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:

Abutting means making direct contact with or immediately bordering.

Accessory building, structure, or use means a subordinate building, structure, or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, appropriate and incidental to the conduct of the primary use of such building or main use.

Addition means a physical enlargement of an existing structure.

Adjacent means in close proximity to or neighboring, not necessarily abutting.

Advertising sign means any permanent nongovernmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located.

Agricultural building means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, or sub-lessee or their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products grown or raised on the premises. The term "agricultural building" shall not include dwellings.

Agriculture means animal feedlots, which are of a size allowed by this chapter, and the production for sale of agricultural products as defined in Minn. Stats. § 273.13, subd. 23(e).

Alley means any public space or thoroughfare which has been dedicated or deeded to the public for public use and designed to provide secondary property access.

Amusement center means a business at one location devoted primarily to the operation of amusement machines and open for public use and participation; or locations with seven or more amusements machines and open for public use and participation.

Amusement park means the permanent use of land for the purpose of providing a variety of amusement facilities to the public for compensation either in the form of admission fees and/or fees for use of separate amusement facilities.

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

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

Area identification sign means a freestanding sign identifying the name of a single-family residential subdivision consisting of 20 or more lots; a residential planned unit development; a multiple-residence complex consisting of three or more structures; an office or business structure or development containing three or more independent operations; a single business consisting of three or more separate structures; a manufactured home park; or any integrated combination of the above.

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; and overall painting of vehicles.

Automobile repair, minor, means incidental repairs, replacement of parts, including tires, batteries, etc., lubrication and motor service to automobiles, but not including any operation specified under the term "automobile repair, major".

Automobile wash (carwash) means a building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some manual labor.

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

Basement means any floor level below the first story in a building, except that a floor level in a building having only one floor shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Bay means cantilevered area of a room.

Bed and breakfast establishment means a single-family dwelling in which four or fewer transient guestrooms are rented on a nightly basis for periods of less than one week and where at least one meal is offered in connection with the provision of sleeping accommodations only.

Billboard means an off-site sign used to advertise products, goods, or services not exclusively related to the premise on which the sign is located; an advertising sign.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics:

(1)

Part or all of the feature is located in a shoreland area.

(2)

The slope rises at least 25 feet above the ordinary high water level of the water body.

(3)

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

(4)

The slope must drain toward the water body.

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

Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.

Bluff, toe of, means the lower point of a 50-foot segment with an average slope exceeding 18 percent.

Bluff, top of, means the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Boathouse means a structure designed and used solely for the storage of boats or boating equipment.

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

Buildable area means the space remaining on a lot after the minimum setback and open space requirements of this chapter have been met.

Building means any structure having a roof and built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building facade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

Building height means the vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Building-integrated solar energy system means a solar energy system that is an integral part of the structure that it serves, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the structure. Building-integrated systems are contained within roofing materials, windows, skylights and awnings.

Building line means a line parallel to the street right-of-way, street easements, or ordinary high water level at any story level of an existing building and representing the minimum distance which all or any part of the existing building is set back from said right-of-way, easement or ordinary high water level. In the case of street easements, the building line shall be the required front yard plus one-half the easement width measured from the centerline.

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

Business sign means any sign which identifies a specific business, either retail, wholesale, or industrial, or which identifies a profession and is located upon the subject property.

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

Cellar means a space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6.5 feet.

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

Cemetery, pet, means a site set apart for the burial of pets.

Channel means a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.

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

Clearcutting means the removal of an entire stand of trees and/or vegetation.

Clinic, small animal, means a facility in which small, domesticated, household animals are treated for injury or disease.

Club, private, means a place of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group.

Club, public, means place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is nonprofit.

Club, sports and fitness, means a place of assembly and activity where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness.

Commercial equipment means any equipment, including trailers, used for the alteration, demolition, construction, maintenance, or excavation of a building, structure or property.

Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services.

Common open space means any privately owned open space including private parks, nature areas, playgrounds, and trials, including accessory recreational buildings and structures which are an integral part of a development.

Community center means a building or room or group of rooms within a building designed specifically as a gathering place for the general public or for a specific segment of the general public and operated on a nonprofit basis.

Comprehensive plan means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, including air space and subsurface areas necessary for mined underground space development as pursuant to state statutes, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.

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

Conditional use permit means a permit issued by the city council in accordance with procedures specified in this chapter, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

Condominium means a multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Act (Minn. Stats. ch. 515).

Contractor operation means an area and/or building devoted to use by a person who contracts to supply certain materials or to do certain work in the field of building trades.

Cooperative (housing) means a multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minn. Stats ch. 515B. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupancy ownership.

Day care facility, state-licensed, means any facility licensed by the state department of human services or department of health, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, daytime activity centers, day treatment programs and day services, nursery and preschools and Montessori schools, as defined by Minn. Stats. § 245A.02, subd. 10.

Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

Delicatessen means a shop where ready-to-serve cold food, such as cooked meats, smoked fish, salads, relishes, etc., which is prepared in advance and is sold typically for consumption off the premises.

Deposition means any rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplains, or wetlands.

Directional sign means a sign erected with the address and/or name only of a business, development project, institution, church or other use or activity plus directional arrows or information on location.

Display, outside, means a class of storage outside the principal building where merchandise is visible and may involve active sales as well as passive sales (where items can be taken inside for actual purchase). Outside display of merchandise may be temporary or permanent depending upon the conditions of the permit issued pursuant to this chapter.

Distribution center means a use greater than 50,000 square feet in area in which typically large volumes of commodities are received and organized for transport prior to final dispersal to the consumer. For the purpose of this definition a use shall be considered to be that area utilized for the distribution-related activities, not including office, laboratory or production space, of an individual occupant, owner or tenant of one or more structures or a portion thereof located on a single lot.

Diversion means a channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

Domestic animals means, for purposes of this chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the city. In addition, it includes birds and rabbits normally sheltered outside the home.

Draining means the removal of surface water or groundwater from land.

Dredging means to enlarge or clean out a water body, watercourse, or wetland.

Drive-through facility means a principal or accessory use that by design, physical facilities, or service or by packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles, excluding gasoline service stations as defined in this section.

Dwelling means a building or portion thereof, designated exclusively for residential occupancy, but not including hotels, motels, bed and breakfasts, nursing homes, boardinghouses or roominghouses, tents, seasonal cabins, or motor homes or travel trailers.

Dwelling, apartment, means a building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.

Dwelling, attached, means a building where a dwelling unit is joined in a horizontal fashion to one or more dwelling units by a party wall.

Dwelling, detached, means a dwelling unit entirely surrounded by open space.

Dwelling, efficiency apartment, means a one-room dwelling unit consisting of one principal room having cooking facilities and used for combined living, dining and sleeping purposes.

Dwelling, elderly (senior citizen), means a multiple-family dwelling designed for and occupied primarily by persons over 55 years of age, and which may include on-site recreational, social or health care services for the benefit of the residents.

Dwelling, multiple-family, means three or more dwelling units grouped into one building.

Dwelling, single-family, means a building designed for and occupied exclusively by one family.

Dwelling, two-family, means a building designed for occupancy by two families in separate dwelling units.

Dwelling unit means a residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boardinghouses or roominghouses, motor homes, or travel trailers.

Earth berm (house construction) means an earth covering on the abovegrade portions of the building walls.

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

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

Engineer means an electrical, mechanical, civil, or other professional engineer licensed by the state.

Entertainment, live, means a show or presentation involving an actual in-person appearance or performance, rather than one which has been filmed or recorded.

Erosion means the wearing away of land surface by the action of natural elements.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Essential service structures means structures and buildings necessary for the operation of essential services, including but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, lift stations. The term "essential service structures" shall not include transmission/reception antennas.

Essential services means the erection, construction, alteration or maintenance by private or public utilities or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, waste, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Essential services shall not include waste facilities nor shall transmission/reception antennas be considered an accessory to an essential service.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minn. Stats. §§ 93.44—93.51.

Family means an individual or two or more persons related by blood, marriage, adoption, domestic partnership, or foster care, or a group of not more than three persons not so related living together in a dwelling unit and sharing common cooking facilities.

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

Farm animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state.

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

Farmstead means a dwelling unit surrounded by or connected to a farming operation, all under single ownership.

Fence shall mean a partition, wall, hedge, or rows of continuous plantings erected as a dividing marker, visual, or physical barrier, or enclosure.

Fence, boundary line, means all fences located within two feet of a property line.

Fence, commercial, means a fence on a lot zoned for commercial or industrial use. Commercial fences shall normally not exceed six feet in height; however, a conditional use permit may be issued for a commercial/industrial fence providing it does not exceed eight feet in height and meets state building code requirements.

Fence, fabricated material, means a fence constructed of wood, rust-resistant chain link steel, prefabricated and rust resistant aluminum, prefabricated vinyl, landscape masonry units, landscape brick units, stone, or decorative concrete. If wooden material is used it shall be made of milled lumber and shall not contain creosote. Wooden pallets are allowed for use only if they are made of milled lumber and are not stamped with the factory marking of:

For the purposes of this definition, trellises, arbors, pagodas and the like shall not be considered a fence.

Fence height means the distance from the adjacent finished grade to the highest projection of a fence structure, not including support posts, provided that the support posts are no more than four inches above the fence structure.

Fence, interior yard, means all fences set back more than two feet from a property line.

