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

Accessory building means a subordinate building or structure on the same lot with a principal or main building, or the part of the main building occupied or devoted exclusively to an accessory use. In a shoreland zone, an accessory structure or facility means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

Accessory use means a use on the same lot with the principal use of or building that is customarily incidental and subordinate to the principal use or building.

Administrative and support services means establishments engaged in activities that support the day-to-day operations of other organizations. The processes employed in this sector (e.g., general management, personnel administration, clerical activities, telemarketing bureaus and contact centers, cleaning activities) are often integral parts of the activities of establishments found in all sectors of the economy.

Agriculture means the use of the land for agricultural purpose, including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storage of produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agriculture and provided further that these uses shall not include the commercial feeding of garbage or offal to swine or other animals.

Airport or heliport means any land or structure which is used or intended for use, for the landing and take-off of aircraft, and appurtenant land or port building or other port structures or rights-of-way.

Airspace zones A, B, and C. Refer to article III of this chapter.

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Alterations means any modification, additions, or change in construction or type of occupancy; any enlargement of a building, either horizontally or vertically; or the moving of a structure from one location to another.

Animals, domestic, means fish, dogs, cats, birds and similar household pets.

Animals, farm, means cattle, hogs, horses, sheep, goats, rabbits, chickens and other farm animals.

Animals, wild and exotic, means animals other than domestic and farm animals that are customarily found in the wild and including snakes, wolves, and tigers and other such animals.

Antenna support structure means a building, athletic field lighting, water tower, or other structure, other than a tower, which can be used for location of telecommunications facilities.

Apartment means a room or suite of rooms, including bath and kitchen facilities, in a multiple-family building designed for occupancy by a single family.

Apartment, accessory, means an apartment that is secondary and incidental to a principal use or building.

Applicant means a person who applies for a permit to develop, construct, build, modify or erect a building, structure or use.

Application means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a building, structure or use upon that land.

Attorney means the city attorney or his designated representative.

Basement means a portion of a building located partly underground, but having less than half its floor-to-ceiling height below the average grade of the adjoining ground.

Bed and breakfast means a facility where for compensation and by prearrangement for definite periods of time not to exceed one week, morning meals and lodging are provided for not more than eight guestrooms.

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

1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and
4. The slope must drain toward the waterbody.

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

Board of adjustments and appeals, zoning board, board of adjustment, board of zoning appeals, board or board of appeals means the planning commission.

Boardinghouse means a building other than a motel or hotel, where, for compensation and by prearrangement for definite periods, meals and lodging are provided for not less than three or more than eight persons.

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

Brewery/distillery/winery, means a structure or portion of a structure dedicated to the licensed production and packaging of intoxicating malt liquor, distilled spirits, or wine, and not including any permitted associated retail use or uses.

Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when the structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. The term "building" includes the term "structure."

Building height means the distance between the average ground level at the building line and the highest point of the roof or flat roof, to the deckline of a mansard or to the highest gable on a pitched or hipped roof. In a shoreland district, the height of building means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

Building line means that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions. Building line also means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

Building, principal, means a building in which is conducted the main or primary use of the lot on which it is located.

Carport means an open-sided roofed automobile shelter, usually formed by extension of the roof from the side of a building.

Carwash means a principal building which is equipped with a conveyor system or other mechanical equipment and facilities for washing motor vehicles.

Carwash, accessory, means an accessory building or part of a principal building equipped with mechanical equipment for washing autos (not a conveyor system) which is accessory to an automobile service or gasoline station and comprises only one normal service bay of the gas station.

Cellar means that portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground.

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

City engineer means the professional engineer employed by the city or person otherwise authorized by the city.

Clinic means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, mental health specialists or similar professionals.

Club, lodge, membership organization means a nonprofit organization or association which meets on a regular basis regarding the interests of its members and their guests.

Cluster housing means the grouping of housing units which results in higher density clusters while maintaining approximately the same overall allowable site density. Cluster housing shall include townhouses, zero lot line houses, row houses and similar housing types.

