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

   A.   The word "building" includes structure and dwelling.

   B.   The word "person" includes an individual, corporation, copartnership, and association.

   C.   The word "shall" is mandatory, and the word "may" is permissive.

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

   E.   In the event of conflicting provisions, the more restrictive provisions shall apply. (Ord. 5, 12-14-2006)

The following words and terms, whenever they occur in this title, are defined as follows:

ABUTTING: Making contact with or separated only by public thoroughfare, railroad, public utility right of way or navigable waters.

ACCESSORY STRUCTURE OR USE: A subordinate structure or use which is located on the same lot on which the principal structure or use is situated and which is reasonably necessary and incidental to the conduct of the principal structure or use.

ADULT RETIREMENT COMMUNITY: An age restricted planned development for independent living, as defined under the federal fair housing act provisions for housing for the elderly which may be in any housing form, including detached and attached dwelling units.

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

   A.   Field crops, including: barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers.

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

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

ALLEY: A public right of way which affords a secondary means of access to abutting property.

ALTERNATIVE ENERGY SYSTEMS RELATED DEFINITIONS:

   Alternative Energy System: A ground source heat pump, wind or solar energy system.

   Building Integrated Solar Energy System: A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

   Closed Loop Ground Source Heat Pump System: A system that circulates a heat transfer fluid, typically food grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

   Flush Mounted Solar Energy System: A roof mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to five percent (5%) but shall not be higher than ten inches (10") above the roof.

   Ground Source Heat Pump System: A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system.

   Heat Transfer Fluid: A nontoxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight.

   Horizontal Axis Wind Turbine: A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.

   Horizontal Ground Source Heat Pump System: A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than twenty feet (20') below the land surface.

   Hub: The center of a wind generator rotor, which holds the blades in place and is attached to the shaft.

WIND TURBINE CONFIGURATIONS

   Hub Height: The distance measured from natural grade to the center of the turbine hub.

   Monopole Tower: A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.

   Open Loop Ground Source Heat Pump System: A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well.

   Passive Solar Energy System: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

   Photovoltaic System: A solar energy system that converts solar energy directly into electricity.

   Small Wind Turbine: A wind turbine of one hundred (100) kW nameplate generating capacity or less.

   Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

   Total Wind Turbine Height: The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.

   Tower: A vertical structure that supports a wind turbine.

   Utility Wind Turbine: A wind turbine of more than one hundred (100) kW nameplate generating capacity.

   Vertical Axis Wind Turbine: A type of wind turbine where the main rotor shaft runs vertically.

   Vertical Ground Source Heat Pump System: A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.

   Wind Energy System: An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.

   Wind Turbine: Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

ANIMAL SHELTER: A facility that shelters lost or abandoned animals for the purpose of reclaiming by the owner, adoption, placement with another agency, or humane euthanization. The facility may include limited veterinary services such as routine vaccinations, spaying and neutering.

ANIMALS, DOMESTIC: 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, the term includes birds and rabbits normally sheltered outside the home.

ANIMALS, FARM: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state.

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas.

APPLICANT: Any person or political subdivision that submits an application to the city for a permit under this title or other provisions of the city.

AUTO OR MOTOR VEHICLE SALVAGE YARD: A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment. (See also definition of Junkyard.)

AUTO REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, and collision service, including bodywork, framework, welding and major painting service.

AUTO REPAIR, MINOR: 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. The term also includes incidental body and fender work, minor painting and upholstering service. This definition is applied to passenger vehicles and trucks not in excess of eighteen thousand (18,000) pounds' gross weight, but not including any operation specified under the definition of Auto Repair, Major.

BWSR: The Minnesota board of water and soil resources.

BACKYARD CHICKEN: A female chicken or hen which serves as a source of eggs.

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

BED AND BREAKFAST ESTABLISHMENT: A house, or portion thereof, where short term lodging rooms and meals are provided.

BEST MANAGEMENT PRACTICES OR BMPs: Techniques proven to be effective in controlling runoff, erosion and sedimentation including those documented in the "Minnesota Construction Site Erosion And Sediment Control Planning Handbook" (BWSR, 1988); "Protecting Water Quality In Urban Areas" (MPCA, 2000); the "Minnesota Urban Small Sites BMP Manual" (metropolitan council, 2001); the "State Of Minnesota Stormwater Manual" (MPCA, 2005); and other sources as approved by the city, as may be amended.

BOARDING HOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed twenty (20) persons.

BREWERY: A facility which manufactures, processes and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for on site consumption in a taproom or for off site consumption as growlers. The annual production of malt liquor shall be more than twenty thousand (20,000) but less than two hundred fifty thousand (250,000) barrels.

BREWERY, SMALL: A facility which manufactures, processes and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for on site consumption in a taproom or for off site consumption as growlers. The annual production of malt liquor shall be no more than twenty thousand (20,000) barrels.

BREWPUB: A restaurant-brewery that manufactures fewer than three thousand five hundred (3,500) barrels of malt liquor annually. The malt liquor is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. Brewpubs may also sell up to seven hundred fifty (750) barrels of malt liquor for off-sale consumption in growler containers.

BUFFER: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.

BUFFER, VEGETATIVE: An area of preserved, restored, or created vegetative ground cover abutting or surrounding a watercourse, public waters wetland, or wetland that is maintained in an unmowed natural state and maintained for erosion, noxious weeds, volunteer trees and brush that may create maintenance problems, and litter only.

BUFFER YARD: A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.

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

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

BUILDING HEIGHT: The vertical distance to be measured from the grade of the finished building line to the highest point of the roof.

BUILDING LINE: The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.

BUILDING OFFICIAL: An authorized representative of the City Council assigned to make any or all necessary inspections of the work performed and materials furnished by a developer.

BUILDING SETBACK: The minimum horizontal distance between the furthest protruding part of the building and a lot line.

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

   T.    State License: An approved license issued by the Office of Cannabis Management to a cannabis retail business.

CARPORT: An automobile shelter having one or more sides open.

CEMETERY: A parcel or tract of land used for the burial of the dead.

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

CITY: The City of Elko New Market.

CITY ADMINISTRATOR: The person hired by the Elko New Market City Council who is responsible for supervising governmental operations and implementing City policies.

CITY COUNCIL: The Governing Body for the City of Elko New Market.

CLINIC: Any establishment where human patients are examined, diagnosed or treated by licensed practitioners, and does not involve overnight stays. For this purpose, a licensed practitioner includes physicians, dentist, osteopaths, chiropractors, optometrists, psychologists, therapists, physical therapists, and other similar practitioners.

COCKTAIL ROOM: A room which provides for the on site sale of distilled liquor produced by the distiller on the premises of or adjacent to a microdistillery or distillery location owned by a distiller, subject to compliance with the conditions set forth in title 4, chapter 2 of this Code.

COMMERCIAL CAR WASH: A building or area that provides facilities for washing and cleaning motor vehicles for a fee whether by automated cleaning devices or otherwise.

