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

A.

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

B.

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

C.

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

D.

If terminology is not defined in this Ordinance, then definitions contained within the City Code or the Minnesota State Building Code shall be utilized. If none of these sources contain definitions, then Webster's Dictionary shall be used to define such terms.

For the purpose of this Ordinance the terms defined in this chapter have the meanings given them:

Abandoned sign. "Abandoned sign" shall mean a sign which refers to a use or activity that is no longer located on the property where the sign is located, or which has ceased to be used through the removal of its copy or the deterioration of its copy through lack of maintenance, but excluding temporary or short-term periods of remodeling, refurbishment or maintenance of the sign or temporary vacancy of the premises.

Accessory use. "Accessory use" shall mean a use that is incidental to and customarily associated with a specific principal use and located on the same parcel as the principal use. Accessory uses that are permissible within each zoning district are listed within the zoning districts.

Accessory structure. "Accessory structure" shall mean a detached subordinate structure(s), the use of which is incidental to that of the principal structure and located on the same zoning lot therewith.

Addition. "Addition" shall mean a vertical or horizontal physical enlargement of an existing structure.

Animal unit equivalent. "One Animal unit equivalent" is herein defined as one of the following: One horse, one cow, one pig, one sheep, one goat, twenty-five chickens, or other fowl, or twenty-five rabbits. Animal unit equivalents, not included in this definition may be determined by the city council as needed.

Animated sign. "Animated sign" shall mean a sign which changes colors or physical position by movement or rotation or which gives the visual impression of such movement or rotation. This definition does not include signs which indicate time, temperature, and/or date only.

Apartment. "Apartment" shall have the same meaning as "dwelling, multiple family".

Applicant. "Applicant" shall mean any person requesting approval of any land-use or development application, or similar entitlement regulated by the city. The applicant may or may not also be the owner or developer.

Application. "Application" shall mean the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the applicable department, board, or commission of the city for development review, approval or permitting process.

Area of sign. "Area of sign" shall mean the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Where sections or modules are installed back to back, one face only is considered as area. If there is a difference, the larger face will be counted.

Association. "Association" shall mean a property owners' association, homeowners' association or community association which administers and maintains the common property and common elements.

Auction house. "Auction house" shall mean a business that receives used items for auction but may not purchase said items.

Bed and breakfast. "Bed and breakfast" shall mean an owner-occupied residence within which is provided guest rooms for a fee, and which may provide meals to those renting the guest rooms.

Bluff. "Bluff" shall mean a natural topographic feature such as a hill, cliff or embankment having the following characteristics:

(a)

The slope rises at least 25 feet above the toe of the bluff; and

(b)

The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30 percent or greater.

Any area with an average slope of less than 18 percent over a distance of 50 feet shall not be considered part of the bluff.

Additional criteria for determining and locating a bluff are set forth in article IX.

Background area. "Background area" shall mean the entire area of a sign on which copy could be placed, as opposed to the copy area, where copy is in fact posted or painted. See also, "face of sign".

Banner. "Banner" shall mean any sign of lightweight fabric, plastic or similar material permanently mounted at one or more edges to a pole or other structure. National Flags, state and municipal flags, and official flags of businesses, institutions or other organizations shall not be considered banners.

Beacon. "Beacon" shall mean any light with one or more beams which rotate, move or which are directed into the atmosphere or at one or more points not on the same zoning lot as the light source.

Best management practice (BMP). "Best management practice" or "BMP" shall mean structural or non-structural practices used to manage, convey, or treat runoff designed in compliance with the most current versions of the MPCAs "Protecting Water Quality in Urban Areas" and "Minnesota Stormwater Manual".

Billboard sign. "Billboard sign" shall mean a sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location that is typically different than the premises on which the sign is located.

Board. "Board" shall mean the board of adjustments and appeals.

Brew pub. "Brew pub" is a restaurant-brewery that includes the on-site production and sale of beer where the majority of its manufactured beer is sold for on-site consumption. Brew pubs may also sell beer for off-site consumption in growlers.

Buildable area. "Buildable area" shall mean the space remaining on a zoning lot after the minimum open space, offset, and setback requirement have been complied with; excepting any floodplain, wetland, bluff, buffers, or similarly designated unbuildable land.

Building Code. "Building Code" means the Minnesota State Building Code as adopted in the Carver City Code.