Fence, natural living, means a divider or barrier comprised of living vegetative materials. The owner of the adjacent property may trim or prune parts of the living fence that extend onto their property.

Fence, nonconforming, means an existing fence which does not conform to the regulations of this chapter.

Fence, ornamental, means an architecturally attractive fence with a maximum height of six feet that is not reasonably intended to provide screening, privacy, or security but instead is intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line; or frame a driveway, walkway, garden entrance, or planting bed. Ornamental fences are often of the split-rail, wood picket, lattice work, trellis, or garden metal type. A chainlink fence is not considered an ornamental fence.

Fence, residential, means a fence on a residential lot which shall not exceed six feet in height.

Fence, solid wall, means any artificially constructed barrier erected to enclose or screen areas of land which does not reasonably allow any item situated inside the barrier to be seen from the outside. Solid wall fences may be constructed of natural stone, masonry, brick, or prefabricated wood or vinyl.

Filling (floodplain-, shoreland-, wetland-related) means the act of depositing any rock, soil, gravel, sand or other material so as to fill a water body, watercourse, or wetland. (See alsoLandfill andLand reclamation.)

Flashing sign means an illuminated sign upon which the artificial light is not kept consistent in terms of intensity or color when the sign is illuminated.

Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

Flood frequency means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the city.

Floodplain means the areas adjoining a watercourse which has been or hereafter may be covered by the ten-year flood as determined by the use of the 100-year flood profile.

Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area in accordance with the state building code.

Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production of processing of goods, or to business or professional offices. However, the floor area shall not include basement or cellar floor areas other than areas devoted to retailing activities, the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the cellar area.

Food shelves (or food pantries as they are sometimes known) serve a community's hunger-relief needs directly, with volunteers and staff distributing food to clients on-site. This distribution is handled differently depending on the food shelf.

Freestanding sign means a self-supported sign not affixed to another structure.

Freeway corridor means property which is zoned commercial or industrial and which parallels the north side of Interstate 94 at a width of 75 feet or which is located within 300 radial feet of the intersection of the Interstate 94 on/off ramps and Minnesota Trunk Highway 24.

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

Garage, private (residential), means an accessory building or accessory portion of the principal building which is primarily intended for and used to store the private passenger vehicles and trucks, not exceeding 12,000 pounds gross weight, of the family resident upon the premises, and in which no business, service or industry is carried on.

Garage, public, means a building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire.

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

Garden center means a place of business where retail and wholesale products and produce are sold to the retail customer. These centers, which may include a nursery and/or greenhouses, import the majority of the items sold. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hose, rakes, shovels, and other garden and farm tools and utensils.

Gazebo means a freestanding accessory structure or pavilion. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features.

General plan means a map (drawn to scale) and supportive text depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, etc., as related to a proposed development.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grading means changing the natural or existing topography of land.

Greenhouse means an enclosed building, permanent or portable, which is used for the growing of small plants.

Grocery, convenience market, means a retail establishment having a gross floor area of less than 7,500 square feet which offers for sale prepackaged food products, household items and other goods associated with the same. Convenience markets are intended to draw customers from surrounding neighborhoods and not the entire community.

Grocery, supermarket, means a retail establishment having a gross floor area greater than 7,500 square feet and less than 55,000 square feet which offers for sale food products, household items and other goods associated with the same. In many cases, supermarkets include pharmacies, delicatessens and snack bars. Supermarkets are intended to draw customers on a community, but not regional scale.

Grocery, superstore, means a retail establishment having a gross floor area greater than 55,000 square feet which offers for sale food products, household items and other goods associated with the same. In many cases, food superstores offer bulk purchasing opportunities and include pharmacies, delicatessens, and snack bars. Food superstores are intended to draw customers on a regional scale.

Ground-mounted solar energy system means a freestanding solar energy system mounted to the ground, including by the use of stabilizers or similar apparatuses.

Guestroom means a room used, or intended to be used, by a guest for sleeping purposes.

Home occupation means any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.

Home office means a home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and which does not involve the on-site sale of products or client/patron site visitations.

Hotel (including hotel suites) means any building or portion thereof occupied as the more-or-less temporary abiding place of individuals and containing three or more guestrooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by three or more individuals for compensation, whether the compensation is paid directly or indirectly.

House pet animal enclosure means any accessory building or portion thereof, accessory structure or area of any kind, including, without limitation, pens, runs, kennels and pet houses, that is principally used or designed for use as a place for keeping house pets. An electronic pet containment system is not considered a house pet enclosure.

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

Hydrophytic vegetation means 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.

Illuminated sign means a sign illuminated by an artificial light source either directed upon it or illuminated from an interior source.

Impervious surface means an artificial or natural surface that is highly resistant to infiltration by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

Informational sign means any on-site sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification.

