It is the purpose of this chapter to define words, terms and phrases contained within this title. In the interpretation of this title, the provisions and rules of this section shall be applied.

1. Words used or defined in one tense or form shall include other tenses and derivative forms.
2. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
3. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
4. "Shall" is mandatory.
5. "May" is permissive. (Ord. 244, 11-15-1982)
   

The following words and terms are defined as follows:

ACCESSORY DWELLING UNIT (ADU): Means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single-family dwelling.

ACCESSORY STRUCTURE: A structure adjunct of and in subordination to another structure.

ADULT DAY CARE: A non-residential facility that assists with or serves the care, health, nutritional, social and daily needs of adults in a supervised, professionally staffed, group setting. This does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals.

ADULT RETIREMENT COMMUNITY: An age restricted, planned development for independent living, as defined under the Federal Fair Housing Act provisions for housing for the elderly which may be in any housing form, including detached and attached dwelling units, and that includes social and recreational activities.

AESTHETIC: The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.

ANTIQUE/FLEA MARKET: An occasional or periodic sales activity held within a building, structure or outdoor area where groups of individual sellers offer goods for sale to the public, not including private garage sales. Such sales may involve new and/or used books, magazines, jewelry, clothing and/or a variety of merchandise.

ARCHITECTURAL CONCEPT: The basic aesthetic idea of a building, or group of buildings, including the site and landscape development, that produces its distinctive character.

ARCHITECTURAL CONCRETE: A building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the building, and is available in a variety of colors.

ARCHITECTURAL FEATURE: A prominent or significant part or element of a building or site.

ARCHITECTURAL METAL: A metal exterior building material that has a shape, design, surface texture, and permanent color finish that enhances the building. The metal must be designed and manufactured to be exposed to the outdoors, weather, and elements of the Minnesota climate. Metal shall be installed and used for the purpose that it was intended.

ARTERIAL, MINOR: A road classification for streets that are of regional importance because they relieve, expand, or complement the principal arterial system and designed to connect to principal arterials, other minor arterials and collectors. The minor arterial roads are identified in the Comprehensive Plan.

ARTERIAL, PRINCIPAL: Interstate freeways and State highways that connect the region with other areas in the State and other states. The emphasis of these roads are on mobility as opposed to land access. The principal arterial roads are identified in the Comprehensive Plan.

ASSISTED LIVING FACILITY: A facility for the elderly that provides rooms, meals, personal care, and supervision of self-administered medication; and may provide other services, such as recreational activities, financial services, and transportation, appropriate for the residents.

AUCTION HOUSE: An enclosed place or establishment where items of a personal or business nature, generally found within retail stores located within the underlying zoning district, are offered for sale through competitive bidding. The term "auction house" shall not include on premises estate, foreclosure, real estate or personal property sales. The term "auction house" shall not include antique/flea markets or yard sales.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding of trailers, bodywork, framework and major painting service.

AUTOMOBILE REPAIR, MINOR: 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 involving passenger automobiles and trucks not in excess of a three-quarter (3/4) ton rating.

BASEMENT: A portion of a building located partly underground, but having half or less than its floor to ceiling height below the average grade of the adjoining ground.

BEEKEEPER: A person who owns or has charge of 1 or more colonies of honey bees.

BEEKEEPING: The maintenance and care of honey bee colonies.

BOARD OF ADJUSTMENT AND APPEALS: The Burnsville City Council.

BODY ART OR BODY ART PROCEDURES: Physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.

BODY PIERCING: The penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. Body piercing also includes branding, scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single use stud and clasp ear piercing system.

BRICK: A masonry building block of clay baked in a kiln until hard.

BUFFER YARD: A unit of land, together with a specified type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.

BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattels, and when said structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building.

BUILDING, ACCESSORY: A building adjunct of and in subordination to another building.

BUILDING HEIGHT: The vertical distance from:

1. The average elevation of the adjoining ground level; or
2. The established grade, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point of a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot or lots on which it is located.

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

CALL CENTER: A centralized office used for receiving or transmitting a large volume of requests by telephone, computer telephony integration or other technology typically operated in an open workspace with multiple agents soliciting charitable or political donations, debt collection, market research or managing customer interactions.

