Unless otherwise noted herein, the words and phrases contained in Minn. Stat. § 342.01, the rules promulgated by the Office of Cannabis Management pursuant to the Act, or City Code Article XIX shall have the meanings ascribed therein and as may be amended from time to time. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory Structure: A structure (other than a garden or play structure) subordinate to the principal structure, on the same lot, and serving a purpose customarily incidental to the principal structure except as provided for essential services.

Accessory Use: A use subordinate to the principal use of the lot, occurring on the same lot, and serving a purpose customarily incidental to the principal use.

Adult Day Care Center: A facility licensed by the State that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator. The term "functionally impaired adult" means an adult having a condition that includes:

(1)

Having substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working

(2)

Having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and

(3)

Requiring support to maintain independence in the community.

Affected Persons: Any or all persons or entities who/which own property located within 500 feet of the subject premises under zoning review.

Alley: A public or private way providing a secondary means of access to abutting property.

Apartment: A room or suite of rooms in a multifamily or multi-use building arranged and intended as a place of residence for a single-family or a group of individuals living together as a single housekeeping unit.

Apartment Building: Any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

Automobile Sales: An open or enclosed area, other than a street, used for the display, sale, or rental of new and used motor vehicles in operable condition.

Average Grade: The average of the finished elevation of a structure taken at three points along a building line facing a street. If the structure faces more than one street, the average grade shall incorporate all sides facing the street.

Basement: That portion of a building with at least three walls having at least one-half or more of their floor-to-ceiling height underground.

Brewery: An establishment licensed by the City for the manufacture of malt liquors, such as beer and ale, for sale in sealed containers for consumption off the premises.

Brewpub: A Class III restaurant establishment, as defined in this section, that is also licensed by the City to brew malt liquor, such as beer or ale, on site for sale and consumption on the premises, or for sale in sealed containers for consumption off the premises.

Buildable Area (Building Envelope): That portion of a lot which is exclusive of all yards, below the established maximum height, and within which principal and accessory structures may be constructed.

Building: Any structure for the shelter or enclosure of persons, animals or property of any kind and when separated by dividing walls without openings, each portion of such buildings, so separated, shall be deemed a separate building.

Building Height: The vertical distance or height of a structure shall be measured from the average grade at the front building line (street side) to the average height of the highest pitched roof or the highest point of a flat roof structure. In the case of a corner lot, the average grade is measured from all sides of the structure facing a street. The grade or average grade of a lot is established at the time of subdivision approval by the City. If the grade or average grade was not established at the time of subdivision approval by the City, the City Manager or his/her designee shall establish the average grade prior to construction of the structure.

Business: Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.

Cannabinoid: any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol (THC), low-potency THC, lower-potency hemp, and cannabidiol. Cannabinoid does not include cannabidiol.

Cannabis Combination Businesses: A business licensed for more than one of the following cannabis uses: cannabis cultivation, cannabis manufacturing, or retail sales to customers or another licensed cannabis business. Cannabis combination business includes a medical cannabis combination businesses operating a retail location.

Cannabis Cultivation: A cannabis business licensed to plant and grow cannabinoid plants indoors from seed or immature plant to mature plant; harvest cannabinoid flower from mature plant; dry, cure, grade or trim any cannabinoid plants or plant parts; package and label cannabinoid immature plants and seedlings, or cannabinoid flower or plant parts for sale to other cannabis businesses; transport cannabinoid flower to a cannabis manufacturer located on the same premises; and perform other actions approved by the office. All business activities excluding transport shall occur indoors only.

Cannabis Manufacturing: Includes activities related to the manufacturing, processing, and extraction of raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals.

Car Wash: A building and/or premises used principally for washing and cleaning automobiles, using either manual or automatic production line methods.

Cemetery: Land used or intended to be used for the burial of human dead and dedicated for such purposes.

Child Care: A service provided to the public in which children of school or pre-school age are cared for during established business hours.

(1)

Child Care Center: A nonresidential facility in which children of school or pre-school age are cared for by licensed providers during established business hours. No overnight accommodations are provided; the children are delivered and removed daily.

