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:

100-year high-water elevation means the elevation reasonably characteristic of the high level of flooding expected to occur during a regional flood. Abandoned sign means a sign that no longer correctly advertises a bona fide business, lessor, lessee, owner, activity, use product or service available on the premises where the sign is displayed for a continuous period of three months.

Above ground swimming pool means a swimming pool that is built above ground.

Accessory apartment means a room or suite of rooms, including sleeping facilities, dedicated for the use of persons living separately from others in the building.

Accessory building means a subordinate building customarily incidental to, and located on the same lot occupied by the main use or building.

Accessory dwelling unit means supplemental living quarters, detached from a primary single-family residence and clearly secondary to a primary residence. The living quarters are not intended to provide a second dwelling unit on the property for a second family or for rental purposes.

Accessory solar energy systems means a solar energy system that is composed of a single or multiple solar panels where the system is deemed accessory to the primary land use. An accessory solar energy system is intended to primarily reduce on-site consumption of utility power for an active existing use/structure. Excess electrical power generated and not presently needed for on-site use may be provided to the utility company.

Accessory use means a subordinate use conducted on the same lot as a primary use of a property, which is customarily related to the primary use.

Agricultural building means a structure on agricultural land as defined in Minn. Stats. 273.13, subd. 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate family, their employees, and persons engaged in the pickup or delivery of agricultural produce and products.

Agriculture means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forages, grains, timber, trees, or bees and apiary products. The term also includes wetlands, pasture, forest land, wildlife land, and other uses that depend on the inherent productivity of the land.

Approved ground cover means ornamental grass not exceeding 12 inches in height, decorative mulch or rock and flowers. Native species of grass and wild flowers may be allowed as determined by the city council.

Architect, professional (registered) means a person licensed by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design, to practice architecture in the state.

Attention-attracting device means any device with flashing, blinking, rotating or moving action, or any banner, searchlight, balloons, or pennants designed or intended to attract the attention of the public to an establishment or to a sign.

Automotive service station means that portion of a property where flammable or combustible liquid or gases are stored and dispersed from fixed equipment for use as motor fuel.

Balloon port means an area of land designated or commonly used for the takeoff, storage, and maintenance of hot air balloons.

Basement means any area for a structure, including a crawl space, having its floor or base (below ground level) on all four sides, regardless of depth of excavations below ground level.

Bed and breakfast business means an owner-occupied private home where accommodations are offered for one or more nights to transients, and a breakfast meal may be served to overnight guests.

Bluff means a topographic feature having the following characteristics:

(1)

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

(2)

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

(4)

The slope drains toward the waterbody;

(5)

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

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

Buffer means the use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use of a property from observation from another property.

Buildable area means that portion of a lot on which buildings or structures are functionally possible and permitted to be located by regulation. Buildable areas do not include protected wetlands, steep slopes, nonbuildable floodplain areas, setback areas, bluffs, public waters, easements, or similar restricted areas.

Building means any structure built or used for the support, shelter or enclosure of people, animals, or property consisting of an enclosed circumference and a roof.

Building height means the vertical distance above mean ground level to the top of a flat roof, or to the highest point on a pitched, hip or gable roof.

Building official means the person charged with the responsibility to administer state and local building codes within the city.

Building setback means the horizontal distance between a building and the lot line, bluff line, ordinary high-water level, or other regulatory boundary.

Building setback line means a line, parallel to a lot line, bluff line, ordinary high-water level, or other regulatory boundary, behind which buildings or other structures must be placed.

Business means any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

Campground means an area of land designated or commonly used for the overnight lodging of transients in tents, travel trailers or motor homes for one or more nights.

Cannabis means the cannabis plant, and its related industry that is regulated in the state of Minnesota by the Office of Cannabis Management.

Cannabis business means any business that receives a license from the Minnesota Office of Cannabis Management.

Cannabis cultivator means a cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests and processes cannabis flower for sale to other cannabis businesses, and conducts operations pursuant to Minn. Stat. § 342.30.