COMMERCIAL KITCHEN: A facility containing commercially licensed kitchens where chefs, bakers, caterers, and other culinary professionals can prepare their goods, but do not contain seating for food service.

COMMERCIAL VEHICLE: Any vehicle typically used for commercial purposes including, but not limited to: trailers, motorized wheeled or tracked vehicles or vehicles displaying company signage, company logos, commercial equipment, fixtures or tools.

Class I: Commercial vehicles which exceed any of the following:

   A.   A gross vehicle weight rating (GVWR) of fourteen thousand (14,000) pounds.

   B.   A height of nine feet six inches (9'6").

   C.   A length of twenty two feet six inches (22'6").

Class II: All commercial vehicles other than Class I commercial vehicles.

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

COMPENSATORY STORAGE: Excavated volume of material below the flood elevation required to offset fill placed below the flood elevation.

COMPOSTING: A substance composed mainly of partly decayed organic material that is applied to fertilize the soil and to increase its humus content. Compost is often used in vegetable farming, home gardens, flowerbeds, lawns, and greenhouses. Compost usually is made from plant materials (e.g., grass clippings and vegetable tops).

COMPREHENSIVE PLAN: The comprehensive development plan made and adopted by the City of Elko New Market indicating the general locations recommended for major thoroughfares, streets, parks, public buildings, zoning districts and other public improvements.

COMPREHENSIVE SURFACE WATER MANAGEMENT PLAN: The City's comprehensive surface water management plan prepared to meet requirements of the Scott Watershed Management Organization and the Vermillion River Watershed Joint Powers Organization adopted and implemented in accordance with Minnesota Statutes section 103B.231 and Minnesota Rules 8410 for local water plans.

CONDITIONAL USE: A land or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that:

   A.   Certain conditions as detailed in this title exist; and

   B.   The use or development conforms to the comprehensive land use plan; and

   C.   Is compatible with the existing neighborhood.

CONDITIONAL USE PERMIT: A permit issued by the City Council in accordance with procedures specified in this title, 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 present.

CONDOMINIUM: A multiple 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 Law, Minnesota Statutes sections 515.01 through 515.29, as it may be amended from time to time.

CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and nonvegetative), or the existing soil topography that may result in accelerated stormwater runoff leading to soil erosion and the movement of sediment into surface waters or drainage systems.

CONTRACTOR OPERATIONS: An establishment used for the repair, maintenance or storage of the contractor's vehicles, equipment, or materials which operate from said establishment and may include offices for the purposes of the contracting business.

COUNTY: Scott County, Minnesota.

CREMATORIUM: A structure in which the bodies of the dead are cremated.

CUL-DE-SAC (COURT): A short minor street having one end open, or dead end street, to traffic and being permanently terminated by a vehicular turnaround.

CULTURAL ESTABLISHMENT: An establishment used for civic, cultural, educational or humanitarian motives and/or for the benefits of others. Such uses may include, but are not limited to, museums, art galleries, libraries, art, photography, or music studios, or cultural or historic centers.

CURB LEVEL: The grade elevation established per the approved utility plans of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purposes of this title.

DAYCARE FACILITY: Any State licensed facility, 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 twenty four (24) hours per day, in a place other than the person's own home. Daycare facilities include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs, and other "nonresidential programs" as defined by Minnesota Statutes section 245A.02, subdivision 10.

DEAD STORAGE: The permanent pool volume of a water basin, or the volume below the outlet elevation of a water basin.

DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending above grade.

DENSITY: The number of dwelling units per acre of land.

DETENTION BASIN: Any natural or manmade depression for the temporary storage of stormwater runoff.

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

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

DEWATERING: The removal of water for construction activity.

DISTILLERY: A facility which manufactures, processes and warehouses distilled liquor for wholesale distribution in off- sale packages to retail liquor establishments.

DOMESTIC ANIMAL ENCLOSURE: Any accessory building or portion thereof, accessory structure or area of any kind, including, without limitation, pens, runs, kennels and domestic animal houses, that is principally used or designed for use as a place for keeping domestic animals. An electronic pet containment system is not considered a domestic animal enclosure.

DRAIN OR DRAINAGE: Any method for removing or diverting water from water bodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking, or pumping.

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

DRIVE-THROUGH BUSINESS: Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided within a building.

DRIVEWAY: An area providing vehicular access between a street and an off street parking or loading area.

DWELLING: A residential building or portion thereof intended for occupancy by a single family with facilities for living, sleeping, cooking and eating, but not including hotels, motels, boarding or rooming houses, tourist homes, mobile homes or trailers.

   Accessory Dwelling Unit: A habitable dwelling unit created within, attached to, or detached from, a principal dwelling unit that provides the basic requirements of shelter, heating, cooking and sanitation, which is accessory and subordinate to the principal dwelling unit, self- contained, and intended to be used as a separate unit.

   Apartment: A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family, or a group of individuals living together as a single family unit. This includes any unit in a building with more than two (2) dwelling units.

   Single Family: A freestanding dwelling unit designed exclusively for and occupied exclusively by one family.

   Townhouse: A residential building containing three (3) or more dwelling units with at least one common wall, each unit is so oriented to have all exits open to the outside.

   Two Family: A structure having two (2) dwelling units contiguous to each other only by the sharing of one or more common wall or floor, and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. Each unit having a separate entrance/exit and designed exclusively for occupancy by two (2) families living independently of each other.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTI-FAMILY: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other. Multi-family dwellings include apartments, condominiums and townhouses.

EARTHWORK OR WORK THE EARTH: Excavating, mining, filling or grading.

EASEMENT: A grant by the property owner for temporary or permanent use of a strip of land by the public, a corporation, or persons for specific purposes.

ENERGY DISSIPATION: Methods employed at pipe outlets or along pipe alignments to prevent erosion including, but not limited to: concrete aprons, riprap, collars, splashguards, and gabions.

EROSION: The progressive wearing away of the ground surface as a result of wind, flowing water, ice movement, or land disturbing activities.

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, Municipal, or other governmental agencies.

EVENT CENTER: A facility that primarily functions to provide a space for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, retreats, parties, weddings, receptions and dances.

EXCAVATION: Any breaking of ground, except common household gardening and ground care.

EXTERIOR STORAGE (Includes OPEN STORAGE): The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

EXTRACTION AREA: Any nonagricultural artificial excavation of earth exceeding fifty (50) square feet of surface area or two feet (2') in depth, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other natural matter, or made by turning, breaking or undermining the surface of the earth.

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

FAMILY: An individual, or two (2) or more persons related to the other by blood, marriage, guardianship, adoption, domestic partnership, or foster care, or a group of not more than four (4) persons not so related maintaining a common household and using common cooking and kitchen facilities.

FARM: A tract of land of ten (10) or more acres in size usually with a house and barn, plus other buildings, on which crops and often livestock are raised for a principal source of livelihood.