Commercial planned unit developments are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, resorts, recreational vehicle and camping parks, and other primarily service-oriented outdoor activities are commercial planned unit developments.

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

Commission means the planning commission of the city.

Commissioner means the commissioner of the department of natural resources.

Communication services means a public or commercial facility primarily engaged in the provision of broadcasting and other information relay services. This term includes radio and television studios, cable and internet providers, and related services and equipment. This term does not include major communication equipment.

Comprehensive plan means a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the city and including a land use plan, a community facilities plan, and a transportation plan which has been prepared and adopted by the city.

Conditional use means a use which is permitted in a district only upon issuance of a conditional use permit (CUP). It means a land use 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 certain conditions as detailed in this article exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

Congregate housing means group housing for three or more individuals not related by blood, marriage or adoption on a weekly or longer basis. Typical uses include retirement homes and boardinghouses.

Construction material suppliers means establishments (except those known as home centers, and hardware stores) primarily engaged in retailing specialized lines of new building materials, such as lumber, fencing, glass and windows, doors, plumbing fixtures and supplies, paint and wallpaper stores, electrical supplies, prefabricated buildings and kits, and kitchen and bath cabinets and countertops to be installed.

Council shall refer to the city council of the city.

Curb level means the level of the established curb front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level for purposes of this article.

Day care center means a use defined by Minn. Stat. ch. 462, which is operated for profit for the daytime only care of children and adults.

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

Density means the number of dwelling units residing upon, or to be developed upon, an acre of land.

District means an area of land for which there are uniform regulations governing the use of buildings and premises.

Driveway means a private roadway, other than a street or alley that provides access to a parking space, garage, dwelling or other buildings and structures.

Duplex, triplex, and quad, mean a dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling means any building or portion thereof, which is designed or used exclusively for residential purposes but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches.

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

Dwelling, detached, means a single-family dwelling.

Dwelling, multiple-family, means a residential building, or portion thereof, containing three or more dwelling units.

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

Dwelling, twin home, means a residential building containing two dwelling units divided by a common property line and may have different owners.

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

Dwelling, unit, means a building, or portion thereof, which includes complete kitchen and toilet facilities and is designed exclusively for one family.

Educational service institution means a specialized establishment dedicated to providing educational instruction and training outside of traditional primary, secondary, and post secondary campus settings. These operations often differ from traditional educational campuses in that there may be flexible operating schedules and generally no associated sports complexes, large bus parking areas, etc. that are associated with a traditional educational campus setting. Such establishments may include: remedial secondary programs/schools, business, computer and management training schools/centers, technical and trade schools, fine art schools and examination and tutoring centers.

Emergency housing facility means a building or portion thereof where persons who do not have housing live until more permanent arrangements can be made.

Essential services means the erection, construction, alteration or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, waste, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Essential services shall not include waste facilities (transfer facilities, landfills, or other sanitary solid waste).

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

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

Family means an individual, or two or more persons related by blood, marriage or adoption, or group of not more than four persons not so related, living together as a single housekeeping unit using common cooking and kitchen facilities.

Floodway means an area subject to periodic flooding as delineated by a flood boundary on the zoning map.

Floor area means the sum of the gross horizontal areas of the floors of a building or dwelling unit, measured from the exterior walls, or from the centerline of party walls separating buildings, excluding cellars but including basements.

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

Garage, private, means an accessory building or an accessory portion of a principal building designed or used solely for the storage of noncommercial motor vehicles, boats, and similar vehicles which are owned and used by the occupants of the building to which it is accessory.

Garage/yard sale means the temporary display and sale of goods within the garage and/or driveway of a residence.

Gasoline station means a structure plus an area of land that is used or designed for the supply of motor vehicle fuels. For the purpose of this article, this term shall also mean an area or structure used for greasing, changing the oil, washing or repairing automobiles when such uses are accessory to the principal gasoline station use.

