The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the city.

(Prior Code, § 11.01)

   (A)   General.

      (1)   The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter.

      (2)   Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

      (3)   In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not a specific person or class of persons. Although, through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.

      (4)   If any portion of this chapter is held invalid for any reason, the remaining herein shall not be effected.

   (B)   Existing buildings and uses. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued; provided, the continued use is not dangerous to life.

   (C)   Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, the addition, alteration or repair conforms to that required for a new building or use.

   (D)   Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of the buildings and parcels of land. To determine compliance with this section, the Code Official shall be permitted to cause any structure or use to be inspected.

   (E)   Moved or temporary buildings, structures and uses.

      (1)   Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.

      (2)   Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for protection of the public shall be permitted to be erected; provided, a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

   (F)   Illegal uses. Uses that were illegally established prior to adoption of this chapter shall remain illegal.

   (G)   Interpretations.

      (1)   The interpretation and application of the provisions of this chapter shall be by the Code Official. An appeal of an interpretation by the Code Official shall be submitted to the Board of Adjustments and Appeals, which, unless otherwise provided, are authorized to interpret the code and such interpretation, shall be considered final.

      (2)   Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.

      (3)   It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone’s classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within the zone, it may be permitted as determined by the hearing body in a public hearing as an amendment to this chapter pursuant to § 153.020 of this chapter.

(Prior Code, § 11.02)

   (A)   General. This section establishes the duties and responsibilities for the Zoning Code Official and other officials and agencies, with respect to the administration of this chapter. The Zoning Code Official and/or designee shall be referred to hereafter as “the Code Official”.

   (B)   Deputies. The Code Official may appoint such number of technical officers and other employees as shall be authorized from time to time. The Code Official shall be permitted to deputize such employees as may be necessary to carry out the function of this chapter.

   (C)   Liability.

      (1)   The Code Official, or designee, charged with enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of the duties. A suit brought against the Code Official or employee because the act or omission performed by the Code Official or employee in the enforcement of any provision of the codes or other pertinent laws or ordinances implemented through the enforcement agency shall be defended by the city until final termination of the proceedings, and any judgments resulting therefrom shall be assumed by the city.

      (2)   This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this chapter.

   (D)   Cooperation of other officials and officers. The Code Official shall be authorized to request, and shall receive so far as required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the city.

   (E)   Comprehensive Plan. The Code Official shall assist the Planning Commission in the development and implementation of the Comprehensive Plan.

(Prior Code, § 11.03)

   It is unlawful for any person to hereafter erect, alter, wreck or move any building or structure, or portions thereof, without first securing a building and/or zoning permit as required.

   (A)   Penalties. It shall be a misdemeanor for any contractor, property owner, tenant or other person to commence or constitute any work on any project for which a zoning permit is required and for which no permit has been granted by the city or the permit has been cancelled or a stop work order issued.

   (B)   Required permits. A zoning permit shall be required prior to construction, repair, or alteration of structures regulated by the Minnesota State Building Code, driveways, sidewalks, patio slabs, fences, decks, steps, porches and storage sheds. A zoning permit shall not be required for construction, repair, or alteration of swing sets, play equipment or structures used exclusively for providing shelter for pets.

   (C)   Fees. A fee for service shall be charged. All fees shall be set by the City Council and a schedule shall be made available at the office of the Code Official.

(Prior Code, § 11.04) Penalty, see § 10.99

   The Code Official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this chapter.

   (A)   Administrative reviews and permits. All departments, officials and employees who are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the same would be in conflict with this chapter. Any permit or approval, if issued in conflict with this chapter, shall be null and void.

      (1)   Review of building permits. All applications for building permits and amendments thereto shall be submitted to the Code Official for review and approval prior to permit issuance. Each application shall include two sets of building plans and all data necessary to show that the requirements of this chapter are met.

      (2)   Site plan reviews. The Code Official shall receive all applications for site plan review for completeness and prepare submittals for review by the appropriate body.

      (3)   Conditional use permits. The Code Official shall receive all applications for conditional uses and variances as required by this chapter, review for completeness and prepare submittals for review by the appropriate body.

      (4)   Amendments. All requests for amendments or changes to the Comprehensive Plan, this chapter or zoning map shall be submitted to the Code Official for processing.

   (B)   Fees. A fee for service shall be charged. All fees shall be set by the City Council and a schedule shall be made available at the office of the Code Official.

   (C)   Expiration. Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this chapter, or unless an extension is granted by the issuing agency prior to expiration. Any work for which a zoning permit has been issued shall be completed according to the approved plans and specifications within one year following the issuance of the zoning permit, and if not so completed, the zoning permit shall automatically cancel.

   (D)   Validity of licenses, permits and approvals.