(2)

In-Home Child Care: A licensed service in a residential setting in which care and supervision for children who are of school or pre-school age is provided during part of a day (less than 24 hours) with no overnight accommodations or facilities, and children are delivered and removed daily.

Clinic: A building, the principal use of which is the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but who are neither provided with board or room, nor kept overnight on the premises.

Club: A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Cocktail Room: A facility accessory to a microdistillery that is licensed by the City for the on-sale consumption of distilled spirits produced by the distiller pursuant to Minn. Stats. § 340A.22.

Congregate Housing: Housing for the elderly and/or disabled, which provides at least one prepared meal per day in a common dining room, and which may also provide certain medical and social services.

Consumer Small Loan Lender: Any person or business that has as its primary activity the providing of consumer small loans for the borrower's own personal, family, or household purpose. A consumer small loan is a short-term, unsecured loan to be repaid in a single installment. Consumer small loan lenders do not include banks.

Convalescent Home (Extended Care): Any building or group of buildings providing personal assistance or nursing care for those dependent upon the services by reason of age or physical or mental impairment but not for the treatment of contagious diseases, addiction, or mental illness, usually of a temporary duration.

Convenience Food Stores: A building where food items (groceries, meats, etc.), beverages, and other retail items are sold along with hot or cold foods in or on disposable containers in individual servings for consumption on or off the premises.

Cosmetology Services: Any facility providing retail goods or services related to personal care and beauty products. This includes but is not limited to barbershops, hair and nail salons, estheticians, and tanning facilities.

Currency Exchange: Any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. The term does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1.00 or one percent of the value of the check or draft, whichever is greater.

Deck: An exterior floor system that exceeds 25 square feet in floor area, has no roof structure, and is a minimum of eight inches above grade at any point around its perimeter.

Display Window: A window at street level, typically part of a storefront facade, used to display merchandise.

Distillery: An establishment licensed by the State for the manufacture of distilled spirits in total quantity exceeding 40,000 proof gallons in a calendar year.

District: Any section of the City as shown on the Official Zoning Map of the City, for which the regulations governing the use of buildings and lot and the height and area of buildings are uniform.

Dwelling: Any building, or part thereof, which is designed or used exclusively for residential purposes of one or more human beings, either permanently or transiently.

Dwelling, Multifamily: A building or portion thereof designed for or occupied by three or more families and containing three or more dwelling units.

Dwelling - Senior and Disability Housing: A multifamily dwelling with open occupancy limited to disabled persons and/or persons over 55 years of age requiring services, except that no more than 10 percent of the occupants (excluding disabled persons) may be persons under 55 years of age (spouse of a person over 55 years of age or caretakers, etc.).

Dwelling, Single-Family: A building designed for or occupied by one family and containing one dwelling unit.

Dwelling, Two-Family: A building designed for or occupied by two families and containing two dwelling units.

Dwelling Unit: A single, secure space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation.

Essential Services: A structure or facility owned by a government entity, a nonprofit organization, a corporation, or any other entity used in connection with the collection, delivery, generation, production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or water. Essential services shall be classified as follows:

(1)

Class I: Pipes or wires for cable television, electric power, gas, sewer, telecommunications lines or water services; together with supporting poles or structures and necessary related equipment; located within a public right-of-way or utility easement and in full conformance with any applicable local, State, or Federal regulations.

(2)

Class II: Public utility facilities completely enclosed within buildings not to exceed 12 feet in height or 600 square feet in gross floor area.

(3)

Class III: Peaking stations, substations, switching stations, included related equipment, associated offices, or other technical facilities for any of the preceding.

Family: One or more persons each related to the other by blood, marriage, or adoption, or a group of not more than five persons not all so related, maintaining a common household and using common cooking and kitchen facilities.

Floor Area, Gross: The sum of the gross horizontal areas of the floor of such building measured from the exterior faces and exterior walls or from the centerline of party walls separating two buildings. Basements devoted to storage and space devoted to off-street parking shall not be included.

Foster Family Home: A family home licensed by the State to care for up to seven children under 18 years of age (including the family's own children under 18 years of age).