Building coverage. "Building coverage" shall mean the ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory structures on a zoning lot to the total zoning lot area.

Building footprint. "Building footprint" is that portion of a zoning lot covered by a building or structure where it meets the earth, measured on a horizontal plane.

Building-integrated solar energy system. "Building-integrated solar energy system" shall mean a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings.

Building-mounted solar energy system. "Building-mounted solar energy system" shall mean a solar energy system affixed to a principal or accessory building.

Building official. "Building official" shall mean that person designated to administer the Building Code under the City Code of Ordinances.

Canopy (or marquee). "Canopy" shall mean a permanent roof-like shelter extending from part or all of a structure face and constructed of some durable material such as fabric, metal, glass or plastic.

Cannabis cultivation. "Cannabis cultivation" shall mean a business with a cannabis cultivator license, medical cannabis cultivator license, or cultivation endorsement from the from the OCM.

Cannabis delivery. "Cannabis delivery" shall mean a business with a cannabis delivery service license or delivery service endorsement from the OCM.

Cannabis manufacturing. "Cannabis manufacturing" shall mean a business with a cannabis manufacturer license or manufacturing endorsement from the OCM.

Cannabis processing. "Cannabis processing" shall mean a business with a medical cannabis processor license or processing endorsement from the OCM.

Cannabis retailer. "Cannabis retailer" shall mean a business with a cannabis retailer license or medical cannabis retailer license from the OCM and the retail location(s) of cannabis mezzobusinesses with a retail operations endorsement, cannabis microbusinesses with a retail operations endorsement, and cannabis medical combination businesses operating a retail location. "Cannabis retailer" shall exclude lower-potency hemp edible retail businesses.

Cannabis testing. "Cannabis testing" shall mean a business with a cannabis testing facility license or testing endorsement from the OCM.

Cannabis transportation. "Cannabis transportation" shall mean a business with a cannabis transporter or cannabis delivery service license or transportation endorsement from OCM.

Cannabis wholesaling. "Cannabis wholesaling" shall mean a business with a cannabis wholesaler license or wholesaling endorsement from the OCM.

Canopy sign. "Canopy sign" shall mean any sign attached to or constructed in or on a canopy. For purposes of this Ordinance, this term includes marquee sign.

Carver Historic District. "Carver Historic District" shall mean that area of the City of Carver listed on the National Register of Historic Places.

Certificate of occupancy. "Certificate of occupancy" shall mean a document issued by the building official as a condition precedent to the commencement of a use after the construction or reconstruction of a structure which acknowledges that the specified use and structure complies with the provisions of this Ordinance and the Building Code.

Changeable copy board. "Changeable copy board" shall mean a sign on which copy or sign panels may be changed, such as boards with changeable letters or changeable pictorial panels.

Changing sign. "Changing sign" shall mean an electronically or electrically controlled time, temperature and date sign.

City. "City" shall mean the City of Carver, Minnesota.

City council. "City council" shall mean the city council of the city.

City manager. "City manager" shall mean the office of the city manager or his designee.

Commercial message (or commercial speech). "Commercial message" shall mean any sign, wording, logo, or other visual representation that directly or indirectly identifies, names, advertises, or directs attention to a business operated for profit, or to a product, commodity commercial interest or activity, or is otherwise intended to induce the purchase of goods, commodities, products, property, or services. For purposes of this Ordinance, this term includes commercial speech.

Community solar energy system (also called a "solar garden"). "Community solar energy system" shall mean a solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, under the provisions of M.S.A. § 216B.1641 or successor statute.

Common property. "Common property" shall mean any portion of a development that is not part of a zoning lot and is designated for the common usage of the development. These areas include open spaces and may include such other uses as parking lots and pedestrian walkways. Maintenance of such areas is not the responsibility of the city and responsibility for maintenance shall be set forth by the association in the form of a declaration of covenants which shall guarantee the maintenance of these areas.

Conditional use. "Conditional use" shall mean uses which, although generally compatible with the basic use classification of a particular zoning district should not be permitted to be located as a matter of right in every area included within a zoning district because of hazards in the use itself or special problems which its proposed location may present. Conditional uses for each zoning district are identified within the ordinance and may only be granted for those particular uses identified within each zoning district.

Conditional use permit. "Conditional use permit" means a permit issued by the city setting out the terms under which a conditional use is allowed.