Cannabis delivery service means a cannabis business that can purchase cannabis and lower-potency hemp products from specific cannabis businesses, and sells and delivers those products directly to consumers, and is licensed under Minn. Stat. § 342.41 and conducts operations pursuant to Minn. Stat. § 342.42.

Cannabis event means an event that serves, sells, or is otherwise related to cannabis or cannabis products, and conducts operations pursuant to Minn. Stat. § 342.40.

Cannabis event organizer means an individual or entity licensed to plan and host events featuring cannabis, and receives a license under Minn. Stat. § 342.39.

Cannabis manufacturer means a cannabis business that manufactures cannabis products and is licensed to conduct operations pursuant to Minn. Stat. § 342.31. A cannabis manufacturer may also include a cannabis testing facility and/or a lower-potency hemp edible manufacturer.

Cannabis mezzobusiness means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.29.

Cannabis microbusiness means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.28.

Cannabis product means a product as defined under Minn. Stat. § 342.01, subd. 20.

Cannabis registration means an approved registration issued by the City of Hugo to a state-licensed cannabis business or lower-potency hemp edible retailer.

Cannabis retailer means any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form, and conducts operations pursuant to Minn. Stat. § 342.32.

Cannabis testing facility means a cannabis business that receives cannabis products and lower-potency hemp products from manufacturers and cultivators, and tests them to ensure the products meet safety standards, and conducts operations pursuant to Minn. Stat. § 342.37 and Minn. Stat. § 342.38.

Cannabis transporter means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.35 and Minn. Stat. § 342.36.

Cannabis wholesaler means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.33 and Minn. Stat. § 342.34. A cannabis wholesaler may also include a cannabis transporter.

Cemetery means land used or intended to be used for the burial of the dead.

Certificate of survey means a document drawn to scale, the accuracy of which is attested to by a registered land surveyor, depicting the boundaries of a property, the location of all easements, monuments, and setback lines on the property, a north-pointing arrow, a scale, and such other information as may be pertinent to its purpose.

Clubs, public and private means a place of assembly and activity where membership is required and is directed toward and limited to people with specific interests or a specific group, and where the sponsoring organization is nonprofit. Activities directed toward the general public may be allowed, provided said activities are accessory to the operation of the club.

Cluster housing means a development technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for open space.

Commercial/industrial building means any building used for the production, processing, storage or display of a product or service intended for sale to a second party, or used in the production, processing, storages or display of a component thereof. For the purposes of this chapter, agricultural buildings are not defined as commercial/industrial buildings.

Commercial recreation means for profit or not-for-profit enterprises and businesses providing for leisure activities, including bowling alleys, cart tracks, pool halls, vehicle or animal racing facilities, dance halls, skating areas, theaters, boat rentals, amusement rides, zoos, rodeos, and similar uses.

Commercial speech means speech advertising a business, profession, commodity, service or entertainment.

Conditional use means designated land uses and activities that require flexible regulatory control based on the use or activities, operational specifics, and relation to adjacent property and uses.

Conservation easement means an interest in real property that imposes the obligation to protect and use a property for the preservation and maintenance of natural resources and open space.

Convenience stores and gas stations means a business for self or full-service motor fuel sales that may include the sale of convenience groceries, fast foods and/or a restaurant, with no vehicle service or repair allowed.

Daycare facility means any facility licensed by the state department of public welfare, public or private, for gain or otherwise, that regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or development guidance on a regular basis for a period less than 24 hours in a day. Daycare facilities include, but are not limited to family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, activity centers, day treatment programs, and day services defined by state law or state rule.

Density means the number of dwelling units per acre of net developable land area as regulated by the applicable zoning district.

Dock means a horizontal open platform, with or without attached railings, seats, or other features, that extends over a waterbody.

Domestic animals means pets, livestock, and poultry as defined in this chapter.

Drive-in business means an establishment at which patrons may access, purchase and/or consume products or services from their motor vehicle.

Drive-through business means an establishment where employees conduct business or exchanges with customers who drive up to a window and remain in their vehicles.

Driveway means a private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel of land on which it is located.

Dwelling unit means a permanently installed residential accommodation with complete kitchen and bathroom facilities.