CAST IN PLACE PANEL: A building wall section of concrete poured into place in a form at the building construction site.

CELLAR: That portion of the building having more than 1/2 of the floor to ceiling height below the average grade of the adjoining ground.

COLLECTOR: Roadways which are designed to perform the function of collecting traffic from local streets and distributing it to principal and minor arterials. Collector streets are identified in the Comprehensive Plan.

COMMERCIAL ANTENNA: Any antenna regardless of height or size erected for the purpose of providing public entertainment or subleased to other individuals or corporations including partnerships, associations, etc.

COMMERCIAL ATHLETIC FACILITY: Private for profit athletic facilities including, but not limited to, baseball, softball, soccer and football fields, batting cages, and other similar uses.

COMMERCIAL ZERO LOT LINE DEVELOPMENT: The location of a building in a business or industrial zoning district in such a manner that portions of the building rest on two (2) or more lots. Said structures are considered to be one building, regardless of party walls.

COMMON OPEN SPACE: Land, water or a combination of land and water within a planned unit development which is designed and intended for the use and enjoyment of residents of the development. Common open space includes all land within a development, except for individual building lots and land accepted for public dedication.

COMMUNITY GARDEN: An area of land that is managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood ornamental crops such as flowers for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

COMPATIBLE: The exterior architectural appearance, lot layout and design of proposed structures that are in harmonious combination with adjacent buildings and properties. A compatibly designed building integrates some, but not all, materials, colors and design forms of adjacent structures while maintaining some of its own uniqueness. A building is not compatible if it causes:

1. A likeness to a degree to cause monotony;
2. A difference to a degree to cause incongruity;
3. A depreciation of neighborhood values or adjacent property values;
4. A nuisance, compared to existing or other proposed structures or uses. Types of nuisance characteristics include, but are not limited to: noise, dust, odors, glare, unsightly building exterior, unsightly exterior storage, traffic generation, signs, refuse or lack of landscaping.

COMPREHENSIVE PLAN: The Burnsville Comprehensive Plan and all maps, charts and explanatory materials thereto, as adopted by the Burnsville City Council.

CONCRETE: A construction material consisting of sand or stone, water, and cement.

CONDITIONAL USE: A land or development as defined by ordinance that would 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 exist;
2. The use or development conforms to the Comprehensive Land Use Plan of the City; and
3. Is compatible with the existing neighborhood.

CONGREGATE RESIDENCES: Residences with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents.

CONSTRUCTION STAGING YARD: A defined area on a lot which contains buildings and/or equipment associated with on or off site development or redevelopment activities.

CONTRACTOR YARD: An outdoor storage area containing materials and equipment which are accessory to the principal use (contractor business operations).

CONVENIENCE STORE, MOTOR FUEL STATION: A motor fuel station that offers for sale a limited amount of food and household products, which are in addition to those typically supplied at a motor fuel station.

CONVENTION HALL: A structure without kitchen facilities designed for hosting a variety of commercial or community events of large groups of people.

CROWN COVER: The ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage.

CURTAIN WALL: A building facade which does not carry any dead load from the building, other than its own load and is designed to resist air and water infiltration.

DATA CENTER: A facility used to house computer systems and associated components, such as telecommunications and storage systems generally including redundant or backup power supplies, data communications connections, environmental controls (e.g., air conditioning, fire suppression) and various security devices.

DAYCARE NURSERY: Any facility or home where children under 12 years of age who are not members of the family or the superior or custodian in charge:

1. Meet or are scheduled to meet regularly for more than one day a week, for all or part of the day; and
2. Meet either to be watched or cared for while their parent or guardian is otherwise engaged or to afford themselves opportunities for physical, social, emotional or intellectual growth.

These terms shall not include hospitals, Sunday schools, facilities under the direction of an established and accredited school system, facilities used for club or organization meetings when such club or organization regularly meets no more than once a week, or casual babysitting.

DECORATIVE BLOCK: A masonry building block of cast concrete and aggregate rock that has a split rock, bricklike, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors. Block that has been scored to give the appearance of additional joints is not a decorative block.

