1. All ordinances of a permanent and general nature of the City of Lake Elmo, Minnesota, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the "Code of Ordinances of the City of Lake Elmo, Minnesota," for which designation "this Code" or "Lake Elmo Code" may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the Code.
2. Sections may be referred to and cited by the abbreviation "LEC" followed by the number, such as "LEC 1.04.010."
3. Headings and captions used in this Code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

All provisions of this title shall apply not only to this Code in its entirety, but also to ordinances hereafter adopted which amend or supplement this Code unless otherwise specifically provided.

Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Whenever a provision appears requiring the head of a department or some other city officer to do some act or make certain inspections, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

1. Gender, number and technical expressions. Words importing the masculine gender may be applied to females. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural may include the singular. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
2. Illustrations, tables and other graphic representations. In case of any difference of meaning or implication between the text of any section of this Code and any caption, illustration, or table, the text shall control. No caption, illustration, table or other graphic representation shall be construed to limit the scope or intent of the text of any section of this Code.
3. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
4. Minimum requirements. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

The catchlines of the several subsections and sections, and the headings of titles, chapters, articles and divisions of this Code are intended as mere catchwords to indicate the contents of the subsection, section, chapter, article or division, and shall not be deemed or taken to be a substantive part of such subsections, sections, chapters, articles or divisions, nor, unless expressly so provided, shall they be so deemed when any of such subsections, sections, chapters, articles or divisions, including the catchlines or other headings, are amended or reenacted.

Cross references, state law references, editor's notes and history notes are by way of explanation only and shall not be deemed a part of the text of any section.

If any provision of this Code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

The official time, as established by applicable state and federal laws, shall be the official time within the city for the transaction of all city business.

1. In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
2. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall be excluded.

1. This Code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced.
2. All prior ordinances pertaining to the subjects treated by this Code shall be deemed repealed from and after the effective date of this Code.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this Code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.

1. Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it when publication is required to give effect to it, unless otherwise expressly provided.
2. No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
3. When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

1. If the city council shall desire to amend any existing chapter or section of this Code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
2. Any ordinance which is proposed to add to the existing Code a new chapter or section shall indicate, with reference to the arrangement of this Code, the proper number of the chapter or section. In addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

1. All offenses committed under laws in force prior to the effective date of this Code shall be prosecuted and remain punishable as provided by those laws.
2. This Code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this Code. The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this Code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment, or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this Code had not been enacted.

The official copy of this Code shall be kept in the office of the city clerk for public inspection. The city clerk shall provide a copy for sale for a reasonable charge.

It is the intention of the city council that, when adopting this Code, all future amendments to any state or federal rules and statutes adopted by reference in this Code or referenced in this Code are hereby adopted by reference or referenced as if they had been in existence at the time this Code was adopted, unless there is clear intention expressed in the Code to the contrary.

The definitions and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in M.S.A. ch. 645, as it may be amended from time to time, are adopted by reference and made a part of this Code. As so adopted, references in that M.S.A. ch. 645 to laws and statutes mean provisions of the Code and references to the legislature mean the city council.

1. Prohibited acts.
   1. Any person must not do any of the following:
      1. Violate, fail to comply with, or assist, authorize, or permit the violation of a provision of this Code;
      2. Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of a city approval, including permits and licenses, required or granted under this Code; or
      3. Knowingly make or submit a false statement, document, or material omission in connection with an application or procedure required by this Code.
   2. No section or part of this Code designating the duties of an official, employee, or appointee of the city may be construed to make that person liable for the penalties provided herein.
2. Penalties.
   1. A person who violated subsection (a) of this section is guilty of a misdemeanor and upon conviction will be punished in accordance with state law, provided that, if a different punishment is stated in this Code, that provision governs the punishment for the violation.
   2. Designation as a petty misdemeanor means that upon conviction the sentence will be in accordance with state law. If not designated as a petty misdemeanor, a violation is a misdemeanor as set forth in subsection (b)(1) of this section.
   3. Each calendar day that subsection (a) of this section is violated constitutes a separate offense.
   4. A violation of subsection (a) of this section constitutes sufficient grounds for denial of an application required by this Code that is related to the violation.
   5. Action prohibited by subsection (a) of this section may, at the option of the city, void a city approval that is related to the violation.
   6. The city attorney may institute a legal proceeding in the name of the city to prevent, restrain, remedy, or abate a violation of subsection (a) of this section.
   7. Nothing in this section prevents the city from taking other action permitted by law, and the penalties and remedies provided here and under other law are cumulative.

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

Accessory building means a subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building.

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

Accessory use means a use incidental or subordinate to the principal use of the same land.

Adjacent lands means lands within 300 feet of the normal high water mark or any identified wetland.

Administration (wastewater service charge) means those costs attributable to monitoring a reporting card maintenance record system of the wastewater treatment works.

Administrator means the administrator of the city and the duties imposed upon the administrator in LEC 32.25 et seq., with respect to registration through the administrator's duly designated agents subject to the administrator's supervision, direction, and control.

Administrator, city clerk, means the city clerk/administrator.

Administrator, zoning, means the city zoning administrator.

Agricultural building means a structure on agricultural land, as defined below in the definition for the term "farm, rural," of this section, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown by the owner, lessee, or sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.

Agricultural entertainment business means an agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farms, on-farm tours, agricultural related museums, demonstrations of farming practices, techniques and methods, fee-based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture.

Agricultural museums means the keeping, restoration, maintenance and display of the structures, tools and equipment utilized in the production of agricultural products. Restoration and maintenance activity shall be limited to those structures, tools, and equipment permanently kept on display on the premises. Retail or wholesale sales of any product are specifically excluded.

Agricultural sales business means the retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25 percent of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business.

Agriculture means the production of livestock, dairy animals, dairy products, fur-bearing animals, horticultural and floricultural nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products.

Alarm site means a single premises or location, or a multi-tenant location, served by an alarm system or systems.

Alarm system means any mechanical, electrical, or radio-controlled device or system which is designed to emit, transmit, or relay a signal or message and which, when activated, is intended to summon, or that would reasonably be expected to summon, police, fire, or emergency medical services. The term "alarm system" includes intrusion alarms, but does not include:

1. An alarm installed on a vehicle, unless the vehicle is permanently located at a site; or
2. An alarm designed to alert only the inhabitants of a premises, and which does not constitute a local alarm.

All-terrain vehicle means a motorized flotation-tired vehicle of not less than three low-pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds.

Alley means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties where the principal frontage is on a street.

Animal control officer means the person contracted by the city that is responsible for animal control operations within its corporate limits.

Animals, domestic farm, means cattle, hogs, horses, bees, turkeys, geese, sheep, goats, chickens, and other animals commonly kept for commercial food-producing purposes.

Animals, domestic pets, means dogs, cats, birds, and similar animals, commonly kept in a residence.

Animation means the movement or the optical illusion of movement of any part of a sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street sign.

Antenna means a device placed outdoors on a building or structure and used to transmit and/or receive radio or electromagnetic waves, excluding: satellite dishes, ten feet or shorter whip antennas one inch or less in diameter, and television antennas having a total length of not more than six feet which are located on a dwelling or other permitted building.

Apartment means a room or suite of rooms with cooking facilities designed to be occupied as a residence by a single-family.

Applicant means a person that makes an application to the city on an application form provided by the city administrator.

At-large. A dog is considered to be at-large:

1. When a dog is off the premises of the owner and not:
   1. Under the control of the owner or a member of owner's immediate family by a leash, not exceeding six feet in length; or
   2. At "heel" beside a competent person having custody of the dog and obedient to that person's commands.
2. When the dog commits damage to the person or property of anyone other than the owner or creates a nuisance upon the property of one other than the owner, except in the defense of the owner, owner's family, or owner's property, unless confined in the process of being transported to or from the premises of the owner.

Attorney means the city attorney.

Auto or motor vehicle reduction yard means a lot or yard where one or more unlicensed motor vehicles, or the remains of an unlicensed motor vehicle, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment.

Automobile repair means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission, or differential, incidental body and fender work, minor painting, and upholstering service when the service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.

Automobile service station (gas station) means a place where any motor fuel, lubricating oil, or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing and oiling and sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and motor services to passenger vehicles and small trucks not exceeding 1.5-ton capacity. This definition shall not include major repair, rebuilding, or conditioning of engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair; overhaul, painting or paint job, vehicle steam cleaning, or automatic car or vehicle washing devices.

Automobile service uses means those uses catering to the traveling public. Automobile service uses include auto and truck laundry, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services, and restaurants. The sale of groceries and dry goods is also included in this definition when the sale of the goods is an accessory use to the above automobile service uses.

Awning means a roof-like cover, including, but not limited to, fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.

BOD (biochemical oxygen demand) or BOD5 means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius expressed in milligrams per liter. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water.

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

Beauty salon means any commercial establishment, residence, or other establishment, place, or event wherein cosmetology, including hair care, nail care, and skin care, is offered or practiced on a regular basis for compensation.

Bedroom means any room within a dwelling unit which, by virtue of its design and location, might reasonably be used as a sleeping room. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Beer or 3.2 percent malt liquor means any fermented, potable malt beverage containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics; however, 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:

1. Part or all of the feature is in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the water body;
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 water body.