Control measure. "Control Measure" shall mean a practice or combination of practices to control erosion and attendant pollution.

Copy. "Copy" shall mean the wording and advertising display on a sign surface.

Copy area. "Copy area" shall mean the area in square feet of the smallest four-sided figure which describes the area enclosed by the actual copy of a sign. For wall or canopy signs, the copy area limits refer to the message, not to the illuminated background.

Corner lot. "Corner lot" shall mean a zoning lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

Corner side yard setback. "Corner side yard setback" shall mean the minimum distance between the side zoning lot line on a side of a corner lot adjacent to a right-of-way and the nearest point of any structure.

Currency Exchange. "Currency Exchange" shall mean any business or Person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, wire transfers, or traveler's checks for a fee.

Daycare. "Daycare" shall mean a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Declaration of covenants. "Declaration of covenants" shall mean an agreement that binds and restricts the land in the hands of present owners and future purchasers. They are enforced only by the owners involved and not by the city or other public agency.

Detention facility. "Detention facility" shall mean a permanent natural or man-made structure, including wetlands, for the temporary storage of run off which contains a pool of water.

Developer. "Developer" shall mean that Person who is improving a parcel of land within the city and who may or may not be the owner of the property.

Development. "Development" shall mean any building construction or renovation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use.

District, zoning. See "zoning district".

Double-faced sign. "Double-faced sign" shall mean a sign which has two display areas against each other or where the interior angle formed by the display areas is 60° or less, where one face is designed to be seen from one direction and the other face from another direction.

Dwelling, one-family. "Dwelling, one-family" shall mean a building used exclusively for occupancy by one family.

Dwelling, two-family. "Dwelling, two-family" shall mean a structure used exclusively for occupancy by two families living independently of each other. Also commonly referred to as a duplex or twinhome.

Dwelling, multiple-family. "Dwelling, multiple-family" shall mean a structure designed with three or more dwelling units where the families live independently from each other, but may share hallways and main entrances and exits.

Dwelling unit. "Dwelling unit" shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dynamic display. "Dynamic display" shall mean any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.

Essential service. "Essential service" shall mean the erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water, sanitary sewer or surface water transmission, distribution, collection, supply or disposal systems and streets, trails and sidewalks. Transmission/reception support structures and antenna shall not be considered an essential service.

Face of sign. "Face of sign" shall mean the entire area of sign on which copy could be placed. See also, "background area".

Firearms sales. "Firearms sales" shall mean a business engaged in the sale of firearms that holds a Federal Firearms License under the Gun control Act of 1968, as amended from time to time. Exempted from this definition are those retailers for which firearm sales are an incidental portion of the sales for a single retailer operating a store with retail floor area of at least 100,000 square feet.

Flags. "Flags" shall mean any fabric, plastic or similar material containing distinctive colors, patterns, or symbols.

Flashing sign. "Flashing sign" shall mean a sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits marked changes in lighting effects. Illuminated signs which indicate only the time, temperature, or date shall not be considered flashing signs.

Flood. "Flood" shall mean a temporary rise in stream flow or stage which results in water inundation of the areas adjacent to the channel.

Flood fringe. "Flood fringe" shall mean those areas included within a floodplain that fall outside the floodway and are subject to inundation from the regional (100-year) flood level.

Floodplain. "Floodplain" shall mean the areas adjoining a natural watercourse that are subject to inundation from temporary rises in water levels and include the floodway and flood fringe as defined herein.

Floodway. "Flood way" shall mean the channel and portions of the floodplain adjoining the channel reasonably required to carry and discharge floodwater or flood flow up to and including the regional (100-year) flood level.

Free-standing sign. "Free-standing sign" shall mean a sign erected on a free-standing frame, mast or pole not attached to any structure.

Front yard. "Front yard" shall mean a yard extending the full width of a zoning lot and lying between a front property line and the nearest point of the principal structure.

Front yard setback. "Front yard setback" shall mean the minimum distance between the front zoning lot line and the nearest point of any structure.

Gross floor area (GFA). "Gross floor area" shall mean the aggregate floor area of an entire building or structure enclosed by and including the surrounding exterior walls.

Ground-mounted solar energy system. "Ground-mounted solar energy system" shall mean a solar energy system affixed to the ground.