DENSITY, GROSS: The quotient of the total number of dwelling units divided by the gross site area. "Gross site area" means the total acres contained in the boundaries of the site.

DENSITY, NET: The quotient of the total number of dwelling units divided by the net site area. "Net site area" means the total acres contained in the boundaries of the site excluding all public roadway easements and rights-of-way, all private roadways, any part of a site excluded from the lot area calculations of the Shoreland Overlay District in chapter 8 of this title, and delineated wetlands, stormwater ponds and public parks and open space.

DEVELOPER: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase.

DEVELOPMENT: The construction, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse or the division of land into 2 or more parcels.

DEVELOPMENT PERMIT: Any building permit, zoning permit, plat approval, rezoning, certification, conditional permit or variance.

DRIVE AISLE: A permanently surfaced (concrete, bituminous or pavers) area providing vehicular access between and adjacent to parking spaces.

DRIVEWAY: A permanently surfaced (concrete, bituminous or pavers) area providing vehicular access between a street and an off street parking or loading area.

DRY BUILDABLE AREA: For the purpose of determining the adequacy of lots on which a subsurface sewage treatment system (SSTS) for a single-family detached dwelling is to be located, the following shall be excluded from the gross area:

1. Wetlands, as designated in the Burnsville wetland protection and management plan and water resources management plan.
2. FEMA designated floodplains.
3. Very steep slopes in excess of 18 percent in gradient.
4. Portions of the lot below the ordinary high water mark of a public water.

DWELLING: A building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, trailer coaches or lodging rooms.

DWELLING, APARTMENT: An attached dwelling unit that has front access from a common entrance and hallway, and parking in a common garage structure or common area within the building.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space.

DWELLING, TOWNHOUSE: An attached dwelling unit that has its own front access to the outside, is not located over another unit, is separated from all other units by one or more vertical common fire resistant walls, and has parking in a garage attached to and accessible from the unit.

DWELLING, TWO-FAMILY: A building initially constructed on a single lot containing 2 dwelling units, each of which is totally separated from the other by an unpierced fire resistant wall extending from ground to roof.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

EASEMENT: Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.

EFFICIENCY APARTMENT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closet or dining alcove directly off the principal room, provided that such dining alcove does not exceed 125 square feet in area.

END USE PLAN: The exhibits and supporting documentation required in the approval of conditional use permits for land reclamation mining and soil processing operations. This plan includes a description of the proposed process for the restoration of land; the proposed volumes of subsoil and topsoil to be deposited, and the shape and contour to which it will be graded; the proposed elevations throughout the property following its restoration and the relationship between these elevations and surrounding properties, as well as existing and proposed utilities and streets; a landscape plan showing the number, species and sizes of trees and shrubs proposed for the revegetation of the property; and any other information deemed necessary by the City to assess the ultimate impact of the proposed operations on the goals, policies and objectives contained in the City's comprehensive plan.

EQUIPMENT RENTAL BUSINESS: A business that rents or leases equipment, furniture, or household items for temporary use by the customer including the sale of business owned, previously rented used items.

ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, 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 STORAGE: Outdoor storage of fuel, raw materials, products, equipment and motor vehicles.

FAMILY: An individual or 2 or more persons related by blood, marriage, guardianship or adoption living together as a single housekeeping unit; or a group of not more than 4 persons not so related, maintaining a common household and using common cooking and kitchen facilities; or a residential program (group home) for 6 or fewer persons as defined and licensed by the State of Minnesota.

FARM: An area of land devoted primarily to the practice of producing and managing food such as produce and grain but not including commercial animal farms, fur farms, kennels and poultry farms.

FARMERS' MARKET: Outdoor sales of fruits, vegetables, honey, flowers, plants, homemade bakery goods, cheeses, and soaps.

FLAG: A piece of cloth or bunting with no commercial message that may vary in color and design, and that may include a symbol, standard, emblem or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal or similar organization. A flag shall not be considered to be a "banner", "bannerette", pennant, ribbon, or streamer, as defined in section 10-30-2 of this title.

