The following terms, as used in this chapter, shall have the meanings stated:

Abutting means making contact with or separated only by public thoroughfare, railroad or public right-of-way.

Accessory building or structure (see Building, accessory).

Accessory use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use.

Addition means an extension or increase in floor area or height of a building or structure.

Agricultural use means the commercial use of land for the production for sale of agricultural products as defined in Minn. Stats. ch. 273, as may be amended.

Animal hospital or clinic means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Antenna means a device used for transmitting or receiving electromagnetic waves, including but not limited to: Television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals.

Apartment (see Dwelling, apartment).

Applicant means any person or entity who has made an application requesting an action as covered under this section.

Architectural concrete means a building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors.

Automobile reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment.

Banquet or conference facilities means a building, room, or portions thereof, that are used to provide space, whether rented, leased or otherwise made available, to any person, group, or entity for an event or function, that may or may not have food and beverage service, such as a conference or meeting, party, wedding, reception, fundraiser, or other similar occasion.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than 18 percent over a horizontal distance for 50 feet or more shall not be considered part of the bluff.

A.

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

B.

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

C.

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; and

D.

The slope must drain toward the water body.

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

Brewery shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

Brewpub shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

Brewer taproom shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

Builder means any person or entity to whom a building permit is issued for the construction of a single-family residence.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building, accessory means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building.

Building coverage means the area of a lot covered by building(s).

Building or structure height means the vertical distance measured from the average elevation of the highest and lowest points within a five foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof.

Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend.

Building or structure, principal means the primary building or structure upon a lot.

Caliper inch means the diameter of a tree measured at a height of one foot above the ground level.

Carport means an automobile shelter having one or more sides.

Carwash means any building or portions thereof used for the cleaning or washing of motor vehicles.

Cast in place panel means a building wall section of concrete poured into place in a form at the building construction site.

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

Clearcutting means the removal of an entire stand of trees.

Cocktail room shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

Commercial planned development means a planned development of various commercial uses.

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

Community service operation means a not for profit function or program designed to provide a contribution to the welfare of others.

Comprehensive Guide Plan means the Comprehensive Guide Plan as duly adopted and as amended from time to time by the Eagan City Council.

Conditional use permit means a permit specially and individually granted by the council after review thereon by the advisory planning commission for any conditional use so permitted in any use district.

Construction area means any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity.

Convention/banquet facility means a building or portion thereof designed to accommodate large gatherings for professional, business, or personal events. Convention/banquet facilities may include accommodations for eating and recreation.

Copy center means an establishment that provides photocopying and other basic print reproduction services to the general public and other businesses. These businesses offer both full and self-service options.

Critical root zone (CRZ) means an area within a radius surrounding the tree trunk of one foot per one caliper inch of tree diameter, e.g., a 20-inch diameter tree has a CRZ with a radius of 20 feet.

Cultural/entertainment event means an outdoor arts, music, or other social event that is open to the general public and its primary purpose is to entertain at which incidental sales of food, beverages, goods and merchandise may also occur. The event may be organized and hosted by a private or public entity and to occur on private property.

Currency exchange business means that as defined in chapter 6 of this Code.

Day care facility means a facility licensed by the state or county, public or private, which, for gain or otherwise, regularly provides care of one or more persons (child or adult) on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home.

Deck means a horizontal, above grade, unenclosed platform with a structural framing support system, attached or functionally related to a principal use or dwelling. A deck may include attached railings, seats, trellises or other features.

Decorative block means a masonry building block or cast concrete and aggregate rock that has a split-rock, brick-like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors.

Density means the number of dwelling units per acre of land.

Developer means any person or entity other than a builder, as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon.

Development means individual lot single-family residence development, single phase development and two-phase development, as those terms are defined herein.

Diameter means the length of a straight line measured through the trunk of a tree at 54 inches above the ground. In other contexts, diameter shall be construed to have its common meaning.

Diameter inch means the diameter, in inches, of a tree measured at diameter breast height (54 inches from the uphill side of the existing ground level).

Distilled spirits shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

Drip line means the farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of a tree.

