Swift County for purposes of recording.

   PREMISES. A lot or plot with the required front, side and rear yards for a dwelling, structure, or other use as allowed under this chapter.

   PRINCIPAL BUILDING, STRUCTURE, or USE. The primary building, structure, or use on a lot. See also USE.

   PUBLICATION. Notice placed in the official city newspaper stating time, location and date of meeting and description of topic.

   RECREATIONAL AREAS/FACILITIES. Accessory structures and/or uses that are customary and incidental to the principal use of the site, including swing sets, play structures, sand boxes, skate board ramps, tennis courts, sport courts, swimming pools, and their related aprons, and the like, intended for the enjoyment and convenience of the residents of the principal use and their occasional guests.

   RESIDENTIAL FACILITY, STATE LICENSED. Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with 24 hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person’s own home. Residential facilities include, but are not limited to, state institutions under the control of the Commissioner of Human Services, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children with disabilities.

   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 such structures being recreational in nature. Use may include grocery for guests only, fish and game cleaning house, marine services, boat landing and rental, recreational area and equipment, and similar uses normally associated with a resort operation.

   REST/NURSING HOME. A state licensed facility or that part of a facility which provides nursing care pursuant to M.S. Chapter 144A.01.

   RESTAURANT, DELIVERY or TAKEOUT. An establishment which by design of physical facilities, service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods to either be picked up or delivered for off-premise consumption.

   RESTAURANT, DRIVE IN. Any place or premises used for sale, dispensing or serving of food, refreshments or beverages on the premises, typically eaten in the customers motor vehicle on site.

   RESTAURANT, DRIVE THROUGH. An establishment which by design of physical facilities, service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods to be picked up by driving through facility for off-premise consumption.

   RESTAURANT, EAT IN. An establishment that serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.

   RETAIL BUSINESS. Stores and shops selling personal services or goods for final consumption.

   RIDING STABLE. The training and riding of horses for private or public use on lots of 20 or more acres. This may also include boarding of horses, training of horses and riders, and similar uses and activities.

   RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.

   SCHOOL. A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

   SCHOOL, PRIVATE. Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which does not secure the major part of its funding from any governmental source.

   SCHOOL, PUBLIC. Any building or group of buildings, operated by a public agency or unit of government, the use which meets compulsory education laws of the State of Minnesota, for elementary education, middle school (junior high), secondary school (senior high), or higher education which secures all of its major part of funding from governmental sources.

   SECONDARY USE. See USE.

   SERVICE STATION. See AUTOMOBILE AND TRUCK SERVICE STATION.

   SETBACK. The minimum horizontal distance between a structure, and the lot line nearest thereto, except which if an outlot for a public trail separates such lot line from a street right-of-way, setback shall mean the minimal horizontal distance between a structure and the street right-of-way line.

   SHOPPING CENTER. Any grouping of two or more principal retail uses whether on a single lot or an abutting lot under multiple or single ownership.

   SIGN. See § 154.020.

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

   SKETCH PLAN. A rough sketch map and supportive text depicting the location, general purpose, general type of land use and circulation pattern, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the proposed developer.

   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above.

   STREET. A public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property.

   STRUCTURE. Anything which is built, constructed, planted, or erected; an edifice or building of any kind; or any piece of work built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences, hedges and swimming pools.

      NON-CONFORMING STRUCTURE. See NON-CONFORMING STRUCTURE, USE, or LOT ILLEGAL and NON-CONFORMING STRUCTURE, USE, or LOT, LEGAL.

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

   SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, hot tubs, portable and non-portable spas and fixed in wading pools.

   THEATRE. A building or area for showing motion pictures, plays, or other dramatic performances.

   TOWNHOUSE. A single structure consisting of at least three but not more than eight dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a common hallway for entry.

   TOWNHOUSE GROUP. A structure containing three or more contiguous town house units.

   TOWNHOUSE UNIT. One of a group of three or more one-family attached dwellings, commonly called row houses, patio houses, or court dwellings, having a wall or walls in common with other dwellings but which otherwise is designed to be and is separate from any other structure or structures except accessory buildings.

   TOWNHOUSE UNIT BUILDING LOT. The lot on which there is built or is proposed to be built one townhouse unit. Each town house unit maybe located on a separate building lot. Such lot may be held in separate ownership and shall be separately recordable.

   USE. The purpose or activity for which the land, structure, or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

      USE, CONDITIONAL. Those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning district, which for the respective conduct or performance in such designated districts may require reasonable, but special, unusual or extraordinary limitations peculiar to the use for the protection, promotion, and preservation of the general public welfare, health, and safety, and the integrity of the City Comprehensive Plan for which a conditional use permit is required.

      USE, NON-CONFORMING. A use of land, buildings, or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this code or any use of land, building, or structure lawfully existing prior to the adoption of an amendment which would not comply with all regulations.

      USE, OPEN. The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.

      USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district

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

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

   VARIANCE. A modification of or variation from the provisions of this chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this chapter, except that a variance shall not be used for modification.

   WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use, including packing and crating.

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

   WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill, or wind turbine which converts wind energy to a form of usable energy.

   YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this code. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. This shall also be known as the BUILDING or STRUCTURE SETBACK REQUIREMENT.

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

      REAR YARD. A yard extending the full width of the rear lot line between the side lot lines and then extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

      SIDE YARD. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

   ZONING ADMINISTRATOR. The person designated by the City Manager to be the Zoning Administrator for the city.

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

   ZONING DISTRICT. An area or areas of the city (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.

   (C)   Illustration of certain defined terms. A series of drawings shall be prepared by the Zoning Administrator to graphically show proper interpretation of the following defined terms: lot line, front lot line, rear lot line, side lot line, through lot, lot width, front yard, rear yard, and side yard.

(Ord. 1112.03, passed 8-25-03; Am. Ord. 1115.05, passed 12-12-05; Am. Ord. 1155.21, passed 8-2-21)

   (A)   Provisions as minimum standards. In their interpretation and application, the provisions of this code shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

   (B)   Most restrictive conditions prevail. Where the conditions imposed by any provision of this code are either more restrictive or less restrictive than comparable conditions imposed in any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

   (C)   Compliance required. Except as in this code specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose or in any manner, which is not in conformity with this chapter.

(Ord. 1112.03, passed 8-25-03)

   The Airport Zoning Ordinance, adopted under authority of the City-County Zoning Board (the Planning Commission), a copy of which is on file in the City Hall, is hereby adopted by reference herein.

(Ord. 1112.03, passed 8-25-03)