Growler. "Growler" is a container used in the package and sale of malt liquor, 64 ounces in size (or one-half gallon).

Guest room. "Guest room" shall mean a one-story room provided for a fee in a hotel, motel or bed and breakfast, the size of which is not susceptible to permanent division and which may contain a kitchen or kitchenette and not more than one bathroom.

Height of sign. "Height of sign" shall mean the vertical distance to the highest point of a sign from ground level. The height shall include both the face of sign and the sign structure.

Height, maximum. See "maximum height".

Home occupation. "Home occupation" shall mean a lawful occupation customarily carried on by a resident of a dwelling as an accessory use and carried out under the terms and conditions of section 50-87 of this chapter.

Hotel. "Hotel" shall mean an establishment providing, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary services may include but shall not be limited to conference and meeting rooms, restaurants, bars and recreational facilities.

Hydric soils. "Hydric soils" shall mean those soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

Hydrophytic vegetation. "Hydrophytic vegetation" shall mean macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

Illicit connection. "Illicit connection" shall mean either of the following:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm sewer system including any nonstormwater discharge such as sewage, processed wastewater and wash water and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency, or

(2)

Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit discharge. "Illicit discharge" shall mean any direct or indirect non-stormwater discharge to the storm sewer system, except as exempted in section 50-161.

Illuminated sign. "Illuminated sign" shall mean any sign which is lighted from within (internal) or without (external).

Interior lot. "Interior lot" shall mean a zoning lot that is not a corner lot or through lot.

Land disturbing or development activities. "Land disturbing or development activities" shall mean any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure. May also be called "land disturbing activity (or activities)".

Lot, zoning. See "zoning lot".

Lot, corner. See "corner lot".

Lot, interior. See "interior lot".

Lot of record. "Lot of record" shall mean any lot which is one unit of a plat duly approved and filed lawfully existing at the time of adoption or amendment of this Ordinance or a parcel of land for which a deed or register land survey has been recorded in the office of the county recorder.

Lot of record, substandard. See "substandard lot of record".

Lot, through. See "through lot".

Lower-potency hemp edible manufacturing. "Lower-potency hemp edible manufacturing" shall mean a business with a lower-potency hemp edible manufacturer license from the OCM.

Lower-potency hemp edible retailer. "Lower-potency hemp edible retailer" shall mean a retail location with a lower-potency hemp edible retailer license from the OCM, including on-site consumption as allowed by State of Minnesota regulations.

Maximum height. "Maximum height" shall mean a horizontal plane above and parallel to the average finished grade at the front of the building at the height shown in the district regulations. No part of any structure shall project through such plane.

Monument sign. "Monument sign" shall mean a sign not supported by posts or poles which is architecturally designed and compatible with the other structures on the property. Said sign shall be located directly at grade where the base width dimension is 75 percent or more of the greatest width of the sign. The base or support of the sign shall complement the design of the structure and incorporate 40 percent of brick, stone, decorative block, or substantially similar materials as may be approved by the city.

Monument sign, TH 212 frontage. "Monument sign, TH 212 frontage" shall mean an alternative sign allowed for properties adjacent to TH 212 that replaces the monument sign otherwise allowed.

Motel. "Motel" shall mean a structure or series of structures in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

Municipal separate storm sewer system (MS4). "Municipal separate storm sewer system (MS4)" shall mean a conveyance or system of conveyances, owned or operated by a state, city, town, county, district, association, or other public body having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes that discharges to waters of the United States.

National Pollutant Discharge Elimination System (NPDES). "National Pollutant Discharge Elimination System (NPDES)" shall mean a federal permit program authorized by the Clean Water Act which controls water pollution by regulating point sources that discharge Pollutants into waters of the United States.

Nonconforming sign. "Nonconforming sign" shall mean a sign erected or otherwise in use prior to the effective date of this Ordinance which fails in one or more respects to comply with all provisions of this Ordinance.

Noncommercial message (or noncommercial speech). "Noncommercial message" shall mean the dissemination or messages not classified as commercial messages which includes, but is not limited to, messages containing political, religious, ideological, and social and public service topics. For purposes of this Ordinance, this term includes noncommercial speech.

Obscene. "Obscene" shall mean any form of speech which, taken as a whole, appeals to the prurient interest in sex, portrays sexual conduct in a patently offensive way, and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. See Miller v. California, 413 U.S. 15, 93 S. Ct. 2607 (1973).