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

Boardinghouse means a building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging are provided for three or more unrelated persons, but not to exceed eight persons.

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

Bona fide club means a club organized for social or business purposes, for intellectual improvement, or for the promotion of sports, where the serving of 3.2 percent malt liquor is incidental to and not a major purpose of the club.

Boulevard means the portion of the street right-of-way between the curb line and the property line.

Buildable land area means the gross land area less the unbuildable land area that includes hydric and restrictive soils, land with slopes over 25 percent, wetlands, areas that cannot accommodate septic systems, and land that has been acquired for municipal purposes.

Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal, or movable property of any kind. When any portion of a building is completely separated from every other part of a building by area separation, each portion of the building shall be deemed as a separate building.

Building code means the state building code.

Building footprint means the outline of the total area covered by a building's perimeter at the ground level.

Building height means the vertical distance between the average of the ground level elevations to the top of a flat roof, the deck line of a mansard roof, or the midpoint on a pitched roof which is between the highest point (peak of building) and lowest point (bottom of the truss at the top plate of the wall) on the roof.

Building line 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 official means the officer or other designated authority, certified by the state, charged with the administration and enforcement of the state building code, or the building officer's duly authorized representative.

Building setback means the minimum horizontal distance between one building and the lot line.

Building setback line means a line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluff line, or a high water mark or line, behind which buildings or structures must be placed.

Building sewer means the part of the drainage system which extends from the building drain to the point of connection to either a public sewer, a septic tank, a pumping chamber, or an individual sewage treatment system, for the purpose of conveying wastewater. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

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

Business of refuse collection means operating a refuse collection service for hire.

Cannabis business means a business licensed by the Office of Cannabis Management (OCM) as a cannabis business as defined by Minnesota Statutes, section 342.01.

Cannabis cultivation means a cannabis business that conducts an operation pursuant to Minnesota Statutes, section 342.30, as it may be amended.

Cannabis delivery means a cannabis business that conducts an operation pursuant to Minnesota Statutes, section 342.42, as it may be amended.

Cannabis event means a temporary cannabis event lasting no more than four days operating pursuant to Minnesota Statutes, section 342.39, as it may be amended.

Cannabis mezzobusiness means a cannabis business that conducts an operation pursuant to Minnesota Statutes, section 342.29, as it may be amended.

Cannabis microbusiness means a cannabis business that conducts an operation pursuant to Minnesota Statutes, section 342.28, as it may be amended.

Cannabis sales means the sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use cannabis products directly to consumers pursuant to Minnesota Statutes, section 342.27.

Cannabis manufacturing means a cannabis business that conducts an operation pursuant to Minnesota Statutes,section 342.31, as it may be amended.

Canopy means a detachable, roof-like cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather.

Capacity (sewer systems) means the internal liquid volume of a sewage tank below the outlet level. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Carport means an automobile shelter having one or more sides open.

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

Cesspool means an underground pit into which raw household sewage or other untreated liquid waste is discharged and from which the liquid is allowed to seep into the surrounding soil. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, including, but not limited to, streams, river, creeks, ditches, drainageways, canals, conduits, culverts, waterways, gullies, ravines, or washes; and including any area adjacent to the watercourse, which is subject to inundation by reason of overflow or floodwaters.

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.

Cigarette vending machine means any automatic vending machine used for the sale of cigarettes and matches, and controlled by the insertion of coins; it shall not include machines or devices used solely for the vending of service, food, or confections.

City means the area within the corporate boundaries of the city as presently established or as amended by ordinance, annexation, or other legal actions at a future time. The term "city" may also be used to refer to the city council and its authorized representatives.

City's trade area means the area located within the city limits and the area located within the limits of all Minnesota cities and townships which are contiguous to the city.

Civil defense means the preparations for and the carrying out of all emergency functions.

Civil defense emergency means an emergency declared by the governor under state statutes, or an emergency proclaimed by the mayor.

Civil defense forces means any personnel employed by the city and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions.

City means The City of Lake Elmo, County of Washington, State of Minnesota.

City Utility System means facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy.

Clean Water Act means the federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

Closure statement means a written statement prepared by the park owner which includes the following information:

1. A statement that the manufactured home park, or a portion of the manufactured home park, is closing and the anticipated date of closing;
2. A statement addressing the availability, location, and potential cost of other manufactured home park lot sites located within a 25-mile radius of the manufactured home park that is being closed; and
3. A statement of the probable relocation costs within a reasonable range which will be incurred by the park residents in order to relocate the park residents' manufactured home to a manufactured home park within a 25-mile radius.

Club means any corporation duly organized under the laws of the state for civic, fraternal, social, or business purposes, or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans' organization if it meets the following conditions:

1. It shall have more than 50 members.
2. For more than a year, it shall have owned, hired, or leased a building or space in a building of the extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members.
3. Its affairs and management shall be conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose.
4. None of its members, officers, agents, or employees shall be paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of the reasonable salary or wages as may be fixed and voted each year by the governing body of the club.

Club or lodge means a non-profit association or persons who are bona fide members paying annual dues.

Code, this Code, or this Code of Ordinances means this Code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

Collection point means any residence, place of business, or other place in the city with respect to which a "hauler," as defined in this section, has been hired for the purpose of collecting and transporting solid waste.

Combined sewer means a sewer intended to serve as a sanitary sewer and storm sewer.

Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, including restaurants, clubs, churches, schools, or where food is prepared or served.

Commercial lumbering or harvesting of forest products means any removal of trees that may result in the commercial sale of any wood or product of the tree.

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

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

Commercial user (sewer systems) means any place of business which discharges sanitary waste as distinct from industrial wastewater.

Commission (franchise fees) means The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.

Commissioner (intoxicating liquor) means the commissioner of public safety for the state.

Commissioner (shoreland) means the commissioner of the state department of natural resources.

Community sewage treatment system means a sewage treatment and collection system which collects sewage from two or more residences or other establishments, consisting of collector lines, pumps, sewage tanks, and soil treatment unit; for the purposes of administration, operation, maintenance, and replacement; individual off-site systems shall be considered community sewage treatment systems.

Comprehensive plan means the policies, statements, goals, and interrelated plans for private and public land and water use, transportation, and community facilities, including recommendations for planned execution; documented in text, ordinance, and maps, which constitute the guide for the future development of the community or any portion of the community.

Concealed weapon means whenever a person is carrying a weapon that is not readily ascertainable upon observing the person.

Conditional use means a specific type of structure or land use listed in individual zoning districts that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the zoning code.

Condominium. See Dwelling, multiple, or apartment building.

Conservation easement means an interest in real property created in a manner that imposes limitations or affirmative obligations regarding the use of property, including the retention, protection, and maintenance of open space.

Contractor maintenance shop means an area and/or building devoted to use by a person who contracts to do certain work in the fields of building or construction trades. If there is outside storage of construction equipment, it shall be placed to the rear of the contractor's maintenance shop and screened from adjacent properties by a landscape plan approved by the city council.

Council or city council means the governing body of the city.

County means Washington County, Minnesota.

Curb level means the grade elevation of the curb in front of the center of the building. Where no curb has been established, the community engineer shall determine a curb level or its equivalent for the purpose of this definition.

Current land use means the land use as it appears on the tax statement.

Current resident list means a list of names and addresses of adult residents of the manufactured home park.

DNR means the state department of natural resources.

Dangerous dog means any dog that has:

1. Without provocation, inflicted substantial bodily harm on a human being on public or private property;
2. Killed a domestic animal without provocation while off the owner's property; or
3. Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.

Day care center means any facility licensed by the state department of human services and operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a 24-hour day. The term "day care center" includes nursery schools, preschools, day care centers for individuals, and other similar uses, but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

Day spa means a safe, clean commercial establishment, which employs professional licensed therapists whose services include massage and body or facial treatments. Treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, nonsurgical face lifts, electrical toning, and electrolysis. Services may also include hydrotherapy and steam and sauna facilities, nutrition and weight management. No services or facilities may be offered or constructed that would include customer overnight stay.

Deadman throttle (safety throttle) means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

Decibel means the unit of sound measured on the "A" weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the Standards on Sound Level Meters of the USA Standards Institute.

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 and at any point extending more than three feet above ground.

Dedicated conservation easements means a non-possessory interest in real property imposing limitations on a parcel of land for the purposes of retaining and protecting natural or open space values of real property, assuring its availability for agricultural, forest, recreational, or other open space uses, and protecting natural resources. A conservation easement must be granted to a qualified land trust and the city. At the city's discretion, the conservation easement may go to the city if a qualified land trust does not accept the easement.

Depth of lot means the horizontal distance between the frontage right-of-way line and rear lot line. On a corner lot, the side with the largest frontage is its depth, and the side with the lesser frontage is its width.

Depth of rear yard means the horizontal distance between the rear building line and the rear lot line.

Design standards means the specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating, among other things, the optimum, minimum, or maximum dimensions of the items as rights-of-way, blocks, easements, and lots.

Designated recycling program means a program for the collection and recycling of recyclable materials which is instituted, sponsored, and controlled by the city and its contracted recycler.

Direct light means light emitted directly from a lamp, off a reflector, or through a refractor of a luminaire.