Drive-through facility means an establishment which permits customers to receive services or obtain goods while remaining in their motor vehicles, excluding gasoline service stations.

Drive-through service—Restaurant means an accessory use of a restaurant whereby a customer pays for and picks up his/her food/beverage order from a vehicle at a window of the restaurant facility regardless if the food may be ordered in advance of arrival to the site or ordered while in a drive-through lane on the site via a menu board-ordering intercom system.

Duplex means a dwelling structure having two dwelling units, attached by common walls or floors and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling means a building or one or more portions thereof intended to be occupied for residential occupancy. Residential occupancy means inhabiting the building, or any portion thereof, as a household for a period of not less than 30 consecutive days. Dwelling does not mean rooms in motels, hotels, nursing homes, boarding houses, motor homes, tents, cabins or travel trailer coaches.

Dwelling, apartment means a building designed with four or more dwelling units where access to the dwellings is through shared hallways and main entrances and exits. See also "dwelling, efficiency apartment."

Dwelling, attached means a dwelling unit which is joined to another dwelling unit at one or more sides by a party wall or walls.

Dwelling, detached means a single dwelling unit not attached to another dwelling unit or structure.

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, multiple family means a building consisting of more than two dwelling units designed for and occupied by three or more families living independently of each other, consisting of townhomes or apartments.

Dwelling, single-family means a building consisting of no more than one dwelling unit and designed for and occupied by one family.

Dwelling, two-family means a building containing two dwelling units.

Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

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

Essential services means underground and overhead gas, electrical, steam, or water distribution systems; collector, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants or similar equipment and accessories in conjunction therewith, including city buildings. Essential services shall not include waste facilities or personal wireless service antennas or support structures.

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, and lift stations. Essential service structures shall not include transmission/reception antennas and towers.

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

Excavation means the removal, filling with, or storage of rock, sand, dirt, gravel, clay or other like material.

Excavation permit means a permit to remove, excavate, or store rock, sand, gravel, dirt, clay or other like material, issued by the city.

Expansion means an increase in the floor or building coverage area or volume of an existing building.

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

Face brick means a masonry building block or clay baked in a kiln until hard.

Family means an individual or two or more persons all of whom are related to one another by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than five persons all of whom are not so related to each other, but maintain a common household and common cooking and kitchen facilities. For the purposes of this definition, housekeeping unit means all persons residing within a dwelling unit whose relationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities or expenses and the taking of meals together.

Farm means a parcel of land having an area of ten acres or more (five acres for truck farms) which is under cultivation or is fenced and utilized as pasture.

Farm winery shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code.

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

Fence means any partition, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure and located along the boundary or within the required yard.

Fence height means the distance measured from grade to the highest point of the fence.

Fill means a deposit of earth material placed by artificial means.

Filling means the placement of sand, gravel, earth or other materials of any composition on a parcel of land.

Financial institution means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate.

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 equalled or exceeded.

Flood fringe means that portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood.

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within the city shall encompass all areas designated as zone A on the flood insurance rate maps prepared by the Federal Emergency Management Agency.

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.

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.

Floor area, gross means the area included within the surrounding exterior wall of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Floor area, net means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, and interior vehicular parking or loading, or 80 percent of the gross floor area of a building, whichever is greater.

Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Forester means a person holding a bachelor's degree in forestry from an accredited four-year college of forestry.

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

Garage, private 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 of the family resident upon the premises and in which no business, service or industry is carried on.

Garage sale means any display of goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. At least one person conducting the sale shall be a resident of the property.

Garbage means "garbage" as defined in chapter 10 of this Code.

Grade means, for the purposes of measuring building or structure height, the average elevation of the ground, paving or sidewalk around the building foundation.

Grading means excavating, filling or otherwise changing the natural or existing topography of land including stockpiling of earth or land.

Gross vehicle weight means the weight of the vehicle plus the weight of the load thereon or the registered gross vehicle weight of the vehicle, whichever is greater.

Hardship means a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls.

Health and fitness club means an indoor facility designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities, operated for profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

Health care facility means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

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, does not change the character of said premises and satisfies the requirements of this Code.