Institutional sign means a sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located.

Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row or block.

Interim use means a temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulations.

Interim use permit means a permit issued by the city council in accordance with procedures specified in this chapter.

Land reclamation means the process of the re-establishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land, subject to applicable licensing provisions of this Code.

Land surveyor means such person licensed by the state as a land surveyor.

Landfill means a type of operation in which earth is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

Landscaping means plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

Loading space (off-street) means a formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.

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

Lot area means the total land area of a horizontal plane within the lot lines.

Lot, base, means lots meeting all specifications in the zoning district prior to being subdivided into a two-family dwelling, townhouse, or manor home subdivision.

Lot, corner, means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot coverage means the area of a lot occupied by the principal building and all accessory buildings, but not including uncovered porches, decks, ground level landings, landscape structures or recreational facilities.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.

Lot, frontage, means the narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meets minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.

Lot improvement means any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

Lot, interior, means a lot, other than a corner lot, including through or double-frontage lots.

Lot line means a line of record bounding a lot which divides one lot from another lot or from a street or alley right-of-way.

Lot line, front, means the lot line separating a lot from the street right-of-way along the lot frontage.

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

Lot (of record) means a parcel of land, whether subdivided and/or otherwise legally described and recorded prior to July 1, 2000, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.

Lot, substandard, means a lot or parcel of land which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

Lot, through, means a lot fronting on two parallel, as contrasted to intersecting, streets.

Lot, unit, means lots created from the subdivision of a base lot for two-family dwellings, townhouses, or manor home dwellings having different minimum lot size requirements than the conventional base lots within the zoning district.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the minimum building setback line. If no setback line is established, the distance between the side lot lines measured along the public right-of-way.

Manor home means a residential structure with three to eight units with each unit having a separate entrance/exit. There may be more than one floor and an attached garage space.

Manufactured home (mobile 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 permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily filed a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under this chapter. In floodway and flood fringe overlay districts, the term "manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Furthermore, in floodway and flood fringe overlay districts for floodplain management purposes, the term "manufactured home" also includes parked trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

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

Marquee means a permanent canopy and roof structure which is attached to and supported by a primary building; which is constructed of durable material compatible with the primary structure; and which projects over the entrance to the building.

Massage therapy (therapeutic) means the process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well-being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement, and applying touch and pressure to the body. Adjunctive therapies may include:

(1)

Application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs;

(2)

The use of mechanical devices and tools which mimic or enhance manual actions; and

(3)

Instructed self-care and stress management.

The term "massage therapy" shall not include techniques traditionally practiced by chiropractors.

Metes and bounds description means a description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

Minerals means soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.

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

Model home means a home which is similar to others in a development and which is temporarily open to public inspection for the purpose of selling.

Monument sign means a freestanding sign supported by the ground and which is eight feet or less in height.

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

Motor fuel station means any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels, oils or lubricants. When the use is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

Natural hedge or planting means a divider or barrier comprised of vegetation materials.

Nonconforming structure, use, or lot, illegal, means a lot, building, structure, premises, or use illegally established when it was initiated, created, or constructed, which did not conform to the applicable conditions or provisions of this chapter for the district in which the structure or use is located.

Nonconforming structure, use, or lot, legal, means a lot, building, structure, premises, or use lawfully established when it was initiated, created, or constructed, which does not now conform to the applicable conditions or provisions of this chapter for the district in which the structure or use is located.

Noxious matter of material means material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals.

Nudity orstate of nudity. The term "nudity" or "state of nudity" means:

(1)

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

(2)

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

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

Nursing home means a state-licensed facility or that part of a facility which provides nursing care pursuant to Minn. Stats. ch. 144A.

Obstruction means any dam, well, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Occupancy means the purpose for which a building is used or designed. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Offices, professional or commercial, means a building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

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

Open space, private, means any open space owned by a person.

Open space, public, means any open space publicly owned.

Ordinary high water level means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool.

Outlot means a parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or, a parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities or other similar purposes.

Owner means an individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling units or other property.

Parcel means an individual lot or tract of land.

Park, private, means a tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc., for active and/or passive recreational purposes.

Park, public, means a tract of land publicly owned and used by the public for active and/or passive recreational purposes.

Parking garage means a structure, building or portion thereof designed and utilized for the temporary storage of motor vehicles.

Parking lot, surface, means an at-grade, uncovered area, utilized for the temporary storage of motor vehicles.

Parking space, off-street, means an area of such shape and dimensions as provided by this chapter, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

Patio means a level, surfaced area directly adjacent to a principal building at or within three feet of the finished grade, without a permanent roof, which is intended for outdoor lounging, dining and the like.

Performance standard means criterion established for, but not limited to, setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage, off-street parking, and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in use of land or buildings.