FLOOR AREA: For the purpose of calculating the number of off street parking spaces, shall be the net usable floor area of the various floors, exclusive of hallways, utility space, restrooms, window showcases, and ornamental space not used for assembly.

GARAGE: An accessory building or accessory portion of the principal building which is used to store automotive vehicles or major recreational equipment by a user of the property.

GAZEBO: A freestanding, roofed building with completely open or screened sides used as an outdoor living area.

GENERAL FLOOR PLANS: A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.

GREEN AREA: Land shown on a development plan where vegetation is planted or required to meet landscape standards of this title.

GROUND LEVEL VIEW: The view of the building from the farthest point of the width of the right-of-way from the property line(s) that abuts a right-of-way and adjoining lot lines.

HEALTH CLUB: A business that provides recreational services and facilities, usually for the benefit of its membership or the general public, involving aerobic exercises, strength and cardiovascular equipment, indoor or outdoor game courts, swimming pools, running tracks, massage, tanning, hair and other personal services, saunas, steam rooms, showers and lockers and the like that may be used at any time that the operation is open for business.

HIVE: The receptacle inhabited by a colony.

HOME OCCUPATION: The use of a residential dwelling for business, trade or professional purposes.

HORIZONTAL PATTERNS: An artistic or decorative horizontal design embedded into a decorative concrete block or acceptable concrete panel wall through the use of brick, stone, block or other material which is incorporated into the overall design through horizontal forms.

HOTEL: Every structure or any part thereof containing 4 or more guestrooms, kept, used as, maintained as, advertised as, or held out to the public to be a place where sleeping accommodations are furnished to the public for periods as short as 1 week.

INDUSTRIAL FOOD PRODUCTION: Growing or raising of food products such as vegetables, fruit, herbs, or fish, but not including insects, poultry and other livestock, completely contained within a building and intended for sale to consumers, restaurants and independent stores.

INSTRUCTION/LEARNING CENTER: A business that provides instruction in specific areas of knowledge or activities such as math, science, reading, dance and martial arts, but not a public/private elementary or secondary school.

INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulations.

INTERIM USE PERMIT (IUP): A permit issued by the City Council in accordance with procedures specified in this title.

INTERMEDIATE CARE FACILITY: A residential facility which undertakes through its ownership or management to provide on a 24 hour per day basis, personal care services and health related care and services, for each of its residents. "Personal care services" means, in addition to housing and a minimum of 2 meals per day, assistance with activities of daily living, including bathing, dressing, eating, mobility and continence. "Health related care and services" means limited medical supervision by licensed or qualified persons, to persons who require such assistance, but who do not require the degree of care and treatment that a nursing home or hospital provides.

INTERNAL PARKING AREA: That area of the parking lot or parking area where parking stalls and the drive aisles that directly access said parking stalls are located. The area of landscaped medians internal to the parking area, rainwater gardens, fountains, infiltration basins and landscaped parking islands may be counted for the purpose of calculating internal parking area green space. The exterior perimeter of the site may not be included as part of the internal parking area green space.

KENNEL, COMMERCIAL: Any place where 6 or more dogs over 4 months of age, or more than 10 cats over 4 months of age, or more than 10 ferrets over 4 months of age, or any combination thereof, not including offspring under 7 months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or veterinary clinic/hospital. A kennel may include secured outdoor runs and/or play areas.

LARGEST WORK SHIFT: The maximum number of employees present at the facility at any one time regardless of the time period. The largest work shift may occur on a particular day of the week.

LAWN: Ground cover (as around a house or building) that is covered with turf grasses and kept, or required to be kept, "regularly cut" as defined in section 7-1-9-1 of this code.

LIVING AREA: A structure or portion thereof that is used exclusively for human habitation and living facilities on a permanent, nonseasonal basis.

LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street parking spaces are filled. Required off street loading space is not to be included as off street parking space in computation of required off street parking space.

LONG TERM CARE FACILITY: A facility that provides healthcare under medical supervision for 24 or more consecutive hours to 2 or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use and area, and to provide such yards and other open spaces. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1. A single lot of record;
2. A portion of a lot of record;
3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
4. A parcel of land described by metes and bounds.

Provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines measured within the lot boundaries.

LOT, CORNER: A lot situated at the junction of, and abutting on 2 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 mean horizontal distance between the front lot line and the rear lot line.

LOT, DOUBLE FRONTED: See definition of Lot, Through; Double Fronted Lot.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: The property line bounding a lot except that where any portion of a lot extends into the public right of way or a proposed public right of way, the line of such public right of way shall be the lot line for applying this title.

LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, the lot line with the shortest dimension on a public street, except that a corner lot in a nonresidential area shall be deemed to have frontage on both streets.

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

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances and regulations.

LOT, THROUGH; DOUBLE FRONTED LOT: A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines.

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and at the rear of the required front yard.

LOUNGE: An establishment used for the purposes of meeting, recreational or social interaction and that may or may not sell or provide alcoholic beverages.

LOW AND MODERATE INCOME HOUSING: Low and moderate income households vary with family size. For the purpose of administering this title, the current low and moderate income levels identified by the metropolitan council for both housing cost and rental shall apply.

MAJOR RECREATIONAL EQUIPMENT: Includes boats and boat trailers, travel trailers, converted buses, motorized dwellings, racecars, dune buggies, cars licensed as pioneer or classic vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles) and the like.

MAJOR RENOVATIONS: All construction which repairs, remodels or alters a building 10 percent or more of the existing building size.

MAJOR ROADWAYS: All roadways that are classified as a principal or minor arterial in the comprehensive plan.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statutes, Chapter 327.

MANUFACTURED HOME PARK: Any site, lot, field or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.

MANUFACTURED HOME SITE: An area within a manufactured home park, designed, leased or used for the accommodation of one manufactured home.

MARINA: A place located on or immediately adjacent to a body of water where boats and other watercraft are kept, moored or stored for a consideration, and may include facilities for servicing, repairing, renting or selling watercraft and watercraft equipment or accessories.

MASONRY: A building wall construction method whereby individual bricks, stones, or concrete blocks are joined together with a mixture of cement, sand, and water.

MEDICAL MARIJUANA: Any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins and is delivered in the form of (1) liquid, but not limited to oil; (2) pill; (3) vaporized delivery method with use of liquid or oil, but which does not require the use of dried leaves or plant form that has been approved by the commissioner of the Minnesota department of health under Minnesota Statutes, Section 152.25.

MEDICAL MARIJUANA DISTRIBUTION FACILITY: An establishment engaged in the sale of medical marijuana that is validly registered and approved by the State of Minnesota.

MEDICAL SERVICE OR CLINIC: A facility for the practice of medicine, mental health, chiropractic services or dentistry for humans, including ancillary diagnostic laboratories and medical counseling services, but not including inpatient or overnight care, or operating rooms for major surgery.

MEDICAL WASTE TRANSFER FACILITY: A place of business engaged in the collection, containerization, and shipment of medical waste, including, but not limited to, sharp, hazardous, and infectious substances and materials from hospitals, nursing homes, funeral homes, and medical, dental and veterinary clinics/hospitals. Such facility shall not include the incineration, decontamination or reduction of such waste as a permitted, accessory, conditional or interim use, except that such facility may include as a conditional use the decontamination of such waste through a continuous feed, dry heat autoclave system as permitted by the Minnesota pollution control agency.

MINISTORAGE: A building which contains separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

MINOR RENOVATIONS: Improvements made to an existing building that do not alter the size, height, or exterior wall elevations or change exterior building materials. Repairs and renovations which utilize the existing exterior materials.

MODEST COST HOUSING: Housing which is built at a cost below the average housing in the community.

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

MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, vehicle fuels, sale and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services; and the performance of minor automotive maintenance and repair.

MOTOR FUEL STATION (CLASS I): A motor fuel station consisting of 4 motor fuel dispensers or less. There shall be no more than 400 square feet of retail sales unrelated to automobile service nor more than 2 service bays.