Hospital means a licensed facility for the hospitalization or care of human beings within the meaning of Minn. Stats. chapter 144.50, as may be amended.

Hotel means a building or group of buildings offering transient lodging accommodations to the general public, which may provide additional services such as restaurants, meeting rooms, and recreational facilities, and where access to each lodging room is gained through a common hallway within the building.

Impervious surface means a material providing a hard surface which prevents normal absorption of water into land. It shall include, but not be limited to gravel driveways, parking areas, buildings, and structures.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Individual lot single-family residence development means the process where the construction of a new single-family residence occurs on a single lot, or the expansion of any existing single-family residence by ten percent or greater square feet.

Institutional use means a facility providing educational, governmental, religious, or community services to the general public such as libraries, churches, municipal buildings, museums, and historic buildings and sites. Institutional facilities may be owned and operated by either public or private entities. (See also School)

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

Junkyard means an outdoor area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, rags, paper, rubber products, bottles and lumber.

Kennel means any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs or cats or combination, over six months of age, are kept, kept for sale, or boarded.

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

Land reclamation means depositing 400 cubic yards or more of materials so as to elevate the grade.

Landscape architect means a state-licensed landscape architect.

Loading area means an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise as more fully described under the off street loading area regulations in this chapter.

Lot means a parcel of land occupied or used or intended for a purpose or use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards and area required by this chapter.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road.

Lot area per unit means the number of square feet of lot area required per dwelling unit.

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

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

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

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

Lot line means the property line bounding a lot.

Lot line, front means any boundary of a lot which abuts an existing public or private street.

Lot line, rear means that boundary of a lot which is opposite the front lot line. In the case of a corner lot, it shall be the boundary opposite the shortest front lot line on a public or private street. 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 connecting the side lot lines and parallel to the front lot line.

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

Lot of record means part of a subdivision approved by the city, the plat of which has been duly recorded in the office of the county recorder or registrar of titles, or a parcel of land, the deed to which was recorded in the office of said county recorder, registrar of titles, prior to the adoption of this chapter, October 17, 2002, which meets the minimum requirements of state law and all Code provisions in effect upon the date of said recording.

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

Lot, through means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot.

Lot width means the distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback.

Manufactured home (mobile home). For the purpose of this Code, manufactured homes shall be as defined in Minn. Stats. chapter 327, as may be amended.

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.

Medical clinic means a facility used for patient examination and treatment by physicians, dentists, optometrists, psychologists or other health care professionals and where patients are not lodged overnight.

Microdistillery shall have the meaning as the term is defined in the alcohol licensing regulations in chapter 5 of this Code. The term proof gallon as used in the definition of microdistillery shall have the meaning as that term is also defined in the alcohol licensing regulations in chapter 5 of this Code.

Mining means the extraction of sand, gravel or other material from the land in the amount of 3,000 cubic yards or more.

Motel means a building or group of buildings offering transient lodging accommodations on a daily rate to the general public, which may provide additional services such as restaurants, meeting rooms, and recreational facilities, and where access to each lodging room is gained from the outside.

Motor fuel sales, class I means a place or business engaged in only the sale of motor fuels, and incidental automotive products and may include incidental services including a carwash and the sale of convenience retail goods.

Motor fuel sales, class II means a place of business engaged in the sale of motor fuels and dispensing of services generally associated with the operation and maintenance of motor vehicles, including automobile or truck repair facilities.

Motor vehicle repair, major means general repair, rebuilding, or reconditioning of engines, transmissions, motor vehicles or trailers, including body work, framework, welding and major painting service.

Motor vehicle repair, minor means the replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work; minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 9,000 pounds gross weight.

Non-conforming 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 with the applicable conditions or provisions of the Code for the district in which the structure or use is located.

Non-conforming 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 conform with the applicable conditions or provisions of the Code for the district in which the structure or use is located.

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

Nursery, day means a use where care is provided for pay for more children than those of one family in addition to the family residing on the premises.

Nursery, landscape means an enterprise that 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, shovels, and the like, but do not include power equipment such as gas or electric lawnmowers and farm implements. Contractor yards that involve the storage of landscape materials shall not constitute a landscape nursery.