FENCE: Any freestanding structure, partition, wall, gate, or enclosure permanently anchored in/to the ground, designed and erected to permanently serve as a dividing marker, enclosure, physical barrier, visual barrier, or sound barrier.

FENCE, TEMPORARY/PORTABLE: Any freestanding structure, partition, wall, gate, or enclosure that may or may not be permanently anchored in/to the ground, designed and erected to serve as an easily movable short term enclosure or barrier.

FILL: Soil or other material placed on the land by artificial means.

FINAL PLAT: See definition of Plat.

FLOOD RELATED DEFINITIONS:

   Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

   Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, Part 6120.5000.

   Base Flood Elevation (BFE): The elevation of the base flood or one-percent annual chance flood. The term "base flood elevation" is used in the flood insurance study.

   Basement: 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.

   Conditional Use: A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

   A.   Certain conditions as detailed in the zoning ordinance exist, and

   B.   The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

   Critical Facilities: Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

   Development: Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

   Equal Degree of Encroachment: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

   Farm Fence: An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, Section 344.02, Subd. 1(a-d), and is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this title.

   Flood: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

   Flood Frequency: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

   Flood Fringe: The portion of the one - percent annual chance floodplain located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study

   Flood Insurance Rate Map: An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

   Flood Insurance Study: The study referenced in Section 2.2, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

   Flood Prone Area: Any land susceptible to being inundated by water from any source.

   Floodplain: The beds and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the base flood.

   Floodproofing: 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: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the base flood discharge.

   Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

   Manufactured Home: 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 attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

   New Construction: Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

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

   Principal Use or Structure: All uses or structures that are not accessory uses or structures.

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

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

   Regulatory Flood Protection Elevation (RFPE): An elevation not less than one foot above the elevation of the base flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

   Repetitive Loss: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

   Special Flood Hazard Area: A term used for flood insurance purposes, and synonymous with the term base flood or one percent (1%) annual chance floodplain.

   Start of Construction: Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

   Structure: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks manufactured homes, recreational vehicles not considered travel ready as detailed in Section 10.22 of this ordinance and other similar items.

   Substantial Damage: Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

   Substantial Improvement: Within any consecutive three hundred sixty five (365)-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

   A.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

   B.   Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.

FLOOR AREA: The sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches. The term "floor area", for the purpose of calculating the number of off street parking spaces, shall be the net usable floor area of the various floors, exclusive of hallways, utility space, restrooms, window showcases, and ornamental space not used for assembly.

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

FRONTAGE: That boundary of a lot which abuts an existing or dedicated public street.

FUNERAL HOMES OR MORTUARIES: A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; administrative offices; and may include family living quarters for the funeral director/owner. A funeral home may have a maximum of one crematory located within the same structure as the funeral home.

GARAGE, PRIVATE: An accessory structure if detached from the principal structure and more than six feet (6') from the principal structure, or an accessory portion of the principal structure if attached.

GOVERNING BODY: The Elko New Market city council.

GRADING: To change the contour of the land by excavation and/or placement of fill. Grading activity is differentiated from mining and land reclamation activities by the following characteristics:

   A.   Grading is typically done for the purpose of shaping land for a project in accordance with an approved grading plan as opposed to being done for the purpose of extraction of valuable materials or reclaiming unbuildable land.

   B.   Grading primarily involves moving soils within a site versus primarily exporting or importing materials, although some export or import may be involved.

   C.   Grading typically involves disturbance of the landscape for one calendar year or less versus portions of the landscape being intermittently disturbed for one or more years.

   D.   Disturbance for grading is a function of the project schedule versus demand for extracted materials or availability of fill materials.

   E.   Grading is done as part of construction of or modification of a permanent use. Mining and reclamation is an interim use activity that may not have an approved plan for a permanent use.

GRADING PERMIT: A permit required and issued by the city for grading or other land, wetland, or drainage altering activity that is not excepted from this title.

HAZARDOUS WASTE: A. Any refuse, sludge or other waste materials, or combination of refuse, sludge or other waste materials, in solid, semisolid, liquid or contained gaseous form which, because of its quantity, concentration or chemical, physical or infectious characteristics, may:

      1.   Cause or significantly contribute to an increase in mortality or an increase in serious or irreversible or incapacitating reversible illness; or

      2.   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or transported or disposed of or otherwise managed.

   B.   Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include source, special nuclear or byproduct material, as defined by the atomic energy act of 1954, as may be amended from time to time.

HEAVY EQUIPMENT SALES: The use of a building or land area for the display and sale of farm implement, semitractors or semitrailers and/or construction equipment, that involve outdoor sales and display areas.

HEAVY EQUIPMENT SERVICE: The use of a building for the service and/or washing of farm implement, semitractors or semitrailers and/or construction equipment.

HIGHLY SUSCEPTIBLE WETLAND TYPE: A wetland characterized as a sedge meadow; open or coniferous bog; calcareous fen; low prairie; coniferous or hardwood swamp; or seasonally flooded wetland.

HOME OCCUPATION: Any activity engaged in by the occupant of a residential dwelling unit which is carried on for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof.

HOSPITAL: An institution providing health services primarily for human inpatient medical and surgical care and including related facilities such as laboratories, outpatient departments, training facilities, cafeterias, and staff offices that are an integral part of the facilities.

HOTEL: A building which provides a common entrance, lobby, halls and stairway and in which twenty (20) or more people are, for compensation, lodged with or without meals.

HYDRIC SOIL: A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper horizon.

IMPERVIOUS SURFACE: An artificial or natural surface through which water, air or roots cannot penetrate.

INDUSTRIAL USE: The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

INFILTRATION AREA: A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth's surface.

INFRASTRUCTURE: The system of public works for the county, state, or city, including, but not limited to, structures, roads, bridges, culverts, and sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and interceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities.

INSTITUTIONAL USE: A nonprofit, religious, or public use such as a church, library, public or private school, hospital, or government owned or operated building, structure or land used for a public purpose.

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

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

JUNKYARD: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junkyard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.

KENNEL, COMMERCIAL ANIMAL: An establishment in which animals, as permitted, are kept, boarded or maintained for the care, training, exercise, or socializing, by a person other than the owner of the animals for a fee. This term does not include the breeding or selling of animals or facilities whose primary source of revenue is veterinarian services.

KENNEL, DOG: See definition of Kennel, Commercial Animal.

LAND DISTURBING ACTIVITY: Any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, the construction of any structure that may cause or contribute to erosion, or the movement of sediment into water bodies. This includes new development, redevelopment and road construction. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under this title.

LAND RECLAMATION: The importation of soil materials to a site in an amount exceeding one thousand (1,000) cubic yards for the primary purpose of making buildable land that was previously unbuildable due to susceptibility to flooding, high groundwater, or poor soils, or for the purpose of restoring mined areas to buildable grades.

LAND SURVEYOR: A registered land surveyor capable of preparing engineering plans for land subdivision plats.

LANDLOCKED BASIN: A basin that is one acre or more in size and does not have a natural outlet at or below the existing flood elevation as determined using the simplified hydrologic yield method.

