(a)

Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures in regulating land, building, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the board of adjustment and appeals, the planning commission, and the city council in relation to this chapter.

(b)

Relation to comprehensive municipal plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive municipal plan as developed and amended from time to time by the planning commission and city council. The council recognizes the comprehensive municipal plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose set forth in this chapter.

(c)

Conflicting regulations. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed elsewhere in this chapter or by other ordinance, rule or regulation of the city, the provision, ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

(d)

Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. Any question of the interpretation or application of any provision of this chapter shall initially be resolved by the zoning administrator, whose decision may be appealed pursuant to the provisions of article II, division 6 of this chapter.

(e)

Compliance. No structure shall be erected, converted, enlarged, reconstructed or altered and no building, structure or land, in whole or in part, shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter or county, state or federal law.

(f)

Unlawful use or occupancy. Except as provided in this chapter, no building, structure or premises that does not conform to the requirements of this chapter shall hereafter be used or occupied and no building permit shall be granted.

(g)

Uses not specifically provided for. Except as otherwise specifically provided for in this chapter, the following shall apply to a use not provided for within a zoning district:

(1)

Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited.

(2)

The city council or the planning commission, on their own initiative or upon request, may utilize city staff to conduct a study to determine if a particular use not addressed in this chapter is acceptable, and, if acceptable, what zoning district would be most appropriate for such a use and the appropriate conditions and standards relating to development of such a use.

(3)

The city council, planning commission or affected property owner, upon receipt of the staff's study, may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration. A decision by the planning commission or city council that the proposed use is not compatible for development within the city shall be accompanied by findings in support of such decision.

(h)

Statutory authority. This chapter is enacted pursuant to the authority granted by municipal planning, Minn. Stats. §§ 462.351—462.364.

(Code 1984, § 375:00; Code 2003, § 36-1; Ord. No. 15-05, § 1, 3-2-2015)

The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

(1)

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

(2)

Each provision of this chapter is meant to be read in conjunction with all other applicable provisions of this chapter and this Code. Therefore, the requirements of a provision of this chapter may be the subject of related or further discussion, limitation or enlargement in one or more other parts of this chapter or this Code, to which one must also refer.

(Code 1984, § 375:03; Code 2003, § 36-2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, or shall be interpreted as further defined in Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1993.

Abutting means making contact with or separated only by a public thoroughfare, railroad, public utility right-of-way or navigable waters.

Accessory building or use means a subordinate detached building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such main building or use.

Addition means a physical enlargement of an existing structure.

Administrative office facility means a principal permitted use consisting of a building wherein only administrative functions of a business are conducted. An administrative office facility is not dependent upon, does not conduct business for, and does not render any service or sell any product to any person entering the premises.

Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Adult bookstore means an establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, any virtual reality device, records, audiotape, compact disc, CD-ROM, videotape, motion picture film, or any other audio or visual media and either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises has either 15 percent or more of its stock in trade or 15 percent or more of its floor or display area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult cabaret means an establishment or business which provides dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

Adult companionship establishment means an establishment or business which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult conversation/rap parlor means an establishment or business which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult health/sport club means an establishment or business which excludes minors by reason of age and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult hotel or motel means a hotel, motel, boardinghouse, lodginghouse, or lodging room from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater means a building or portion of a building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult modeling studio means an establishment or business which provides, to customers, figure models who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Such machines, projectors, or devices shall not be considered amusement machines for purposes of chapter 10, article V.

Adult motion picture rental or sales means an establishment or business which barters, rents or sells audio tapes, CD-ROMs, virtual reality devices, videotapes, motion picture film, or any other visual media and either alone or when combined with adult bookstore or adult novelty sales within the same business premises has either 15 percent or more of its stock in trade or 15 percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult novelty sales means an establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and either alone or when combined with adult bookstore and adult motion picture rental or sales has either 15 percent or more of its stock in trade or 15 percent or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult sauna/changing room/steam room means an establishment or business which excludes minors by reason of age and which provides a steam bath or heat bathing room, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Agricultural uses means those uses commonly associated with the growing of produce on farms. These include field crop farming; pasture for hay; fruit growing; tree, plant, shrub or flower nurseries; truck gardening; roadside stands for sale in season of products grown on the premises; and livestock raising and feeding; but do not include fur farms, commercial animal feedlots and kennels.

Air-inflated structure means a building where the shape of the structure is maintained by air pressurization of cells or tubes to form a barrel vault over the usable area.

Air-supported structure means a building wherein the shape of the structure is attained by air pressure and occupants of the structure are within the elevated pressure area.

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

Amusement center means a business at one location devoted primarily to the operation of mechanical amusement devices consisting of the operation of five or more machines and open for public use and participation.