Permitted use means a use which may be lawfully established in a particular district provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

Personal wireless service means a device consisting of metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.

Planned unit development means a zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this chapter, and/or whereby internal site design standard deviations from this chapter may be allowed to improve site design and operation.

Planning commission means the Clearwater Planning Commission.

Plat means a drawing or map of a subdivision, meeting all the requirements of the city and in such form as required by the county for purposes of recording.

Play and recreational facilities means facilities customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities include swing sets, play sculptures, sand boxes, picnic tables, basketball standards, tennis courts, swimming pools, barbecue grills, patios and accessory furniture, and the like.

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

Principal building means the primary building on a lot.

Principal use means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be permitted, interim, or conditional.

Protective covenants means contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.

Public uses means uses owned or operated by municipal, school districts, county, state, or other governmental units.

Public utility means any person, firm, corporation, municipal department or board fully authorized and furnishing under municipal regulation to the public electricity, gas, steam, communication services, cable television, telegraph services, transportation, water or the like.

Public utility microwave means a parabolic dish or cornucopia-shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point-to-point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

Public waters means:

(1)

Water basins assigned a shoreland management classification by the commissioner of the department of natural resources (DNR) under Minn. Stats. §§ 103F.201—103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes.

(2)

Waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction.

(3)

Meandered lakes, excluding lakes that have been legally drained.

(4)

Water basins previously designated by the commissioner of the DNR for management for a specific purpose such as trout lakes and game lakes pursuant to applicable bylaws.

(5)

Water basins designated as scientific and natural areas.

(6)

Water basins located within and totally surrounded by publicly owned lands.

(7)

Water basins where the state or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership.

(8)

Water basins where there is a publicly owned and controlled access that is intended to provide for public access to the water basin.

(9)

Natural and altered watercourses with a total drainage area greater than two square miles.

(10)

Natural and altered watercourses designated by the commissioner of the DNR as trout streams.

(11)

Public waters wetlands, unless the statute expressly states otherwise.

Publication means notice placed in the official city newspaper stating time, location and date of meeting and description of the topic.

Pylon sign means a freestanding sign supported by one or two posts and is greater than ten feet in height.

Radio and television, broadcast transmitting, means a wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof.

Radio and television, receiving, means a wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recreation, commercial, means a business directed toward the general public that offers recreational entertainment such as amusement centers, bowling alleys, billiard halls, miniature golf, movie theaters, ballrooms, roller rinks, fitness centers and the like.

Recreational camping vehicle (travel trailer/motor home) means any vehicle or structure which meets all of the following qualifications:

(1)

Any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses.

(2)

Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.

(3)

Any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.

(4)

Any folding structure, mounted on wheels and designed for travel, recreation, and vacation use.

Recreational equipment means nonvehicular materials used primarily for recreation and leisure time activities and purposes, including but not limited to ice-fishing houses and sports equipment.

Recreational field, structure or building, means an area of land, water, or any building where amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, or gymnasium is a recreation field or building for the purpose of this chapter.

Recreational vehicle means a self-propelled vehicle which is used primarily for recreation and leisure time activities and purposes, including but not limited to classic cars, cars used for racing, bicycles, motorboats, sailboats and recreational camping vehicles.

Recyclable materials means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse-derived material or other material that is destroyed by incineration is not a recyclable material.

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood" used in the Flood Insurance Study.

Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and surrounding technical data in the Flood Insurance Study plus any increase in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed

Religious institution means a building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

Residential facility, state-licensed, means any program, defined by Minn. Stats. § 245A.02, subd. 14, that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner of the department of human services to provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner of the department of human services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under Minn. Stats. ch. 254B. Residential programs include home-based and community-based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home.

Residential shelter means a facility providing shortterm housing, food, and protection for individuals, not including state-licensed residential care facilities, community correctional facilities, day care facilities, hotels, motels, or nursing homes.

Restaurant, convenience (fast) food, means an establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.

Restaurant, delivery or takeout, means an establishment which by design of physical facilities, service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods to either be picked up or delivered for off-premises consumption.

Restaurant, drive-in (not drive-through type), means any place or premises used for sale, dispensing or serving of food, refreshments or beverages on the premises, typically eaten in the customer's vehicle on the site.

Restaurant (not drive-in, convenience or drive-through type) means an establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.

Restaurant, special event and catering, means an establishment having a minimum seating capacity of 150 providing food and beverage service, which may include accessory on-sale liquor and live entertainment, where meals are regularly prepared on the premises and served at tables for special events sponsored by persons or entities who are members of the general public, but which is not open for business on a daily basis, and which may provide catering services for special events for consumption off the premises.