Ghost plat means a plan that shows the eventual build out of a parcel at urban densities by establishing future lot lines; building envelopes; layout of future streets; easements; and information on how public utilities may be extended to accommodate future, urban development.

Gross floor area (GFA) means, for the purpose of computing required parking, the floor area for the building excluding accessory garages, underground parking, areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts, or stairwells.

Group, foster home, means a residential use defined by Minn. Stat. ch. 462, which provides housing for the mentally retarded, physically handicapped and those in need of rehabilitation, excepting mental rehabilitation.

Group usable open space means open space associated with a multiple-family development that is not part of a required yard, is relatively free of buildings and is available for recreational usage by the residents.

Grower stand, means an area accessory to an on-site agricultural operation that is used to sell farm products produced on-site where the total sales area does not exceed 1,500 square feet.

Guest cottage means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

Guestroom means a room or group of rooms occupied, arranged or designed for occupancy by one or more guests for compensation.

Hardship means the same as that term is defined in Minn. Stat. ch. 462.

Hazardous material means any substance that because of its quantity, concentration, or physical/chemical characteristic poses a significant present or potential hazard to human health or the environment when improperly used, handled, treated, processed, stored, transported, disposed of, or otherwise managed.

Health and fitness club means a business that provides recreational services and facilities, usually for the benefit of its membership or the general public, involving aerobic exercises, strength and cardiovascular equipment, indoor or outdoor game courts, swimming pools, running tracks, massage, tanning and other personal services, saunas, steam room, showers and lockers and the like that may be used at any time that the operation is open for business.

Home occupation means a gainful occupation conducted in a residential building which is clearly secondary and incidental to the principle residential use of such building and generates no appreciable increase in traffic at any time over that customarily associated with a residential use.

Hotel means a building containing eight or more guestrooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

Impervious surface refers to improvements on or to the land which prevent precipitation from percolating into the soil. Impervious surface includes buildings, concrete or asphaltic pavement, compacted class 5 (gravel), or other similar hard surfaces. It does not include naturally occurring surface bedrock. Porous decks or paving systems over unpaved or uncompacted surfaces are not considered impervious.

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

Intensive vegetation clearing means removal of trees, brush or shrubs in a way that would greatly reduce the natural screening and decrease the aesthetic and ecological values of the property.

Junkyard means an area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

Juvenile detention center means a secure facility to detain juveniles being held for court.

Kennel means any lot or premises used for the sale, boarding or breeding of dogs, cats or other household pets. Kennel shall mean three or more animals over six months of age.

Land reclamation means the rehabilitation of land through the establishment on a continuing basis of vegetative cover, soil stability, water conditions, safety conditions and other measures appropriate to the subsequent beneficial use of mined and reclaimed lands. This may include the conversion of the property to other uses.

Land/sea container means a fully enclosed metal or other prefabricated material structure, container, holder or receptacle, sometimes called a cargo container, which is independent of any trailer or axels, greater than five feet in length, has an opening for access which may or may not have a door attached, and which is used for purposes of, but not limited to storage, transportation of freight or holding for sale or lease. It does not include tractor-trailers.

Licensed residential facility means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside of a person's own home which is registered under Minn. Stat. ch. 144D.

Limited clearing means the removal of trees, brush or shrubs in a noncontiguous pattern to allow visibility and other permitted uses. Limited clearing shall not greatly reduce the natural screening assuming summer leaf on conditions. For the purpose of this definition, trees are woody plants that attain a height of 20 feet or more, with a single woody stem and a definite crown. Brush/shrubs are smaller than trees, usually with multiple woody stems, and seldom exceeds 12 feet in height.

Lot means land occupied or to be occupied by a building, land use or group of buildings together with such open spaces or yards as are required by this article and having its principal frontage on a public street. The term "lot" includes the terms "plot" or "parcel."

Lot area means the area of a lot in square feet as bounded by the lot lines.