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

Edible cannabis product means a product as defined under Minn. Stat. § 342.01, subd. 31.

Engineer, professional (registered) means a person licensed by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design, to practice engineering in the state.

Escrow means a cash deposit, or other acceptable security of monetary value, held by an individual or firm in trust to ensure payment of expenses, costs, or other financial commitments.

Essential government facility means a building, structure, plant or property utilized by a government entity and necessary for accomplishing one or more of its public responsibilities.

Essential public service means the erection, construction, alteration, or maintenance by public or private utilities of underground or overhead telephone, natural gas, electrical, steam, hot water, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, hydrants, and other similar equipment. Transmission reception antennas are not an essential service. The term includes any essential government facility as defined in this section. The term also includes any government services.

Exterior storage means the storage of goods, materials, equipment, manufactured products, and similar items not enclosed in a building with four walls and a roof. This definition includes motor vehicles kept for periods greater than 24 hours for commercial purposes.

Family means an individual or two or more persons related by blood, marriage or adoption, or a functional family living together in a dwelling unit and sharing common cooking facilities.

Family, functional means a group of no more than six people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

Farm fence is defined as follows:

(1)

Fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts not more than one rod apart, the first barbed wire being above and not more than four inches from the woven wire and the second barbed wire being above and not more than eight inches from the first wire;

(2)

Fences consisting of at least 40-inch woven wire and one barbed wire firmly fastened to well-set posts not more than one rod apart, the barbed wire being above and not more than four inches from the woven wire;

(3)

Fences consisting of woven wire at least 48 inches in height, and one barbed wire not more than four inches above the woven wire firmly fastened to well-set posts not more than one rod apart;

(4)

Fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high and the bottom wire 12 to 16 inches from the ground.

A farm fence is not considered to be a structure under this chapter.

Farmstead means a single parcel of land greater than ten acres in size which includes a house as well as a minimum of ten acres of cropland, pasture or other fields used for agricultural purposes. Accessory buildings used for agricultural purposes may be included as part of a farmstead.

Feedlot means a lot or building, or combination of lots and buildings, intended for the confined breeding, raising, or holding of animals, and specifically designed as a confinement area in which manure may accumulate or where concentration of animals is such that vegetative cover cannot be maintained. Open lots used for feeding and rearing of poultry are considered feedlots. Pastures are not considered feedlots.

Fence means and includes a structure or partition erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. The term "fence" includes an enclosure about a field or any other place, and especially an enclosing structure of wood, iron or other material intended to prevent intrusion from without or straying from within.

Flag means a rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device (nautical), or attention-getting device (advertising).

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

Flood frequency means the average frequency at which a specific flood state or discharge may be equaled or exceeded.

Flood fringe means that portion of the floodplain located out of the floodway. Flood fringe is synonymous with the term "floodway fringe" used by the Federal Emergency Management Agency in preparing the city's official flood map.

Floodplain means the area that is expected to be covered with floodwaters during a regional flood.

Floodproofing means provisions, changes or adjustments to properties and structures primarily made to reduce or eliminate flood damages.

Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.

Frontage means the width of a lot or parcel abutting a public right-of-way measured at the property line.

Funeral home means any facility where dead humans are taken to be prepared for burial. A funeral home may or may not contain facilities to conduct remembrance services for the dead.

Garage, commercial means any garage, including parking ramps, other than a private garage.

Garage, private means an accessory building, or accessory portion of the principal building, on residential property that is intended for the storage of private passenger vehicles and noncommercial trucks not exceeding 12,000 pounds gross vehicle weight. No business or industry may be carried on in a private garage unless specifically authorized by ordinance.

Ground mounted solar energy system means a solar energy system that is structurally mounted to the ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking system.

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

Impervious surface means any ground cover that seals surface soils from the infiltration of surface waters.

Incidental use means an occasional, random or sporadic use of a property not directly related to the principal use, but in keeping with the spirit and intent of the zoning district in which it is located.

In-ground swimming pool means a swimming pool that is built into the ground.

Kennel means any place where four dogs or more over six months are kept, raised, sold, boarded, bred, shown, treated, or groomed.