Retaining wall means a structure constructed and erected between lands of different elevations to protect structures, and/or to prevent erosion. A retaining wall may be comprised of a manufactured product, masonry, natural stone, or timber but not creosote treated lumber.

Right-of-way means land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trial, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.

Roof sign means a sign erected, constructed or attached wholly or in part upon or over the roof of a building.

Roofline means that line at which an exterior wall surface of a building departs from the vertical plane and, typically, where the horizontal plane of the roof commences. Mansard-like roof treatments may be considered as extensions of a building wall surface when the mansard-like treatment is considered as part of the roof.

Roof-mounted solar energy system means a solar energy system that is mounted to the roof or other part of a structure, including by the use of brackets, stands or other apparatuses.

Rotating sign means a sign which revolves or rotates on its axis by mechanical means.

Rubbish means waste products which are composed wholly or partly of such materials as garbage, sweepings, swill, cleanings, trash, refuse, or litter; industrial solid wastes or domestic solid wastes; organic wastes or residue of animals, fruit, or other vegetable or animal matter from a kitchen, dining room, market, food establishment or any place dealing or handling meat, fowl, fruit, grain or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood, metal, roofing materials, pipe or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, used containers, boxes and packing materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles, auto parts, cement brick, leaves, burn barrels, household appliances, furniture, toys, floor coverings, fabric, drain oil, solvents and fluids; or other such substances which may become a nuisance.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses and including the support structure thereof. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television receive only) and satellite microwave antennas.

School means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state and not providing residential accommodations.

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

School, public, means any building or group of buildings, the use of which meets compulsory education laws of the state for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.

Secondary use means a use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Semi-public use means uses owned by private or private nonprofit organizations which are open to some, but not all, of the public.

Setback means the minimum horizontal distance between a structure and the property line nearest thereto; within shoreland districts it shall also mean the minimum horizontal distance between a structure or a sewage treatment system and the ordinary high water level. For purposes of earth-shelter buildings only, above-grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.

Sewage treatment systems, private, means on-site means for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other system allowed by state and city regulations; used where authorized by the city when access to the municipal sewer system is not required or feasible.

Sewer system means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Sewer system, sanitary, means the public utility operated by the city to conduct sanitary wastes to the city facility for treatment and disposal.

Sexually oriented uses means uses which include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body-painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. Activities classified as "obscene" as defined by Minn. Stats. § 617.241 are not included.

Sexually oriented uses, accessory, means the offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

Sexually oriented uses, principal, means the offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

Establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

Sexually oriented arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, 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 the depicting or describing of specified sexual activities or specified anatomical areas.

Sexually oriented bookstore, sexually oriented video store, or sexually oriented store means a commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Sexually oriented cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually oriented conversation/rap parlor means a conversation/rap parlor 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.

Sexually oriented massage parlor means a massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Sexually oriented motel means a hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexually activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

Sexually oriented motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually oriented sauna means a sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, 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.

Sexually oriented theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

Shoreland means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage, and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shoreland may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner of the department of natural resources.

Shortwave radio, transmitting and receiving, means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof.

Sign means the use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and which are visible to the general public.

Sign, name plate, means a sign located on the premises, giving the name or address or both of the owner or occupant of a building or premises.

Sign, nonconforming, means any sign which existed prior to the adoption of this chapter and does not conform to the requirements herein.

Sign, surface area, means the entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double face or V-type sign structure shall be used in computing total surface area.

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

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

Slope means the degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees.

Slope, steep, means land where agricultural activity or development is either not recommended or is described as poorly suited due to slope steepness and the site's soil characteristics as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Solar energy farm means a commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of wholesale sales of generated electricity.

Specified anatomical area means human genitals in a state of sexual arousal.

Specified sexual activities includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1)—(3) of this definition.

Storage, outside (exterior) means exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers and the like. Outside storage may be enclosed by a structure that includes a roof but no side walls, in which case the structure shall be deemed outside storage; or outside storage may involve fencing or screening without a roof in which case fencing or screening shall be deemed outside storage. Parking lots do not qualify for outside storage. Outside storage does not involve any product representation or signage except for those emergency or safety-related signs specifically approved by the city. Vending machines accessory to allowable uses do not constitute outside storage. The parking or storage of vehicles, equipment, and merchandise for a period of less than 96 hours does not constitute outside storage.

Story means that portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter, or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar, or unused underfloor space shall be considered as a story.

Story, first, means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

Street means a public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.

Street, arterial, minor, means streets defined as such and mapped accordingly within the city's duly adopted comprehensive plan.

Street, arterial, principal, means streets defined as such and mapped accordingly within the city's duly adopted comprehensive plan.

Street, collector, means streets defined as such and mapped accordingly within the city's duly adopted comprehensive plan.