LANDSCAPE WALL: A structure less than four feet (4') in height and constructed of wood, masonry block, or natural stone that is used as part of a landscape design and not requiring special structural properties as does a retaining wall.

LANDSCAPING RELATED DEFINITIONS:

   Annual: A plant, usually a flowering species, which lives only one growing season.

   Canopy: The width and/or height of the overall leafy portion of a deciduous tree.

   Deciduous: Plants which lose foliage and become dormant during winter months.

   Drip Line: An imaginary line drawn vertically from the outer edge of the canopy to the ground. This is typically where the most sensitive roots are located.

   Evergreen Trees: Large evergreens which reach mature heights of fifty feet (50') or more.

   Evergreens: A plant which retains its green color year round and does not drop its fronds or needles in the winter.

   Ground Cover: Plants which are used for accents and/or soil stabilization and are typically twenty four inches (24") or less in height.

   Large Shrubs: Deciduous shrubs with mature natural growth over six feet (6') in height.

   Medium Shrubs: Deciduous shrubs with mature natural growth between four feet (4') and six feet (6') in height.

   Ornamental Trees: Often defined as "understory trees", used for color accents or where a large tree is not practical. A deciduous tree with a mature height under thirty feet (30').

   Overstory Trees: Large deciduous shade producing trees with a mature height over thirty feet (30').

   Perennial: A plant, usually a flowering species, having a life span more than two (2) years. Appears or blooms every year.

   Planting Schedule: A listing of all plants to be installed, identifying their common name, botanical name, plant size, root type, and quantity to be installed.

   Small Shrubs: Deciduous shrubs with mature natural growth less than four feet (4') in height.

   Spreading And Globe Evergreens: An evergreen shrub which maintains a natural global or spreading shape.

   Understory Trees: Often defined as "ornamental trees". Also could mean the small trees under the canopy of a wooded area.

   Upright Evergreens: An evergreen shrub which maintains a natural columnar or upright shape.

LEAST SUSCEPTIBLE WETLAND TYPE: A wetland characterized as a gravel pit, cultivated hydric soil, dredged material or fill, or material disposal site.

LIMITED INDUSTRIAL USE: A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts which do not generate excessive volumes of traffic on adjacent roadways.

LOADING SPACE: An off street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials. Required off street loading space is not to be included as off street parking space in computation of required off street parking space.

LOCAL GOVERNMENT UNIT (LGU): The city, unless otherwise designated by state, federal or local laws, or by agreement of governmental units authorized thereunder.

LOCAL WATER PLAN: The city's comprehensive surface water management plan.

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

LOT: A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof.

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

LOT, BUTT: Any lot located immediately between two (2) corner lots.

LOT, CORNER: A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty five degrees (135°).

LOT COVERAGE: The area of the lot occupied by the principal buildings and accessory buildings.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.

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

LOT LINE: The property line bordering a lot; except, that where any portion of a lot extends into the public right of way, the right of way shall be the lot line for purposes of this title.

LOT LINE, FRONT: The boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot, the front lot line shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city.

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

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

LOT OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or a registered land survey that has been recorded in the office of the county recorder of Scott County, Minnesota, prior to the effective date hereof.

LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the office of the county recorder upon or prior to the effective date hereof which does not meet the minimum lot area structure setbacks or other dimensional standards of this title.

LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this title.

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot at the setback line.

LOW FLOOR ELEVATION: The finished surface elevation of the lowest floor of a structure.

LOW OPENING ELEVATION: The elevation of any door, window, or above grade foundation penetration in a structure that would be first exposed to rising water approaching the exterior of the structure.

LUMBERYARD: A facility or yard where lumber and wood-related products used in construction and/or home improvement projects are processed, stored, and sold.

MALT LIQUOR: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

MANUFACTURING, HEAVY: All manufacturing, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to the following: sawmill, refineries, cement, flour, seed and grail milling or storage, meat packing, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, poisons, exterminating agents, glue or size, lime, gypsum, plaster or parts, tanneries, automobile parts, paper and paper products, glass, chemicals, plastics, crude oil and petroleum products, including storage, electric power generation facilities, vinegar works, junkyard, auto reduction yard, foundry, forge, casting of metal products, rock stone, cement products.

MANUFACTURED HOME: A structure not affixed to or part of real estate, transportable in one or more sections, which the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and which complies with the manufactured home building code established by Minnesota statutes section 327B.01, subdivision 13, as may be amended from time to time.

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

MANUFACTURING, LIGHT: All uses which include the compounding, processing, packaging, treatment, fabrication or assembly of products and materials, utilizing hand labor or quiet machinery or processes, provided such use will not emit offensive odors, glare, smoke, dust, noise, vibration or other objectionable influences that extend beyond the lot on which the use is located. Such uses include, but are not limited to, the following: machine shops, products assembly, sheet metal shops, plastics, electronics, signs and displays, printing publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.

METES AND BOUNDS: A method of property description whereby properties are described by means of their directions and distance from an easily identifiable location.

MICRODISTILLERY: A facility which manufactures, processes and warehouses Ethyl Alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for wholesale distribution in off-sale packages to retail liquor establishments and may retail distilled liquor produce for on site consumption in a cocktail room or for off site consumption. The annual production of distilled spirits shall not exceed forty thousand (40,000) proof gallons.

MINING: The extraction of sand, gravel, rock, soil or other material from the land in the amount of one thousand (1,000) cubic yards or more and the removing thereof from the site without processing. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit.

MINISTORAGE/SELF-SERVICE STORAGE FACILITY: A building or series of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and/or household goods.

MINNESOTA POLLUTION CONTROL AGENCY (MPCA): The state organization responsible for the NPDES/SDS permitting system.

MODEL HOME: A home which is similar to others in a residential development and which is open to public inspection for the purpose of selling said other homes. Such homes may include temporary real estate offices and shall be used solely for selling purposes of residential lots and/or other homes within the subdivision in which it is located or a nearby associated neighborhood.

MODERATELY SUSCEPTIBLE WETLAND TYPE: A wetland characterized as shrub-carr, alder thicket; fresh wet meadow not dominated by reed canary grass; or shallow or deep marsh not dominated by reed canary grass, cattail, giant reed, or purple loosestrife.

MODULAR HOME: A nonmobile housing unit that is fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.

MOTEL: A building or group of detached, semidetached, or attached buildings containing guestrooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods generally required in the operation and maintenance of motor vehicles and/or prepackaged food products and household items.

MOTOR VEHICLE SALES: The use of a building or land area for the display and sale of new or used automobiles, motorcycles, recreational vehicles and equipment, and/or boats and marine sales, that involve outdoor sales and display areas.

NPDES/SDS: National pollutant discharge elimination system (NPDES)/state disposal system (SDS). This permitting system is managed by the Minnesota Pollution Control Agency (MPCA).

NRCS: The Natural Resource Conservation Service.

NURP: The nationwide urban runoff program developed by the Environmental Protection Agency to treat stormwater runoff from urban development.