Dredging means the process by which soils or other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.

Drive-in means any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.

Dwelling means a building, or one or more portions of a building, occupied or intended to be occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. (See Dwelling unit.)

Dwelling, multifamily, or apartment building means a residential building, or portion of a building, containing three or more dwelling units served by one or more shared entrance.

Dwelling, seasonal, means a residential building not capable of year-round occupancy due to non-winterized construction or inadequate nonconforming year-round on-site sewage treatment systems.

Dwelling, single, means a residential building containing one detached dwelling unit.

Dwelling, single-family, means a residential structure designed for or used exclusively as one dwelling unit of permanent occupancy.

Dwelling, single-family attached, or townhouse, means a building containing independent dwelling units adjacently attached to each other, each with separate exterior entrances at the ground floor. Single-family attached must contain more than two units, but not exceed eight total units. The units may be on the same, or separate, lots.

Dwelling, single-family detached, means a single-family dwelling that is surrounded by yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

Dwelling unit means a residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used, or intended for use exclusively as living quarters for one family.

Easement means the right granted by a property owner to another or to the public to use a tract of land for the purpose of constructing and maintaining drives, and utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainageways, and gas lines.

Ecological characteristics means the features of a wetland which determines its function as a hydrological, botanical, or zoological resource. Ecological characteristics include, without limitation, water conveyance capacity including size and configuration of cross-section of the wetland, alignment of the wetland, gradient texture of materials along the wetland, size and configuration of the characteristics of structures within the wetlands, amount and type of vegetation within the wetland, amount and type of fish, birds, and mammals within the wetland, and the water purification function of the wetland.

Elderly housing (senior housing) means a facility consisting of three or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple-household attached dwellings, but may include other forms of attached or detached dwelling units as part of a wholly-owned and managed senior project.

Electric Facilities means electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use.

Eligible park resident means a park resident who satisfies the following criteria:

1. Park lot rent is current within 30 days of the anticipated park closing date and personal property taxes have been paid for the current and prior years. The owner's performance of the agreement shall be secured by a bond or a cash deposit filed with the administrator in the amount of $1,000.00;
2. Manufactured home has been maintained (including the roofing, siding, windows, flooring, and frame pursuant to the manufactured home park standards) for the year in which the manufactured home was constructed and the manufactured home is in good repair as determined by the city's building inspector;
3. Park resident is unable to locate space in a manufactured home park within a 25-mile radius which has the same or less restrictive standards; and
4. Personal credit history is not the reason for the park resident's inability to relocate to another manufactured home park.

Emergency means an unforeseen combination of circumstances which calls for immediate action to prevent such circumstances from developing or occurring.

Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by fire, flood, tornado, and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out the foregoing functions. Emergency management includes those activities sometimes referred to as "civil defense" functions.

Emergency management forces means the total personnel resources engaged in city-level emergency management functions in accordance with the provisions of LEC 3.16 or any rule or order thereunder. This includes personnel from city departments, authorized volunteers, and private organizations and agencies.

Emergency management organization means the staff responsible for coordinating city-level planning and preparation for disaster response. This organization provides city liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.

Engineer means the city engineer.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportional share of flood flows.

Equivalent residential unit (ERU) sewer systems means a unit of wastewater volume of 250 gallons per day and a strength not greater than 250 mg/L of BOD and 300 mg/L of total suspended solids.

Essential services (public utility uses) means underground or overhead gas, electric, steam, or water distribution systems; collection, communication, supply, or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings or transmission services.

Exclusive liquor store means an establishment used exclusively for the sale of intoxicating liquor at retail either "on-sale" or "off-sale," or both.

Exterior storage means the storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed in a building.

Exterior storage (includes open storage) means the storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.

Extra strength waste (sewer systems) means waste having a BOD and/or suspended solids greater than domestic waste as defined in the definition of the term "normal domestic strength wastewater" in this section.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other nonmetallic minerals, and peat not regulated under M.S.A. §§ 93.44 to 93.51, as they may be amended from time to time.

False alarm means the activation of an alarm system signal or message which elicits notification to and/or response by the county sheriff's office and/or city fire department when there is no evidence of a crime, fire, medical emergency, or other activity which warrants a call for immediate police, firefighting, or emergency medical assistance.

Family means an individual, or two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household, exclusive of servants.

Family entertainment center means amusement facilities that may include indoor miniature golf, child play areas, arcade games, batting cages, birthday party and family celebration rooms, indoor soccer/field hockey, children's adventure play gardens, and laser tag. Also typically included in this definition are small food and beverage areas and small retail areas. All facilities are non-alcoholic and smoke free.

Farm, rural, means the portion of a ten-acre or more parcel of land which is devoted to agriculture by the property owner or by a lessee of the property owner.

Farm, suburban, means a noncommercial, food-producing use primarily intended for the use of the residents, and usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets.

Farm school means a facility that supports a school program that emphasizes fostering a child's intellectual, social, physical, and emotional growth, using farm animals, agriculture, and nature as the learning environment and conducted as part of an operational farm.

Farmer means a person permanently residing on a tract of land of not less than ten acres in the city and who farms the land for a livelihood.

Fence means a partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure, not to include any roof or covering.

Fill means any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, or transported and shall include the conditions resulting from the act.

Final plat means a drawing or map of an approved subdivision, meeting all requirements of the subdivision ordinance, codified in LEC title 103, and in the form as required by law for the purposes of recording.

Finished fill means soil compaction area and the final grade outside the wall and foundation of a structure.

Fire or emergency medical alarm means a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire or medical emergency or supervisory signal initiating devices which are intended to summon fire or emergency medical services by the county sheriff's office and/or the city fire department.

Fish house means a water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage.

Fitness studio means a place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. A fitness studio may include exercise equipment; and shall exclude massage in any form. The maximum allowable floor area is 5,000 square feet.

Fixture means the assembly that holds the lamp. Fixtures may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.

Floatable oil means oil, fat, or grease in a physical state so that it will separate by gravity from wastewater.

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

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means the portion of the floodplain outside the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study for Washington County, Minnesota and incorporated areas.

Floodplain means the beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

Floor area means the gross area of the main floor of a residential building measured in square feet and not an attached garage, breezeway, or similar attachment.

Floor area, gross, means the sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included unless the area constitutes a story.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which the building or buildings are located.

Floor plan, general, means a graphic representation of the anticipated use of the floor area within a building or structure.

Floriculture means the cultivation and management of ornamental and flowering plants.

Footcandle means an illuminance equal to one lumen per square foot.

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

Forested area means any unit of land which has a density of trees greater than ten trees per acre.

Frontage means the boundary of a lot which abuts a public street.

Full cutoff luminaire means luminaire that allows no direct light emissions higher than 15 degrees below a horizontal plane through the luminaire's lowest light-emitting part.

Garage, private, means a detached one-story accessory building or portion of the principal building, including a carport, which is used primarily for the storage of passenger vehicles, trailers, or farm trucks.

Garage, repair, means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of the vehicles, auto wrecking establishments, or junk yards.

Garage, storage, means any premises, except those described as a private or repair garage, used exclusively for the storage of power-driven vehicles.

Garbage means solid waste resulting from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, or sale of meat, fish, fowl, fruit, or vegetable and condemned food.

Glare means direct light emitted from a luminaire that causes reduced vision or momentary blindness.

Golf Cart A self-propelled three or four-wheeled vehicle designated for and commonly used for transportation on a golf course that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 800 pounds. Vehicles that are required to be registered with Minnesota Department of Natural Resources do not fall within the definition of golf cart for purposes of this code.

Government user (sewer systems) means users which are units, agencies, or instrumentalities of federal, state, or local government discharging normal domestic strength wastewater.

Gray water means liquid waste from a dwelling or other establishment produced by bathing, laundry, culinary operations, and from floor drains, and specifically excluding toilet waste.

Greenhouses means a building used for the growing of plants, all or part of which are sold at retail or wholesale.

Gross acres means the total area of a parcel of land including wetlands, hydric soils, steep slopes, streets, and dedicated easements.

Hauler means a person engaged in the business of refuse collection.

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Height of building means the vertical distance between the lowest grade level at the building line and the uppermost point on the roof.

Hemp business means a business licensed by the Office of Cannabis Management (OCM) as a hemp business as defined by Minnesota Statutes, section 342.01.

Historic structure means a structure that is at least 50 years old, in its original state. Such structure shall add to the visual integrity of the landscape.

Historical 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 historical sites. An 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 historic society. All unplatted cemeteries are automatically considered to be significant historic sites.

Holding tank means a watertight sewage tank for the temporary storage of sewage until it is transported to an approved point for treatment and disposal. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Home occupation means any gainful occupation or profession engaged in by the occupant(s), and up to one non-occupant employee of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those allowed by the city;s sign regulations regarding home occupations are present.

Horticulture means the cultivation and management of trees, plants, grasses, vegetables, and fruits.

Hotel means a building having provision for nine or more guests 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 guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

Illicit connections means:

1. Either of the following:
   1. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
   2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
2. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Illicit discharge means any direct or indirect non-stormwater discharge to the storm drain system.

Illuminance means the level of light measured at a surface.