Foster Family Home, Group: A family home licensed by the State to care for up to 10 children under 18 years of age (including the family's own children under 18 years of age).

Garage, Private: An enclosed area designed or used for the storage of motor vehicles, not more than two of which are owned by those other than the occupants of the building.

Garage, Repair: Any facilities for the repair or maintenance of motor vehicles, but not including factory assembly, dismantling, or disassembling of used motor vehicles, trailers, or their parts.

Garden Structure: A permanent outdoor fireplace or grill, or a freestanding or attached structure such as a pergola or arbor, which serves a primarily aesthetic purpose customarily incidental to the principal structure. Garden structures do not include greenhouses, gazebos, or fencing.

Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk at the point where it meets a structure, excluding window wells. For the purposes of establishing building height, grade shall be measured on the street side of a property.

Greenhouse, Accessory: An accessory structure typically made of glass or similarly transparent or translucent structure used for the cultivation and protection of plants which cannot be grown outside during all seasons.

Greenhouse, Commercial: A fully enclosed permanent structure, often clad in transparent material, with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation, including cannabis or medical cannabis cultivation.

Heliport: Any land and/or structure used or intended for use for the landing and take-off of helicopters and any appurtenant land or rights-of-way and/or structure used or intended for use as a port building or port structure, which land and/or structure meets the requirements and regulations set forth by the Federal Aviation Administration and the State Department of Transportation.

Home Occupation: An accessory use of a dwelling, excluding an attached garage or other accessory structure, which is conducted entirely within the dwelling. (In-home child care licensed by the State is not considered a home occupation.)

Hospital: An institutional facility providing health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient department, training facilities, central service facilities, and staff offices which are an integral part of the facility.

Hotel/Motel: A building in which lodging with or without meals is provided and offered to transient guests for compensation.

Impervious Surface: Any surface that cannot be effectively penetrated by water, thereby resulting in runoff, such as pavement (asphalt, concrete), buildings, structures, driveways and roadways, parking lots, sidewalks, and swimming pools.

Indoor Entertainment and Amusement: An establishment primarily engaged in activities intended to provide personal entertainment or amusement and where food and refreshments may be provided as an incidental service, including such uses as bowling alleys, video and virtual reality arcades, escape rooms, and indoor theaters (live or motion picture).

Kennel: A structure in which more than three dogs are housed which dogs are at least 90 days of age.

Kitchen: A room containing cabinets, shelves, countertops, and any two of the following: a sink, a range, or refrigerator.

Kitchenette: A room containing both an operable sink and a refrigerator measuring not more than six cubic feet.

Live-Work Unit: A dwelling unit in combination with a shop, office, studio, or other work space within the same building, where the resident occupant both lives and works.

Lot: A parcel of land intended for occupancy by one principal structure and any accessory structures and of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required by this Code. All lots shall have frontage on an improved public street and consist of a single lot of record or a parcel of land that has been historically described by metes and bounds.

(1)

Lot, Corner: A lot located at the intersection of two or more streets.

(2)

Lot, Interior: A lot other than a corner lot with frontage on only one street other than an alley.

(3)

Lot, Through: A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as double frontage lots.

Lot Coverage: The percentage of a lot which, when viewed in its horizontal plane, would be covered by a structure, or any part thereof.

(Lot) Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in this section.

Lot Line, Front: The front lot line shall be the boundary of a lot which is along an existing or dedicated street. In the case of a corner lot, any lot line along an existing or dedicated street shall be considered a front lot line.

Lot Line, Rear: The rear lot line shall be the boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. In the case of a corner lot, the rear lot line shall be the line opposite the front lot line with the narrower frontage. In the case of the front lot lines being equal in length, the City Manager, or his/her designee, shall determine the front lot line. In the case of a triangular shaped lot, the rear lot line shall be a line 10 feet in length within the lot at the maximum distance from the front lot line. There shall only be one rear lot line.

Lot Line, Side: The side lot line shall be any boundary of a lot which is not a front lot line or a rear lot line.

Lot Measurements:

(1)

Area: The area of a lot shall be computed from the area contained in a horizontal plane defined by the lot lines.