Office of cannabis management (OCM). "Office of cannabis management" or "OCM" shall mean the State of Minnesota Office of Cannabis Management.

Outdoor sidewalk café. "Outdoor sidewalk café" shall mean a seating area with one or more tables and chairs on a public sidewalk adjacent to a permitted use where food and/or beverages are sold and served to customers for on-site consumption from the business operating such permitted use.

Owner. "Owner" shall mean any person, agent, firm, corporation or partnership or other organized entity that alone, jointly, or severally with others: (1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof, or (2) has charge, care, or control of any premises, dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the recorder of deeds of Carver County to be the owner of a particular property shall be presumed to be the person in control of that property.

Pawnshop. "Pawnshop" shall mean a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted.

Payday loan agency. "Payday loan agency" shall mean any business that has as its primary activity the providing of short-term loans for the borrower's own personal, family, or household purpose which are usually for a period of 45 days or less. Payday loan agencies do not include banks.

Person. "Person" shall mean any individual, firm, corporation, partnership, limited liability company, organized entity, joint venture, franchise, association, governmental entity, or other organized entity.

Planning commission. "Planning commission" shall mean the planning commission of the city as appointed by the city council.

Plat. "Plat" shall mean a division of land in conformance with M.S.A. § 505.021, as amended.

Pole sign. "Pole sign" shall mean a sign that is mounted on a free-standing pole or other sign structure, any part of which is narrower than the sign.

Pollutant. "Pollutant" shall mean any substance which, when discharged, has potential to or does: interfere with state designated water uses; obstruct or cause damage to waters of the state; change water color, odor or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; add an unnatural surface film on the water; adversely change other chemical, biological, thermal or physical conditions, in any surface water or stream channel; degrade the quality of ground; or harm human life, aquatic life, or terrestrial plant and wildlife. Pollutant includes dredged soil, solid waste, garbage, wastewater, wastewater sludge, chemical waste, biological materials, radioactive materials, rock sand, dust, industrial waste, sediment, nutrients, toxic substances, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance and oxygen-demanding material.

Portable sign. "Portable sign" shall mean any sign which is designed to be transported, including, but not limited to, signs transported by trailer or its own wheels, even though the wheels of such sign may be removed and remaining chassis or support constructed without wheels is converted to an "A" or "T" frame sign or attached temporarily or permanently to the ground. Portable sign also means a sign carried by a person when that person's function is to display or convey a message as a pedestrian. Portable sign also means and includes a sign attached to, mounted on, posted on, painted or drawn on a motorized or drawn vehicle, when such vehicle is parked or placed in such a manner as to serve the purpose of an advertising device, or routinely parked at a location other than the location generally associated with the message conveyed or identified thereon, or when the primary purpose or function of such vehicle is to transport the message or messages conveyed or identified thereon. Portable signs shall not be deemed to include standard bumper stickers on vehicles, license plates, or signs that may be reflected on hats or other articles of clothing.

Principal structure. "Principal structure" shall mean a non-accessory structure in which the principal use of the zoning lot on which it is located is conducted.

Principal use. "Principal use" shall mean the primary use of any zoning lot.

Production brewery. "Production brewery" is a business that manufactures, processes and warehouses beer for wholesale distribution in off-sale packages to retail liquor establishments, and may retail beer product for on-site consumption in a taproom or for off-site consumption as growlers. A production brewer may not have an ownership interest in a brewery licensed under M.S.A. § 340A.409, subd. 6, clause (d).

Prohibited sign. "Prohibited sign" shall mean any sign, other than a nonconforming sign, which does not comply with this Ordinance or is specifically restricted herein.

Property owner. See definition of "owner".

Public notice sign. "Public notice sign" shall mean any sign or notice posted by the city.

Public waters. "Public waters" shall mean waters of the state as defined in M.S.A. § 103G.00S, subd. 15, as amended from time to time.

Pylon sign. "Pylon sign" shall mean a sign supported by a post or posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the base width dimension is a minimum of ten percent up to and including 75 percent of the greatest width of the sign.

Rear yard. "Rear yard" shall mean a yard extending the full width of a zoning lot and lying between a rear property line and the nearest point of the principal structure.