MOTOR FUEL STATION (CLASS II): A motor fuel station including one or more of the following: more than 4 motor fuel dispensers, more than four hundred (400) square feet of retail sales unrelated to automobile service, a car wash, or more than 2 service bays.

MOTOR HOTEL OR MOTEL: A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.

MUNICIPAL ANTENNA SITE: A location in the City of Burnsville on which is located one or more radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this title.

MUNICIPALITY OR CITY: The City of Burnsville.

NIGHTCLUB: An establishment providing live entertainment and/or a permanent area for dancing and which may serve food and/or alcoholic beverages.

NONCONFORMING USE: Use of land, buildings or structures existing at the time of adoption of this title which does not comply with all the regulations of this title or any amendments hereto governing the zoning district in which such use is located.

NONDECORATIVE CONCRETE BLOCK: A masonry building block of cast concrete either plain or scored to give the appearance of additional joints, that has no additional surface texturing.

NOXIOUS MATTER OR MATERIALS: 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.

NOXIOUS WEEDS: Those plants so designated by the state of Minnesota and section 7-1-9-1 of this code.

NURSERY: An enterprise which conducts the retail or wholesale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

NURSING HOME: A state licensed facility used to provide care for aged or infirm persons who require nursing and personal care and related services in accordance with state regulations. A nursing home may be a residential healthcare facility, an intermediate care facility, or a long term care facility.

OCCUPANCY LOAD: The maximum number of persons which may be accommodated by the use as determined by its design, the building code and fire code adopted in Titles 4 and 5 of this Code, whichever is greatest.

OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations but where goods are not produced, sold, repaired or warehoused.

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

OUTDOOR SPORTS, RECREATION, OR ENTERTAINMENT FACILITY: An outdoor facility or space designed, constructed, and operated by private enterprise for recreational purposes and open to the general public including skating, mini-golf, shuffle boards, racquet and athletic courts, playground, swimming, skateboarding, aerobics, yoga, movie, music or live theater performance venue and similar uses.

PANELIZED SYSTEM: Prefabricated, or factory manufactured panels that form a structural envelope, providing insulation capacity, and significantly simplify on site framing.

PARAPET: The portion of a vertical wall plane located along the edge of the roof that extends above the roof level (deck) of the building.

PARKING LOT ISLANDS: A physically separated area from the permanently surfaced parking or driving areas which provides landscape features and helps define parking spaces.

PARKING SPACE: A permanently surfaced (concrete, bituminous or pavers) space for one vehicle.

PATTERNS: An artistic or decorative design embedded into a concrete block or concrete panel wall or the layout or placement of brick, stone or other material, into a uniform design.

PAWNSHOP: A business that loans money on deposit or pledge of personal property or other valuable thing, or that deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price; or that loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. Any bank, savings and loan association or credit union shall not be deemed a pawnshop.

PERFORMANCE STANDARD: Any criterion established by this title or deemed necessary by the city council to achieve the goals and objectives in the comprehensive plan.

PERSON: Includes individuals, firms, corporations, associations, trusts, partnerships and any other similar entities.

PERSONAL SERVICES: Uses including consumer convenience services that are offered for compensation including hair salons, beauty and barber shop, body art, facial care, pedicures, therapeutic massage business pursuant to Title 3, Chapter 15 of this Code, manicures, laundry and dry cleaning pick up stations including incidental pressing and repair, and custom clothing alterations.

PET GROOMING: A business where clipping, bathing, and related services are provided for dogs, cats, and other domestic pets but not including veterinary care, adoption activities, outdoor runs or play areas and/or overnight boarding.

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

PLAIN CONCRETE BLOCK: A masonry building block of cast concrete, either plain or scored to give the appearance of additional joints, that has no additional surface texturing.

PLANNED UNIT DEVELOPMENT: A zoning district, which may include single or mixed uses, one or more lots or parcels, intended to create a more flexible, creative and efficient approach to the use of land and subject to the procedures, standards and regulations contained in this title.

PLANNING COMMISSION: The Burnsville Planning Commission.

PLAT: The drawing or map of a subdivision proposed for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in the City Subdivision Ordinance.

PRECAST PANEL: A building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation.