Impervious surface means any structure or surface which interferes to any degree with the direct absorption of water into the ground. Decks, pervious landscaping fabric, the surface water of pools and retaining walls shall not be included as impervious surface.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or other sewage treatment device. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Individual sewage treatment system means an on-site sewage treatment system connecting to a single dwelling or other establishment, consisting of soil treatment unit, septic tank, and any associated pumping and piping systems. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

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.

Industrial users or industries (sewer systems) means:

1. Entities that discharge into a publicly-owned wastewater treatment works, liquid waste resulting from the process employed in industrial or manufacturing processes, or from the development of any natural resources; these are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
   1. Division A. Agriculture, Forestry, and Fishing;
   2. Division B. Mining;
   3. Division D. Manufacturing;
   4. Division E. Transportation, Communications, Electric, Gas, and Sanitary Sewers; or
   5. Division I. Services.
2. Any non-governmental user of a publicly-owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

Industrial waste means the solid, liquid, or gaseous waste resulting from industrial or manufacturing processes, trade, or business, or from the development, recovery, or processing of natural resources.

Industrial wastewater (sewer systems) means the liquid, solid, or gaseous processing wastes from an industrial manufacturing process, trade, or business, including, but not limited to, all Standard Industrial Classification Manual divisions A, B, D, E, or I, as distinct from domestic wastewater.

Industry, municipal sewer system, means any non-governmental or nonresidential user of a publicly-owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, categorized in divisions A, B, D, E, and I.

Institutional housing means housing for students, mentally ill, infirm, elderly, nurses, physically retarded, and similar housing of a specialized nature.

Institutional user (sewer systems) means users other than commercial, governmental, industrial, or residential users, discharging primarily normal domestic strength wastewater (e.g., non-profit organizations).

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

Interim use means a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

Intoxicating liquor and liquor mean ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2 percent alcohol by weight.

Intrusion alarm means a robbery, burglary, panic, or other alarm intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.

Junk. All exterior storage not permitted by LEC 105.04.020 or included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by the provisions of this Code, is defined as junk within the meaning of LEC 9.28.030(b)(11).

Junk yard means an area where 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 used building materials. Storage of the material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

Kennel, animals, means any place where four or more of any type of domestic pets, over four months of age, are owned, boarded, bred, or offered for sale.

Lamp means the component of a luminaire that produces light.

Land alteration means the excavation or grading of land involving movement of earth and materials in excess of 50 yards.

Land reclamation means the reclaiming of land by depositing material so as to elevate the grade, depositing of a total of more than 50 cubic yards of material per lot or parcel, either by hauling in or re-grading the area.

Landscaping means planting trees, shrubs, and turf covers such as grasses and shrubs.

Licensee means any park operator licensed by the state to maintain and operate a manufactured home park.

Lift means the mechanical system designed to elevate or lower someone or something up or down a topographical slope.

Light trespass means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

Loading space means a space, accessible from a street, alley, or way, in or outside of a building, for the use of trucks while loading and unloading merchandise or materials.

Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of the structure.

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

Lower-potency hemp edible manufacturing means a hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended.

Lower-potency hemp edible sales means a hemp business that conducts an operation pursuant to Minnesota Statute Section 342.46, as it may be amended.

Lot.

1. The term "lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
2. The term "lot" means an area within a manufactured home park designed or used for the accommodation of a manufactured home.

Lot area means the minimum of a horizontal plane within the lot lines.

Lot area minimum per family means the minimum number of square feet or acres of lot area required per dwelling unit.

Lot, buildable, means a lot which meets or exceeds all requirements of the community land use and development ordinances without the necessity of variances.

Lot consolidation means the combining of two or more existing parcels into one parcel and recorded as one parcel with the county recorder's office.

Lot, corner.

1. The term "corner lot" means a lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of a deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.
2. The term "corner lot" means a lot situated at the intersection of two streets, the interior angle of the intersection not exceeding 135 degrees.

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

Lot improvement means any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment.

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

Lot line means the property line bounding a lot, except that, where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of the public right-of-way shall be the lot line.

Lot line, front, means the boundary of a lot which abuts a public street. In the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot in a nonresidential area, the lot shall be deemed to have frontage on both streets.

Lot line, rear, means the boundary of a lot which is opposite to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

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

Lot, non-riparian, means a separate parcel of land within a designated shoreland area but which does not have frontage along a lake or tributary stream.

Lot, riparian, means a separate parcel of land within a designated shoreland area having frontage along a lake or tributary stream.

Lot, through, means any lot other than a corner lot which abuts more than one street. On a through lot, all the street lines shall be considered the front lines for applying this definition.

Lot width means the horizontal distance between the side lot lines of a lot measured at the setback line.

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

Lumen means a unit of measurement of the light emitted from a source.

Luminaire means the complete lighting system, including the lamp and the fixture.

MDH means the Minnesota Department of Health.

MPCA means the Minnesota Pollution Control Agency.

M.S.A. means and refers to the latest edition or supplement of Minnesota Statutes Annotated.

Manufactured home.

1. The term "manufactured home" means a structure, not affixed to or a part of real estate, 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 placed on a lot, 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 system contained in it.
2. The term "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 in the structure. The term "manufactured home" includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under the M.S.A. § 327.31, subd. 3, as it may be amended from time to time. No manufactured dwelling shall be moved into the city that does not meet the Manufactured Home Building Code as defined in M.S.A. § 327.31, subd. 3. The term "manufactured home" does not include recreational vehicles as regulated in the zoning code.

Manufactured home lot means a parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.

Manufactured home park means any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park. The term "manufactured home park" does not include facilities which are open daily during three or fewer seasons of the year.

Manufacturing, general, means all manufacturing, compounding, processing, packaging, treatment, or assembly of goods or materials which involve a risk of offensive or dangerous noise, odor, or pollution beyond the lot on which the use is located. Uses include, but are not limited to, the following: sawmill, refineries, commercial feedlots, acid, cement, explosives, flour, feed, and grain milling or storage, meat packaging, slaughter houses, coal or tar asphalt distillation, rendering of fat, grease, lard, or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster of pans, tanneries, automobile parts, paper and paper products including storage, electric power generation facilities, vinegar works, junk yards, auto reduction yards, foundry, forge, casting of metal products, rock, stone, and cement products.

Manufacturing, limited, means all compounding, processing, packaging, treating, or assembling of goods and materials, provided the use will not constitute a nuisance because of offensive odors, glare, smoke, dust, noise, vibrations, or other pollution extending beyond the lot on which the use is located. Uses include, but are not limited to, the following: machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), bodywork and painting, contractor shops and storage yards, food and non-alcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, used auto parts, warehousing, and wholesale business.

Manure means any solid or liquid containing animal excreta.

May means the act referred to is permissive.

Medical uses means those uses concerned with the diagnosis, treatment, and care of human beings. Medical uses include: hospitals, dental services, medical services or clinics, nursing or convalescent homes, orphan's homes, rest homes, and sanitariums.

Mining means the excavation, removal, or storage of sand, gravel, rock, soil, clay, and other natural deposits within the city, except:

1. For the purpose of the foundation, cellar, or basement of some pending structure, for which a permit has been issued, and which is to be erected immediately following the excavation, removal, or storage;
2. For the purpose of construction of sewer lines, storm sewers, water mains, surface water drainage, agricultural or conservation purposes, and sod removal;
3. For the moving of dirt for landscaping purposes on a lot used or to be used for residential purposes; or
4. For the moving of dirt within the construction limits of a road project.

The term "mining" also means the extraction of sand, gravel, rock, soil, or other material from the land and the removal thereof from the site. Mining shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats, or utility highway construction, minor agricultural, and sod removal.

Minn. R. means and refers to the latest edition or supplement of the Minnesota Administrative Regulations codified as "Minnesota Rules."

Modular or prefabricated home means a non-mobile dwelling unit for year-round occupancy constructed or fabricated at a central factory and transported to a building site where final installations are made permanently affixing the dwelling to the site. The dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of the state building code.

Monopole means a freestanding, self-supporting tower that uses a single pole, does not use a lattice design and has no guy wires.

Month means a calendar month.

Motor courts, motor hotel, or motel means a building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.

Motor freight terminal means a building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck.

Motorboat means a watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.

Mottling means a zone of chemical oxidation and reduction activity within the soil, appearing as patches of red, brown, orange, or gray or combination of these colors.

Mound system means an alternative sewage treatment system designed with the soil treatment area built above existing grade to overcome the limitations of water table, bedrock, or soil permeability. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Multi-tenant building means a grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached.

Municipal separate storm sewer system (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

Municipal urban service area means an area guided for municipal sanitary sewer service.

National pollutant discharge elimination system (NPDES) stormwater discharge permit means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

Natural soil means soil which exists undisturbed in its natural state; fill shall be considered as natural soil after it has been in place for a minimum of 12 months.

Natural terrain means areas other than roadways or driveways (private or public), parking lots, and other areas the surface of which has been intentionally modified for motor vehicle operation.

Net density means the number of housing units divided by the amount of net developable land. Net developable land does not include water bodies (including wetlands and lakes, but not stormwater ponds), parks and open space (only if owned by the city and available for public use), arterial right-of-way, and other land reserved for future development or not developable according to city ordinances (i.e., steep slopes or conservation areas).