      (1)   For the issuance of any license, permit or approval for which the Commission or Board is responsible, the Code Official shall require that the development or use in question proceed only in accordance with the terms of the license, permit or approval, including any requirements or conditions established as a condition of issuance.

      (2)   Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.

      (3)   Failure to comply fully with the terms of any permit, license or approval shall be permitted to be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be permitted to be taken on proper grounds by the Code Official. Cancellation of a permit or approval by the Commission or Board shall be permitted to be appealed in the same manner as its original action.

   (E)   Violations; unlawful acts. It shall be unlawful for any person to erect, construct, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or land or cause or permit the same to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the Code Official shall be permitted to order the use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing the use to be continued. The person shall discontinue the use within the time prescribed by the Code Official after receipt of the notice to make the structure, parcel of land or portion thereof, comply with requirements of this chapter.

(Prior Code, § 11.05) Penalty, see § 10.99

   (A)   (1)   It shall be the duty of the City Administrator through appropriate staff and subordinates to enforce this chapter through proper legal channels.

      (2)   When any work shall have been stopped by the city for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed.

   (B)   It shall be the duty of the City Attorney, when called upon by the City Administrator, to perform such duties as may be necessary to enforce the provisions of this chapter.

(Prior Code, § 11.06)

   A certificate of occupancy shall be obtained before occupying or using any building or portion thereof if the building is hereafter erected or structurally altered, or the occupancy/use of any building or portion thereof is altered or changed.

   (A)   Sale of rental property. A certificate of occupancy shall be obtained when a residential rental property is sold and prior to the transaction closing. A fee, as set by resolution, shall apply to certificate of occupancies issued.

   (B)   Fees, inspections and reinspections. An inspection of a property will be performed as part of the initial fee, a reinspection fee, as set by resolution, shall apply to a second and subsequent reinspections if required.

   (C)   Owner contractors. An occupancy deposit, as set by resolution, shall be assessed with the building permit for all new residential construction when an owner (own contractor) is not using a state licensed contractor. This deposit will be forfeited if occupancy occurs prior to the certificate being issued.

   (D)   Temporary use permits. A temporary use permit may be requested for a period of 30 days with one 30-day extension possible if deemed appropriate by the Code Official. A deposit and fee will be set by resolution. The deposit will be forfeited if the certificate of occupancy is not obtained when the temporary use permit has expired.

   (E)   Enforcement. Loss of any deposit does not relieve the permit holder of legal enforcement provisions as set out in this chapter.

(Prior Code, § 11.07)

   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.

   ACCESSORY USE. A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, the primary use.

   AGRICULTURE. The tilling of the soil, raising crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.

   ALLEY. Any public way or thoroughfare more than ten feet, but less than 16 feet, in width, which has been dedicated to the public for private use.

   ALTERATION. Any change, addition or modification in construction, occupancy or use.

   AMUSEMENT CENTER. An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.

   APARTMENT HOUSE. Any building or portion thereof which contains three or more dwelling units and, for the purpose of this chapter, includes residential condominiums.

   AUTOMOBILE REPAIR, MAJOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, major engine and engine part overhaul, which is conducted within a completely enclosed building.

   AUTOMOBILE REPAIR, MINOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brakes, muffler, upholstery work, tire repair and change, lubrication, tune ups, transmission work, which is conducted within a completely enclosed building.

   AUTOMOBILE SELF-SERVICE MOTOR FUEL DISPENSING FACILITY. The portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail other convenience items as clearly secondary activity and shall be permitted also to include a free-standing automatic car wash.

   AUTOMOBILE WRECKING. See JUNK YARDS.

   BASEMENT. Any floor level below the first story in a building; except that, a floor level in a building having only one floor level shall be classified as a BASEMENT unless the floor level qualifies as a first story, as defined herein.

   BED AND BREAKFAST INN. A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.

   BOARD. The Board of Appeals and Adjustments.

   BOARDING HOUSE. A dwelling containing a single dwelling unit and not more than ten guestrooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.

   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

   BUILDING CODE. The Minnesota State Building Code and supporting codes as adopted by the city.

   BUILDING HEIGHT. The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

   BUILDING LINE. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

   BUILDING, MAIN. A building in which the principal use of the site is conducted.

   BUILDING, TEMPORARY. A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

   BUSINESS OR FINANCIAL SERVICES. An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

      (1)   Cannabis microbusiness;

      (2)   Cannabis mezzobusiness;

      (3)   Cannabis cultivator;

      (4)   Cannabis manufacturer;

      (5)   Cannabis retailer;

      (6)   Cannabis wholesaler;

      (7)   Cannabis transporter;

      (8)   Cannabis testing facility;

      (9)   Cannabis event organizer;

      (10)   Cannabis delivery service; and

      (11)   Medical cannabis combination business.

   COMMERCIAL, HEAVY. An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.