Amusement machine means, but is not limited to, any of the following types of equipment available for public use:

(1)

Any table of the pool, billiard, foosball, or ping pong variety and any machine or electronic contrivance available for public use, including, but not limited to, any pinball machine, mechanical miniature pool table, bowling machine, shuffleboard, electric rifle or gun range, miniature mechanical and electronic device and game or amusement patterned after baseball, basketball, hockey, or similar games and any like device, machine, jukebox, or game which may be played, which table, device, or game is commonly, but not necessarily, played by the insertion of a coin or at a fee fixed and charged by the establishment in which any such table, device, or machine is located.

(2)

A coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator, and any device designed for and used exclusively as a ride by children, including, but not limited to, any kiddie car, miniature airplane ride, mechanical horse, and other miniature mechanical device, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition.

Antenna means equipment used for transmitting or receiving telecommunications, television or radio signals which is located on the exterior or outside of any building or structure.

Apartment means a room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual, and is equipped with cooking facilities. The term "apartment" includes dwelling units and efficiency units.

Aquifer recharge area means all land surface areas which by nature of their surface and/or subsurface soil characteristics are determined to contribute to the replenishment of subsurface water supplies.

Artificial obstruction means any obstruction which is not a natural obstruction (see Obstruction).

Automobile repair. See Motor vehicle repair.

Automobile wrecking yard and junkyard mean any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, including any commercial salvaging and scavenging of any other goods, articles or merchandise.

Basement means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (see Story) or with regards to the floodplain district 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.

Bay means a cantilevered area of a room.

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

(1)

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

(2)

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

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

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

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.

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

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

Buildable area means the portion of a lot remaining after required yards have been provided.

Building means that portion of a structure that consists of a roof and is enclosed so as to afford persons or property protection from the elements, which structure is used or intended for supporting or sheltering any use or occupancy.

Building height means a distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable of a pitched or hip roof, to the deck line of a mansard roof, or to the uppermost point on all other roof types.

Building line means a line parallel to the ordinary high-water level at the required setback beyond which a structure may not extend.

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

Cannabis business means a business involved with cannabis and includes the following, as defined in state statute:

(1)

Cannabis cultivator.

(2)

Cannabis delivery service.

(3)

Cannabis event organizer.

(4)

Cannabis manufacturer.

(5)

Cannabis mezzobusiness.

(6)

Cannabis microbusiness.

(7)

Cannabis retailer.

(8)

Cannabis testing facility.

(9)

Cannabis transporter.

(10)

Cannabis wholesaler.

(11)

Lower-potency hemp edible manufacturer.

(12)

Lower-potency hemp edible retailer.

(13)

Medical cannabis combination business.

(14)

Medical cannabis cultivator.

(15)

Medical cannabis processor.

(16)

Medical cannabis retailer.

Cannabis business buffer means a 1,000-foot buffer from public and private schools and a 500-foot buffer from a day care, residential treatment facility, public park, or athletic field for cannabis retail uses.

Cannabis business retail limit means that cannabis retail uses shall be limited to one business per 12,500 residents.

Cannabis microbusiness is a cannabis business as defined in state statute.

Cannabis retail means an endorsed activity for a cannabis business, as described in state statute, where cannabis is sold directly to the public.

Cannabis retailer is a cannabis business as defined in state statute.

Carport means a canopy constructed of metal or other materials supported by posts, either ornamental or solid, and completely open on one or more sides.

Cellar means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

Channel means a natural or artificial depression of perceptible extent, with a definite bed and banks to confine and conduct water either continuously or periodically.

Church or religious institution 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, including, but not limited to, churches, chapels, temples and synagogues.

Clear-cutting means the removal of an entire stand of trees.

Club and lodge mean a nonprofit association of persons who are bona fide members paying annual dues, use of the premises being restricted to members and their guests.

Commercial nursery or tree farm means a plant or tree nursery upon which trees are planted and growing for sale or intended sale to the general public in the ordinary course of business.

Commercial recreation means bowling alleys, cart tracks, jump centers, golf, pool halls, vehicle racing or amusement, dancehalls, skating, trampolines, taverns, theaters, firearms ranges, boat rental, amusement rides, campgrounds, parks, and similar uses.

Commercial wireless telecommunication services means licensed commercial wireless telecommunications services, including cellular services, personal communication services, specialized mobilized radio services, enhanced specialized mobilized services, paging and similar services that are marketed to the general public.

Commissioner means the commissioner of the state department of natural resources.

Community center means a building, together with its accessory buildings and uses, controlled and maintained by the city for the purpose of recreation and public/semi-public meetings and uses.

Conditional use means a use which, because of special problems of control the use presents, requires reasonable, but special, unusual extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the municipal land use plan.

