The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use oraccessory building or structure means a use, building, or structure, or portion of a building or structure, secondary or subordinate to and serving the principal use or structure on the same lot, and customarily incidental thereto.

Adult entertainment use means and includes any and all of the following:

(1)

Adult body painting studio means an establishment or business which provides the service of applying paint or other substance whether, transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

(2)

Adult bookstore means a business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(3)

Adult club means an establishment, business or building wherein admission is charged for entrance, or food or beverages are sold or intended for consumption, and wherein may be observed live presentation of dancing or other entertainment distinguished or characterized by an emphasis on the presentation, depiction, description, or display of nudity, specified anatomical areas, or specified sexual activities. The term "adult club" includes the type of establishment referred to colloquially as a strip club.

(4)

Adult companionship establishment means a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5)

Adult mini-motion picture theater means a business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

(6)

Adult modeling studio means an establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

(7)

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(8)

Adult motion picture theater means a business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

(9)

Adult novelty business means a business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.

(10)

Adult sauna means a sauna which excludes minors by reason of age, or which provides a steam bath or heated bathing room used for the purpose of bathing, relaxation, or reducing stress, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Agricultural building or structure means any building or structure which is used principally for agricultural purposes, with the exception of dwelling units.

Agricultural use means the use of land for the growing and/or production of field crops, livestock and livestock products for the production of income, including, but not limited to, the following:

(1)

Field crops, including barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;

(2)

Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink;

(3)

Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.

Alley means a public street or thoroughfare affording secondary access to abutting property.

Antenna means a conductor by which electromagnetic waves are transmitted or received.

Apartment means a room or suite of rooms with separate cooking and bath facilities which is occupied as a residence by a single-family or a group of individuals living together as a single-family unit. The term "apartment" includes any unit in buildings with more than three dwelling units.

Athletic and health clubs/businesses mean a building, or portion of a building, designed and equipped for the conduct of exercise, in a place with facilities and equipment for people to maintain or improve their physical fitness, operated for profit, and which can be open only to bona fide members and guests of the organization, or open to the public for a fee with limited hours. Any incidental uses serving, related to, or accompanying health and exercise within the building are also permitted and can include offices, gymnasiums, food and drink vendors, salon, message, physical therapy, or similar types of uses related to health, exercise and well-being. There is only one main entrance that serves the entire building and any incidental uses within the building.

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

Automobile service station means a building designed primarily for supplying motor fuel, oil, lubrication, service and accessories to a motor vehicle or any portion thereof. See Garage, public.

Average ground level means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site by measuring the corner of all walls of a building and dividing by the number of measurements taken.

Basement means that portion of a floor in a building which is wholly or one-half or more below the average grade of the ground level adjoining the building; provided, however, that if the height from the average grade level to the first tier of floor beams or joists is five feet or more, such basement shall be considered a story.

Board of adjustment. See section 113-30.

Boardinghouse, roominghouse, lodginghouse, guesthouse or bed and breakfast establishment means a building other than a motel where, for compensation and by prearrangement for definite periods, lodging is provided, with or without the provision of meals, for three or more unrelated persons, but not to exceed 20 persons. Said building may or may not provide separate bath and cooking facilities.

Brewery means a facility that produces for sale: beer; ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

Brewpub means a small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may is limited by the provisions of the Minnesota Statutes.

Building means any structure having a roof which may provide shelter or enclosure or persons, animals, chattel or property of any kind.

Building height means the vertical distance to be measured from the average ground level adjoining a building line to: The cornice of a flat roof; to the deck line of a mansard roof; to a point on the roof directly above the highest wall of a shed roof; to the uppermost point on a round or other arch-type roof; or to the ridge of a gable, hip or gambrel roof.

Building setback means the minimum horizontal distance between the building at its farthest protrusion and a lot line, or the normal highwater mark of a stream or river.

Building setback line means a line parallel to the street right-of-way line at any story level of a building and representing the minimum distance to which all or any part of the building is set back from said property line.