   COMMERCIAL, LIGHT. An establishment or business that generally has retail or wholesale sales, office uses, or services, which does not generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.

   COMMERCIAL RETAIL SALES AND SERVICES. Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in the sale of either general merchandise or convenience goods.

   COMMUNITY WATER AND SEWER SYSTEM. Utilities systems serving a group of building, lots or an area of the city or more than 25 persons, with the design and construction of the utilities systems as approved by the city and the state.

   COMPREHENSIVE PLAN. The declaration of purposes, policies and programs for the development of the city.

   CONDITIONAL USE. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.

   CONDOMINIUM. A single-dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an individual interest in the common areas and facilities of the property.

   CONFORMING USE. A use which is permitted by ordinance in the district within which located, but excluding a legal non-conforming use.

   CONGREGATE RESIDENCE. Any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. A CONGREGATE RESIDENCE may be a shelter, convent, monastery, dormitory and fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.

   CORNER LOT. A lot situated at the junction of and fronting on two or more streets.

   COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

   CREMATORY. A furnace or establishment for the cremation of corpses.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no CURB LEVEL has been established, the city’s Public Works Department shall establish the curb level or its equivalent for the purpose of this chapter.

   DAY CARE HOME, FAMILY. A residence or portion of a residence licensed by the Department of Human Services under Ch. 9502 for no more than ten children at one time of which no more than six are under school age, and must meet Building Code requirements.

   DISTRICT. A section of the city for which the regulations governing height, area, use of buildings and premises are the same.

   DRIVEWAY. A private access road, the use of that is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.

   DWELLING, MULTIPLE UNIT. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.

   DWELLING, SINGLE-FAMILY. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.

   DWELLING, TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof with open space on at least two sides.

   DWELLING, TWO-FAMILY. A building designed or arranged to be occupied by two families living independently, with the structure having only two dwelling units.

   EASEMENT. The portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The EASEMENT shall be permitted to be for use under, on or above the lot or lots.

   FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

   FARM ANIMALS. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. FARM ANIMALS are identified by three categories: large animals (e.g., horses and cattle); medium animals (e.g., sheep and goats); or small animals (e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons).

   FLOOR AREA, GROSS. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.

   FLOOR AREA, NET. The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

   FRONTAGE. The width of a lot or parcel abutting a public right-of way measured at the front property line.

   FUNERAL HOME/MORTUARY. An establishment where the dead are prepared for burial, kept before burial or cremation and where wakes and funerals may be held.

   GARAGE, PRIVATE. A building or portion of a building not more than 1,200 square feet in area, in which only private or pleasure-type motor vehicles used by tenants of the building or buildings on the premises are stored or kept.

   GARAGE, PUBLIC. Any premises, except those described as a private garage, used for storage or care of power driven or towed vehicles, or where any such vehicles are equipped for operation, repair or are kept for remuneration, hire or sale.

   GRADE. (Adjacent ground elevation.) The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building.

   HABITABLE SPACE (ROOM). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered HABITABLE SPACE.

   HOME OCCUPATION. Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of the secondary use.

   HOUSEHOLD PETS. Dogs, cats, rabbits, birds and the like for family use only (non-commercial) with cages, pens and the like.

   JUNK YARD. Any building, structure, premises or place within the city at, upon or within which there is kept, stored or piled in quantities, whether temporarily, irregularly or continually, old, used or second hand material of any kind, including, but not limited to, the following: clothing; paper; bottles; vehicles not currently licensed; parts of motor vehicles; agricultural or construction equipment or parts thereof; building materials; or any other article which from its worn condition renders it practically useless for the purpose for which it was intended and which is commonly classed and referred to as junk.

   KITCHEN. Any room or portion of a room within a building designed and intended to be used for cooking or preparation of food.

   LANDSCAPING. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers, this treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.

   LIVESTOCK. Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any hoofed animals.

   LODGING HOUSE. Any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

   LOT. One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including, as a minimum, such open spaces as are required under this chapter and having frontage on a public right-of-way.

   LOT AREA. The land area within the lot lines.

   LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling.

   LOT DEPTH. The mean horizontal distance between the mean front right-of-way and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.

   LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.

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

   LOT LINES. The lines bounding a lot, as defined herein.

   LOT WIDTH. The width of a lot is its own mean width measured at the building setback line.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in body width, or 40 feet or more in body length, or when erected on site, 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein.

   MANUFACTURING, HEAVY. All other types of manufacturing not included in the definitions of light and medium manufacturing.

   MANUFACTURING, LIGHT. The manufacturing, compounding, processing, assembly, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

   MANUFACTURING, MEDIUM. The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.

   MOTEL, HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

   NON-CONFORMING LOT. A lot whose width, area or other dimension did not conform to the regulations when this chapter became effective.