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

Lot, corner, means a lot which has at least two contiguous sides abutting upon a street for their full length.

Lot coverage, building, means the percent of the lot covered with principle and accessory buildings.

Lot interior means a lot other than a corner lot.

Lot line means the lines bounding a lot as described in this article.

Lot of record means a lot which is part of a subdivision or plat, an auditor's subdivision or a registered land survey; or a parcel of land not so platted, for which a deed has been recorded in the county recorder's office prior to September 10, 1975.

Lot, through, means a lot where opposite lot lines abut two parallel streets and which is not a corner lot.

Lot width means the width measured along the front lot line of or street line, or the shortest distance between lot lines measured at the midpoint of the building line.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files the certification required and complies with the standards established under Minn. Stat. ch. 327.

Manufactured home park means any premises on which are parked two or more occupied manufactured homes.

Manufacturing, heavy, means a use engaged in the basic processing, manufacturing, packaging, assembly, compounding or treatment of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Manufacturing, light, means a use engaged in the manufacture, fabrication, processing, packaging or assembly, predominantly from previously prepared materials, of finished products or parts, but excluding basic industrial processing. The activities shall take place in a manner which will not produce offensive conditions observable from neighboring properties.

Medical equipment and supplies means establishments primarily engaged in the sale, leasing or rental of durable medical equipment and supplies operating out of a permanent structure. It does not include establishments primarily engaged in the sale of pharmaceuticals, medicines, optical goods, beauty supplies, and food supplement products.

Membrane structure means a structure with a canvas or other membrane material canopy suspended from a pole structure that has at least one end that can be opened.

Mini storage means an enclosed storage facility containing multiple individual units used solely for the storage of personal property. These units are intended to be leased or rented to private individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the storage of flammable liquids or other hazardous materials be permitted.

Mining means the extraction of sand, gravel or other such material from the land in the amount of 400 or more cubic yards.

Mobile home is synonymous with manufactured home whenever it appears.

Mobile home park is synonymous with manufactured home park whenever it appears.

Modular housing means a factory-built home, other than a manufactured home, composed of components substantially assembled in a manufacturing plant which are designed only for final erection or installation on a site-built, permanent foundation and is not designed to be moved once so erected or installed. Modular housing shall be regulated like dwellings which are constructed on site.

Motel means a building or group of attached or detached buildings under common ownership containing eight or more guests or sleeping rooms which is used or intended to be used primarily for the accommodation of transient automobile travelers. This term shall include buildings designated as auto courts, tourist courts, motor courts, motor hotels and similar names.

Motor freight terminal means a building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment.

Multiple-family dwelling. See "Dwelling, multiple-family."

Nonconforming use means a building or use of land existing at the time of adoption of the ordinance from which this article is derived which does not conform to the regulations of the district or zone in which it is situated.

Nursery, landscape, means a business involving retail or wholesale sales of trees, flowering and decorative plants, and shrubs for purposes of transplanting, as well as accessory items directly related to their care and maintenance, which may be conducted within a building or without.

Nursery school means a school for children of preschool age.

Off-road motorized sport vehicle trails means a trail developed or designated for the purposes for motorized sport vehicles such as all-terrain vehicles and dirt bikes.

Offices, business, means a building in which business of a non-retail low-traffic generating nature and clerical services and duties are carried out, including corporate offices, banks, credit unions, insurance and real estate offices and similar uses.

Open space means any unoccupied spaces open to the sky on the same lot with a building.

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

Outdoor display means the storage or exhibition outside a commercial building of a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business.

Outdoor storage means the practice and keeping of materials, supplies, or equipment on a lot but not within the confines of a structure.

Performance standard means a criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

Person means any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.

Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Principal use of structure means the main use to which the premises are devoted and the principal purpose for which the premises exist.

Production licensed cannabis, means businesses licensed by the Office of Cannabis Management (OCM) for cultivation, processing/extraction, manufacturing, and wholesale activities.