NONCONFORMING STRUCTURE OR USE: The use of land, buildings or structures legally existing at the effective date hereof which does not comply with all the regulations of this title or any amendments hereto governing the zoning district in which such use is located.

NORMAL WATER LEVEL (NWL): For a reservoir with a fixed overflow, the NWL is lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage.

NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants and shrubs, and which may be conducted within a building or without, for the purpose of landscape construction.

NURSING HOME: A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. A nursing home shall be licensed by the State Board of Health as provided in Minnesota Statutes section 144.50.

OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations including attorneys, financial advisors, consultants, insurance and other uses of similar character. This includes administrative services provided to persons both on-site and off-site, and on a walk- in or appointment basis.

OFFICE WAREHOUSE: A mix of office and warehouse uses where at least twenty five percent (25%) of the floor area of the building is devoted to office uses.

OFF-SALE: The sale of alcoholic beverages in original packages for consumption off the licensed premises only.

OFF STREET PARKING: An area, either a parking lot, driveway, or a garage, that provides off-street parking for vehicles.

ON-SALE: The sale of alcoholic beverages by the glass for consumption on the licensed premises only.

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

ORDINARY HIGH WATER MARK: A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.

OUTDOOR DINING/SEATING: A commercial seating area for business patrons which is not located in an enclosed building.

OUTDOOR DISPLAY: 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 title, any outdoor display exceeding the restrictions thereof as regulated in this title shall constitute outdoor storage.

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

OUTDOOR SERVICE: Labor, maintenance, and/or repair services provided outside of an enclosed building.

OUTDOOR STORAGE: Storage on any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street rights-of-way.

OUTLOT: A parcel of land on a plat with a future purpose which has not been designated as a buildable lot due to insufficient size or frontage, peculiar site characteristics, topographic problems or one which is not ready for development due to lack of public improvements.

OVERBURDEN: Those materials that lie between the surface of the earth and mineral deposits to be extracted.

OVERHANG, ROOF: That part of a roof that extends beyond the facade of a lower wall.

OWNER: Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land.

PARCEL: Any unit of land platted or described by metes and bounds or combination thereof subject to the subdivision ordinance and other City ordinances.

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

PARKING SPACE: A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.

PATIO: An at grade recreation area that is often paved and is typically designed especially for outdoor dining.

PEDESTRIANWAY: A public or private right-of-way across or within a block, to be used by pedestrians.

PERMIT: A permit issued by the City for a construction activity or land disturbing activity that is not excepted from this title. When the term "permit" is referred to in this title, it shall mean a grading permit, unless otherwise identified (i.e., building permit).

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

PERMITTEE: The person or political subdivision in whose name a permit is issued pursuant to this title.

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

PERSONAL SERVICES: Establishments which provide the following services: beauty and hair care, electrolysis, nail care, tanning, physical therapy, therapeutic massage, tattooing or other uses of similar character.

PERVIOUS SURFACE: Material that allows the natural infiltration of water into the soil.

PLAIN CONCRETE BLOCK: A masonry building block of cast concrete that has no additional surface texturing.

PLANNED UNIT DEVELOPMENT (PUD): A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this title, and/or whereby internal site design standard deviations from this title may be allowed to improve site design and operation.

PLANNING COMMISSION: The Planning Commission of the City of Elko New Market 1 .

PLAT: The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes chapter 505 and containing all elements and requirements set forth in the subdivision ordinance adopted pursuant to Minnesota Statutes section 462.358 and chapter 505.

PRECAST PANEL, ARCHITECTURAL: Factory manufactured wall panels utilizing premium level materials and finish including brick or stone veneers, form liner patterns, color pigmented concrete and finish techniques such as sandblasting, acid wash and hi-pressure washed finish surfaces. Panels can be cast with multiple textures and or patterns into each panel. Use of quoins, bullnose, lintel, sill or cap features may also be integrated into surface.

PRECAST PANEL, STANDARD CONCRETE: Standard factory manufactured wall panels which utilize standard grey concrete and a uniform pattern of standard rake or rib surface treatments.

PREFABRICATED HOME: A nonmobile housing unit, the walls, floors and ceilings of which are constructed at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.

PRINCIPAL BUILDING: The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

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

PRIVATE CLUBS OR LODGES: Any establishment operated for social, recreational or educational purposes but open only to members and guests and not to the general public.

PROOF GALLON: One liquid gallon of distilled spirits that is fifty (50) percent alcohol at sixty (60) degrees Fahrenheit.

PROPERTY LINE: The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like.

PROPERTY OWNER: Any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options, a dominant easement interest, or an option to purchase any of same, but not including owners of interest held for security purposes only.

PROTECTIVE COVENANT: A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

PUBLIC HEARING: A public hearing pursuant to a notice published in the official newspaper of the City, 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 IMPROVEMENT PROJECT: A public project, such as installation or maintenance of a road or utility, that provides a common benefit to the community.

PUBLIC LAND: Land owned or operated by municipal, school district, County, State or other governmental units.

PUBLIC UTILITY: Any person, firm, corporation, or Municipal department, board or commission duly authorized to furnish and furnishing under Federal, State or Municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, transportation or water, including buildings used by said persons, Municipal entities or corporations.

PUBLIC WATERS: Waters as defined in Minnesota Statutes section 103G.005, subdivision 15.

PUBLIC WATERS WETLAND: Public waters wetlands as defined in Minnesota Statutes section 103G.005, subdivision 15a.

RECLAMATION LAND: The improvement of land by deposition of material to elevate the grade. Any parcel upon which four hundred (400) cubic yards or more of fill are deposited shall be considered as reclaimed land.

RECREATION, COMMERCIAL: A business directed towards the general public that offers recreational entertainment such as bowling alleys, billiard halls, ballrooms, roller rinks, movie theaters, theaters, miniature golf, golf courses, driving ranges, tennis courts, ball fields and the like that are operated by a private enterprise with the intention of earning a profit by providing entertainment for the public.

RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet (20') in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses.

RECREATION, PHYSICAL: A business that provides physical exercise, training or recreation equipment or space for use on site. Health and fitness centers and clubs, dance studios, karate facilities and gymnastics facilities shall be considered examples of such use. Training or self-improvement shall be an important component of the activity, which is differentiated from commercial recreation uses.

RECREATION, PUBLIC: Includes all uses such as tennis courts, ball fields, trails, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

RECREATIONAL VEHICLE: Any motor vehicle or trailer primarily used for sport/leisure activities, travel, camping, hauling, and/or temporary lodging, including, but not limited to: all-terrain vehicles (ATV), campers, dirt bikes, dune buggies, go-karts, golf carts, ice or fish houses, motor homes, motorized watercrafts, snowmobiles, trailers, and utility task vehicles (UTV).

RECYCLING CENTER: A facility that is not a salvage yard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, within a completely enclosed building.