   NON-CONFORMING STRUCTURE. A building or structure or portion thereof lawfully existing at the time this chapter became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.

   NON-CONFORMING USE. A use that lawfully occupied a building or land at the time this chapter became effective, which has been lawfully contained and which does not now conform to the use regulation.

   OPEN SPACE. Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. OPEN SPACE shall be permitted to be devoted to landscaping, preservation of natural features, patios, recreational areas and facilities.

   PARK. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

   PARKING LOT. An open area, other than a street, used for the parking of automobiles.

   PARKING SPACE, AUTOMOBILE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

   PERSON. A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

   PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

   PLOT PLAN. A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets and other such information.

   POOLS (SWIMMIMG), HOT TUBS AND SPAS.

      (1)   BARRIER. A fence, a wall, a building wall of an above-ground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstruct access to the swimming pool.

      (2)   POWER SAFETY COVER. A pool cover that is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.

      (3)   PRIVATE SWIMMING POOL. Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with a residential occupancy and which is available only to the family and guests of the householder. This includes above-ground/on-ground pool, hot tub, in-ground pool or spas.

      (4)   PRIVATE SWIMMING POOL, INDOOR. Any private swimming pool that is totally contained within a private structure and surrounded on all four sided by walls of the structure.

      (5)   PRIVATE SWIMMING POOL, OUTSIDE. Any private swimming pool that is not an indoor pool.

   PRACTICAL DIFFICULTY. As used in connection with granting of a variance, the property owner (or applicant) proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the owner (or applicant) is due to circumstances unique to the property not created by the owner (or applicant); and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone shall not constitute a PRACTICAL DIFFICULTY if reasonable use for the property exists under the terms of this chapter. PRACTICAL DIFFICULTY also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Special consideration shall be given for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when the construction is in harmony with the provisions of this chapter.

   PUBLIC IMPROVEMENT. Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parking, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established.

   PUBLIC SERVICES. Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.

   PUBLIC SWIMMING POOL. Any swimming pool other than a private swimming pool.

   PUBLIC UTILITY STATION. A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications and related equipment, or to pump or chemically treated water. This does not include storage or treatment of sewage, solid waste or hazardous waste.

   PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

   RECREATION, INDOOR.

      (1)   An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses.

      (2)   Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters and related amusements.

   RECREATION, OUTDOOR. An area free of buildings, except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.

   RECYCLING FACILITY. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.

   REGISTERED DESIGN PROFESSIONAL. An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state.

   RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY. A use or building owned or maintained by organized religious organizations or non-profit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

   RENOVATION. Interior or exterior remodeling of a structure, other than ordinary repair.

   RESTAURANT. An establishment that sells prepared food for consumption. RESTAURANTS shall be classified as follows.

      (1)   RESTAURANT, FAST FOOD. An establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.

      (2)   RESTAURANT, GENERAL. An establishment that sells food for consumption on or off the premises.

      (3)   RESTAURANT, TAKE-OUT. An establishment that sells food only for consumption off the premises.

   SETBACK. The minimum required distance between the property line and the building line.

   SITE PLAN. A plan that outlines the use and development of any tract of land.

   STORY. 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 usable or unused under-floor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, the usable or unused under-floor space shall be considered as a STORY.

   STREET. Any thoroughfare or public way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

   STRUCTURE. That which is built or constructed, and edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

   SUBDIVISION. The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.

   USE. The activity occurring on a lot or parcel, for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

   USE, ACCESSORY. A use clearly incidental or accessory to the principal use of a lot or a building located on the same lot as the primary use.

   USE, CHANGE OF. The change within a classified use of a structure or premises.

   USE, CONDITIONAL. A use permitted in a particular zoning district only upon showing that the use in a specified location will comply with all standards of this chapter for the location or operation of such use.

   USE, NON-CONFORMING. A use that lawfully occupied a building or land at the time this chapter became effective, which has been lawfully continued and which does not now conform to the use regulations.

   USE, PRINCIPAL. A use that fulfills a primary function of a household, establishment, institution or other activity.

   USE, TEMPORARY. A use that is authorized by this chapter to be conducted for a fixed period of time. TEMPORARY USES are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.

   VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property; except that, modification in the allowable uses within a district shall not be considered a VARIANCE.

   YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky.

   YARD, FRONT. A yard extending across the front of a lot between the side lot lines and lying between the rear property line and the nearest point of the building.

   YARD, REAR. A yard extending across the rear of the lot between the side lot lines and lying between the rear property line and the nearest point of the building.

   YARD, SIDE. A yard extending along the side of a lot between he front and rear lot lines and lying between the side property line and the nearest point of the building.

(Prior Code, § 11.08) (Ord. 47, Fourth Series, effective 4-24-2025; Ord. 55, Fourth Series, effective 8-7-2025)