Noise, ambient, means the all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from any sources near and far or a single predominate source.

Non-agricultural low impact means the outdoor storage of off-road mobile construction equipment of any weight; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the city council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmers' markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses.

Noncommercial speech means a sign that contains a noncommercial message. Examples of noncommercial messages include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

Non-contact cooling water means water discharged from uses such as air conditioning, cooling, or refrigeration, where the only pollutant added is heat.

Nonconformity or nonconforming use means any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of zoning regulations or amendments to the zoning regulations that would not have been permitted to become established under the terms of the zoning regulations as now written, if the zoning regulations had been in effect prior to the date it was established, recorded, or authorized.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Normal domestic strength wastewater means wastes which are characterized by a per capita discharge of 75 gallons per day at a loading not greater than 250 mg/L BOD and 300 mg/L total suspended solids.

Noxious matter means material which is capable of causing injury or is in any way harmful to living organisms or is capable of causing detrimental effect upon the physical or mental health of human beings.

Nursing home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. The nursing home shall be licensed by the state as provided by law.

Oath means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." All terms shall mean a pledge taken by the person and administered by an individual authorized by state law.

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

Occupant means the person living in an individual home.

Off-sale means the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold.

Office use means those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired, including, but not limited to, banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting, and similar uses.

Officer, office, employee, commission, or department means an officer, office, employee, commission, or department of the city unless the context clearly requires otherwise.

Official control means legislatively defined and enacted policies, standards, precise detailed maps, and other regulations and performance standards all of which control the physical development of the city or any part of the city, for the purpose of accomplishing the general objectives of the comprehensive plan. The official controls may include, but are not limited to, ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps.

Official map means a map adopted in accordance with the provisions of M.S.A. § 462.359, as it may be amended from time to time.

On-sale means the sale of liquor by the glass for consumption on the premises only.

Open bottle means any container, bottle, or other receptacle for liquor in which the cork, bottle cap, lid, or other sealing device is not in place and in a closed position.

Open door means anytime an officer or citizen discovers a door or window which is not properly secured, in a location which is protected by an alarm; and/or, anytime an officer responds to an alarm and discovers a door or window which is not properly secured.

Open fire or open burning means a fire burning in a manner, whether concentrated or disbursed, which is not contained within a fully enclosed firebox, structure, or vehicle and from which the products of combustion are emitted directly to the open atmosphere without passing through stack, duct, or chimney.

Open sales lots means lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building.

Open space means a tract of land used for agricultural, natural habitat, walkways (sidewalks) and pathways, and/or neighborhood recreational purposes.

Open space area means the measurement of all undeveloped land and natural features within a subdivision or planned unit development. Trails outside of the road right-of-way and agricultural buildings are included in the open space area. Road right-of-way and buildable lots are not considered open space areas.

Open Space Preservation (OP) permits means, generally, permits issued in connection with the city's review and approval of a development within an OP.

Open storage means storage of any material outside of a building.

Operate (snowmobiles, all-terrain vehicles, and golf carts) means to ride in or on and control the operation of a snowmobile, all-terrain vehicle, or golf cart.

Operation and maintenance costs (sewer systems) means expenditures for the wastewater treatment facilities to provide the performance for which the facilities were constructed; the term "operation and maintenance" includes replacement.

Operator (snowmobile and recreational vehicles) means every person who operates or is in actual physical control of a snowmobile or ATV.

Ordinary high water mark or elevation (OHW) 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.

Organic Waste means organic waste material typically includes food waste, non-recyclable paper products, yard waste, and other materials that readily degrade.

Other establishment (sewer systems) means any public or private structure other than a dwelling which generates sewage.

Outlot means a lot remnant or irregular parcel of land included in a plat, which may be used as open space; the outlot may be a large tract that could be subdivided in the future or may be too small to comply with the minimum size requirements of city zoning and subdivision ordinances and not usable as a building site.

Owner.

1. The term "owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.
2. The term "owner" means and includes all persons interested in the property as fee simple owner, life estate holder, encumbrancer, or otherwise.

pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Package or original package means and includes any container or receptacle holding liquor, which container or receptacle is corked or sealed.

Paddle boat means a non-motorized watercraft 19 feet in length or less that is propelled solely by a paddle wheel peddled by an operator or passenger.

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

Park and ride means parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for the purposes of commuting, or for access to recreation areas.

Park closing means the conversion of all or a portion of the occupied lots of a manufactured home park to another use or the termination of use of the manufactured home park.

Park operator means the person who owns, maintains, or operates a manufactured home park properly licensed under state law.

Park owner means the owner of a manufactured home park.

Park resident means an owner of a manufactured home located on a lot in a manufactured home park within the city who rents the lot and occupies the manufactured home as a principal residence.

Parking space means a suitably surfaced and permanently maintained area on privately-owned property, either within or outside of a building of sufficient size, to store one standard automobile, ten feet by 20 feet.

Parks and playgrounds mean public land and open spaces in the city dedicated or reserved for recreation purposes.

Pedestrian way means a public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.

Percentage of grade means the slope of a surface, such as a vertical rise or fall expressed as a percentage of the horizontal distance.

Percolation rate means the calculated time rate of drop of a water level in a test hole as specified in the sewer regulations.

Performance standards means the minimum development standards as adopted by the governing body and on file in the office of the building official.

Permanent outdoor luminaire means any luminaire or system of luminaries that is outdoors and that is intended to be used for seven days or longer.

Person.

1. The term "person" means any natural individual, firm, partnership, association, or corporation. As applied to partnerships or associations, the term "person" includes the partners or members; as applied to corporations, the term "person" includes the officers, agents, or employees.
2. The term "person" extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever" as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
3. Any person, firm, corporation, or association which owns any coin-operated machine. The person, firm, corporation, or association in whose place of business any coin-operated machine is placed for use by the public. The person, firm, corporation, or association having control over the machine. The payment of the fee by any person, firm, corporation, or association enumerated in LEC 11.04.100 et seq. shall be deemed a compliance with LEC 11.04.100 et seq.

Planner means the city planner.

Planning agency means a planning commission or department, however created, or the office of a planning or zoning director or inspector or the office of any official designated as the planning or zoning director or inspector, together with any staff members, employees, or consultants of the commission, department, director, inspector, or official, and the board of adjustment and appeals and its employees or staff.

Planning commission means the duly appointed planning commission of the city.

Plastic limit means a soil moisture content, below which the soil may be manipulated for the purpose of installing a soil treatment system.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Porch means a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes.

Potentially dangerous dog means any dog that:

1. When unprovoked, inflicts bites on a human or domestic animal on public or private property;
2. When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control.

Preceding or following means next before or next after, respectively.

Preliminary plat means a tentative drawing or map of a proposed subdivision meeting requirements enumerated in the subdivision regulations codified in LEC title 103.

Preschool means a licensed facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. The term "preschool" does not include school-aged childcare.

Primary conservation area means wetlands, hydric soils, restrictive soils, shorelands, and steep slopes which shall be preserved.

Principal structure or use means one which determines the predominant use as contrasted to accessory use or structure.

Private open space means open space owned by a private legal entity.

Prohibited waste means Solid Waste which is unacceptable for collection, processing, or disposal due to the physical or chemical nature of the material or due to a facility's inability to properly manage the waste.

Proper enclosure means securely confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.

Protective or restrictive covenants means declarations made by an owner or contracts made between owners as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvements, or other improvements for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public land means land owned or operated by a municipality, school district, county, state, or other governmental unit.

Public parks or park means real property owned by the city devoted to recreational use.

Public place means any park, street, sidewalk, athletic field, or building which is maintained and controlled by the city and subject to use by the public at-large.

Public waters means any waters as defined in M.S.A. § 103G.005, subd. 15, as it may be amended from time to time.

Race track means any area where two or more power-driven vehicles or animals are raced for profit or pleasure.

Reach (floodplain) means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recording studio means the premises owned or leased by a production organization for the purpose of recording sound and/or video. The term "recording" shall mean capturing the original live performance of musicians and/or actors onto disc, tape, solid state device, or whatever medium is dictated by the state of the art. The function of a recording studio shall also include post-production in which sound and/or pictures are combined/edited and processed into a final form for broadcast, compact disc, or whatever media is currently in vogue.

Recreation equipment means play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, play houses exceeding 25 square feet in floor area, or sheds utilized for storage of equipment.

Recreation vehicle parks means a park, court, camp site, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined in this section, and upon which the recreation vehicles are parked. The term "recreation vehicle park" shall include all buildings used or intended for use as part of the equipment of the park, whether a charge is made for the use of the park and its facilities or not.

Recreational fire means:

1. A fire set for cooking, warming, recreational, or ceremonial purposes which does not exceed three square feet and three feet in height, and has had the ground five feet from the base of the fire cleared of all combustible material.
2. Fires which do not exceed four feet in diameter, and three feet in height. Fires which exceed this size must have a permit.

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

Recyclable materials means items of refuse which are part of any authorized recycling program and which are intended for transportation, processing, and manufacturing or reuse, including, but not limited to, paper, glass, aluminum and other metal cans and containers, corrugated cardboard, magazines, and certain types of plastics.