Conditional use permit means a permit issued by the city council, in accordance with procedures specified in this chapter, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

Condominium means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Act, Minn. Stats. ch. 515, or the Uniform Condominium Act, Minn. Stats. ch. 515A.

Convenience food establishment means an establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.

Cooperative (housing) means a multiple-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership, as contrasted to a condominium dwelling, where individual units are under separate individual occupant ownership.

Court means an unoccupied open space other than a yard which is bounded on two or more sides by the walls of buildings.

Crowding potential means the ratio of total acreage to shore miles.

Day care facility means any facility, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for less than 24 hours per day, in a place other than the person's own home.

(1)

Except as provided in subsection (2) of this definition, the term "day care facility" includes, but is not limited to:

a.

Family day care homes;

b.

Group family day care homes;

c.

Day care centers;

d.

Day nurseries;

e.

Nursery schools;

f.

Daytime activity centers;

g.

Treatment programs; and

h.

Day services.

(2)

The term "day care facility" does not include:

a.

Day care facilities or residential care provided by a relative to related persons.

b.

Day care or residential care provided for a cumulative total of less than 30 days in any 12-month period.

c.

Day care provided for persons from a single unrelated family for any length of time.

d.

A home caring for a person placed there by a licensed agency for legal adoption, unless the adoption is not completed within two years after placement.

e.

A licensed hospital whose psychiatric or chemical dependency program is located within the hospital.

f.

A nursing home, hospital or boarding care home licensed by the state board of health.

g.

A day care or residential program serving any number of nondisabled adults.

h.

A sheltered workshop day program certified by the state board of education.

i.

A work activity day program certified by the state board of education.

j.

A work-wage home providing care for one nonrelated child who has reached the child's 16th birthday and who has been independently placed for purposes of education or employment.

k.

A school under the general supervision of the state commissioner of education or a local education agency.

l.

A residential or day care facility under the direct control and supervision of a local education agency or state agency other than the commissioner.

m.

Day care provided for periods of no more than three hours per day for any person while their relatives are in the same building, or can be present in the same building within 30 minutes.

n.

Facilities which are operated for the primary purpose of educating children.

Department store means a business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

Deposition means any rock, soil, gravel, sand or other material deposited naturally or artificially into a water body, watercourse, floodplain or wetland.

Development means converting land into housing, commercial, or industrial buildings and sites, and includes the public process of, but not limited to, rezoning and platting. Activities directly related to mining within those areas described in section 36-10(c) and all permitted, accessory and conditional uses in the R-A Residential-Agricultural District are not subject to this definition.

Diameter breast height (DBH) means the diameter in inches of a tree measured at 4½ feet above the existing grade.

District means a section of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.

Diversion means a channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

Dog kennel means any place where three dogs or more over three months of age are boarded, bred and/or offered for sale, except a veterinary clinic.

Draining means the removal of surface water or groundwater from land.

Dredging means to enlarge or clean out a water body, watercourse or wetland.

Drive-in establishment means an establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

Dwelling means a building, or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels, boardinghouses, and the like.

Dwelling, multiple (apartment), means a building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.

Dwelling, single-family, means a dwelling unit designed exclusively for occupancy by one family.

Attached means a dwelling which is joined to another at one or more sides by a party wall.

Detached means a dwelling unit not attached to another dwelling or structure.

Dwelling, two-family, means a dwelling designed exclusively for occupancy by two families living independently of each other.

Double bungalow means a two-family dwelling with two units side by side.

Duplex means a two-family dwelling with one unit above the other.

Dwelling unit means a residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, nursing homes, seasonal cabins, boardinghouses or roominghouses, tourist homes or trailers.

Efficiency apartment means a dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.

Elderly (senior citizen) housing means a public agency-owned or -controlled multiple-dwelling building with open occupancy limited to persons over 60 years of age.

Elevator penthouse means an enclosure located on the top of a building which houses the working mechanisms of an elevator.

Equal degree of encroachment is a method of determining the location of encroachment lines so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.

Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems or collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, or commercial wireless telecommunication services, but not including buildings except those buildings reasonably necessary and incidental to the conduct of commercial wireless telecommunication services.

Family. See Household.

Farm means a tract of land of ten or more acres in size, usually with a house and barn plus other buildings, on which crops or livestock are raised.

Farm, hobby, means a tract of land of less than ten acres in size, with a house and accessory buildings, on which crops and often livestock are raised. The hobby farm shall not qualify for exemptions provided in this chapter for farms.

Farming means the process of operating a farm for the growing and harvesting of crops and/or raising of livestock, which shall include those necessary accessory buildings related to operating a farm, and the keeping of common domestic animals.

Fence means any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.

Fence, boundary line, means all fences located within five feet of a property line.

Fence, interior yard, means all fences located five feet or more inside a property line.

Filling means the act of depositing any rock, soil, gravel, sand or other material so as to fill or partly fill a water body, watercourse, or wetland.