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

Business tower means any tower that is maintained or operated by a commercial business with a combined height of the building and tower equal to 80 feet or less.

Church means a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clear-cutting means the entire removal of a stand of vegetation.

Clustering orcluster housing means a development pattern and technique whereby structures are arranged in closely-related groups to make the most efficient use of the natural amenities of the land.

Commissioner means the commissioner of the department of natural resources of the state.

Common interest community means contiguous or noncontiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay real estate taxes, insurance premiums, maintenance costs, or other costs relating to one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.

Comprehensive plan means a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environs and includes any unit or part or such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use classified herein as a condition which may be appropriate or desirable in a specified zone but which requires special approval because, if not carefully located or designed, it may create special problems such as excessive height or bulk or traffic congestion.

Condominium means a form of individual ownership of an attached dwelling within a multifamily building with joint responsibility for maintenance and repairs of the common property. In a condominium, each apartment or townhouse may be owned outright by its occupant and each owner also owns a share of the land and other common property.

Cooperative means a multiunit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the total enterprise.

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

Deck means a horizontal, unenclosed platform, with or without attached railings, seats, trellises, or other features attached, or functionally related to a dwelling unit and extending more than one foot above the surrounding grade.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operation.

Distillery means a facility that produces ethyl alcohol, hydrated oxide of ethyl alcohol, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.

District means zoning district.

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

Dwelling means a building or portion of a building designed for residential occupancy including attached, detached, and multiple-family units, but not including hotels, motels boarding or lodging houses. The building must be anchored, attached, and supported by a permanent frost-depth foundation system. The building, excluding manufactured homes located in an approved manufactured home park, must maintain a first floor above grade minimum dimension of at least 20 feet over at least 50 percent of the total first floor area of the building. Said required minimum dimension is measured between the outside of the nonintersecting perimeter wall sections of the building along a line perpendicular to the nonintersecting walls. The building must have either a supporting perimeter wall foundation, or if a non-perimeter foundation system is used, the supporting foundation system must be permanently screened from view along the front wall of the building and over 50 percent of the length (depth) of the intersecting side walls, measured from the front wall toward the rear of the building. A perimeter screening wall system of finished masonry construction or a screening wall system of the same exterior material as the exterior finish of the building may be used. The screening must extend from the base of the building to the adjacent finished grade. If the building is not constructed or placed on the site in accordance with the provisions of the adopted state building code, the building must meet code provisions relating to a manufactured home.

Dwelling attached (single-family) means a residential building containing two separate dwelling units divided by a common wall designed so that the dwelling unit is occupied by separate persons or families.

Dwelling, detached (single-family) means a building containing only one dwelling unit that is surrounded by a landscaped area or yard on all sides. Nothing herein shall prevent a manufactured home that meets the criteria described from being considered a detached single-family dwelling.

Dwelling, multifamily or multi-family means a residential building designed for or occupied by three or more separate persons or families, which contains separate sanitary and cooking facilities for each person or family.

Earth-sheltered berm means an earth covering on the above grade portions of building walls.

Earth-sheltered building means a building constructed so that 50 percent or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of liveable space in residential units and of useable space in nonresidential buildings. An earth-sheltered building is a complete structure that does not serve just as a foundation or substructure for above-ground construction. A partially completed building shall not be considered earth-sheltered.

Easement means a grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways, roadways, or utilities, including, but not limited to, sanitary sewers, watermains, electric lines, telephone lines, storm sewer or storm drainageways and gas lines.

Efficiency unit means a dwelling unit with one primary room which serves as a living room, kitchen and bedroom.

Essential services means overhead or underground electrical, gas, steam or water transmission, distribution systems, structures for communication or disposal systems, and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, but not including buildings. The term "exterior storage" includes open storage.

Exterior storage means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. The term "exterior storage" includes open storage.