Refuse means putrescible and non-putrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, and incinerator residue.

Refuse collection service means a private operation engaged in solid waste collection and solid waste transportation.

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood" used in the flood insurance study.

Registered owner of motor vehicle means the owner and address as shown on the records of the office of motor vehicle registration of the state highway department.

Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Religious institutions means establishments that are intended to primarily provide meeting areas for religious activities. Accessory uses include Sunday school facilities, parking, caretaker’s housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques.

Relocation costs means the reasonable cost of relocating a manufactured home from a manufactured home park in the city to another manufactured home park within a 25-mile radius; the cost includes expenses incurred in the following categories:

1. Preparation for move. Reasonable costs incurred to prepare the manufactured home for transportation to another site. This category does include crane services but not the cost of wheel axles, tires, frame welding, or trailer hitches.
2. Transportation to another site. Reasonable costs incurred to transport the manufactured home to another manufactured home park within a 25-mile radius. This category includes the cost of insuring the manufactured home for its replacement value while the manufactured home is in the process of being relocated and the cost of obtaining moving permits, provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category does not include the cost of moving personal property.
3. Hookup at new location. The reasonable cost of connecting the manufactured home to utilities at the relocation site, provided that this category does include crane services. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home.

Replacement costs (sewer systems) means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the wastewater treatment facilities to maintain the capacity and performance for which the facilities were designed and constructed.

Research means medical, chemical, electrical, metallurgical, or other scientific research and quality control, in accordance with the provisions of this section.

Residential dwelling means a building used or intended to be used as a personal residence by an owner, part-time owner, or lessee of the residence. This includes both single-family residences and multi-unit residents.

Residential Treatment Facility means any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provides chemical dependency or mental health services.

Residential user (sewer systems) means those users which are connected to the public wastewater collection system as distinct from industrial, commercial, institutional, and governmental users.

Resort means any structure or group of structures containing more than two dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purpose of the structure or structures being recreational in nature. Uses may include a grocery for guests only, fish cleaning house, marine service, boat landing and rental, recreational area and equipment, and similar uses normally associated with a resort operation.
Restaurants.

1. The term "restaurant" means any establishment, other than a hotel, having appropriate facilities for the serving of meals to not less than 30 guests at one time.
2. To qualify as a restaurant, the establishment shall meet all of the following conditions:
   1. Meals shall be regularly furnished at tables to the general public, in consideration of payment.
   2. An adequate staff shall be employed to provide the usual and suitable services to its guests.
   3. The principal part of its business shall be the serving of food.
   4. It shall be under the control of a single proprietor or manager.
   5. The ground floor of the establishment must comprise an area of not less than 2,000 square feet of usable floor space, which area may include the back bar area in addition to the area used for dining and drinking, but shall exclude the kitchen and storage areas.

Rubbish means non-putrescible solid wastes, including ashes, consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, fallen leaves, tree trimmings, parts of dead trees, wood, glass, bedding, crockery, or litter of any kind.

Runway means a surface of an airport landing strip.

Runway instrument means a runway equipped with navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

Rural hamlet means a group of five to 25 housing units located in a contiguous group, with adjacent and fronting lots oriented towards each other in some geometric way as on a street or a village green or square, and forming a distinct boundary with the countryside.

Safety throttle (deadman throttle) means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

Sailboard means a single passenger, non-motorized watercraft using a surfboard-type hull and a free sail system which, without capsizing, allows the sail to lie flat in the water when not supported by the operator.

Sale or sell (intoxicating liquor) means to directly or indirectly, by any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction.

Saloon means an establishment, such as a bar or a lounge, which sells 3.2 percent malt liquor on sale at retail and which may also sell cigars, cigarettes, all forms of tobacco, beverages, and soft drinks.

Sand means a soil texture composed by weight of at least 85 percent of soil particles ranging in size between 0.05 and 2.0 mm.

Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally discharged.

Sanitary waste means the liquid and water-carried wastes discharged from sanitary plumbing facilities.

Satellite dish or satellite earth station antenna means a round, conical, or cone-shaped device more than 18 inches in diameter and placed outdoors on the ground or on a structure and used to transmit and/or receive radio or electromagnetic waves.

Scavenging means the unauthorized collection of recyclable materials that have been specifically set out by residents of the city for the purpose of participating in curbside recycling programs.

Schools, public and private, means establishments at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime schools, boarding schools, and military academies. Exemptions:

1. Preschools are classified as day care facilities; and
2. Business schools and professional private trade schools.

Screening:

1. The term “screening” means fences at least five feet high or earthen berms at least three feet high with compact evergreen or deciduous hedges which extend at least three feet beyond the object to be screened, or vegetative or landscaping materials sufficient to provide a complete screen to the same height, to block direct visual access.
2. The term "screening" also means and includes earth mounds, berms, or ground forms, fences, and walls; landscaping (plant materials) or landscaped fixtures (such as timbers); used in combination or singularly, so as to block direct visual access to an object.

Second conservation area means woodlands, meadows, viewsheds/corridors, and historic structures.

Secondary dwellings means a residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage.

Seepage pit (leaching pit or dry well) means a lined underground pit into which sewage tank effluent or other liquid waste is discharged and from which seepage into the soil occurs through the bottom and sidewall openings. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Senior housing. See Elderly housing.

Septage means those accumulated solids and liquids removed from a sewage tank or holding tank during regular periods of maintenance. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Septic tank means a sound, durable, watertight sewage tank designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquids, digest organic matter, and store liquids through a period of detention. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

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, road, highway, property line, or other facility. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Sewage means any water carrying domestic water, exclusive of footing and roof drainage, from any dwelling, industrial, agricultural, commercial establishment, or other structure. Domestic waste includes, but is not limited to, liquid waste produced by bathing, laundry, and culinary operations, and liquid waste from toilets and floor drains, and specifically excludes animal waste and commercial process waste. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Sewage tank means a watertight tank used for the retention of sewage, which includes, but is not limited to, septic tanks, holding tanks, and dumping chambers. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Sewer system means the municipal sanitary sewer system.

Shall, must means the act referred to is mandatory.

Shopping center means any grouping of two or more principal retail uses whether on a single lot or on 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 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 foliage; and 300 feet from a river or stream, or the landward extend 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.

Signature or subscription means and includes a mark when the person cannot write.

Site, previously developed, means a lot or parcel upon which a dwelling or other establishment is in existence as of the enactment of the ordinance.

Site, soil treatment, means the area bounded by the dimension required for the proper location of a soil treatment system.

Slope means the ratio of vertical rise or fall to horizontal distance.

Slow no-wake means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five miles per hour.

Slug means any discharge of water, wastewater, or industrial waste which in concentration of any given constituent, or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flow during normal operation.

Small engine repair means the tune-up, winterizing, rebuilding, and general repair of internal combustion engines of 24 rated horsepower or less, together with repairs and replacement of mechanical components of the machines or tools powered by the engines, including, but not limited to, lawn mowers, snow blowers, garden tillers, chain saws, and pumps; and specifically excluding snowmobiles, ATVs, motorcycles, and personal watercraft. Retail or wholesale sales of any product are specifically excluded.

Snowfall.

1. The term "snowfall" means ground accumulation of snow two inches or more within a 24-hour period.
2. The 24-hour period shall be counted back from 8:00 a.m. of the day in determining whether there is an accumulation of two inches.

Snowmobile means a self-propelled vehicle designed for travel on snow or ice, steered by skis or runners.

Soil characteristics, limiting, means those soil characteristics which preclude the installation of a standard system, including, but not limited to, proximity to bedrock or water table, and percolation rates which are excessively fast or excessively slow.

Soil modification means the alteration of natural soil conditions by means, including, but not limited to, placement of fill, removal of soil, or alteration of topography.

Soil survey means the U.S. Department of Agriculture, Soil Conservation Service, Soil Survey of Washington County, 1977.

Soil textural classification. Where soil particle sizes or textures are specified in this Code, they refer to the soil textural classification found in the Soil Survey Manual, Handbook No. 18, U.S. Department of Agriculture, 1951.

Solid waste means garbage, refuse, and other discarded solid materials, except animal waste used as fertilizer, including solid waste materials resulting from industrial, commercial, and agricultural operations; solid waste does not include earthen fill, boulders, rock, and other materials normally handled in construction operations.

Solid waste collection means the gathering of solid waste from public or private places.

Solid waste transportation means conveyance of solid waste from one place to another, by means of vehicle, rail car, water vessel, conveyor, or other means.

Special items means waste that cannot be disposed of through typical curbside services, and requires additional or specific handling for proper disposal.

Special pickup means any collection of materials other than garage, other refuse, organic waste, recyclables or yard waste including major appliances, furniture, oversized materials and construction debris.

Stable, private, means the keeping, breeding, raising, and uses of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the primary objective.

Standard system means an individual sewage treatment system employing a building sewer, sewage tank, and the soil treatment system commonly known as a dram field or leach field.

State means the State of Minnesota.

State disposal system (SDS) permit means any permit, including any terms, conditions, and requirements of the permit, issued by the MPCA pursuant to M.S.A. § 115.07, as it may be amended from time to time, for a disposal system as defined by M.S.A. § 115.01, subd. 5, as it may be amended from time to time.