PRESTRESSED CONCRETE PANELS: A building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation.

PRIVATE ANTENNA: Antenna erected for noncommercial use.

PRODUCE: Farm products that are planted, maintained, and harvested by a producer or vendor.

PRODUCER: A person(s) (vendor) who owns or rents land, and plants, maintains and harvests produce.

PUBLIC VIEW: The view of any building elevation by the public from a public or private street which abuts the property.

RAIL UNLOADING FACILITY: Any business at which railroad cars are unloaded.

RAIN SCREEN: An exterior weather facing surface of an exterior wall detail that stands off from the moisture resistant surface of the structural backup wall.

RECREATIONAL MOTOR VEHICLE: Any self-propelled vehicle, power assisted vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, powered by a combustion engine or electric motor, including, but not limited to, trail bikes, mini-bikes, go-carts, all-terrain vehicles, snowmobiles, hovercraft, or other vehicles not licensed under the provisions of Minnesota Statutes, Chapter 168, excluding motor vehicles used in the performance of lawn/yard maintenance or snow removal, or designed for construction, commercial, medical, industrial, or agricultural use. This does not apply to licensed mopeds, motorized bicycles, personal assistive mobility devices (also known as "segways"), or electric assisted bicycle, as defined in Minnesota Statutes, Section 169.011 and regulated within Minnesota Statutes, Chapter 169 or any ADA approved mobility device.

RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this title, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

RECYCLING FACILITY: Any land or structure used for salvaging operations including, but not limited to, the storage and sale of wastepaper, rags, scrap metal and discarded materials and the collection, dismantlement, storage and salvage of 2 or more unlicensed, inoperative vehicles.

REGULARLY CUT: Mowing or otherwise cutting weeds or grass so that it does not exceed 8 inches in length.

RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

RESIDENTIAL HEALTHCARE FACILITY: A facility for the frail elderly that provides on a 24 hour per day basis, rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse; and may provide other services, such as recreational, social, and cultural activities, financial services, and transportation.

RESTAURANT, FAST FOOD: An establishment whose principal business is the sale of food and/or beverages in a ready to consume state for consumption:

1. Within the restaurant building;
2. Within a motor vehicle parked on the premises;
3. Off the premises as carryout orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in paper, plastic or other disposable containers.

RESTAURANT, STANDARD: An establishment whose principal business is the sale of food and/or beverages to customers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics:

1. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;
2. A cafeteria type operation where food and beverages generally are consumed within the restaurant building.

RETAIL FOOD ESTABLISHMENT: Any fixed facility in which food or drink is offered or prepared primarily for retail sale.

RETAIL SALES: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETIREMENT HOUSING: Any age restricted residential development, other than a nursing home, that consists of attached or detached dwelling units, offering one level living areas, common activity or recreational facilities, and independent or congregate living. Retirement housing may be an adult retirement community, a congregate residence, or an assisted living facility.

SCHOOL: Unless otherwise specifically described in the ordinances of the City or other applicable laws or regulations, the term "school" shall mean any building where a principal use is educational instruction.

SCREENING: A method of obstructing 100 percent of the view of one abutting or nearby structure or use from another by solid fencing, walls, berms, buildings, grade change or densely planted evergreen vegetation.

SETBACK: The minimum required distance between a sign, parking lot or the vertical wall of a building and a lot line as regulated by this title.

SEVERE SLOPES: Slopes of over 40 percent as measured over horizontal distances of 50 feet or more that are not bluffs.

SIGN: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in view of the general public, or inside of a building within 3 feet of a transparent window. A sign shall be considered as a structure or a part of a structure for the purpose of applying yard and height regulations except as herein provided.

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

SOILS WITH VERY RAPID PERMEABILITY: Soils having a permeability rate greater than 1/2 minute per inch.

SPECIAL SALES EVENT: Sales events such as crafts, samples, and art sales and boutiques selling handmade items, clothes, and gifts.

SPORTS ARENA: A structure where athletic sporting events are held and where accommodations for spectator viewing areas, team play, refreshments and athletic courts and/or fields are provided.