Extraction area means any nonagricultural artificial excavation of earth exceeding 50 square feet of surface area of two feet in depth, other than activity involved in preparing land for earth sheltered or conventional construction of residential, commercial and industrial buildings, excavated or made by the removal from the natural surface of the earth, sod, soil, sand, gravel, stone or other natural matter, or made by turning or breaking or undermining the surface of the earth, except that public improvement projects shall not be considered extraction areas.

Family means one or more persons related by blood, marriage or adoption or any unrelated person who resides therein as though a member of the family. Five or fewer persons not related by blood, marriage or adoption will be considered a family regardless of the ownership of the unit amongst the five or fewer persons.

Farm means a tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. A farm may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.

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

Floor area means the sum of the gross horizontal area of the several floors of a building or portion thereof devoted to a particular use, including accessory storage areas located within a building or structure, including basement and garage floor space.

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

Garage, private, means an accessory building or accessory portion of a principal building which is intended for and used to store private passenger vehicles of the family resident upon the premises.

Garage, public, means any building or premises, except one used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor vehicles.

Garage, self-storage, means a building which provides an individual storage unit or area which may be accessed only by the individual who is storing materials.

Grade means the average of the finished level at the center of the exterior walls of the building. For an earth-sheltered building, the term "grade" means the average of the finished level at the center of the lot. For a building with earth berms but less than 50 percent earth covering the term "grade" means the average of the finished level at the center of the building at the beginning of the earth berm.

Greenbelt means a planted strip of grass, trees and shrubs established and maintained for the purpose of screening or limiting the view of certain property uses from the general public.

Home antique shop means a retail establishment located in a building that is or was a single-family detached dwelling, and the primary business of which is the display and sale of antique items including, but not limited to, furniture, glassware, toys, and decorative items.

Home occupation means any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit. Such occupations include, but are not limited to, professional offices, minor repair shops, photo or art studios, dressmaking, barbershops, beauty shops, bed and breakfast establishments or uses deemed similar by the planning commission or the city council.

Horticulture means horticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.

Hotel means a building or structure occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms occupied singly for remuneration, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms and with or without a public dining room.

Junkyard means a place maintained for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually, buying or selling, at retail or wholesale, any old, used or secondhand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or other metals, or articles which from its work condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. The term "junkyard" means and includes a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.

Kennel means any structure or premises on which two or more of each species of dogs, cats, etc., over six months of age are kept for sale, breeding, profit, training, etc., and are either owned or permanently or temporarily boarded.

Landscaping means plantings including trees, grass, ground cover and shrubs, and the movement of earth, slopes, mounds, etc.

Large animal and veterinary clinic means any establishment engaged in the practice of veterinary medicine, dentistry, surgery, or care of animals by treating disease, disorder, managing reproductive health and injuries, breeding, and preventive medicine and nutrition in farm animals.

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

Lot means a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map, for the purpose of sale, lease or separate use thereof. A lot need not be a lot of existing record.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines.

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

Lot coverage means the area of a zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Only the above-grade portions of an earth-sheltered building should be included in lot coverage calculations.

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

Lot line means the property line bordering a lot, except that where any portion of a lot extends into the public right-of-way, that right-of-way line shall be the lot line for purposes of this chapter.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street.

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

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

Lot of record means any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey that has been recorded in the office of the county recorder for Fillmore or Olmsted Counties prior to the effective date of the ordinance from which this chapter is derived.

Lot, substandard, means a lot or parcel of land for which a deed has been recorded in the recorder's office of Fillmore or Olmsted Counties upon or prior to the effective date of the ordinance from which this chapter is derived which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight 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. The term "manufactured home" 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 state law.

Manufactured home park means any site, lot, field or tract of land designated by the city maintained, or intended for the placement of two or more occupied manufactured homes. The term "manufactured home park" includes any buildings, structure, vehicle or enclosure intended for use as part of the equipment of such manufactured home park.