(2)

Depth: The shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the street right-of-way.

(3)

Width: The minimum required horizontal distance between the side lot lines, measured at right angles to the lot depth, at the minimum front yard setback line.

Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.

Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Registrar of Titles of the County, or a lot described by metes and bounds, the description of which has been recorded in the office of the Registrar of Titles of the County.

Manufactured Home: A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is designed to be used as a dwelling unit with a permanent foundation in conformance with Chapter 29 of the State Uniform Building Code when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which has a roof design in conformance with Section 3203(d) of the State Uniform Building Code; except that the term "manufactured home" shall also include any structure which complies with the State Manufactured Home Building Code set forth in Minn. Stats. §§ 327.31 to 327.36, which complies with the "Rules for Manufactured Homes" set forth in 2 MCAR 1350.0100—1350.9200, and which meets the standards of and is certified by the U.S. Department of Housing and Urban Development.

Manufactured Home Park: A site, lot, field, or tract of land upon which two or more manufactured homes are located, including any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.

Microdistillery: An establishment licensed by the State for the manufacture of distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.

Nonconforming Building or Structure: Any building or structure lawfully occupied by a use, or lawfully established on the effective date of the ordinance from which this section is derived, or amendments thereto, which does not conform with the regulations of this chapter.

Nonconforming Use: A land use or premises legally existing and/or in use on the effective date of the ordinance from which this section is derived, or amendments thereto, which does not comply with the use provisions of this chapter for the district in which the land use or premises is located.

Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a bar or restaurant or to allow for retail sales or services to be performed outside of a principal structure on a temporary basis. Outdoor service areas are not allowed in association with home occupations.

Nursing Home: A building having accommodations where inpatient care is provided for five or more infirm, convalescent, or physically disabled persons who are not members of the same family; but not including hospitals, clinics, or similar institutions.

Office of Cannabis Management or OCM: Minnesota Office of Cannabis Management.

Open Sales Lots: Any lot used or occupied for the purpose of buying, selling, or storing (prior to sale) automobiles, motor scooters, motorcycles, boats, trailers, aircraft, or monuments.

Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a bar or restaurant or to allow for retail sales or services to be performed outside of a principal structure on a temporary basis. Outdoor service areas are not allowed in association with home occupations.

Open Sales Lots: Any lot used or occupied for the purpose of buying, selling, or storing (prior to sale) automobiles, motor scooters, motorcycles, boats, trailers, aircraft, or monuments.

Out-Patient Surgical Facility: A building, other than a hospital or clinic, where minor surgery is performed on humans by qualified surgeons on an outpatient basis, and not requiring a patient to stay overnight in such facility.

Park: An outdoor area of natural or semi-natural vegetation and landscaping, designed to serve the recreation needs of the community or to protect wildlife and natural habitats, and often including facilities such as buildings, playgrounds, athletic fields, and trails.

Personal Motorized Recreational Vehicle: A motor vehicle used for recreational purposes, including, but not limited to, all-terrain vehicles, golf carts, personal watercraft, snowmobiles, or dirt bikes.

Pervious/Permeable Surface: A surface that allows precipitation to infiltrate into the ground.

Place of Worship: A building or portion thereof, together with its accessory buildings and uses, of which the principal use is the regular assembly of a group of individuals for religious worship, ceremonies, or events.

Plat: A map, drawing or chart prepared by a registered land surveyor depicting the layout of a subdivision of land approved by the City in accordance with provisions of Chapter 109, pertaining to subdivisions, and other applicable City Code provisions and recorded in the property records of the County.

Play Area: A small park developed primarily for use by children, which typically contains play equipment, seating, and may include other facilities such as basketball or tennis courts.

Play Structure: Freestanding equipment such as a swing set, slide, climbing wall, or other outdoor structures, used by children for play and serving a primarily recreational purpose customarily incidental to the principal structure.

Plaza: An open space that is generally open to the public and used for passive recreational activities and relaxation, typically provided with amenities such as seating, paving, water features, public art, shade trees, grass and other landscaping.

Principal Structure: A structure in which the principal use of a lot is conducted.

Principal Use: The purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied.