Kennel, commercial means a kennel where dogs are bred and/or sold for re-sale, individually or in litter lots, whether or not any of these animals are also kept for personal use, and where the business may be a primary source of income. Commercial kennels are also places where dogs are boarded, groomed or trained for a fee.

Kennel, hobby means a kennel where dogs are kept primarily for personal companionship, for recreational enjoyment, or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the premises for residential purposes, and is not a primary source of income.

Land surveyor, registered means a person licensed by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design, to practice land surveying in the state.

Large above ground swimming pool means a swimming pool with a capacity over 5,000 gallons and/or a wall height over 42 inches.

Large recreational equipment means and includes, but is not limited to, operable and licensed, as required by the state, travel trailers, chassis-mounted campers, motor homes, tent trailers, slide-in campers, airplanes, and converted buses, snowmobiles and trailers, boats/watercraft and trailers, fish houses and trailers, all terrain vehicles, and utility trailers. The term "large recreational equipment" shall only include any unit that exceeds a height of six feet and exceeds 18 feet in length. Minor appendages such as antennas, trailer tongues, windshields, masts, etc., shall not be used when determining the length or height of the equipment. A fish house, boat, and snowmobile or other recreational equipment, when stored or kept on a trailer, shall be considered as one unit. The term "recreational equipment" does not include a motor vehicle designed or used for off-road racing, off-road use, or demolition derby.

Light manufacturing means the manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure and serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

Livestock means cattle, horses, swine, sheep, goats, mules, donkeys, buffalo, cattalos, and poultry.

Lot means a single parcel of land, separate from other parcels of land, of sufficient size to meet or exceed the minimum zoning requirements of this chapter.

Lot of record means a single parcel of land, described by metes and bounds or by plat, for which a separate deed has been filed in the county recorder's office, and subject to its own property tax identification number.

Lot line means the boundary line of a lot.

Front lot line means any lot line abutting a public or private street. In the case of a through lot, the front line shall only be the one adjacent to the street which provides the primary access to the lot or towards which the main building on the lot is oriented.

Rear lot line means any lot line which is not a front lot line or a side lot line.

Side lot line means any lot line that intersects with the front lot line. A side lot line shall include any linked segments or arcs which have a bearing which is within 45 degrees of a line drawn perpendicular to the front lot line.

Lower-potency hemp edible product means a product as defined under Minn. Stat. § 342.01, subd. 50.

Lower-potency hemp edible manufacturer means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.45.

Lower-potency hemp edible retailer means a retail business that receives a state-issued license pursuant to Minn. Stat. § 342.46.

Lowest floor means 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 the basement area, is not considered a building's lowest floor.

Manufactured home means a manufactured structure of at least 320 square feet, intended for human habitation, that is not affixed to or part of real estate, that is transportable in one or more sections, and that is constructed and installed in accordance with the state's prefabricated structures and manufactured building code. The term "manufactured home" does not include the term "motor home."

Manufactured home park means a tract of land designed, improved, and maintained as a location for manufactured homes.

Manufactured structure means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.

Marina means a dock or area that provides secure mooring for a number of watercraft, and which may offer boating-related services.

Meat processing facility means a facility that allows for the processing of noninspected USDA meats not including slaughtering of animals.

Medical cannabis combination business means a cannabis business that can grow, manufacture, package, label, and sell cannabis products to both medical patients and adult consumers, and conducts operations pursuant to Minn. Stat. § 342.515.

Mining means the excavation, removal, and transport off of the site of the mining operation of sand, gravel, soil, clay, and other natural deposits. The washing, compounding, and crushing of the material taken from the site are incidental to the mining operation.

Monument sign means any freestanding sign with its sign face mounted on the ground and mounted on a base at least as wide as the sign. A monument sign shall be an on-site sign.

Motor freight terminal means a building in which freight is brought by motor truck and temporarily stored and prepared for further shipment by motor truck.

Motor home.

(1)

The term "motor home" means a vehicular-type unit which:

a.

Is built on a chassis or for use on a chassis;

b.

Is designed primarily as living quarters for recreational or travel use;

c.

Has its own motive power or is mounted on or drawn by another vehicle; and

d.