Street, local, means streets defined as such and mapped accordingly within the city's duly adopted comprehensive plan.

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Structural alteration means any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Structural coverage includes the principal building and any attachments thereto which contain a roof. Accessory buildings and structures which contain a roof and are in excess of 120 square feet in dimension shall also be included.

Structure means anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include, but are not limited to, buildings, gazebos, decks, retaining walls, walls, fences over six feet in height, and swimming pools, but excluding patios and similar at-grade improvements.

Structure, public, means an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned, or rented and operated by a federal, state, or local government agency.

Subdivision means as provided in Minn. Stats. § 462.352, subd. 12.

Support structure means any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

Swimming pool means any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, portable and nonportable spas, and fixed-in-place wading pools.

Swinging sign means any sign designed to be swayed, rocked, or so moved by wind, other natural phenomenon, or mechanical means.

Temporary mobile means any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as a Cellular on Wheels (COW).

Temporary sign means a sign erected or displayed for a specified period of time.

Toe of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a 50foot segment, measured on the ground, with an average slope exceeding 18 percent.

Top of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent.

Tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term "tower" shall not include amateur radio operator's equipment, as licensed by the FCC.

Traffic sign means a sign which is erected by a governmental unit for the purpose of directing or guiding traffic.

Transient merchant means any person, individual, co-partnership, incorporation, both as principal and agent, who is engaged in, does, or transacts any temporary and transient business selling goods, wares, and merchandise; and, who for the purpose of carrying on such business, has complied with the licensing requirements of this Code, and hires, leases, occupies, or uses a building, structure, vacant lot, motor vehicles, trailer, or railroad car in a zoning district where it is allowed by this chapter.

Transient produce merchant means any person who engages in or transacts in a temporary and transient business within the city, selling the products of the farm or garden occupied and cultivated by that person; and, who for the purposes of carrying on such business, hires, leases, occupies, or uses, a building, structure, vacant lot, motor vehicle trailer or railroad car on a site other than the property on which the produce is grown and cultivated in a zoning district where it is allowed by this chapter.

Tree, significant, means trees which are healthy, measure a minimum of eight inches in diameter at a distance of 54 inches above ground, and are a minimum of four inches in diameter for conifers.

Use means the purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter. Uses are classified as principal or accessory and as permitted, conditional, and prohibited.

Utilities, municipal, means city facilities such as sanitary sewer, water, and storm sewer designed and constructed to city standards, owned and operated by the city for the public use.

Variance means a modification of or variation from the provisions of this chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.

Variance, minor, means a modification or variance of the provisions of this chapter involving not more than a 25 percent departure from any standard of this chapter as applied to a specific piece of property. Modification in the allowable uses within a district shall not be allowed as a minor variance. A minor variance shall not include requests involving signage, fencing, shoreland, floodplain, or wetland buffer.

Vegetation, native, means the presettlement group of plant species native to the North American continent that were not introduced as a result of European settlement.

Veterinary hospital, small animals. See definition for Clinic, small animal.

Waste facility means all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing, disposal, transfer and/or storage of hazardous and/or solid wastes, except property used primarily for the manufacture of scrap metal or paper. The term "waste facility" includes but is not limited to transfer and storage stations, processing facilities, and disposal sites and facilities. The term "waste facility" does not include drop-off centers which are accessory to allowable uses and which are operated by a governmental unit, civic organization or similar nonprofit group expressly for the collection of recyclable waste including paper, clean glass and metal containers, yard waste for composting, and other eligible household wastes from individuals.

Waste, hazardous, means any refuse or discarded material or combinations of refuse or discarded materials in solid, semi-solid, liquid, or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives.

Waste, solid, means any garbage, refuse, rubbish, and other discarded solid materials, except animal waste used for fertilizer, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities. The term "solid waste" does not include earthen fill, boulders, rock, and other materials normally handled in construction operations, solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants.

Water-oriented accessory structure orfacility means small, above-ground building or other improvement, except stairways, fences, dock, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Watershed means the 81 major watershed units delineated by the map, State of Minnesota Watershed Boundaries—1979Townhouse means a single structure consisting of at least three but not more than eight dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of an common hallway for entry.

Wetlands means 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 chapter, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils.

(2)

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

(3)

Under normal circumstances, support a prevalence of such vegetation.

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

Wild animals means any ape, including chimpanzee, gibbon, gorilla, orangutan, or siamang, baboon; bear; bison; bobcat; cheetah; crocodile; coyote; deer, including members of the deer family such as elk, antelope and moose; elephant; ferret; fox; hippopotamus; hyena; jaguar; leopard; lion; lynx; monkey; ostrich; puma, also known as cougar, mountain lion or panther; rhinoceros; a snake which is poisonous or nonindigenous, or any constrictor snake; snow leopard; tiger; wolf; or other animal that is wild, ferocious, or vicious by nature, habit, disposition or character.