REDEVELOPMENT: The rebuilding, repair or alteration of a structure, land surface or facility which creates less than one-tenth (0.1) acre of new impervious surface, and/or involves greater than one acre of land disturbance, and/or for which over fifty percent (50%) of the parcel involved is disturbed by a land disturbing activity. Note, for the purposes of this title, if an activity creates more than one- tenth (0.1) acre of new or additional impervious surface, the activity is considered new development, and exceptions in this title for redevelopment do not apply to the increased (new) impervious surface exceeding one-tenth (0.1) acre.

RELIGIOUS INSTITUTION: A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

RELIGIOUS USE: A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

RESEARCH FACILITY: A facility where the primary activity is the discovering, interpreting and the development of methods and systems for the advancement of human knowledge on a wide variety of scientific matters, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility. Uses include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication, information technology, electronics, and instrumentation, and computer hardware and software.

RESIDENTIAL PROGRAM: Any program, defined by Minnesota Statutes section 245A.02, subdivision 14, and licensed by the State of Minnesota, that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including: a program in an intermediate care facility for four (4) or more persons with developmental disabilities; 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 Minnesota Statutes chapter 254B. Residential programs include home and community based services for persons with disabilities or persons age sixty five (65) and older that are provided in or outside of a person's own home.

RESTAURANT, FAST FOOD: An establishment that offers quick food service of items already prepared, prepackaged or quickly served. Orders are not generally taken at the customer's table but at an order/pick up counter or at a drive-through window. Food may be consumed on site or carried out.

RESTAURANT, SIT DOWN: A business establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, in individual servings, or in nondisposable containers, and where the customers consume these foods while seated at tables or counters located within the building.

RESTORATION: To renew land to self-sustaining, long term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this title.

RETAIL ESTABLISHMENT: Establishments displaying and selling products produced off site intended for sale directly to the consumer within a building or portion of a building.

RETAINING WALL: A structure constructed of wood, masonry block, or natural stone that is four feet (4') in height or taller and used to support or prevent the advancement of earth.

RETENTION: The prevention of direct discharge of stormwater runoff into receiving water or conveyance networks. Examples include systems which discharge through percolation, exfiltration, infiltration and evaporation processes which generally have residence times less than three (3) days.

RIGHT-OF-WAY: Land dedicated and publicly owned for use as a street, alley or crosswalk.

RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.

SWCD: The Scott County Soil and Water Conservation District.

SCHOOL: Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

SCREENING: A device or materials used to conceal one element of a development or use from other elements or from adjacent or contiguous development. Screening may include one or a combination of walls, berms, and plantings.

SECONDARY USE: 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.

SEDIMENT: The solid mineral or organic material that is in suspension, is being transported, or has been moved from its original location by erosion and has been deposited at another location.

SEDIMENTATION: The process or action of depositing sediment.

SERVICE ESTABLISHMENT: An establishment that provides labor, maintenance, repair services conducted within a building and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as shoe repair shop, seamstress or tailor shop, laundromats, animal grooming, computer repair, appliance repair or other uses of similar character.

SETBACK: The minimum distance between the building line and related front, side and rear property lines.

SETBACK LINES: Lines that delineate the required distances for the location of a structure in relation to the perimeter of the property.

SEXUALLY ORIENTED BUSINESS: A sexually oriented arcade; sexually oriented bookstore; sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; 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.

   Specified Anatomical Area: Includes either of the following:

      A.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

      B.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

   Specified Sexual Activities: Includes any of the following:

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

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

      C.   Masturbation, actual or simulated; or

      D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A, B and C of this definition.

SEXUALLY ORIENTED BUSINESS, ACCESSORY: 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 sexually oriented books or magazines, or the sale of and/or rental of sexually oriented motion pictures.

SEXUALLY ORIENTED BUSINESS, PRINCIPAL: 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: 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.

   Escort Agency: 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:

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

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

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

      D.   The relocation of any sexually oriented business.

   Nude Model Studio: Any place where a person who appears in a state of nudity or displays specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

   Nudity Or State Of Nudity:

      A.   The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or

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

   Seminude: 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.

   Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

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

      B.   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 seminudity.

   Sexually Oriented Arcade: 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 (5) 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 Or Sexually Oriented Video Store: 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: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact disks, computer software, digital recordings, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas, instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

   Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

      A.   Persons who appear seminude or in a state of nudity; or

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

      C.   Films, motion pictures, videocassettes, slides, compact disks, 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: 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: 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: A hotel, motel, or similar commercial establishment which:

      A.   Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual 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; or

      B.   Offers a sleeping room for rent for a period of time that is less than ten (10) hours or an hourly basis; or

      C.   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours or an hourly basis.

   Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, 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: 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, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

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

SHIPPING CONTAINER: A large, steel box designed and built to transport goods by sea or land. In the container industry, they are referred to as ISO or Intermodel Containers.

SIGN RELATED DEFINITIONS:

   Address Sign: A sign consisting of identification numbers only, either in written or numerical form.

   Advertising Sign: 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.

   Animation Sign: A sign that incorporates the rapid display of images used to create an illusion of movement, a special effect, or scene.

   Area Identification Sign: A freestanding sign identifying the name of an office or business structure containing two (2) or more independent operations; a single business consisting of three (3) or more separate structures; or any integrated combination of the above. The sign shall only identify an area, complex or development and shall not, unless approved by the city council, contain the name of individual owners or tenants. The sign may not contain advertising.

   Awning/Canopy: A nonrigid hood or cover projecting from a building, which may be folded, collapsed, or retracted against the building.

   Balloon Sign/Inflatable: A temporary sign that is printed, painted or attached to a balloon and fastened or confined so as to keep it within certain bounds.

   Banner Sign: Any temporary sign of lightweight fabric or similar material intended to be hung, either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

   Beacon: Any light with one or more beams, capable of being revolved automatically or being directed into the atmosphere or directed at one or more points not on the same lot as the light source.

   Bench Sign: A sign attached to or painted on a bench for seating.

   Building Marker: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure.

   Business Sign: A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities thereon.

   Changeable Copy Sign: A sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure.

   Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include public signs.

   Construction Sign: A sign giving the project name, names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

   Directional Sign, On Premises: A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions which may have a commercial message or logo.

   Directory Sign: A sign on which the names and/or locations of occupants or the use of a building is given. This shall include office buildings and church directories.

   Election Sign: A temporary, noncommercial sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.

   Electronic Graphic Display Sign (Dynamic Sign): A sign or portion thereof that displays movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structure element and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method of technology that allows the sign face to present a series of images or displays.

   Erect: To build, construct, attach, hang, place, suspend, or affix and also includes the painting of wall signs.

   Flashing Sign: A sign which incorporates a sudden and momentary emission of artificial light or color effect. Prohibited flashing signs shall include signs which are displayed as continuous solid messages for less time than required by chapter 12 of this title.

   Frame Effects: Visual transitions from one display or scene to another rather than a direct frame switch. Frame effects include fading or dissolving the frame, wiping one frame over another and flipping the frame.