Rear yard setback. "Rear yard setback" shall mean the minimum distance between the rear zoning lot line and the nearest point of any structure.

Resident room. "Resident room" shall mean a residential unit provided for a fee in a structure or structures that provide some level of service or assistance to its residents. These rooms may be located in assisted living facilities, life care or continuing care facilities, or other similar residential care facilities.

Roof line. "Roof line" shall mean the top edge of the roof or the top of the parapet, whichever forms the top line of the structure silhouette.

Roof sign. "Roof sign" shall mean any sign erected upon, against or directly above a roof or on top of or above the parapet of a structure.

Rotating sign. "Rotating sign" shall mean any sign or portion of a sign that moves in a revolving or similar manner.

School. "School" shall mean a public school as defined under M.S.A. § 120A.05 or a nonpublic school that must meet the reporting requirements under M.S.A. § 120A.24.

Sediment. "Sediment" shall mean solid matter carried by water, sewage, or other liquids.

Self service storage facility. "Self service storage facility" shall mean a structure or group of structures containing separate storage spaces, which may be of various sizes, and may be leased or owned on an individual basis.

Setback. "Setback" shall mean the minimum distance by which any portion of any structure or other use of property must be separated from a zoning lot line or other use as prescribed by this Ordinance.

Setback, corner side or corner side yard. See "corner side yard setback".

Setback, front or front yard. See "front yard setback".

Setback, rear or rear yard. See "rear yard setback".

Setback, side or side yard. See "side yard setback".

Side yard. "Side yard" shall mean a yard extending the full width of a zoning lot between the front yard and rear yard and lying between a side property line and the nearest point of the principal structure.

Side yard setback. "Side yard setback" shall mean the minimum distance between the side zoning lot line and the nearest point of any structure.

Sidewalk or sandwich board sign. "Sidewalk or sandwich board sign" shall mean a movable sign not secured or attached to the ground or surface upon which it is located.

Sight triangle. "Sight triangle" shall mean that triangular area defined as follows: Beginning at the point of intersection of the right-of-way of two intersecting streets, thence 20 feet along one right-of-way line, thence diagonally to a point on the other right-of-way line 20 feet from the point of beginning, thence to the point of beginning.

Sign. "Sign" shall mean any identification, description, illustration, symbol, statue or device, illuminated or non-illuminated, which is visible from any public place each designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public's attention to a product or location, with the exception of window displays and state or national flags. For the purpose of removal, sign shall also include all sign structures.

Sign, double-faced. "Sign, double-faced" shall mean a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.

Sign structure. "Sign structure" shall mean any structure which supports, has supported or is designed to support a sign, and includes the sign. A decorative cover is part of a sign structure.

Site plan. A scaled, legible drawing representing the zoning lot showing at least the property lines, public street rights-of-way, drive entrances, structures and the location of existing signs, setbacks, contour lines, parking lots, and other items as determined necessary by the zoning administrator.

Solar energy system. "Solar energy system" shall mean a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system).

Spa. "Spa" shall mean a structure primarily designed for therapeutic and/or recreational use, which is not drained, cleaned, or refilled for each individual. It may include, but not be limited to: hydro jet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. Industry terminology for a spa includes, but is not limited to: therapeutic pool, hydrotherapy pool, whirlpool, hot spa, and hot tub.

Stormwater pollution prevention plan (SWPPP). "Stormwater pollution prevention plan (SWPPP)" shall mean a plan submitted by an applicant addressing the design and management of stormwater that meets stormwater permitting requirements for land disturbing activities.

Story. "Story" shall mean that portion of a structure included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and ceiling next above it.

Structure. "Structure" shall mean anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage areas, fences and retaining walls.

Structure, accessory. See "accessory structure".

Structure alteration. "Structure alteration" shall mean any change in the supporting members of an existing structure, such as bearing walls, columns, beams or girders.

Structure, nonconforming. "Structure, nonconforming" shall mean any building or structure which does not comply with all the regulations of this Ordinance or any amendment thereto governing the zoning district in which such building or structure is located.

Structure, principal. See "principal structure".

Subdivision ordinance. "Subdivision ordinance" shall mean the ordinance of the city regulating the subdivision of land.

Subdivision sign. "Subdivision sign" shall mean a sign located at the vehicular entrance or exit to a subdivision.