Metes and bounds means a method of property description by means of their direction and distance from an easily identifiable point, property line or limit.

Mining means the extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site. The term "mining" does not include the removal of materials associated with construction of a building, provided such removal is an approved item in the building permit.

Modular home means a nonmobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site with a permanent foundation.

Motel (motor court) means a building or group of detached, semidetached or attached buildings containing guestrooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of visiting or passing persons.

Motor home orrecreation vehicle means any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.

MPCA means the Minnesota Pollution Control Agency.

Nursery, landscape, means a business that grows or sells trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.

Nursing home means a building with facilities for the care of children, the aged, or the infirm, or a place of rest for those suffering bodily disorder. A nursing home shall be licensed by the state board of health as provided for by law.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard or change the direction of the water, either in itself or by catching or collecting debris carried by such water.

Open sales lot (exterior storage) means any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for storing the same under the open sky prior to sale.

Open terrace (patio) means a horizontal, unenclosed area with or without railings, seats, trellises, or other features and which is less than one foot above the adjacent grade.

Parking space means a suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of not less than 200 square feet.

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

Planned unit development (PUD) means a residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by the homeowners and usually maintained by a homeowners' association.

Planning commission means the city's planning and zoning commission.

Pole building. See Post-frame type construction.

Porch, unenclosed. See Deck.

Post-frame type construction means a structure with exterior bearing walls constructed of wooden timbers or steel components which may not have a foundation other than that provided directly beneath the structural timbers. Siding material is typically attached to horizontal members attached to the vertical supports.

Principal building, use or structure, means the predominant or main, as distinguished from subordinate or accessory, building, use or structure.

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

Property owner means any person having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest, or an option to purchase any of same, but not including, owners or interests held for security purposes only.

Protective covenant means a contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property. Such covenants shall be considered valid only when they are recorded and filed in the county recorder's office.

Public land means land owned or operated by municipal, school district, county, state or other governmental units.

PUD means planned unit development.

Recreation, commercial, means and includes all uses such as bowling alleys, roller and ice skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreation, public, means and includes all uses such as tennis courts, ballfields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

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

Residential tower means any tower that is maintained or operated on a residential parcel, is for residential use only, and has a combined height of building and tower of 40 feet or less.

Roadside stand means a temporary structure, unenclosed and so designed and constructed that the structure is easily portable and can be readily removed.

Satellite dish antenna means an apparatus specifically designed and capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Selective cutting means the removal of single scattered trees or vegetation.

Setback means the minimum distance between a structure or sanitary facility and a property line.

Sign means any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, public performance, article, machine or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. The term "sign" includes a flag, but not an emblem or insignia of a government, school or religious group when displayed for official purposes.

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

Sign, business, means a sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located.

Sign, flashing, means any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

Sign, flat wall, means a sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.

Sign, name plate, means any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

Sign, projecting, means a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

Sign, pylon, means a freestanding sign erected upon a single pylon or post which is in excess of ten feet in height with a sign mounted on top thereof.

Sign, rotating, means a sign which revolves or rotates on its axis by mechanical means.

Sign, surface area of, means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. The term "surface area of sign" does not include any structural elements outside of the limits of such sign and not forming an integral part of the display.

Single-family detached dwelling means a building containing only one dwelling unit surrounded by landscaped area or yard on all sides. The building must be anchored, attached, and supported by a permanent frost-depth foundation system. The building on the first floor above grade must have a minimum dimension of at least 20 feet over at least 50 percent of the total first floor area of the building. Said required minimum dimension is measured between the outside of the nonintersecting perimeter wall sections of the building along a line perpendicular to the nonintersecting walls. The building must have either a supporting perimeter wall foundation, or if a nonperimeter foundation system is used, the supporting foundation system must be permanently screened from view along the front wall of the building and over at least 50 percent of the length (depth) of the intersecting side walls, measured from the front wall toward the rear of the dwelling. A perimeter screening wall system of finished masonry construction or a screening wall system of the same exterior material as the exterior finish of the dwelling may be used. The screening must extend from the base of the building to the adjacent finished grade. If the building is not constructed or placed on the site in accordance with the adopted state building code, the building must meet the provisions of law as a manufactured home. Nothing herein shall prevent a manufactured home that meets the criteria in this definition from being considered a single-family detached dwelling.