Rain Garden: An outdoor strategically located low area, with plants, that intercepts stormwater runoff, slows the water down in order to prevent erosion, and allows it to be absorbed into the ground. In many cases, the plants utilized are chosen for their ability to remove pollutants.

Recreational Camping Vehicle: Any of the following:

(1)

Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, and permanently identified as a travel trailer by the manufacturer of the trailer.

(2)

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

(3)

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

(4)

Camping Trailer: A folding structure, mounted on wheels and designed for travel, recreation, and vacation use.

Recycling Drop-Off Facility: A facility used for the collection, sorting, storage, and transfer of non-hazardous and non-organic materials for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use.

Recycling Facility: A facility used to prepare non-hazardous and non-organic materials for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use.

Residential Facility: Any facility licensed by the State (except for foster family homes) public or private, which for gain or otherwise, provides one or more persons with 24-hour-per-day care including food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment. Residential facilities include, but are not limited to, State institutions under the control of the Commissioner of Public Welfare, residential treatment centers, maternity shelters, group homes, halfway houses, residential programs or schools for disabled children.

Restaurant, Class I: Any traditional restaurant where food is served to customers and consumed on the premises while seated at a counter or table, including cafeterias where food is selected by a customer while going through a service line and taken to a table for consumption.

Restaurant, Class II: A fast-food restaurant where customers order at a counter or drive-through window and food is consumed at a table or taken off the premises. Class II restaurants also include drive-through restaurants where some or all customers purchase or consume their food in an automobile regardless of how it is served, and further includes carry-out and delivery restaurants where food is prepared for consumption off the premises only.

Restaurant, Class III: Any type of night club, tavern, restaurant, or other facility providing entertainment, food and/or beverage that provides sit-down service, but may also provide standup bar service and standup tables within the premises.

Retail Sales: Any sale, lease, or rental of tangible personal property (goods) or services for any purpose other than resale, sublease, or subrent, and includes Cannabis Retailers.

Rowhouse: A building consisting of a row of contiguous single-family attached dwelling units joined only by shared sidewalls and with each unit having separate and individual front and rear entrances.

Sacred Community: A residential settlement established on or contiguous to the grounds of a religious institution's primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers that meets the requirements of Minn. Stat. § 327.30.

School - Primary, Secondary, College, or University: Any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable laws of the State.

Seasonal Farm Produce Sales: The sale, from an outdoor location which may include a temporary booth or truck bed, by vendors who are not a part of the normal business otherwise occurring on the site, or Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site.

Service Station (Gasoline Station): Any building or premises used principally for the dispensing, sale, or offering for sale at retail of automobile fuels or oils or for the servicing of motor vehicles.

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

Story, Half: A space under a sloping roof in which the line of intersection between the roof decking and wall face is not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story that contains an independent apartment or living quarters shall be counted as a full story.

Street: The entire width between lot lines of a way or place dedicated, acquired, or intended for the purpose of public use for vehicular traffic or access other than an alley.

Structural Alterations: Any change in the supporting components of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure: Anything erected or constructed, the use of which requires permanent or semi-permanent location on and attachment to the ground, or attachment to something having a permanent location on the ground.

Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not include either:

(1)

Any project for improvement of a structure to comply with existing State or local health sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

Sustainable Development: A development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

THC Products: Any product that contains more than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minn. Stats., § 151.72, as may be amended from time to time. Licensed product does not include medical cannabis as defined in Minn. Stats., § 152.22, subd. 6, as may be amended from time to time.

Taproom: A facility accessory to a brewery that is licensed by the City to sell the malt liquors made at the brewery for consumption on the premises.

Tower: A structure, the purpose of which is to support and elevate an antenna, water tank, or other fixture as provided in this chapter. In all cases, the height of a tower shall be measured from the ground level regardless of whether the tower is mounted on another structure or building, and said height shall also include any portion of the antenna or other fixture which extends above the highest reach of the tower itself.