Nursing home means a facility or that part of a facility that provides nursing care to five or more persons. A nursing home does not include a facility or part of a facility that is a hospital, clinic, doctor's office, diagnostic or treatment center or a residential program licensed by the State of Minnesota.

Occupancy means the purpose for which a building or part thereof is used or intended to be used.

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

Office/showroom means a building with gross floor area consisting of at least 30 percent finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Office/warehouse means a building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Outdoor display means to store or exhibit outside a commercial building a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. For purposes of this chapter, any outdoor display exceeding the restrictions thereof as regulated in this chapter shall constitute outdoor storage.

Outdoor event—Seasonal or temporary means an outdoor exhibition or sale which is accessory to the principle use of the subject property, including, but is not limited to: promotional and fundraiser event; product sales; nursery plants or stock sales, fresh fruit and vegetable sales; craft, clothing or other goods sidewalk sales or displays; fireworks or Christmas tree sales stand/tent; and recognition events. An outdoor event shall be deemed as a seasonal outdoor event if its duration is more than ten, but less than 90 consecutive days per year. An outdoor event shall be deemed as a temporary outdoor event if: (1) its duration is ten days or less; (2) it does not occur more than once per 30 days period; and (3) no more than three temporary events occur per year or a combination of 20 days total in a calendar year.

Outdoor food sales means the sale or service of prepared food or beverage from a temporary structure or stand or a mobile food unit as defined by Minnesota state law to the general public.

Outdoor storage means to stock, keep, sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property or motor vehicles. For purposes of this definition and the regulation of outdoor storage, an outdoor event—seasonal and temporary shall not constitute outdoor storage.

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

Ordinary high water level (OHWL) means 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 flowages, the ordinary high water level is the operating elevations of the summer pool.

Parcel means an individual lot or tract of land.

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

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

Parking ramp means a structure used for the temporary storage of motor vehicles.

Parking space means an area of such shape and dimensions as provided by this Code, 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 an at-grade recreation area that is often paved and is typically designed especially for outdoor dining.

Performance standard means criteria established for, but not limited to, setbacks, fencing, landscaping, screening, drainage, building materials, 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 (see Use, Permitted)

Plain concrete block means a masonry building block of cast concrete that has no additional surface texturing.

Planned development means an urban development characterized by a unified site design and developed according to an approved overall plan having:

(1)

Two or more principal uses or buildings within a single parcel without the necessary zoning to allow the uses in compliance with the existing zoning districts; or

(2)

A single use which does not comply with all of the restrictions of any one zoning district. Planned development zoning shall be allowed only where the council determines that, because of topography, location, design, public need, amenities, or for other similar reasons, the development represents good planning in relation to existing and proposed development in the area.

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, barbeque grills, patios, accessory furniture, and the like.

Porch means a portion of a principal structure with a roof to provide weather protection, but not intended for year round use or habitation.

Precast panel means a building wall section of concrete poured into a form at the manufacturer's facility and shipped to the construction site for installation.

Preferred co-location site means an existing or approved tower, structure or building which may accommodate planned equipment for a proposed new tower within a one-half mile search radius of the proposed tower location.

Printing or reproduction shop means an establishment that provides a full range of printing and reproduction services primarily to other businesses.

Protected use means a designated use from which another use is required to be set back pursuant to a special use setback in this Code.

Public building or structure means buildings and structures owned or operated by municipal, school district, county, state, or other governmental units.

Public hearing, unless otherwise specifically redefined, means a public hearing pursuant to a notice published once in the official newspaper of the city at least ten days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any further publication or notice thereof.

Public right-of-way means the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city and shall include but not be limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which the street or roadway lies.

Public utility services mean the providing of electric power, gas, telephone, sanitary sewer and water.

Public waters has the meaning given it in Minnesota Water Law (Minn. Stats. § 103G.005, subd. 15).

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

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

Recreation, commercial means a business directed toward the general public that offers recreational entertainment such as amusement centers, bowling alleys, billiard halls, golf courses, movie theatres, ballrooms, roller rinks and similar uses.