Solar access space means that airspace above all lots within the district necessary to prevent any improvement, vegetation or tree located on said lots from casting a shadow upon any solar device located within said zone greater than the shadow cast by a hypothetical vertical wall ten feet high located along the property lines of said lots, between the hours of 9:30 a.m. and 3:30 p.m., central standard time on December 21; provided, however, this shall not apply to any improvement or tree which casts a shadow upon a solar device at the time of the installation of said device or to vegetation existing at the time of installation of said solar device.

Solar collector means a device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.

Solar energy system means 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. To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar year after completion of construction. The term "solar energy system" includes passive solar energy systems, but not to the extent that they fulfill other functions such as structural and recreational.

Solar skyspace means the space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.

Solar skyspace easement means a right, expressed as an easement, covenant, condition or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed or designated solar energy collector at a described location by forbidding or limited activities or land uses that interfere with access to solar energy. The solar skyspace must be described as the three-dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.

Solar structure means a structure designed to utilize solar energy as an alternate for or supplement to conventional mechanical heating system.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct:

a.

Anilingus;

b.

Buggery;

c.

Coprophagy;

d.

Coprophilia;

e.

Cunnilingus;

f.

Fellatio;

g.

Necrophilia;

h.

Pederasty;

i.

Pedophilia;

j.

Piquerism;

k.

Sapphism; or

l.

Zooerasty;

(2)

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;

(4)

Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;

(5)

Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint or any such persons;

(6)

Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

Stable, private, means an accessory building in which horses are kept for private use and not for hire, remuneration or sale.

Stable, public, means a principal building and/or use in which horses are kept for remuneration, hire or sale.

Storage structure means anything constructed on a temporary, movable or permanent foundation that will be used for the storage of goods, materials, equipment, manufactured products, and similar items and being more than 120 square feet in area. Examples of storage structures are:

(1)

Detached garages;

(2)

Utility sheds;

(3)

Wood sheds;

(4)

Semitrailers used for storage; and

(5)

Pole buildings.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above, including below-ground portions of earth-sheltered buildings.

Story, half, means an uppermost story lying under a sloping roof, whereby the usable floor area of which does not exceed 75 percent of the floor area of the story immediately below it, and not used, or designed, arranged or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling. A half story containing independent apartments or living quarters shall be deemed a full story.

Street means a public right-of-way which affords primary means of access to abutting property and open to public travel and shall also include any:

(1)

Avenue;

(2)

Highway;

(3)

Road;

(4)

Way;

(5)

Boulevard;

(6)

Circle; or

(7)

Similar designation.

Street, collector, means a street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.

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

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

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

Street width means the width of the right-of-way, which is generally wider than the street pavement, measured at right angles to the centerline of the street.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in any exterior walls.

Structure means anything constructed, the uses of which require more or less permanent location on the ground or are attached to something having a permanent location on the ground.

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

Taproom means an area for the on-sale consumption of malt liquor produced by the brewer for consumption n the premises of or adjacent to one brewery location owned by the brewer. A taproom may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off-premise consumption, packaged in a manner that is permitted by the provisions of Minnesota Statutes.

Tasting room means an area for the on-sale consumption of distilled spirits or wine produced on the premises of, or adjacent to a winery or distillery and in common ownership to the producer of the wine or distilled spirits. The tasting room may include sales for off premises consumption of products produced by the owner of the winery or distillery located if permitted by the provisions of State law.

Telecommunication tower means any tower that is maintained or operated by a commercial business that exceeds 80 feet in height.