Yard means any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used except in the case of a lot containing or adjacent to all or a portion of a wetland, in which case the distance between the nearest edge of the wetland buffer and the main building shall be as provided by section 117-1034.

Yard, equivalent, means the open area on through and corner lots, which may be required and/or permitted as an alternative to a required rear or side yard between the main building and an abutting arterial, major collector, or other public street where access has been prohibited.

Yard, front, means a yard extending across any street frontage of a lot between the side lot lines and being the minimum horizontal distance between any street line and main building or any projections thereof other than the projections of the usual steps, entranceway, unenclosed balconies or open porch. In the case of a lot containing or adjacent to all or a portion of a wetland, the front yard shall be the minimum horizontal distance between the nearest edge of the wetland buffer and the main building and the permitted projections, as provided by section 117-1034.

Yard, rear, means a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, enclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. On all lots containing or adjacent to all or a portion of a wetland, the rear yard shall be the minimum distance between the nearest edge of the wetland buffer and the main building and the permitted projections, as provided by section 117-1034.

Yard, required, means the open space between a lot line and the buildable area within which no structure may be located except as provided by this chapter.

Yard, shoreland, means a yard which is typically a rear yard extending across a lot and being the required minimum horizontal distance between a structure and the ordinary high water level of a public water as established by the city storm drainage plan and department of natural resources.

Yard, side, means a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line, except in the case of a lot containing or adjacent to all or a portion of a wetland, in which case the side yard is between the nearest edge of the wetland buffer and the main building, as provided by section 117-1034.

Zoning administrator means the person designated by the city council to be the zoning administrator for the city.

Zoning amendment means a change authorized by the city council either in the allowed use within a district or in the boundaries of the district.

Zoning district means an area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.

Zoning district overlay means a zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

Zoning district underlying (base) means all zoning districts except overlay zoning districts.

Zoning map means the map incorporated into this chapter as part thereof, designating the zoning districts.

(Zoning Ord., § 2.02; Ord. No. 2006-01, § 1, 4-18-2006; Ord. No. 01-2007, § 1, 3-5-2007; Ord. No. 2017-06, § 1, 10-9-2017; Ord. No. 2021-11, 9-13-2021; Ord. No. 2023-05, § I, 8-14-2023)

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

(1)

All measured distances expressed in feet shall be to the nearest tenth of a foot.

(2)

When calculating parking stall requirements, any fraction of a number shall constitute an additional parking space.

(3)

Unless specifically exempted, size or area limitations imposed by this chapter on a specific use or activity refer to the maximum gross area devoted to such use or activity in any individual building or structure.

(4)

For terminology not defined in this chapter, chapter 1 of this Code and the state building code shall be used to define such terms.

(Zoning Ord., § 2.01)

(a)

The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations in regard to location, erection, construction, alteration and use of structures and land. These regulations are established to assist the city in:

(1)

Implementing its comprehensive plan;

(2)

Protecting and enhancing the natural environment and resources that currently exist within the city;

(3)

Ensuring orderly and quality development and redevelopment;

(4)

Protecting the quality and diversity of the city's tax base;

(5)

Protecting the quality of residential neighborhoods;

(6)

Providing opportunities for an affordable and diverse housing supply;

(7)

Managing traffic;

(8)

Ensuring compatibility between different land uses; and

(9)

Regulating businesses that may have adverse secondary effects on the quality of life of residents.

(b)

These regulations are also established to provide for administration of this chapter, to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the zoning board of adjustments and appeals, the planning commission and the city council in relation to the zoning regulations.

(Zoning Ord., § 1.02)

State Law reference— General purposes of zoning, Minn. Stats. § 462.357, subd. 1.

It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished consistent with the recommendations contained in the city comprehensive plan, as developed and amended from time to time by the planning commission and city. The council recognizes the comprehensive plan as the official policy for the regulation of land use and development in accordance with the policies and purpose herein set forth. The city will not approve any rezoning or other changes in these regulations that are inconsistent with the comprehensive plan.

(Zoning Ord., § 1.03)

Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by other law, ordinance, rule, or regulation of the city, state, or federal government, the law, ordinance, rule, or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

(Zoning Ord., § 1.04)

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 the provisions of this chapter.

(Zoning Ord., § 1.05)

Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

(Zoning Ord., § 1.06)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after July 1, 2000, shall meet at least the minimum requirements established by this chapter.

(Zoning Ord., § 1.07)

For the purpose of this chapter, all international, federal, state, county and other official monuments, benchmarks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, one-quarter section and 1/16 section corners shall be duly described and tied.

(Zoning Ord., § 1.08)