Recreational camping vehicle means any self-propelled vehicle and any vehicle propelled, drawn, towed or carried by a self-propelled vehicle, which is designed to be used for temporary living quarters while engaged in recreation or vacation activities.

Recreational equipment means non-vehicular materials used primarily for recreation and leisure time activities and purposes, such as ice-fishing houses, sport courts, and sports equipment.

Recreational vehicle means any self-propelled vehicle and any vehicle propelled, drawn, towed or carried by a self-propelled vehicle, which is designed to be used for leisure time activities and purposes including but not limited to:

1.

Recreational camping vehicles;

2.

Non-motorized trailers generally used for transporting recreational vehicles such as watercraft and snowmobiles;

3.

A van or truck with a slide-in camper which is not used primarily for day to day transportation needs;

4.

Snowmobiles, all terrain vehicles, any type of watercraft and similar vehicles. Such vehicles that are placed on a utility trailer shall, together with the trailer, constitute a single recreational vehicle;

5.

Passenger vehicles with antique or collector license plates, specialized off-road racing vehicles that are not primarily used for day to day transportation needs. Such vehicles that are placed on a utility trailer shall, together with the trailer, constitute a single recreational vehicle.

Recreational vehicle, class I means a recreational vehicle with a length of less than 20 feet and a height of less than six feet when measured from the parking surface to the highest point of the vehicle.

Recreational vehicle, class II means a recreational vehicle with a length of 20 feet or more and/or a height of six feet or more when measured from the parking surface to the highest point of the vehicle.

Recyclables means "recyclables" as defined in chapter 10 of this Code.

Refuse means "other refuse" as defined in chapter 10 of this Code.

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. Regional flood is synonymous with 100-year floodplain and with the term "base flood" used in the flood insurance rate map.

Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in the flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this section are required to be elevated or floodproofed.

Rental shop means a business operated within a principal structure and engaged exclusively in providing movable property to another for temporary use in exchange for consideration paid, except for the incidental sale of accessories related to those items rented.

Repair, small engine or appliance means general repair, rebuilding, or reconditioning of small engines or appliances, including replacement or repair of parts.

Research laboratory means a building or group of buildings in which are located facilities for scientific research, development, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residential planned development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented.

Residential program facility means a facility licensed by the State of Minnesota for services providing 24-hour residential care, food, housing, training, education, supervision, rehabilitation, habilitation, or treatment outside of a person's own home for persons with mental health illness, developmental disability, physical disability, or functional impairment or who have substance use disorder or abuses substances.

Residential shelter means a supervised facility providing housing, food, and protection for persons needing temporary shelter for no fee or cost to the served persons. Residential shelter does not mean residential program facilities, community correctional facilities, day care or foster care facilities, hotels, nursing homes or other commercial lodging establishments.

Restaurant—Casual means an eating facility where customers place their order at a counter and either the customer takes the food/beverage to a table or wait staff serves the food/beverage at the customer's table for on-premise consumption. Accessory use may include take-out food service. No drive-through service is provided.

Restaurant—Delivery or take-out means a facility where food is prepared, ready-to-eat or partially ready-to-eat and either picked up by or delivered to the customer for off-premise consumption. This type of restaurant may have a limited amount of seating, but not for more than 24 guests at one time.

Restaurant—Fast food means an eating facility where drive-through service is provided and customers may place their food order either at a counter inside the facility or from the customer's motor vehicle outside the facility by use of a drive-through service. This type of restaurant also includes a "drive-in" establishment where food and beverages are ordered from and consumed in the motor vehicle upon the premises outside of the building.

Restaurant—Full service means an eating facility that provides full wait staff service where food/beverages are ordered, served and consumed by the customer while seated at a table, booth or counter. Accessory use may include take-out food service. No drive-through service is provided.

Retail sales means a use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-way means a strip of land intended to be used for roadways, sidewalks, railroads, or utility purposes on which an irrevocable right-of-passage has been recorded.

Riparian lot means a lot which borders on a lake, river or stream.

School (public or private) means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

School, vocational or technical means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements for vocational facility.