Subject property: "Subject property" shall mean the property that is the subject of the Application, enforcement action, or zoning requirement.

Substandard lot of record. "Substandard lot of record" shall mean any zoning lot lawfully existing at the time of adoption or amendment of this Ordinance and not in conformance with the dimensional and/or area provisions of this zoning code.

Swimming pool. "Swimming pool" shall mean any enclosure, designed or intended or used for the containment of water, whether constructed below ground level or above ground level, having a surface area exceeding 100 square feet and a depth exceeding 18 inches which is designed, intended or used for swimming, wading, or other recreational use.

Swinging sign. "Swinging sign" shall mean a hinged sign installed on an arm or spar, and which is not also permanently fastened to an adjacent wall or upright pole.

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

Temporary sign. "Temporary sign" shall mean a sign which is not permanently affixed including but not limited to items such as pennants, flags of other than a political jurisdiction, beacons, sandwich or curb signs, balloons or other air or gas filled figures. Banners are not included in this definition.

Tenant frontage. "Tenant frontage" shall mean the horizontal distance in feet between the left side wall and the right side wall or structure end wall of a tenant space fronting on a street.

Townhouse. "Townhouse" shall mean a structure containing three or more dwelling units in which each dwelling unit extends from foundation to roof and has direct outside access.

Through lot. "Through lot" shall mean a zoning lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Under-canopy sign. "Under-canopy sign" shall mean a sign suspended below the ceiling or roof of a canopy or marquee and perpendicular to the face of the structure. For the purposes of this Ordinance, this term includes signs that are attached to a wall perpendicular to the face of the structure even if there is not a canopy above the sign.

Unit. "Unit" shall mean a portion of a structure or structures which is intended for separate ownership or separate occupancy.

Use, accessory. See "accessory use".

Use, principal. See "principal use".

Variable message board. "Variable message board" shall mean a programmable sign that provides changing information.

Variance. "Variance" shall mean the means by which an adjustment is made in the application of the specific regulations of this Ordinance to a specific property. Variances from the uses permitted in a district are not allowed under M.S.A. § 462.359.

Wall sign. "Wall sign" shall mean a sign attached to or erected against a wall or fascia of a structure, with the face parallel to the structure wall and extending not more than one foot (1 ft.) therefrom.

Wetlands. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils;

(2)

Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances support a prevalence of such vegetation.

Window sign. "Window sign" shall mean a sign installed on or inside a window for purposes of viewing from outside the structure. Signs located inside a structure but installed a distance greater than three feet from the inside surface of any window shall not be considered a window sign and shall not be subject to this Ordinance. This term does not include merchandise located in window.

Yard. "Yard" shall mean an open space unoccupied and unobstructed from the ground upward, except for landscaping, driveway curbcuts, fences and as otherwise provided in this Ordinance.

Yard, front. See "front yard".

Yard, rear. See "rear yard".

Yard, side. See "side yard".

Zoning administrator. "Zoning administrator" or "administrator" shall mean the city manager or appointed designee.

Zoning district. "Zoning district" shall mean any district on the zoning map under the terms and provisions of this Ordinance or which may hereinafter be adopted subsequent to the enactment of this Ordinance for which regulations governing the area, height, use of buildings, or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniform.

Zoning lot. "Zoning lot" shall mean a single parcel of land (located within a block if in a platted area) which, at time of application for a permit for a structure on the land, is designated by its owner or developer as a parcel to be used, developed or built upon as a unit under single ownership or control. A zoning lot need not coincide with a lot of record, and may consist of: (1) a single lot of record; (2) a portion of a lot of record; (3) a combination of complete or portions of lots of record; or (4) a tract of land described by metes and bounds and of record in the office of the county recorder or registrar of titles.

Zoning map. "Zoning map" shall mean the map or maps that are a part of this Ordinance and that delineate the boundaries adopted or amended by the city from time to time of all zoning districts within the corporate limits of the city.

(Ord. No. 03-2016, § 1, 5-16-2016; Ord. No. 02-2017, § 2, 2-21-2017; Ord. No. 04-2018, § 1, 3-5-2018; Ord. No. 10-2018, § 1, 6-4-2018; Ord. No. 08-2023, § 1, 8-7-2023; Ord. No. 10-2024, § 1, 12-16-2024; Ord. No. 06-2025, § 2, 5-5-2025)