State funds means any bond revenues or any money appropriated or allocated by the legislature.

Steep slope.

1. The term "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 definition.
2. 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.

Stock in trade means any equipment, merchandise, or materials necessary to or used in a trade or business.

Storm drainage system means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or altered drainage channels, reservoirs, and other drainage structures.

Storm sewer or storm drain means a drain or sewer intended to carry stormwater, surface runoff, groundwater, subsurface water, street wash water, drainage, and unpolluted water from any source.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Stormwater management plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

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

Street means a public right-of-way affording primary access by pedestrians or vehicles, or both, to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard. The term "public," in the subdivision regulations, means that the right-of-way has been dedicated to public use for street purposes and has been accepted for maintenance by the city. Whenever the term "street" is used, it shall mean a public street unless the context indicates a different meaning.

Street, arterial, means those streets carrying larger volumes of traffic and serving as links between various communities of the area. Arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets.

Street, collector, means those streets which carry traffic from local streets to the major system or arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access.

Street, cul-de-sac, means a local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Street, local, means those streets which are used primarily for access to abutting properties and for local traffic movement.

Street, major or thoroughfare, means a street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Street, marginal access, means those local streets which are parallel and adjacent to thoroughfares and highways, which provide access to abutting properties and protection from through traffic.

Street, minor, means a street intended to serve primarily as an access to abutting properties.

Street, pavement, means the wearing or exposed surface of the roadway used by vehicular traffic.

Street, width, means the width of the right-of-way measured at right angles to the centerline of the street.

Structural alteration means any change, other than incidental repairs, which would affect the supporting member of a building, such as bearing walls, columns, beams, girders, or foundations.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreation vehicles not meeting the exemption criteria specified in LEC 100.00.090(c)(1), and other similar items.

Subchapter means a division of a chapter, designated in this Code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

Subdivision means a described tract of land which is to be or has been divided into two or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes. The term "subdivision" includes re-subdivision and, where it is appropriate to the context, relates either to the process of subdividing, to the land subdivided, or to the development for which it is being subdivided.

Substandard building means any building or structure lawfully existing on the effective date of this Code or any amendment to this Code, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this Code or the amendment.

Substandard structure. See Substandard building.

Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

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

Substantial improvement 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 improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

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 ensure 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. For the purpose of the floodplain management regulations, the term "historic structure" shall be as defined in 44 CFR 59.1.

Supper club means a building with facilities for the serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than 50 guests at one time. Intoxicating liquors may be sold on-sale and live entertainment and/or dancing shall be permitted.

Surface water flooding means the 100-year floodplain along rivers and streams as defined by the DNR, or in the absence of the data, as determined by the largest flood or record; on lakes, high water levels as determined or recorded by the DNR, or, in the case of no DNR record, by local records of information.

Surface water management fee means the yearly charge developed for each parcel of land.

Suspended solids (SS) means solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering in accordance with the latest edition of Standard Methods for the Elimination of Water and Waste Water.

Swimming pool means any permanently located pool, used for swimming and/or bathing, which is over 24 inches in depth, or which has a surface area exceeding 150 square feet.

Swimming pool, private or residential, means any pool which is used, or intended to be used, as a swimming pool in connection with a single-family residence, and which is available only to the family of the household and private guests.

Swimming pool, public or semi-public, means any swimming pool other than a private swimming pool.

Targeted recyclables means recyclable material that are separated from Solid Waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, source-separated compostable materials, sole source food waste streams that are managed through biodegradative processes, and other materials as defined by resolution.

Tavern means an establishment for the retail on-sale of 3.2 percent malt liquors, and which, in addition, provides dancing, singing, or vaudeville performances or entertainment for its guests, or provides for them the privilege of dancing.

Ten-year flood means the flood which can be expected to occur, on an average, of once in ten years; or the level to which floodwaters have a ten percent chance of rising in any given year.

Terminal, bus/truck, means an area and building were buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

Therapeutic massage means the process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health, and well-being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body. Adjunctive therapies may include: application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs; the use of mechanical devices and tools which mimic or enhance manual actions; and instructed self-care and management. Massage therapy shall not include techniques traditionally practiced by chiropractors. Therapeutic massage shall be performed only by a person who has provided the city with proof of professional liability insurance and/or national certification.

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, measured on the ground, with an average slope exceeding 18 percent.

Toilet waste means fecal matter, urine, toilet paper, and any water used for flushing.

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, measured on the ground, with an average slope exceeding 18 percent.

Tower accessory equipment means a structure located at the base of a tower housing radio receiving/transmitting equipment and other associated electronic equipment necessary for a communications facility.

Tower height means the vertical distance from the average grade at the base of a tower to the highest point of a tower or to the highest point of the highest wireless communications facilities on a tower, whichever is higher.

Townhouse means a grouping of three or more attached, single-family dwellings in which each unit has its own front and rear access to the outsides; no unit is located over any other unit; and each unit is separated from any other unit by one or more common walls.

Toxic pollutant means the concentration of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects as defined in standards issued pursuant to section 307(a) of the Clean Water Act of 1977, 33 USC § 1251 et seq., as it may be amended from time to time.

Trails means areas constructed within the city for a designated use, such as walking, non-motorized biking, rollerblading, skateboarding, equestrian trails, if appropriate.

Transportation terminal means a truck, taxi, airplane, bus, train, and mass transit terminal and storage area, including motor freight (solid and liquid) terminal.

Tree means a wood plant reaching 30 feet or more in height at maturity.

Truck stop means a motor fuel station devoted principally to the needs of tractor-trailer units and trucks, and which may include eating and/or sleeping facilities.

Two-Family or Duplex means a building on a single lot or adjacent lots containing two dwelling units, either side by side or stacked vertically.

Unified residential area means a residential grouping of lots that share a plat name over one or more additions.

Use, accessory, means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use.

Use, nonconforming. See zoning code, LEC title 105.

Use, open, means the use of land without a building or including a building incidental to open use.

Use, principal. See Principal structure or use.

Use, substandard. See zoning code, LEC title 105.

User charge (sewer systems) means a charge levied on users of a treatment works, for the user's proportionate share of the cost of operation and maintenance (including replacement) of the treatment works.

User charge system (sewer systems) means a system based on estimated use of wastewater treatment services where each user (or user class) pays its proportionate share of operation and maintenance (including replacement) costs of treatment works within the grantee's service area, based on the user's proportionate contribution to the total wastewater loading from all users (or user class); the user's contribution shall be based on factors such as strength, volume, and delivery flow rate characteristics.

Users (sewer systems) means those residential, commercial, institutional, industrial, and governmental establishments which are connected to the public sewer collection system.

Utility factor means the amount of runoff per acre of land, per parcel for a particular land use divided by the amount of runoff from a 1.5-acre residential lot.

Utility pole means a structure which is owned by a governmental agency or utility company and which is used to support illumination devices or lines and other equipment carrying electricity or communications.

Valve box means any device which can stop sewage tank effluent from flowing to a portion of the soil treatment system. This definition shall not apply to LEC 5.08.010 through LEC 5.08.050.

Varda means a portable self-contained alarm system which is installed by the county sheriff's office with the sole purpose of detecting a possible break-in.

Variance means a modification of a specific permitted development standard required to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship as defined in the zoning code. Economic considerations alone shall not constitute a hardship.

Vehicle repair means general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, framework, welding, and major painting service.

Veterinary means those uses concerned with the diagnosis, treatment, and medical care of animals, including animal or pet hospitals.

Village green means an open space area surrounded by homes and designed as a central gathering area or park for residents of the neighborhood and/or residents of the community.

Visible triangle means the area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet.

Vision triangle means a triangular area at an intersection, formed by the two roads or rights-of-way and a third line, which must be kept clear of visual obstructions so that approaching vehicles have an unobstructed view.

Warehousing means the storage, packing, and crating of materials or equipment within an enclosed building or structure.

Warning notice means a notification provided to the owner or person in charge of an alarm site by the county sheriff's office for false alarms due to system malfunction or when no reason can be determined for the false alarm. The warning notice will require that the alarm system be inspected and/or serviced within five working days with written documentation submitted to the city that the system is in working order.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Wastewater service charge (sewer systems) means the total of the charges for operation and maintenance, and replacement.

Wastewater treatment facilities means an arrangement of devices and structures used for treating wastewaters which have been constructed with state and federal grants.

Water-oriented accessory structure or facility means a small, above-ground 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 these structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Water table means the highest elevation in the soil where all voids are filled with water, as evidenced by soil mottling, the presence of water, or other information.

Watercraft means any motorboat, paddle boat, personal watercraft, sailboard, or any other contrivance used or designed for navigation on water except:

1. Duck boats during the hunting season;
2. A rice boat during the harvest season; and/or
3. A seaplane.

Watercraft, personal, means a boat that:

1. Is powered by an inboard motor powering a water jet pump or by an outboard or propeller-driven motor; and/or
2. Is designed to be operated by a person or persons sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat.

Waterfront use (residential) means boat docks and storage, fish house, fish cleaning, water recreation, equipment, and other uses normally incidental to a lakeshore residence provided the uses are for the exclusive use of the occupants and nonpaying guests.