Tower means any type of pole, pipe, or other structure that supports a device or antenna designed to send or receive an electronic signal. A utility pole may not be used as a tower.

Townhouse means a single-family attached building containing two or more dwelling units attached by at least one common wall with each dwelling so oriented that all exits open to the outside.

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

Use, accessory. See Accessory use.

Use, conditional. See Conditional use.

Use, nonconforming, means a use of land, buildings, or structures legally existing at the time of adoption of the ordinance from which this chapter is derived which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

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

Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be either permitted or conditional. See also Principal building use or structure.

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

Wetland means land which is annually subject to periodic or continual inundation by water and commonly referred to as bog, swamp or marsh, or as defined by state or federal law.

Wind energy conversion system (WEC) means a system, including all components, for using wind power to generate electricity.

Yard means a required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building is measured from the exterior surface of the building regardless of whether it is above or below grade.

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

Yard, rear, means the portion of the yard on the same lot with the principal building located between the rear lot line and a line at a distance specified by this chapter and extending for the full width of the lot.

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

Zoning administrator means the city clerk. See also section 113-31.

Zoning district means an area within the city limits for which the regulations and requirements governing use are uniform as defined by this chapter.

Zoning map means the map bearing the designation "official zoning map for the city," together with all proper notations, references and other information shown thereon.

(Code 1999, § 16.3.2; Ord. No. 385, § 1, 2008; Ord. No. 392, §§ 1, 2, 4-12-2010; Ord. No. 416, § 1, 2-23-2015; Ord. No. 434, § 1, 9-24-2018; Ord. No. 444, §§ 1—5, 10-14-2019; Ord. No. 459, §§ 1, 2, 3-28-2022)

This chapter is adopted for the purpose of:

(1)

Guiding the implementation of the goals and policies of the city comprehensive plan by regulating land uses;

(2)

Protecting the public health, safety, comfort, convenience and general welfare;

(3)

Promoting orderly development of the residential, commercial, industrial, recreational and public areas;

(4)

Conserving and protecting the natural resources in the city;

(5)

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

(6)

Minimizing environmental pollution; and

(7)

Conserving energy such as through the encouragement of environmentally friendly development in commercial, industrial and residential areas.

(Code 1999, § 16.2)

(a)

Complaints. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the zoning administrator. Such administrator shall record properly such complaint and immediately investigate and take action thereon as provided by this chapter.

(b)

Noncompliance. Any building or structure being erected, constructed, reconstructed, altered, repaired, converted or maintained, or any land use made or permitted in violation of this chapter or any other city zoning ordinances or any other official control adopted under law is hereby declared unlawful.

(c)

Notice. Notice and public hearing of violations and termination proceedings of all nonconforming, incompatible, accessory, or conditional uses or home occupation uses shall be given by the city council to the interested party by certified mail, or in lieu thereof, by one legal published notice at least ten days before the hearing date. Notice shall be given by the city council within a reasonable time.

(Code 1999, §§ 16.8.1, 16.8.2, 16.8.4)

(a)

This chapter shall be applicable to all lands, structures and waters within the corporate city limits.

(b)

In their interpretation and application, the provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety and welfare. Further and additional requirements may be ordered by the city as part, for example, of granting conditional use permits.

(c)

No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building, and no lot shall be used for more than one principal building.

(d)

Each new occupied building shall be required to connect to the city sewage disposal system where such system is available.

(e)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, and spires are hereby exempt from the height regulations of this chapter and may be erected in accordance with other regulations or provisions of this Code. Communications or broadcasting towers, masts or aerials, and necessary mechanical appurtenances thereto may be allowed as conditional uses in rural residential (RR) districts.

(f)

Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose or in any manner which is not in conformity with this chapter. Temporary buildings that are used in conjunction with construction work, including trailers and manufactured homes used as offices and for tool storage, may be permitted in any district during the period that construction is taking place, but such temporary buildings shall be removed within 30 days after completion of construction work.

(Code 1999, § 16.4.1)