Flood means a temporary rise in stream flow or of the stage of a stream, wetland, or lake which results in inundation of normally dry areas.

Flood frequency means the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, such estimates are designated "exceedance frequency," but, in practice, the term "frequency" is used. The frequency of a particular stage or discharge is usually expressed as having a probability of occurring once within a specific number of years.

Flood fringe means that portion of the floodplain outside of the floodway.

Flood profile means a graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river.

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 any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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

Floor area.

(1)

Floor area means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including, but not limited to, space occupied by walls; accessory storage areas located within selling or working space such as counters, racks, or closets; and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(2)

Gross horizontal area shall be calculated based upon maximum exterior horizontal dimensions of each floor of the building, as measured below the roof.

(3)

Floor area shall not include basement or cellar floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the cellar area.

Floor area, lowest, 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.

Four-season porch means a roofed and enclosed porch, deck or similar space that is heated or air conditioned in conformance with the applicable building code. Four-season porches are built to be used all year-round, considered no different than an interior room to the house and shall not encroach on building setbacks.

Garage, private, means an accessory building (detached garage) or integral accessory portion of the principal building (attached garage) which is intended for and used to store the private passenger vehicles and trucks, not exceeding 12,000 pounds gross weight, of the families resident upon the premises, and in which no business, service or industry is carried on.

Garage, public, means a building or portion of a building, except any building defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.

Garage sale means any display of used goods and/or salesmen's samples and sale of such goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

Geothermal system is a central heating and/or cooling system that pumps water to or from the ground.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grading means changing the natural or existing topography of land.

Gravel mining area means those properties within the city subject to the gravel mining area special area plan.

Guestroom means a room occupied by one or more guests for compensation and in which no provision is made for cooking, not including rooms in a dormitory used for sleeping purposes primarily.

Home occupation means a vocation, avocation, or profession satisfying all of the following requirements:

(1)

Evidence of the vocation, avocation, or profession is not visible from the street or any other property (unless the vocation, avocation, or profession is gardening).

(2)

The vocation, avocation, or profession must be conducted within a dwelling, and entrance to the vocation, avocation, or profession must be gained from within the dwelling.

(3)

Only the occupants of the dwelling, building or parcel and employees may work on the property in furtherance of the vocation, avocation, or profession.

a.

No one other than the occupants, one employee, customers, and delivery and service personnel shall enter or be upon the property at any given time to help the occupants conduct, operate, carry out, or perform the vocation, avocation, or profession.

b.

For purposes of this definition, the term "occupant" shall mean a person who resides on the premises as a principal place of abode. Evidence of such or of lack thereof shall include, but not be limited to, a person's driver's license, motor vehicle registration, and the land title records of the county.

c.

For purposes of this definition, the term "employee" shall mean a person who assists the occupant in the vocation, avocation, or profession. Under no circumstances shall there be more than one employee working on the premises at one time. No employee or combination of employees shall work on the premises for more than 40 hours in any one week.

(4)

At no time shall the vocation, avocation, or profession generate traffic or parking that exceeds the type and level which typically service single-family residences, and such traffic and parking shall not constitute a nuisance or a safety hazard.

(5)

There shall be no over-the-counter sale of merchandise produced off the premises, except for those products that are not marketed and sold in wholesale or retail outlets.

(6)

In no instance shall the vocation, avocation, or profession adversely affect the character of the uses permitted in the zoning district in which the property is located or violate any statute or ordinance or any rule enacted pursuant to authority contained therein.

(7)

The term "home occupation" does not include massage services regulated pursuant to chapter 10, article VIII, or any sexually oriented business.

Horticultural nursery means a place for the propagation, cultivation, growth, sale and storage of plants, flowers (potted or cut), vines, fruits, vegetables, and similar agricultural products, including materials integral to proper nursery operation, from seed or stock, and also including the sale of such plants, flowers, vines, fruits and vegetables purchased elsewhere and transplanted into pots or soil on the property. At least 50 percent of products sold or available for sale at such a place, as measured by retail value or sales volume in dollars, must have been grown on the property, and the remainder of products sold or available for sale must be of the type described in the preceding sentence.

Hotel means any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guestrooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied, by six or more individuals for compensation, whether the compensation is paid directly or indirectly.

Household.

(1)

The following are included in the term "household":

a.

An individual;

b.

A group of not more than four individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence;

c.

Up to two adult individuals, whether related or unrelated, and the parents and children of each, if any, residing in the same dwelling unit and maintaining a common residence;

d.

The combination of subsections (1)a and c of this definition, all maintaining a common residence; and

e.

The temporary guests of any of such persons staying on the premises for no more than 30 days in any 12-month period.