Has a width not to exceed nine feet and a length not exceeding 40 feet.

(2)

The term "motor home" is limited to:

a.

Vehicles originally manufactured and sold as recreational vehicles meeting the four conditions listed in subsection (1) of this definition; or

b.

Vans or buses specifically modified to meet the four conditions listed in subsection (1) of this definition.

(3)

The term "motor home" does not include manufactured homes.

Motor vehicle repair means repair of a motor vehicle in regards to brakes, transmission, tires, and other similar repairs, excluding auto body shops, paint shops, and tow lots.

Multi-family residence means a building, or portion of a building, containing two or more dwelling units sharing a common building entrance.

Net developable land area means the portion of the property that excludes any existing right-of-way, wetlands, steep slopes, and floodplain.

Noncommercial speech means messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

Nonconforming use, illegal means a lot, building, structure, premises or use unlawfully established and in violation of regulations applicable at the time of its development or initiation.

Nonconforming use, lawful means a lot, building, structure, premises or use lawfully established prior to the adoption of this chapter, or any amendment thereto that does not now conform with the applicable conditions or provisions of this chapter for the districts in which it is located.

Nondomestic animals means all animals other than humans, livestock, poultry, and pets.

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

Office of cannabis management means the state agency known as the Minnesota Office of Cannabis Management.

Open space means land areas protected from future development that are not occupied by a building, structure, parking area, street, alley, or required yards, and used for agriculture, natural habitat, landscaping, pedestrian corridors, or recreational purposes.

Parcel means an individual lot, tract, or plat of land.

Permitted use means a use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations, and performance standards of such district specified in this chapter.

Pet animals means dogs, cats, birds, ferrets, hamsters, gerbils, small reptiles, and similar animals commonly kept in homes for companionship, but not including livestock, poultry, wildlife, or rare and exotic animals.

Place of public assembly means a site occupied by 20 or more people at least five days per week for ten weeks in any 12-month period. The days and weeks need not be consecutive.

Place of worship means a room, building, or structure, where people regularly assemble for religious worship, and which is controlled by a religious body organized to sustain public worship activities.

Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties. The enforcement officers need not to determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.

Planned unit development means a residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations are waived or varied from to allow flexibility and creativity in site design and/or use.

Plant canopy means the surface area within a cultivation facility that is used at any time to cultivate mature, flowering cannabis plants. For multiple tier cultivation, each tier of cultivation surface area contributes to the total plant canopy calculation. This calculation does not include the surface area within the cultivation facility that is used to cultivate immature cannabis plants and seedlings.

Plant nursery means a business growing and selling trees, flowering and decorative plants, and shrubs.

Poultry means chickens, turkeys, emus, ostriches, and domesticated ducks, geese, and pigeons.

Principal use means the main use of a land or building as distinguished from accessory or incidental uses. A principal use may be either a permitted or conditional use.

Public waters means all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural watercourses, underground water resources, and similar features involving, directly or indirectly, the storage, conveyance or control of water, and all those waters defined in Minn. Stats. § 103G.005, subd. 15.

Public waters wetlands means all type 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are ten or more acres in size in unincorporated areas, or 2½ or more acres in incorporated areas.

Rare and exotic animals means animals defined, listed, and regulated by the U.S. Department of Agriculture as rare and exotic.

Recreation, indoor means a recreational activity conducted in a totally enclosed building with four walls and a roof, such as swimming, bowling, roller skating or ice skating, billiards, movie theaters, and other similar amusements.

Recreation, outdoor means a recreational activity conducted in the open air, or in a structure not totally enclosed by four walls and a roof, including sporting fields and arenas, pavilions, open-air theater and concerts, rodeos, and other similar amusements.

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

Recycling facility means any location where scrap materials are collected, stored, sorted, and prepared for shipment, sale, or reuse.

Regional flood means a flood that is representative of large floods known to have occurred generally in the state, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study for Washington County, Minnesota and Incorporated Areas dated February 3, 2010.