Screening means a device or materials used to visually shield or obscure one element of a development from other elements or from adjacent or contiguous development. Screening materials may include fences, walls, berms, plantings, or other materials providing the required opacity.

Semi-public use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection.

Setback means the minimum horizontal distance required between any lot line or right-of-way and the nearest point of a building, structure or improvement located or to be located on the lot. The setback is measured at a right-angle from the lot line to the closest point of the building or improvement.

Within the shoreland overlay district, setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

For purposes of measuring the setback between a building, structure or use, including a parking area, and a street right-of-way, as defined in this Code and to include any easement, conveyance or other grant to the county or state, the setback is the horizontal distance from the edge of said street right-of-way which abuts the lot to the nearest point of the building, structure or use, including any parking area, located or to be located on the lot.

Setback line means a line located at the specified setback distance from and parallel to any lot line.

Sewage treatment system means an on-site system for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other individual or cluster-type sewage system as described and regulated in this chapter and chapter 4 of this Code.

Sewer system, sanitary means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage, industrial waste, or other wastes to the regional facility for treatment and disposal.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site.

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, shoreland area, shoreland district and shoreland overlay district mean land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands 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 DNR.

Sign means any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting.

Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stats. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Single-phase development means the process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainageways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area.

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

Slope, steep means land where agricultural activity or development is either not recommended or 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 ordinance. 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.

Special residential facility means a structure or several structures developed as a single facility in which residential housing is provided for persons with special living or care needs, based on age or disabilities, including but not limited to facilities that provide for or are independent living units; assisted living housing; memory and dementia care; youth supportive housing; or nursing home, convalescent home, sanitarium or other full care facility.

Special use setback means the following:

1.

If the use is entirely contained within a building, the distance of 200 linear feet from any point of the exterior wall of the building, or the exterior wall of the delineated space within the building in which the use is located exclusively, to the nearest point on the property line of the lot on which the protected use is located.

2.

If the use has any outdoor operations, the distance of 200 linear feet from any point along the outer edge of any paved parking or drive lane area, excluding driveway access point, on which the use is operated to the nearest point on the property line of the lot on which the protected use is located.

Story means that portion of a building included between the upper surface of any floor and the 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 under-floor 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 under-floor space shall be considered a story.

Street, arterial minor means a street that serves or is designed to serve heavy flows of traffic and is primarily used as a route for traffic between communities and/or heavy traffic generating areas as identified within the city's duly adopted Comprehensive Guide Plan.

Street, arterial major means a street that serves or is designed to serve heavy flows of traffic and is primarily used as a route for traffic between communities and/or heavy traffic generating areas as identified within the city's duly adopted Comprehensive Guide Plan.

Street, collector means a street that serves or is designed to serve as a trafficway for a neighborhood or as a feeder to an arterial street as identified within the city's duly adopted Comprehensive Guide Plan.

Street, cul-de-sac or dead-end means a street with only one vehicular outlet.

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

Street, private means a street that is not dedicated for public use.

Street, public means a public right-of-way for vehicular traffic which has been dedicated or deeded for public use.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. 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, principal means see "Building, principal".

Structure, accessory means see "Building, accessory".

Subdivision means the division of any parcel of land into two or more lots, blocks or parcels.

Surface-water-oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Swimming pool, outdoor means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing use having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet.

Synthetic stucco means a nonbearing exterior wall cladding system providing both insulation value and finished exterior surface (e.g., EIFS panels).

Temporary outdoor event means an exhibition or sale with a duration of ten continuous days or less which does not occur more than once per 30 days and more than three times per year or a combination of 20 days total in a calendar year. A temporary outdoor event includes, but is not limited to: promotional and fund raiser event; car wash; nursery stock, fresh fruit and vegetable sales; and prepared food clothing and crafts display or sale.

Toe of the bluff means the lower point of a 50 foot segment with an average slope exceeding 18 percent.

Top of the bluff means the higher point of a 50 foot segment with an average slope exceeding 18 percent.

Townhouse means a single-family dwelling having one or more walls in common with another single-family dwelling oriented so all exits open directly to the outside.

Tower means any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus.