Professional, scientific and technical services, means a place devoted to experimental study such as testing and analyzing materials, not including manufacturing or packaging of such materials, except incidentally. These activities require a high degree of expertise and training. The establishments in this sector specialize according to expertise and provide these services to clients in a variety of industries and, in some cases, to households. Activities performed include: legal advice and representation; accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services; computer services; medical and dental clinics; consulting services; research services; advertising services; and other professional, scientific, and technical services.

Public hearing means an official public meeting for which notice has been published in the official newspaper.

Public waters means any waters as defined in Minn. Stat. § 103G.005, subd. 15.

Publication means a notice placed in the official newspaper.

Recreational equipment, major means: travel trailers (including those that telescope or fold down), chassis-mounted campers, truck toppers, motor homes, tent trailers, converted buses, watercraft, trailer, all-terrain vehicle, snowmobile, dark house, fish house, and the like.

Recreational facility, commercial-outdoors, means an area or structure that offers commercial entertainment or recreation where any portion of the activity takes place outside. This includes but is not limited to batting cages, miniature golf, paint ball, go-cart track, or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. This definition does not include trails for off-road motorized vehicle sports such as dirt bike and all-terrain vehicles.

Residential planned unit development means a use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.

Retail, convenience, means a retail establishment offering for sale a limited line of groceries and household items, except for gasoline, intended for the convenience of the neighborhood.

Retail, general sales and services, refers to a broad range of commercial activities operating out of a permanent structure catering to the general public. It does not include other land uses referred to in Table 1 (uses permitted) in section 30-512.

Right-of-way means a street, alley or easement permanently established for the passage of persons and vehicles including the traveled surface and adjacent lands that are formally dedicated to such usage.

Rooming house means a building that is the primary residence of the owner and in which rooms are provided by the owner, for compensation, to persons not related by blood, marriage, or adoption to the owner.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.

Senior citizen housing means housing that is exclusively for occupancy by a family of elderly persons over 65 years of age.

Senior housing with services means an establishment, licensed by the State of Minnesota, whose purpose is to provide living accommodations along with health related services primarily for the elderly, as further defined by Minn. Stat. § 144D.01, subpart 4.

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

Setback means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, or property line.

Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in this article.

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

Shooting range means an area or facility designated or operated primarily for the use of firearms or archery.

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

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

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

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

Solar energy means radiant energy, direct, diffuse and reflected, received from the sun.

Solar skyspace means the space between a solar collector and the sun that shall be free of obstructions so the collector is not shaded to an extent that precludes its cost-effective operation.

Stealth means designed to blend into the surrounding environment; examples of stealth facilities include, without limitation, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to appear other than as a tower, such as light poles, power poles, and trees.

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

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street line means the legal line of demarcation between a street and abutting land.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.

Subdivision means land that is divided for the purpose of sale, rent, or lease, including planned unit developments, as defined in article V of this chapter.

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

Taproom/tasting room, means an area for the on-sale consumption of malt liquor/distilled spirits or wine, produced on the premises of a brewery/distillery/winery or an abutting property in common ownership of the producer, which may include sales of beverages produced and packaged on site for off-premises consumption as allowed by Minnesota Statutes, as amended. A taproom/tasting room use may or may not include a restaurant component.

Telecommunications facilities means cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of telecommunications located or installed on or near a tower or antenna support structure. The term does not include:

1. A satellite earth station antenna two meters in diameter or less located in an industrial or commercial district; or
2. A satellite earth station antenna one meter or less in diameter, wherever located; or
3. A tower.

Telecommunications tower or tower means a self-supporting lattice, guyed, or monopole structure constructed from grade that supports telecommunications facilities; the term does not include amateur radio operations equipment licensed by the Federal Communications Commission.

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

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

Tourist home means a building providing lodging for not less than three, or more than eight tourists where accommodations have no cooking facilities.

Transportation dispatch and storage means a facility that provides storage and dispatch of taxi, limousine, charter/school/tour/public transit bus services, and all other similar vehicles that provide passenger transportation.