Regulatory flood protection elevation means an elevation established to control land use for the purpose of limiting property damage and loss of life due to flood. The regulatory flood protection elevation is two feet above the regional flood elevation established in the Flood Insurance Study prepared for Washington County, Minnesota and Incorporated Areas dated February 3, 2010 or identified in the city's Stormwater Management Plan in locations where the regional flood elevation has not been established in the aforementioned Flood Insurance Study, plus any increase in elevation caused by encroachment on the floodplain.

Residential equivalency means a unit of measure representing one housing unit.

Residential facility means any facility licensed by the state or county, which for gain or otherwise, regularly provides one or more persons with 24 hours per day care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment. Residential facilities include, but are not limited to institutions under the control of the commissioner of public welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children.

Residential zoning district is a term representing the combined areas of the urban residential, rural residential, and central residential zoning districts.

Retail sales means the sale of small quantities of goods or materials to the ultimate consumer.

Riparian means located on the bank or shore of a natural watercourse, lake, or public waters.

Roof mounted solar energy system means a solar energy system that is structurally mounted to the roof of a structure. These systems are generally affixed with a racking system and may be flush or angled.

Setback line means the required minimum horizontal distance between a building or structure, and the related front, rear, or side property line.

Sexually oriented business means adult bookstores; adult motion picture sales, rentals and presentation; adult massage parlors adult steam rooms and baths, adult companionship establishments; adult rap/conversation parlors; adult cabarets; adult novelty businesses; adult motion picture arcades; and all commercial enterprises that produce, distribute, sell, or promote goods and/or services that are comprised, totally or in part, of any of the following:

(1)

Materials depicting human sexual activity;

(2)

Sexually oriented toys or devices (except birth control devices);

(3)

Services or entertainment performed by persons in public or private while not wearing clothing which covers the genitalia and female breast below a point above the top of the areola;

(4)

The touching or fondling of human genitals, pubic region, buttocks, or female breast in public;

(5)

Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;

(6)

Use of animal or human ejaculation, sodomy, oral copulation, coitus or masturbation;

(7)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: Anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophlia, pederasty, pedophilia, piquersim, sapphism, or zooerasty.

Activities classified as obscene by Minn. Stat. § 617.241 are not included in this definition.

Shopping center means any grouping of two or more principle commercial buildings, whether a single lot or abutting lots, under multiple or single ownership.

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

Shoreland means all land located within 1,000 feet of the ordinary high-water level of a lake, pond or flowage, and 300 feet from a river or stream bank.

Shoreline is synonymous with the term "ordinary high-water elevation" (OHW).

Short-term rental means any temporary occupancy of a dwelling unit, a portion of a dwelling unit, or any other portion of a property or structure, which is offered for rent or occupancy to a transient as a dwelling for fewer than 30 consecutive calendar days. This term does not mean bed and breakfast as otherwise defined in this section.

Sign means a name, identification, description, display, illustration, structure or device that is affixed to, painted on, or represented directly or indirectly upon a building or other surface and is legible off the premises. A sign shall also include sign supports and brackets.

Sign, abandoned means a sign that no longer correctly advertises a bona fide business, lessor, lessee, owner, activity, use product or service available on the premises where the sign is displayed for a continuous period of three months.

Sign, advertising means a sign that directs attention to a business, profession, commodity, service, or entertainment not sold or offered on the premises upon which the sign is located. Advertising signs shall include billboards, poster panels, and other off-site signs.

Sign, awning means a sign that is painted or attached to an awning.

Sign, business identification means a sign which directs attention to a business, profession, commodity, service or entertainment sold or offered on the property upon which the sign is located.

Sign, construction means any sign that displays information regarding the construction or development under construction on the site in which it is displayed.

Sign, directional means a sign that serves primarily to direct traffic to the location of a place, area, or activity.

Sign, electronic graphic display means a sign or portion thereof displaying electronic images, graphics, or pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs are prohibited from flashing or pulsing. This display shall be a static image and no motion shall be displayed. Electronic graphic display signs include projected images or messages within these characteristics onto buildings or other objects.

Sign, freestanding means a sign that is self-supporting and affixed to a frame structure, not attached to a building.

Sign, garage sale means a temporary, on-site sign advertising a garage, yard, or similar sale.