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

STABLE, COMMERCIAL: A building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

STABLE, PRIVATE: Any building accessory to an existing residential, principal use that shelters horses for the exclusive use of the occupants of the premises.

STEEP SLOPES: Lands having average slopes over 12 percent and up to 18 percent, as measured over horizontal distances of 50 feet or more that are not bluffs as defined in section 10-8-2 of this Title. Steep slopes include all soils grouped in Dakota County soil survey slope Class C.

STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures.

TAVERN: An establishment used primarily for drinking alcohol and designed for social interaction and/or entertainment. Also includes a bar, wine bar, pub, saloon, or microbrewery.

TEMPORARY/SEASONAL OUTDOOR SALES USES: The display or sale of the following items: Christmas trees; nursery stock, plants and related materials; garden produce; lawn, garden, patio furniture and furniture accessories; antique/flea market not to include vehicles; and farmer’s markets. Transient roadside vending is specifically not allowed.

TEXTURES: A grainy, fibrous, woven or dimensional quality to an exterior building material surface as opposed to flat or smooth surfaces.

THRIFT STORE: A business that sells used items and includes any of the following operational characteristics, except those businesses defined in this Code as an "equipment rental business" or "pawnshop":

1. Receipt of used items directly from the public at the business location.
2. Processing, conditioning, cleaning, or repair of used items for resale.
3. Storage of used items on site for processing, resale, or disposal.
4. Receipt of goods through purchase, consignment, or donation.

TRADE OR BUSINESS SCHOOL: A specialized instructional establishment which provides on site training of business, commercial, and/or trade skills such as accounting, cosmetology, data processing and computer repair. Incidental instructional services in conjunction with another use allowed in the zoning district shall not be considered a business or trade school.

TREE: Any woody plant that has at least 1 trunk whose diameter 4 feet above the ground is 2 1/2 inches or greater.

TRUCK FARM/GARDEN: An area of land typically less than 5 acres in size used for the small scale production of vegetables, fruits, sod, grains and flowers that are grown primarily for cash sales to consumers, restaurants and independent stores.

TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue, and rye grass blends, and nonwoody vegetation interspersed with them.

UNADORNED/PLAIN: An exterior building material designed with little or no adornment, color impregnation, decoration, or texture.

UNUSUAL AGGRESSIVE BEHAVIOR: Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs.

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

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

USE, TEMPORARY: One established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

VARIANCE: Permission to depart from the requirements of this title.

VEGETATION: All plant growth, including, without limitation, trees, shrubs, mosses and grasses.

VERTICAL PATTERNS: An artistic or decorative vertical design embedded into a decorative concrete block or acceptable concrete panel wall or the use of brick, stone, block or other material which is incorporated into the overall design through vertical forms.

VERY SHALLOW SOILS: Soils located over bedrock which lies 0 to 3 feet below the ground surface.

VERY STEEP SLOPES: Slopes between 18 percent and up to 40 percent as measured over horizontal distances of 50 feet or more, that are not bluffs. Very steep slopes include all soils grouped in Dakota County soil survey slope Classes D, E, F.

VETERINARY CLINIC/HOSPITAL: A clinic/hospital operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.

VISUAL RELIEF: The incorporation of design features of a building that would include horizontal and vertical patterns, contrasting materials, colors and/or varying wall depths to prevent a continual flat expanse of wall.

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

WEEDS: As defined in section 7-1-9-1 of this Code.

WETLAND: A low area permanently or seasonably covered with shallow water including marsh, swamp, bog, wet meadow, slough or intermittent lake.

WHOLESALING: The selling of goods, materials, or equipment may be made in bulk to other business. No sales shall be made on the premises to the general public or individual members of a purchasing club.

WIND ENERGY CONVERSION SYSTEM: An electrical generating system or structure comprised of one or more wind turbines and accessory facilities that operate by converting the kinetic energy of the wind into electrical energy to be used on site or distributed into the electrical grid.

WOODLAND: A group of trees at least one-half (1/2) acre in area and with a crown cover of 50 percent or greater.

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 title. 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.

YARD, FRONT: 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.

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

YARD, SIDE: A yard extending along the 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.