   Ground Monument Sign: A block type sign structure not supported by poles or braces, but rather placed directly on the ground that does not exceed seven feet (7') in height. A ground monument sign shall be considered as one sign though it may have two (2) faces.

   Home Occupation Sign: Advertisement of a business located within a residential dwelling unit. The sign appearance is aesthetically appealing and has restricted square footage and height requirements so as to blend in with the character of the residential development.

   Illuminated Sign: Any sign which has characters, letters, design or outlines illuminated by artificial light direct to or from the interior of the sign.

   Incidental Sign: A sign, generally informational, that has a purpose secondary to the business use of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message shall be considered incidental.

   Institutional Sign: A sign which identifies the name and other characteristics of a public or semipublic institution on the site where the sign is located.

   Legal Nonconforming Sign: Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this title, and any amendments hereto, and which fails to conform to all applicable regulations and restrictions of this title.

   Marquee Sign: Any sign attached to or made a part of a marquee. A "marquee" is defined as a permanent rooflike structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather.

   Menu Board: A sign that indicates selections available at businesses that serve customers via automobiles, such as a fast food establishment.

   Message Sign (Electronic): A message sign which shows messages and graphics that are changed by electrical pulsations.

   Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and, when properly functioning, allows, on a single sign structure, the display at any given time one of two (2) or more images.

   Nameplate Sign: An on premises sign which provides the name or address, or both, of the owner or occupant of a building or premises.

   Noncommercial Sign: Any sign which does not relate to a product, good or service that is sold or rendered by a commercial enterprise, or which is not in the nature of commercial advertising for such an enterprise.

   Off Premises Announcement Sign: Announcements of public concerts, plays, lectures, and club activities and the like placed in the windows of consenting businesses.

   Off Premises Commercial Advertising Sign: A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods and/or services, any part of which is not sold, produced, assembled, manufactured or furnished or otherwise related to activities on the premises on which such is located. Off premises commercial advertising signs shall not be permitted in any zoning district. For the purpose of this title, an off premises subdivision identification sign shall not be considered an off premises commercial advertising sign.

   Painted Wall Sign: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign.

   Pennant/Streamer: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

   Portable Sign: Any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels and signs converted to A- or T-frames.

   Projecting Sign: Any sign, other than a wall sign, affixed to any building or wall whose leading edge extends beyond the building or wall.

   Public Sign: Any sign placed, erected or maintained by a governmental entity or agency for identification of or directions to a public facility or street or for traffic control or the general public.

   Pylon Sign/Freestanding: Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure, which exceeds seven feet (7') in height. A freestanding/pylon sign shall be considered as one though it may have two (2) faces.

   Real Estate Sign: A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease of a particular building and/or parcel of property.

   Roof Sign: Any sign permanently affixed to the roof of a building.

   Roofline: The lowest plane at which the eternal upper covering begins.

   Rotating Sign: A sign which revolves or rotates on its axis by mechanical means.

   School Sign: A sign advertising a school name, type of education or instruction.

   Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image.

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

   Snipe Sign: Sign(s) of any material whatsoever that is painted on or attached in any way to a utility pole, tree, rock or any object located or situated on public or private property.

   Street Banner: A banner sign which is stretched across and hung over a public right-of-way which advertises a public entertainment or event.

   Street Frontage: The proximity of a parcel of land to one (1) or more streets, public or private. An interior lot has one (1) street frontage, and corner lots and through lots have two (2) frontages.

   Temporary Sign: A sign erected or displayed for a specified period of time and is not permanently mounted.

   Traffic Interference Signs: Signs erected that, by reason of position, shape or color, would interfere in any way with the proper functioning or purpose of a traffic sign or signal.

   Vehicle Sign: A sign on a vehicle not customarily and regularly used to transport persons or properties.

   Video Display (Sign): A visual representation that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text, and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video displays include projected images or messages with these characteristics onto buildings or other objects.

   Wall Sign: Any sign attached parallel to a wall which projects less than fifteen inches (15") from the surface at all points of the building or structure, and which displays only one (1) sign surface.

   Window Sign: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or within thirty six inches (36") of a window, or upon the window panes or glass and is visible from the exterior of the building.

   Yard/Garage Sale Sign: A sign used to communicate information about a yard/garage sale activity.

SLIGHTLY SUSCEPTIBLE WETLAND TYPE: A wetland characterized as a floodplain forest; fresh wet meadow dominated by reed canary grass; or a shallow or deep marsh dominated by reed canary grass, cattail, giant reed, or purple loosestrife.

SPEEDWAY RELATED DEFINITIONS:

   Limited Holidays: Only Labor Day, Memorial Day and Independence Day.

   Motocross Speedway: Any speedway used for cross country motorcycle racing.

   Nonracing Event: Any private or public gathering of individuals held at a speedway that does not meet the definition of a "racing event" and that includes or is similar to the following activities:

      Art fairs

      Auctions

      Car/motorcycle shows

      Carnivals

      Circuses

      Community fairs and events

      Community walk/runs

      Corporate events

      Driving schools

      Festivals

      Food and wine tasting

      Fundraisers

      Funerals/weddings/graduations

      "Haunted hayrides/houses"

      Holiday family events

      Marching band competitions

      Police/firefighter training

      Swap meets/flea markets/farmers' markets

   Practice/Time Trial: A single day event involving motor vehicles prepping for a future race at the speedway that is not a contest or show.

   Quarter Midget Speedway: Any speedway used for racing miniature racecars which attain speeds no greater than fifty (50) miles per hour, with power supplied by an engine no greater than 250cc.

   Racing Event: Any single day event, show, race, or other attraction to be held at a speedway involving a contest of motor vehicles.

   Speedway: Any place or open space designed or used as a speedway, racetrack, motocross track or other sport which involves vehicles propelled by internal combustion powered engines.

   Speedway Concourse: The areas outside of the speedway tracks that have been authorized for non-race events under title or approved PUD.

STABILIZED: Exposed ground surface that has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization.

STANDARD: A preferred or desired level of quantity, quality, or value.

STORMWATER DETENTION POND: A natural or created ponding area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are "dry detention ponds". Ponding areas that provide temporary storage in combination with a permanent wet pool are "wet detention ponds".

STORMWATER MANAGEMENT PLAN: A plan for the permanent management and control of stormwater and site construction runoff prepared and implemented in accordance with the standards set forth in the stormwater management regulations.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A plan of BMPs designed to minimize erosion and to retain and control sediment on site during the period of land disturbing activities in accordance with the standards set forth by MPCA and in the erosion and sediment control regulations.

STORMWATER QUALITY POND: A created ponding area that provides a permanent pool for the purpose of sediment and pollutant removal.

STORMWATER RETENTION POND: A natural or created ponding area which provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff from which the only release of flow is by infiltration or evaporation.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story.

STREET: A public right of way which affords a primary means of access to abutting property, and shall also include avenue, highway, road, or way.