(2)

For purposes of this definition, the term "maintaining a common residence" shall mean sharing of access by all residents to all the following amenities (except those accessible only through a bedroom) on the premises, subject to only infrequent exceptions:

a.

Permanently installed cooking and kitchen facilities.

b.

Eating areas.

c.

Laundry facilities.

d.

Bathroom facilities.

e.

Social areas, such as living rooms and family rooms.

Impervious surface means an artificial or natural surface through which water, air, or roots cannot penetrate, except that a swimming pool shall not be considered an impervious surface to the extent of the surface area of any water that may be used to fill the pool.

Infrastructure point system means the point system within the comprehensive plan utilized in evaluating and judging the infrastructure need for proposed developments within the city.

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

Interim use means a use which, because of special problems of control the use presents, requires temporary and reasonable, but special, unusual extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the municipal land use plan.

Interim use permit means a temporary permit issued by the city council, in accordance with procedures specified in this chapter, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

Intermittent means a stream or portion of a stream that flows only in direct response to precipitation.

Land reclamation means the process of the re-establishment of acceptable topography (i.e., slopes), vegetative cover, and soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

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

Lodginghouse means a building other than a hotel, where for compensation, for definite periods, lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.

Lot means land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which such lot is situated and having its principal frontage on a street.

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

Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.

Lot frontage means the front of a lot which shall be that boundary having the least width and abutting a public right-of-way, or, in case of a corner lot, as determined by the community development director.

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

Lot line means a property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.

Lot of record means a parcel of land, whether subdivided or otherwise legally described as of July 19, 1973, or approved by the city as a lot subsequent to such date, and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.

Lot, through, means a lot fronting on two parallel streets.

Lot width means the minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum front yard setback line. Abutting lots in the S Shoreland District may have additional lot width restrictions.

Manufactured home means, for purposes of article VII, division 4 of this chapter, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

Medical and dental clinic means a structure intended for providing medical and dental examinations and services available to the public. This service is provided without overnight care available.

Medical cannabis combination business is a cannabis business as defined in state statute.

Membrane-covered cable structure means a non-pressurized structure in which a mast and cable system provides support and tension to the membrane weather barrier and the membrane imparts stability to the structure.

Membrane-covered frame structure means a non-pressurized structure wherein the structure is composed of a rigid framework to support a tensioned membrane which provides the weather barrier.

Membrane structure means an air-inflated, air-supported, membrane-covered (including, but not limited to, canvas, plastic or other fabrics) cable or membrane-covered frame structure, as defined by the Minnesota State Building Code, and which is used to provide protection of products, materials or equipment and physical recreation or training activities.

Minerals means soil, clay, stone, sand and gravel and other similar solid materials or substances to be mined from natural deposits.

Mining means all or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.

Mixed use project means a single plan of development featuring a blend of two or more complementary uses on a parcel of land zoned FF.

Model home means a home which is similar to others in a development and which is open to public inspection for the purpose of selling such other homes.

Motel and motor hotel mean a building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with a garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

Motor freight terminal and truck terminal mean a building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.

Motor fuel station means a place where gasoline is stored only in underground tanks, and kerosene or motor oil and lubricants or grease for operation of automobiles are sold directly to the consumer on the premises, and where one can obtain minor accessories, services, and repairs for automobiles such as tune-ups and replacement of parts from stock. For the purposes of this definition, the term "automobile" shall mean any motor vehicle not exceeding 12,000 pounds gross weight.

Motor vehicle repair means general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint jobs; and vehicle steam cleaning. This does not include the dismantling of automobiles and resale of automobile parts.

Natural drainage system means all land surface areas which, by nature of their contour configuration, collect, store and channel surface water runoff.

Natural obstruction means any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within a water body, watercourse, or wetland by a nonhuman cause.

Nonconformity means any use, structure, or lot of record existing or authorized before this chapter became effective (September 30, 1976), or before the effective date of any subsequent amendment thereto but prohibited thereafter.

Normal high-water mark means a continuous mark of reference at an elevation where land and water meet for some period of record. It is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Nude, in addition to its normally understood meaning, means any display of any specified anatomical area.

Nursing home and rest home mean a building having accommodations where care is provided for two or more invalids or infirm, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums, or similar institutions.

Obstruction (floodplain) means any storage of material or equipment, or any dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter, in, along, across, or projecting, in whole or in part, into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry such structure, equipment or other matter downstream to the damage of life or property.

Off-street loading space means a space accessible from the street, alley or highway, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.

Open sales lot means any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of such merchandise prior to sale.

Ordinary high-water level means the boundary of public waters and wetlands as defined in Minn. Stats. § 103G.005, subd. 14. As of March 24, 1993, such boundary 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.

(1)

For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel.

(2)

For reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool.

Outpatient care means medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.

Overburden means the earth, rock and other materials that lie above a natural deposit of minerals.