Townhouse: A common interest community consisting of single-family attached units comprised of two or more dwelling units, contiguous to each other, only by the share of one common bearing wall. No single townhouse structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

Trade School orTraining Center: A building, the principal use of which is the regular provision of education or instruction to groups of persons aged 16 or older in areas including, but not limited to, the following types of occupations: assembly or production, business or clerical, computers, cosmetology or hair styling, electronics or mechanics, real estate, or skilled crafts. Training in adult literacy, employment skills, or personal improvement shall also be included.

Truck/Van Terminal: A building, the principal use of which is as a relay station for the transfer of a load from one commercial hauling vehicle to another, or for the dispatching of service, delivery, or messenger vehicles. The terminal facility may include office/employee areas, or storage/repair areas for vehicles associated with the terminal. This definition includes Cannabis Transporters.

Usable Open Space: An outdoor open ground area or terrace area on a lot which is graded, developed, landscaped, and equipped, and intended and maintained for either active or passive recreation, which is available and/or accessible to, and usable by all persons using or occupying a building or premises. Roofs, driveways, and parking areas shall not be regarded as usable open space.

Use: The purpose or activity for which the land, structure, or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.

Veterinary Clinic: A building, the principal use of which is the care, diagnosis and treatment of sick, ailing, or diseased animals, which may include kennels for domestic pets, but does not include the treatment or boarding of farm animals or livestock.

Warehouse: A building, the principal use of which is the storage of materials or equipment, including, but not limited to, the parking and crating of materials and/or products for later distribution.

Yard: An outdoor open space unobstructed by any structure or portion of a structure from the ground upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein.

(1)

Yard, Front: A yard extending between lot lines which intersect a front lot line, the depth of which is the horizontal distance between the street right-of-way line and a line on the lot which is at all points equal distance from the parallel to the front lot line.

(2)

Yard, Rear: A yard, unoccupied except for accessory structures, on the same lot with a principal structure between the rear line of the principal structure and the rear lot line for the full width of the lot.

(3)

Yard, Side: A yard extending from the rear line of the required front yard to the rear line of the principal structure.

Youth-Oriented Facility: A school, athletic field, or playground.

(Code 1988, § 11.03; Ord. No. 585, 1-14-1983; Ord. No. 609, 11-11-1983; Ord. No. 615, 5-25-1984; Ord. No. 642, 11-16-1984; Ord. No. 643, 11-16-1984; Ord. No. 653, 4-12-1985; Ord. No. 669, 11-15-1985; Ord. No. 50, 2nd Series, 1-14-1983; Ord. No. 53, 2nd Series, 1-24-1991; Ord. No. 73, 2nd Series, 10-3-1991; Ord. No. 80, 2nd Series, 11-28-1991; Ord. No. 127, 2nd Series, 4-27-1995; Ord. No. 264, 2nd Series, 12-13-2001; Ord. No. 271, 2nd Series, 11-15-2002; Ord. No. 292, 2nd Series, 3-12-2004; Ord. No. 311, 2nd Series, 10-29-2004; Ord. No. 374, 2nd Series, 7-13-2007; Ord. No. 382, 2nd Series, 3-28-2008; Ord. No. 397, 2nd Series, 6-6-2008; Ord. No. 429, 2nd Series, 2-19-2010; Ord. No. 433, 2nd Series, 2-26-2010; Ord. No. 523, 2nd Series, 7-24-2014; Ord. No. 536, 2nd Series, 1-16-2015; Ord. No. 540, 2nd Series, 1-20-2015; Ord. No. 547, 2nd Series, 3-26-2015; Ord. No. 567, 2nd Series, 7-30-2015; Ord. No. 683, § 1, 6-16-2020; Ord. No. 688, § 1, 9-1-2020; Ord. No. 705, § 1, 3-16-2021; Ord. No. 720, § 1, 8-17-2021; Ord. No.728, § 1, 12-21-2021; Ord. No. 732, § 1, 3-15-2022; Ord. No. 742, § 1, 8-16-2022; Ord. No. 734, § 1, 3-15-2022; Ord. No. 780, § 1, 5-7-2024; Ord. No. 787, § 1, 12-3-2024)

The purpose of this chapter is to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.

(Code 1988, § 11.01; Ord. No. 609, 11-11-1983)