Sign, grade of means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the sign and a line ten feet from the sign.

Sign, hanging means a sign that is suspended from a ceiling or overhang.

Sign, home occupation means a sign located at a residence advertising a business conducted in the residence or by a person in the residence.

Sign, menu/order board means a sign installed in a drive-through facility and intended for drive-though customers that advertises the products available at the facility.

Sign, monument means a single- or double-sided sign that is constructed with its base affixed to the ground, either directly or through a decorative base.

Sign, nonconforming means any sign that does not conform to the regulations of this chapter.

Sign, off-site means a sign which advertises any business, product, person, event or service conducted, sold, manufactured, or located off the premises where the sign is located.

Sign, on-site means a sign which advertises any business, product, person, event or service conducted, sold, manufactured, or located on the premises where the sign is located.

Sign, permanent means any sign other than a temporary sign.

Sign, political means a sign pertaining to an election to any public office or any ballot measure.

Sign, public means any sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news, and the like. This does not include any information that would be related to the products or services at the display site.

Sign, projecting means any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit.

Sign, pylon means a sign that is supported by one or more upright poles or braces.

Sign, real estate means any sign about the sale, lease, or rental of land or buildings.

Sign, special event means any temporary sign that advertises the sale of a product or service sold on the premises or otherwise directs attention to a specific site. Special event signs include banners, portable, pendants, whether or not its mounted to the building or freestanding.

Sign, temporary means any sign used only temporarily and is not permanently mounted.

Sign, video display means a sign 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 special effects to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which have 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. Video display signs include projected images or messages with these characteristics onto buildings or other objects.

Sign, wall means a sign affixed to the exterior wall, mansard roof, or soffit of a building that is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, or extend beyond the top of the parapet wall.

Sign, window means any sign placed on the interior window, or painted on a window such that it can be read from the outside of the building.

Signs means [that] it is unlawful for any person to construct, erect, install, or maintain any sign in the City of Hugo, except in conformance with this chapter.

Significant forested area means a stand or grouping of mature deciduous and/or evergreen trees encompassing one-half acre or more of land at a density of at least 25 trees per acre. Plots of trees planted and grown for sale as part of a nursery are not significant forested areas under this chapter.

Significant historic site means a building, structure, archaeological site, or other place that is listed on the national or state register of historic places, or meets the requirements for listing on the national or state historic registers, or is designated as a significant historic site by the city council. All unplatted cemeteries meeting the provisions of Minn. Stat. § 307.08 are significant historic sites.

Single-family attached housing means single-family homes that share one or more common walls with adjacent homes or other principal use, with a separate exterior entrance to each dwelling unit.

Single-family detached housing means single-family homes that do not share a common wall with any other home or other principal use.

Small above ground swimming pool means a swimming pool with a capacity of less than 5,000 gallons and wall height 24 inches to 42 inches.

Solar access means unobstructed access to the solar resource on a lot or building, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

Solar array means a group of solar panels wired together.

Solar energy easement means an easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land.

Solar energy system means a system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

Solar farm means a solar energy system that is composed of multiple solar panels where the primary land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm produces energy for wholesale to subscribers, or is capable of producing, or is otherwise intended to, produce energy beyond that which is necessary solely for on-site use.

Solar hot water system means a system that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

Solar panel means a panel designed to absorb the sun's rays as a source of energy for generating electricity or heating.

Solar resource means a view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard time on any day of the year.

Steep slope means land having an average slope exceeding 12 percent over a horizontal distance of 50 feet or more in a shoreland area, or 30 percent or more over a horizontal distance of 50 feet in all other areas.

Structure means any building or appurtenance, including decks, porches, sheds, foundations, or similar edifices that are artificially built up or composed of parts joined together in some definite manner.

Substantial improvement means within any consecutive 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 50 percent of the market value of the structure before the "start of construction" of the improvements. Exceptions to this provision are as follows:

(1)

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.

(2)

Any alteration of an historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure.