Parking ramp means an accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.

Parking space means an area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

Permitted use means a use which may be lawfully established in a particular district provided it conforms with all requirements, regulations, and performance standards, if any, of such districts.

Personal service business means a commercial occupation, the function of which is to supply to the general public a benefit, labor, or other type of service.

Photovoltaic system is a system that converts solar energy into electricity.

Premises, for purposes of sexually oriented businesses, includes, but is not limited to, the lot, building, or rooms or portions thereof under the exclusive control or use of the owner or operator of a sexually oriented business.

Principal use means the one main use of land or buildings, as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Public use means uses owned or operated by any municipality, school district, county, state, or other governmental unit.

Public waters means any waters as defined in Minn. Stats. § 103G.005, subds. 15 and 18, except a body of water created by a private user where there was no previous shoreland.

Public waters, general development, means those waters whose shores are generally characterized by industrial, commercial or high density residential development.

Public waters, natural environment, means those waters whose shores are generally characterized by low density single-family residential development.

Public waters, recreational development, means those waters whose shores are generally characterized by medium density residential development with or without limited service-oriented commercial development.

PUD means planned unit development.

Reach is a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

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

Recreational vehicle means a self-propelled vehicle which is used primarily for recreational purposes. For the purpose of article VII, division 4 of this chapter, the term "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. The term "recreational vehicle" shall be synonymous with the term "travel trailer/travel vehicle."

Redevelopment means converting existing development into housing, commercial, or industrial buildings and sites and includes the public process of, but is not limited to, rezoning and platting. Activities directly related to mining within those areas described in section 36-10(c) and all permitted, accessory and conditional uses in the R-A Residential-Agricultural District are not subject to this definition.

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.

Regulatory flood protection elevation means a point not less than two feet above the regional flood, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.

Removal means any direct or indirect action resulting in the death of a tree, such as, but not limited to, cutting, digging, damaging or poisoning.

Residential facility means any facility, public or private, which, for gain or otherwise, regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging, training, education, supervision, rehabilitation, habilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. The term "residential facility" includes, but is not limited to, state institutions under the control of the state commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for children with disabilities, except as specifically excluded in identical exclusions to those set forth in the definition of the term "day care facility" in this section, which are incorporated within this definition as though fully set forth herein.

Restaurant, family, means an establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on-sale liquor service (on-sale beer and wine permitted as regulated by this Code).

Restaurant, general, means an establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which may or may not have on-sale liquor (on-sale beer and wine permitted as regulated by this Code).

Retail sales means a business having as its primary function the supply of merchandise or wares to the end consumer. Such sales constitute the primary function of the business when such sales equal at least 80 percent of the gross sales of the business.

Roofline means the top of the coping, or, when the building has a pitched roof, the intersection of the outside wall with the roof.

School or educational institution means a building, together with its accessory buildings and uses, where public or private entities instruct pupils, including, but not limited to, elementary, junior high/middle and high schools, and which building, together with its accessory buildings and uses, is maintained and controlled by the educational institution.

Screen porch means a roofed and enclosed porch, deck or similar space with screen walls, but no glass windows, that is not heated or air conditioned. Screen porches are allowed into rear yard setbacks in a limited fashion pursuant to section 36-7(c)(3).

Self-storage facility means a business engaged in the rental of self-service commercial or residential storage space to the public, which storage space is fully enclosed in a building.

Semipublic use means the use of land by a private nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Setback means the required minimum horizontal distance between a building and a lot line or required wetland buffer. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided in this chapter. For purposes of article VII, division 5 of this chapter, the term "setback" shall also mean the required minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high-water level, sewage treatment system, top of a bluff, or other facility.

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

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

Sexually oriented business means adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam room/changing room/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, and adult body painting studios, and, in addition, all other premises, enterprises, establishments, businesses or places at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. The term "sexually oriented business" shall not be construed to include:

(1)

Professional offices or schools of licensed physicians, chiropractors, psychologists, physical therapists, teachers or similar licensed professionals performing functions authorized under the licenses held;

(2)

Establishments or businesses operated by or employing licensed cosmetologists or barbers, performing functions authorized under licenses held;

(3)

Businesses or individuals licensed in accordance with chapter 10, article XIV; or

(4)

The sale of clothing.

Shopping center means an integrated grouping of commercial stores under single ownership or control.

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 legal structure setback.

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

Single-use project means the development of one property use on a parcel of land zoned FF.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Solar thermal system is a system that coverts solar energy into heat.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of any specified anatomical area, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sodomy, or zooerasty;

(2)

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

(3)

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

(4)

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;

(5)

Situations involving persons, any of whom are nude, clad in undergarments or in any costume revealing any specified anatomical area, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;

(6)

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, or vaginal or anal irrigation.