Watertight means constructed and maintained to prevent inflow of water or outflow of effluent.

Wayside stand means a temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand, which is clearly a secondary use of the premises and does not change the character thereof.

Weapon means any gun, pistol, revolver, sling shot, shotgun, sand club, metal knuckles, daggers, dirk, bowie knife, razor, air rifle, air gun, BB gun, spring gun, bow and arrow, switch blade, firearm, or any similar device for the propulsion of shot or other metal pellet by whatever means, and any other dangerous or deadly weapon or instrument.

Wedding ceremony means the formal activities and observations during which people are united in marriage. A wedding ceremony typically involves an exchange of vows, presentation of a gift, and a public proclamation of marriage by an authority figure or leader. Music, poetry, or readings from religious texts or literature are also commonly incorporated into the ceremony.

Wedding reception means a party held after the completion of a marriage ceremony. A wedding reception is held usually as hospitality for those who have attended the wedding and typically occurs in a different venue than the wedding itself.

Wetland means a surface water feature classified as a wetland under current state and federal law. Wetlands are low areas permanently or seasonally covered with shallow water, referred to generally as marshes, swamps, bogs, wet meadows, sloughs or intermittent lakes.

Wholesaling means the selling of goods, equipment, and materials by bulk to another person who, in turn, sells the same to customers.

Wind generator means a machine which generates power from the wind and is extended from a horizontal shaft.

Wine means the beverage made from condensed grape must or from other agricultural products other than sound, ripe grapes; imitation wine; compounds sold as wine; vermouth; cider; perry and sake; in each instance containing not less than seven percent nor more than 24 percent alcohol by volume.

Wireless communication facility means cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure, but not including a satellite earth station antenna (satellite dish) seven feet or less in diameter.

Wireless communications tower means a self-supporting monopole, poles, or lattice structure constructed at normal grade and extending into the air at least 20 feet and used to support wireless communications facilities.

Written means any representation of words, letters, or figures, whether by printing or otherwise.

Yard means the open space on an occupied lot which is not covered by any structure.

Yard, front, means a yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest building line.

Yard, rear, means a yard extending across the rear of the lot between the inner side yard lines and lying between the rear line of the lot and the nearest building line.

Yard, required, means a yard area which may not be built on or covered by structures because of the dimensional setbacks for the structures within the zoning district.

Yard, side, means a yard between the sideline of the lot and the nearest building line.

Yard waste means uncontaminated leaves and grass clippings uncontaminated with foreign objects, such as tree trimmings or brush.

Year means a calendar year, unless otherwise expressed.

Yearly surface water management revenue means the estimated yearly expenditures for planning and inventories, capital expenditures, personnel and equipment, and operation of the surface water utility, in accordance with established city policy. The surface water management revenue and resulting surface water management fees shall be reviewed yearly by the city council.

Zoning district means an area or areas within the city in which the regulations and requirements of this Code are uniform.

A general fund shall be maintained into which shall be placed or credited all monies received not otherwise appropriated and from which shall be paid all expenses and disbursements not otherwise provided for.

The city council may create by resolution and maintain the other funds as they desire.

1. Fees; generally. The fee for any license, permit, or application required under this Code will be set from time to time by ordinance of the city council and will be attached hereto as appendix A. This amount will be paid by the applicant at the time the application is submitted to the clerk. All fees paid are nonrefundable. Rejection of the application by the city council will not entitle the applicant to a refund of all or any part of the fee.
2. Surcharge. In addition to the permit fees required, the applicant shall pay a surcharge to the state department of administration as prescribed by M.S.A. § 326B.148, as it may be amended from time to time.
3. Animal license fees.
   1. Dog license;
   2. Dog impound;
   3. Cat impound;
   4. Additional fee for each repeated impounding within one year; and
   5. Duplicate license certificate or tag.
4. Liquor license; intoxicating and 3.2 percent malt liquor. Any application to the city for an intoxicating liquor license or 3.2 percent malt liquor license must be accompanied by an application fee. The amount of the fee will be set from time to time by resolution of the council. Fees will be reviewed by the council on a yearly basis and may be revised. Rejection of the application by the council will not entitle the applicant to a refund of all or any part of the fee.
   1. Club on-sale intoxicating;
   2. Off-sale intoxicating;
   3. Off-sale 3.2 percent malt liquor;
   4. On-sale intoxicating;
   5. On-sale investigation;
   6. On-sale 3.2 percent malt liquor;
   7. On-sale Sunday intoxicating;
   8. Temporary 3.2 percent malt liquor; and
   9. Wine license.
5. Zoning and platting. Any application to the city for the subdivision or platting of land must be accompanied by an application fee. The fee will be set from time to time by resolution of the council. Fees will be reviewed by the council on a yearly basis and may be revised. Rejection of the application by the council will not entitle the applicant to a refund of all or any part of the fee.
   1. Comprehensive plan amendments;
   2. Conditional use permit (new or amended);
   3. Manufactured home parks;
   4. Mining permit:
      1. Bond; and
      2. Inspection fee;
   5. Minor subdivision - park dedication fee;
   6. Platting - park dedication fee;
   7. Restrictive soils and wetland protection and preservation overlay districts; floodplain management permits;
   8. Shoreland permits;
   9. Variances and appeals; and
   10. Zoning district amendments (rezonings).
6. Other fees. Any application to the city for a culvert, private road permit, private use of city-owned facility permit, or for the vacation of a street, alley, or public easement must be accompanied by an application fee. The amount of the fee will be set from time to time by resolution of the council. Fees will be reviewed by the council on a yearly basis and may be revised. Rejection of the application by the council will not entitle the applicant to a refund of all or any part of the fee.
   1. Culverts;
   2. Private road permits;
   3. Private use of city-owned facilities; and
   4. Vacation of street, alley, or public easement.
7. Escrow fee. Any application to the city may require an escrow of funds to cover the cost of the city engineer, city planner, or city attorney in reviewing the application. The amount of escrow will be set from time to time by resolution of the council. Escrow fees will be reviewed by the council on a yearly basis and may be revised. Rejection of the application by the council will not entitle the applicant to a refund, except for the amount that may exceed the cost to review the application.

1. Authority. This section is adopted pursuant to M.S.A. § 429.101.
2. Application. This section applies to the following city services:
   1. Snow, ice, or rubbish removal from sidewalks;
   2. The repair of sidewalks and alleys;
   3. Weed elimination from streets or private property;
   4. Removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of M.S.A. §§ 463.15 to 463.26;
   5. Installation or repair of water service lines, street sprinkling or other dust treatment of streets;
   6. The trimming and care of trees and the removal of unsound trees from a street;
   7. The treatment and removal of insect infested or diseased trees on private property;
   8. The operation of a street lighting system;
   9. The operation and maintenance of a fire protection system;
   10. The operation and maintenance of a pedestrian skyway system;
   11. Inspections relating to a city housing maintenance code violation;
   12. The recovery of any disbursements under M.S.A. § 504B.445, subd. 4, clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in M.S.A. § 504B.445, subd. 4, clause (2); and
   13. The recovery of delinquent vacant building registration fees under a city program designed to identify and register vacant buildings.
3. Personal liability. Except as otherwise provided by law, the owner of property on which or adjacent to which a current service has been performed under this section, is personally liable for the cost of the service. As soon as the service has been completed and the cost is determined, the finance director or other designated city official will prepare a bill and mail it to the owner and thereupon the amount will be due and payable in the office of the finance director.
4. Assessment. On or before September 15 of each year, the finance director will list the total unpaid charges for current services against each separate lot or parcel to which they are attributable to under this section. The city council may then levy the unpaid charges against the property as a special assessment under M.S.A. § 429.101 and other pertinent statutes, for certification to the county auditor, and collection along with current taxes the following year or in annual installments, not exceeding ten, as the council determines.

1. Authority. This section is adopted pursuant to M.S.A. §§ 415.01, 366.011, and 366.012.
2. Charges for emergency services; collection.
   1. The city may impose a reasonable service charge for emergency services, including fire, rescue, medical, and related services provided by the city or contracted for by the city. If the service charge remains unpaid for 30 days after a notice of delinquency is sent to the recipient of the service or the recipient's representative or estate, the city or its contractor on behalf of the city may use any lawful means allowed to a private party for collection of an unsecured delinquent debt. The city may also use the authority of subsection (c) of this section to collect unpaid service charges of this kind from delinquent recipients of services who are owners of taxable property in the city, or areas served by the city for emergency services.
   2. The powers conferred by this section are in addition and supplemental to the powers conferred by any other law for a city to impose a service charge or assessment for a service provided by the city or contracted for by the city.
3. Collection of unpaid service charges and fees. If the city is authorized to impose a service charge or fee on the owner, lessee, or occupant of property, or any of them, for a governmental service provided by the city, the city may certify to the county auditor, on or before October 15 for each year, any unpaid service charges or fees which shall then be collected together with property taxes levied against the property. A charge or fee may be certified to the auditor only if, on or before September 15, the city has given written notice to the property owner of its intention to certify the charge or fee to the auditor. The service charges or fees shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes. This section is in addition to any other law authorizing the collection of unpaid costs and service charges or fees.