Substantial pipeline means a pipe with a nominal diameter of six inches or more used to transport hazardous liquids, and any pipe carrying gas at a pressure exceeding 275 pounds per square inch. Pipes used to transport hazardous liquid by gravity, or within a refining, storage, or manufacturing facility, are not included in this definition.

Swimming pool means any structure, basin, chamber, or tank designed to hold water to enable swimming, diving, recreational bathing, wading, or other leisure activities.

Through lot means a lot with frontage on two parallel or approximately parallel streets.

Townhouse means one unit of a single-family attached housing facility.

Transient means any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, whether in writing or otherwise, concession, permit, right-of-access, option to purchase, license, time-sharing arrangement, or any other type of agreement.

Twin house (duplex) means two single-family dwellings located on a common lot or parcel of land sharing a common wall and having separate exterior entrances.

Variance means a modification or deviation from any zoning standard where it is determined that the strict application of the standard would result in unnecessary hardships or practical difficulties due to the characteristics of the land and not of the property owner. Variances may be granted with respect to the placement of structures on the land, or the size of such structures, and the like. Variances may not allow the establishment of a use in a district where such use is not permitted by ordinance.

Warehouse means a building in which goods, merchandise, or equipment are stored for eventual distribution.

Water-oriented accessory structure means a small, above-ground structure or facility that has a reasonable need to be located closer to public waters than the building setback line. Examples are: Boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Wellhead means the top of a well where it reaches or protrudes above ground level.

Wholesale sales means the sale of commodities in large quantities for combining, processing, assembly, or later resale.

Wildlife means animals, other than livestock, poultry, and pets, born in a native and untamed state.

Yard means an open space at grade between the building and the adjoining lot lines.

Front yard means the yard across the full width of the lot extending from the front lines of the principal building to the front lot line.

Rear yard means the yard between the rear lot line and the rear line of the principal building and the side lot lines.

Side yard means the yard between the principal building and the adjacent side of the lot, and extending entirely from the front yard to the rear yard.

Zero lot line development means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Prior Code, § 1010-100.1; Ord. No. 2008-419, § 1(1010.100.1), 7-7-2008; Ord. No. 2007-414, § 1(1010-100.1), 12-3-2007; Ord. No. 2009-427, § 1, 3-2-2009; Ord. No. 2008-428, § 1, 3-2-2009; Ord. No. 2009-434, § 1, 10-5-2009; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-459, § 1, 10-3-2011; Ord. No. 2016-475, 12-21-2015; Ord. No. 2017-484, 6-5-2017; Ord. No. 2021-508, § 1, 9-20-2021; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

In their interpretation and application, the provisions of this chapter shall be held as the minimum requirements for the promotion of the public health, safety, morals, and welfare. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the more restrictive or higher standard shall apply.

(6)

Where a land use is stated as a principal, accessory, or conditional use in any zoning district, that use shall not be permitted in any other zoning district where it is not specifically allowed as a permitted, accessory, or conditional use.

(7)

Where this chapter makes reference to any state, federal, or local rule, regulation or law, and subsequently such rule, regulation or law is recodified, renumbered, or renamed, the reference herein shall be changed automatically to match the new citation.

(Prior Code, § 1010-90.1)

It is the intent of this chapter to establish regulations for the use, development and redevelopment of property within the city in order to promote the public health, safety, morals, and general welfare consistent with applicable law. This chapter is intended to incorporate a broad spectrum of land use regulations (including zoning, subdivision, shoreland, and floodplain regulations) into a single document to promote their understanding by the public, aid in their implementation, and ensure consistency between regulations. In addition to the above, this chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59—78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(Prior Code, § 1010-20.1; Ord. No. 2009-434, § 1, 10-5-2009)

The city does not warrant, represent, or guarantee the safety or feasibility of any land use or structure developed in accordance with these regulations. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any damages that may result from reliance on this chapter or any administrative decision made hereunder.

(Prior Code, § 1010-80.1)

(a)

Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, or altered, and no structure or land shall be used for any purpose, nor in any manner that is not in conformity with this chapter.

(b)

Except as specifically provided in this chapter, no parcel or lot of land shall be subdivided or split into two or more parcels or lots without approval of the city council.

(Prior Code, § 1010-50.1)