Transit station means the premise and associated facilities to accommodate loading and unloading of transit passengers and associated parking area for transit passenger vehicles.

Tree means any of the following type of trees, as each is defined herein:

Coniferous evergreen tree means a woody plant, which at maturity is at least 12 feet or more in height, having foliage on the outermost portion of the branches year-round.

Deciduous tree means a woody plant, which at maturity is at least 15 feet or more in height, having a defined crown, and which sheds leaves annually.

Hardwood deciduous tree includes: ironwood, catalpa, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and basswood.

Significant tree means a healthy tree measuring a minimum of six inches in diameter for hardwood deciduous trees, defined herein, or a minimum of 12 inches in diameter for softwood deciduous trees, as defined herein, or a minimum of 12 feet in height for coniferous/evergreen trees.

Softwood deciduous tree includes: cottonwood, poplars/aspen, box elder, willow, silver maple and elm.

Specimen tree means a healthy hardwood deciduous tree measuring equal to or greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or greater in height.

Truck stop means a business, service or industry involving the dispensing of motor fuel or other petroleum products directly into motor vehicles, and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include the maintenance, washing, servicing, storage or repair of commercial vehicles, overnight accommodations and restaurant facilities intended for use primarily by truck drivers and the traveling public.

Truck terminal means a building or area in which freight brought by truck is assembled and/or temporarily stored for rerouting or reshipment. The terminal facility may also include storage and/or parking areas for truck tractor and/or trailer units.

Two-phase development means the process where improvement of the entire site occurs in at least two distinct phases. Generally, the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone.

Use means the purpose or activity for which the land or building thereon is designated, arranged or intended or for which it is or may be occupied or maintained. Uses are classified as principal or accessory and as permitted or conditional.

Use, accessory means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use.

Use, conditional means those uses specifically designated in each zoning district, which because of unique characteristics, are not classified as permitted uses in a particular zoning district but may be deemed acceptable subject to certain conditions and guarantees to protect the public interest.

Use, interim means a temporary use of property until a particular date or until the occurrence of a particular event.

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

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

Use, similar means a use that has defining qualities, characteristics, or functions of a use specifically listed in the use chart.

Variance means a modification or waiving of 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.

Warehouse means a building used primarily for the extended storage of goods and materials.

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/or solid wastes, except property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer and storage stations, processing facilities, and disposal sites and facilities. 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 non-profit 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

Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than minimum required structural setbacks.

Wetland is defined as set forth in the wetlands protection and management regulations in this Code.

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

Woodland, significant means a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and 12 inches in diameter or coniferous trees between four feet and 12 feet in height.

Yard means open space on a lot which is unoccupied and unobstructed by a building or structure from the ground to the sky, except as expressly permitted by this chapter. A required yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the setback regulations for the district in which such lot is located.

Yard, front means the area between the front lot line and the front building or setback line.

Yard, rear means the area between the rear lot line and the rear building or setback line.

Yard, required means the open area between a lot line and the setback line as specified in the setback regulations for the district in which such lot is located.

Yard, side means the area from the side lot line to the side building or setback line extending between the front yard to the rear yard along a side lot line.

Yard waste means "yard waste" as defined in chapter 10 of this Code.

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

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 411, 2nd series, § 1, eff. 4-28-07; Ord. No. 414, 2nd series, § 5, eff. 7-28-07; Ord. No. 419, 2nd series, § 1, eff. 12-8-07; Ord. No. 471, 2nd series, § 1, 2-15-2011; Ord. No. 478, 2nd series, §§ 1, 2, eff. 4-20-2011; Ord. No. 499, 2nd series, § 1, eff. 2-21-2012; Ord. No. 500, 2nd series, § 1, eff. 5-1-2012; Ord. No. 531, 2nd series, § 1, eff. 6-3-2014; Ord. No. 547, 2nd series, § 1, eff. 8-3-2015; Ord. No. 549, 2nd series, § 1, eff. 11-2-2015; Ord. No. 571, 2nd series, § 1, eff. 11-17-2017; Ord. No. 622, 2nd series, §§ 1, 2, eff. 12-22-2023)