Steep slope, for purposes of the S Shoreland District, means land where development or agricultural activity 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 chapter. 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.

Story means that portion of a building included between the upper surface of a floor and upper surface of 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 or cellar or unused underfloor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar, or unused underfloor space shall be considered a story.

Street frontage means the proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot has two street frontages.

Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up and/or composed of parts joined together in some definite manner, whether temporary or permanent in character, including, but not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 36-651. For purposes of article VII, division 5 of this chapter, however, the term shall not include aerial or underground utility lines such as, but not limited to, sewer, electric, telephone, telegraph, or gas lines, towers, poles, and other supporting facilities.

Subdivision means land that meets the definition set forth in section 30-3.

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 which 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 this chapter, the term "historic structure" shall be as defined in CFR 59.1.

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

Three-season porch means a roofed and enclosed porch, deck or similar space with windows and, if heated or air conditioned, is heated or air conditioned in conformance with the applicable building code. Three-season porches are built to be used in the warmer months of the year and are allowed into rear yard setbacks in a limited fashion pursuant to section 36-7(c)(3).

Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18 percent.

Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Tower means any ground- or roof-mounted pole, spire, or structure or combination thereof to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces.

Townhouse means a structure housing three or more dwelling units contiguous to each other only by the sharing of one common wall, such structures to be of the townhouse or row house type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

Tree, for the purposes of article VII, division 6 of this chapter, means any self-supporting woody perennial plant which has a trunk diameter of eight inches or more DBH, usually with one main stem or trunk and many branches.

Usable open space means a required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open spaces.

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

Utility building means a small accessory building of 150 square feet or less in area used principally for the storage of small accessory articles to a use, such as, but not limited to, hand tools, lawn care equipment, and seasonal use outdoor furniture.

Variance means the waiving by board action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.

Vegetation means the sum total of plant life in some area, or a plant community with distinguishable characteristics.

Vista drawing means a pictorial rendition showing the relationship of landscaping, building exteriors and total development of all parts of a completed single-use project or mixed use project, whichever the case may be.

Water body means a body of water (lake, pond) in a depression of land or expended part of a river, or an enclosed basin that holds water and surrounded by land.

Watercourse means a channel or depression through which water flows, such as rivers, streams, or creeks, and which may flow year-round or intermittently.

Watershed means the area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

Wetland means land described in Minn. Stats. § 103G.005, subd. 19.

Wind energy conversion system means any device, such as a wind charger, windmill, or wind turbine, which converts wind energy to another form of usable energy such as electricity or heat.

Yard means an open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

Yard, front.

(1)

The term "front yard" means that area extending along the full length of a front lot line between side lot lines and to the depth required in the yard regulations for the district in which it is located.

(2)

In the case of a corner lot abutting one or more major roads (any road that is of a collector designation or greater), both yards shall be considered front yards.

(3)

In the case of a lot abutted on one side by a major road (collector status or greater) and abutted on another noncontiguous side by an internal street, the front yard and front yard line shall be on the internal street side, which side shall also be used for setback, lot width and access purposes.

Yard, rear, means that area lying along the full length of the rear lot line between side lot lines and extending inwardly to the depth required in the yard regulations for the district in which the lot is located.

Yard, side, means that area lying between the side line of a lot and extending inwardly to the depth required in the yard regulations for the district in which the lot is located, and which lies between the front and rear yards.

Zoning administrator means the individual appointed pursuant to section 36-4 to administer and enforce this chapter.

(Code 1984, § 375:06; Code 2003, § 36-3; Ord. No. 04-17, § 1, 8-2-2004; Ord. No. 05-48, § 1, 12-19-2005; Ord. No. 06-15, § 1, 5-15-2006; Ord. No. 06-29, § 2, 10-16-2006; Ord. No. 07-24, § 1, 11-19-2007; Ord. No. 09-11, § 2, 10-5-2009; Ord. No. 10-14, § 3, 10-18-2010; Ord. No. 15-11, § 1, 7-20-2015; Ord. No. 15-16, § 1, 11-2-2015; Ord. No. 24-07, § 1(36-3), 6-3-2024; Ord. No. 24-22, § 2, 12-2-2024)

(a)

Unless otherwise specified, the provisions of this chapter shall be administered and enforced by the zoning administrator who is appointed by the city council. The zoning administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or chapter.

(b)

Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in section 1-13.

(Code 1984, § 375:129; Code 2003, § 36-4)

(a)

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

Capital improvement program means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year or other time periods, together with their estimated costs.

Comprehensive plan means the planning agency's recommendation for future development of the community and may consist of a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, a capital improvement program, a comprehensive park and trail plan, a comprehensive storm sewer plan, a comprehensive sanitary sewer plan, a comprehensive water plan, and recommendations for plan execution.