Truck means any vehicle or combination of vehicles or trailers whose total weight loaded or unloaded exceeds 10,000 pounds, or is registered with a GVW of 12,000 pounds or more, except recreational vehicles shall not be considered trucks for the purpose of this article.

Use means the purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this article.

Use, conditional, means a permitted use which is potentially detrimental to a neighborhood or area which requires special treatment and the issuance of a CUP.

Use, permitted by PUD, means a use which is permitted only if the PUD procedure is used and a plan is formally approved by the city.

Use, permitted with special restrictions, means a use which is permitted in the district under which it is listed in division 7 of this article subject to all of the conditions listed.

Used or occupied includes the terms "intended," "designed" or "arranged" to be used or occupied.

Value-added farm product, means a farm product that has been changed from its natural state to an item in a different form through canning, drying, freezing, preserving, fermenting, compounding, processing, packing, or a similar alteration, so as to increase the value of the farm product.

Variance means the same as that term is defined or described in Minn. Stat. ch. 462.

Veterinary services means an establishment providing medical and surgical treatment of household animals including dogs, cats, birds, and similar animals. Large farm animals including cattle, horses, hogs, and similar animals shall not be treated at a small animal veterinary clinic. This term includes grooming and boarding for not more than 30 days and an animal crematorium.

Warehouse, general, means a use dedicated to the storage of materials, equipment, merchandise or commodities within an enclosed building, as a principal use, including packing and crating.

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

Wetland means a surface water feature classified as a wetland by the Wetland Conservation Act of 1991.

Wholesale and distribution facility means establishments or places of business primarily engaged in selling of goods and merchandise to retailers; to industrial, commercial, institutional, and professional business users; or to other wholesalers and related subordinate services.

Yard or setback means a required open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided for in this article. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line.

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

Yard, interior side, means a side yard which is not adjacent to a street.

Yard, rear, means a yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

Yard, side, means a yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

Yard, street side, means a side yard which is adjacent to a street.

Zero lot line housing means single-family detached dwellings located on individual lots which are designed to have little or no setback from lot lines.

Zoning administrator means the person, or designee, charged with the administration and enforcement of this article.

Zoning district. See "District."

(Code 1978, § 23.3(A), (D); Ord. No. 06-03-01, 3-13-2006; Ord. No. 06-03-02, 3-27-2006; Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 10-01-01, 1-25-2010; Ord. No. 12-06-07, Exh. B, 6-11-2012; Ord. No. 12-12-11, Exh. A, 12-17-2012; Ord. No. 15-07-05, Exh. A, 7-27-2015; Ord. No. 16-05-05, Exh. D, 5-23-2016; Ord. No. 17-04-02, 4-24-2017)

1. Interpretation. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
2. Conflicting regulations. Whenever any provision of this article is found to be in conflict with the provisions of any other city ordinance, the ordinance containing the more restrictive requirements shall govern. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
3. Compliance.
   1. No structure, or part thereof, shall be erected, converted, enlarged, reconstructed, altered or moved and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this article.
   2. No site or lot or part thereof, shall be converted, enlarged, reconstructed, altered or used for any purpose or in any manner which is not in conformity with the provisions of this article.

(Code 1978, § 23.3(B)(1); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

This article is adopted for the purpose of:

1. Protecting the public health, safety, morals, comfort, convenience and general welfare.
2. Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land.
3. Promoting orderly development of the residential, business, industrial, recreational and public areas.
4. Providing adequate light, air, access to direct sunlight, and convenience of access to property.
5. Limiting congestion in the public rights-of-way.
6. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.
7. Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.
8. Providing for the administration of this article and amendments thereto.
9. Defining the powers and duties of the administrative officers and bodies, as provided in this article.
10. Prescribing penalties for the violations of the provisions of this article or any amendment thereto.
11. Regulating land use in accordance with the city comprehensive plan.

(Code 1978, § 23.2; Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)