STRUCTURAL ALTERATION: Any change, other than incidental repairs, which could prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE: 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.

STRUCTURE, PUBLIC: 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.

SUBDIVIDER: Any person who undertakes the subdivision of land as defined in the Elko New Market subdivision ordinance. The subdivider may be the owner or the authorized agent of the owner of the land to be subdivided.

SUBDIVISION: The division of a lot, tract, or parcel of land as defined by the Elko New Market subdivision ordinance.

SURFACE WATER: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private.

SWIMMING POOL RELATED DEFINITIONS:

   Storable/Portable Swimming Or Wading Pool: A pool with nonmetallic, molded polymeric walls or inflatable fabric walls, constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity.

   Swimming Pool: Any structure intended for swimming or recreational bathing that contains water over twenty four inches (24") (610 mm) deep. This includes inground, aboveground and onground swimming pools, and fixed in place wading pools.

   Swimming Pool Barrier: A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

   Swimming Pool, Hot Tub Or Spa: Any outdoor structures which are intended for swimming or recreational bathing and contain or are capable of containing water over twenty four inches (24") deep, except storable/portable swimming or wading pools. The structure may be constructed, installed or located inground, above ground or onground and may include permanent swimming pools, hot tubs and spas. Any regulation applicable or with reference to the term "swimming pool" within this title shall also include and be applicable to an outdoor hot tub or spa.

TAPROOM: A room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced on site.

TEMPORARY SEASONAL OUTDOOR SALES: Onetime sidewalk sales, Christmas tree sales, seasonal supply sales, special event sales, and similar activities conducted by the operator(s) of a legitimate established business within the appropriate zoning district in the city of Elko New Market.

TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue the use upon the expiration of the specified time period.

TOPSOIL: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation.

TOWER/ANTENNA RELATED DEFINITIONS:

   Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas.

   Collocation: The location of more than one antenna or set of antennas of more than one government or commercial wireless communication service provided on the same tower structure.

   Fall Zone: The area on the ground within a prescribed radius from the base of a personal wireless facility. The fall zone is the area within which there is a potential hazard from falling debris. Examples of this could be ice or collapsing material.

   Personal Wireless Service: A device consisting of a metal, carbon, fiber, or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communications including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services.

   Public Or Commercial Radio And Television, Broadcast Transmitting: 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.

   Public Utility Microwave: 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 support structure thereof.

   Radio And Television Receiving: A wire, set of wires, metal or carbon fiber element(s) other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof.

   Satellite Dish: 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. 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 and support structure thereof.

   Satellite Dish Height: The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna.

   Secondary Use: 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.

   Short Wave Radio Transmitting And Receiving: 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 and citizen band radio communications, and including the supporting structure thereof.

   Structure, Public: 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.

   Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.

   Tower, Single User: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this title.

   Tower, Temporary Mobile: 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, which is commonly referred to as "cellular on wheels (COW)".

TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted including the dispensing of motor fuel and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses.

TRUCK TERMINAL: 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.

USE: 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.

VARIANCE: A modification or variation of the provisions of this title as applied to a specific property and granted pursuant to the standards and procedures of this title, 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.

VEGETATION: The sum total of plant life in some area or a plant community with distinguishable characteristics.

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

WAREHOUSE AND DISTRIBUTION: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

WATER BASIN: An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters.

WATER BODY: All "surface waters", "water basins", "watercourses", and "wetlands" as defined in this section.

WATERCOURSE: Any natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite direction.

WATERS OF THE STATE: As defined in Minnesota Statutes section 103G.005, subdivision 17.

WATERSHED: A region draining to a specific watercourse or water basin.

WELLHEAD PROTECTION PLAN (WHP): A document that provides for the protection of a public water supply, submitted to the Minnesota Department of Health, implemented by the public water supplier, and complies with: a) the wellhead protection elements specified in the 1986 amendments to the Federal Safe Drinking Water Act, United States Code, title 42, chapter 6A, subchapter XII, part C, section 300h-7 (1986 and as subsequently amended); and b) Minnesota Rules parts 4720.5200 to 4720.5290.

WETLAND CONSERVATION ACT (WCA): The Minnesota Wetland Conservation Act of 1991, as may be amended 2 .

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

   A.   A predominance of hydric soils;

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

   C.   Under normal circumstances, support a prevalence of such vegetation.

WHOLESALE BUSINESS: The selling of goods to merchants, usually in large quantities for resale to consumers selling or related to selling goods in large quantities for resale to the customer.

WHOLESALE SHOWROOM: The selling of goods to merchants, usually in large quantities for resale to consumers selling or related to selling goods in large quantities for resale to the customer.

YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this title. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

YARD, FRONT: A space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

YARD/GARAGE SALE: An infrequent, temporary display and sale, by an occupant, on his or her premises of personal items, including general household rummage, used clothing and appliances, provided the exchange or sale of merchandise is conducted within the residence or accessory structure.

YARD, REAR: A space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. For corner lots, the rear yard shall be a space extending from the secondary front yard to the interior side lot line between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.

YARD, SECONDARY FRONT: A space adjacent to a street which extends along a side lot line between the front yard and rear lot line to a depth required by the front or street setback regulations for the zoning district in which such a lot is located.

YARD, SIDE: A space extend ing from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular to the building from the closest point of the building to the side lot line. For corner lots, the side yard adjacent to the street shall be a space extending form the front yard to the rear yard between the secondary front yard to the principal building and measured perpendicular to the building at the closest point to the rear lot line.

ZERO LOT LINE: A type of development that allows one of the sides or front of the principal structure to be located immediately adjacent to the front or side lot line.

ZONING ADMINISTRATOR: The duly appointed person charged with enforcement of this title.

ZONING AMENDMENT: A change authorized by the Governing Body either in the allowed use within a district or in the boundaries of a district.

ZONING DISTRICT: An area or areas within the limits of the City of Elko New Market for which the regulations and requirements governing use are uniform. (Ord. 5, 12-14-2006; amd. Ord. 9, 6-28-2007; Ord. 30, 10-23-2008; Ord. 53, 5-13-2010; Ord. 55, 7-22-2010; 2011 Code; Ord. 75, 8-25-2011; Ord. 76, 8-25-2011; Ord. 81, 12-1-2011; Ord. 85, 12-1-2011; Ord. 97, 6-28-2012; Ord. 111, 7-24-2014; Ord. 130, 4-28-2016, eff. 6-1-2016; Ord. 134, 5-26-2016; Ord. 143, 10-27-2016; Ord. 150, 3-23-2017; Ord. 166, 2-22-2018; Ord. 172, 7-26-2018; Ord. 179, 10-25-2018; Ord. 181, 12-20-2018; Ord. 208, 2-13-2020; Ord. 222, 1-14-2021; Ord. 225, 1-28-2021; Ord. 231, 6-10-2021; Ord. 244, 3-10-2022; Ord. 285, 2-8-2024; Ord. 308, 10-10-2024; Ord. 309, 11-14- 2024)