Land use plan means a compilation of policy statements, goals, standards, and maps and action programs for guiding the future development of private and public property within the corporate limits of the city. The term "land use plan" includes a plan designating types of uses for the entire city as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses, or any combination of such uses.

Official map means a map adopted in accordance with this section and state law.

Planning agency means the city planning commission.

Platting authority means the council or any other agency responsible under statutes, charter or ordinance for the approval of plats of land within the corporate limits of the city or within its area of platting control.

Transportation plan means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development and function of various streets and highways within the corporate limits of the city and environs, including mass transit, railroads, air transportation, trucking, and water transportation and routes and other similar transportation facilities and routes.

(b)

Statutory authority. This section and all amendments thereto are adopted pursuant to the authority established and granted by Minn. Stats. §§ 462.351—462.364.

(c)

Initiation of proceedings for adoption, amendment or repeal. Proceedings for adoption, amendment or repeal of an official map or of any part thereof may be initiated by a recommendation from the planning commission, action of the council on its own initiative, recommendation of an advisory commission, request of an outside governmental body or other public agency, or petition of five or more persons owning three or more affected parcels of property.

(d)

Sketch maps and reports. All proposals or requests for proceedings for official maps, or amendments or changes thereof, however initiated, shall be accompanied by a sketch map or plat showing the land proposed to be included and the public purpose to be served prior to hearing thereon. The council may request a report of the engineer as to the feasibility of any construction involved, and the planner shall submit a written report on the effect of the proposal on the comprehensive plan.

(e)

Reference to planning commission. Any proposed official map or any proposed amendment or change thereof shall be referred to the planning commission for study and recommendation thereon, and such recommendation shall be submitted to the council within 60 days after such reference by the council to the commission. The planning commission may on its own motion submit proposed maps or changes thereto to the council at any time. If after reference to the commission by the council under this section no recommendation is received by the council from the planning commission within 60 days after such reference, the council may take such action as it may deem proper upon any such proposed official map or amendment without further action by the planning commission.

(f)

Notices and hearings.

(1)

The council, upon receiving any recommendation from the planning commission as set forth in subsection (e) of this section, or at any time after 60 days from the date of any referral of any proposed change or map by the council to such commission without receipt of any recommendation thereon from such commission, may consider such proposed change at any regular or special meeting of the council.

(2)

If a majority of the members of the council are in favor of such proposal, a public hearing shall be held thereon at any regular or special meeting of the council, notice of which public hearing shall be given by a publication thereof once in the official newspaper not less than ten and not more than 30 days prior to the date of such hearing, and such notice shall further be mailed not less than ten days prior to such hearing to all persons appearing on the records of the county auditor to be the owners of property affected by such proposed map or change. Such mailing shall be made by regular mail addressed to the last known address of each such owner. In lieu of such mailing, such notices may be served upon any such owner in the same manner as service of process in any civil court action. Failure or inability to serve or mail any such notices shall not invalidate the proceedings. Proof of any service shall be by affidavit.

(3)

Such notice shall include the time and place of the public hearing, a general description of the property affected, and a general statement of the nature and purpose of the hearing. A copy of the published notice as set forth in this subsection, thus served or mailed, shall be sufficient.

(4)

Any such hearing may be continued from time to time not exceeding 60 days from the original hearing date without further publication, mailing, or service. At any such public hearing, the council shall receive evidence and hear arguments concerning any such proposed map or amendment thereto. A final vote on any such proposal shall be taken by the council not later than the first regular meeting thereof following the final adjournment of the public hearing thereon.

(g)

Preparation and filing. The official maps shall be prepared in sufficient detail to permit the establishment of the future acquisition boundary lines on the ground. In unplatted areas, a minimum of a central line survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of future acquisition boundary lines shown on the official maps shall be attested by the engineer. After adopting, amendment, or repeal of an official map, a certified copy of the official map or sections thereof with a copy of the adopting, amending, or repealing ordinance attached shall be filed with the county recorder as provided in Minn. Stats. §§ 462.351—462.364.

(h)

Effect of adoption.

(1)

After any official map, including any amendment thereto, has been adopted and filed as provided in subsection (g) of this section, the issuance of all building permits by the city shall be subject to the provisions of this section. The official responsible for issuing building permits shall deny all applications for permits to erect new buildings or to expand existing buildings within any area identified or set aside on such official map for any future public use or purpose unless such application and permit is for an erection, addition, or alteration to be completed in not more than 12 months from the date of such permit and the total cost does not exceed $5,000.00. The issuance of any permit so granted shall not impair or in any way change or amend the full force and effectiveness of the official map.

(2)

Whenever any street or other thoroughfare is established, constructed, widened, or otherwise improved or whenever any interest in any land for any other public purposes is acquired by the city or any governmental body within the limits of any area identified or set aside upon the official map to be used for future public purposes, such governmental body shall not be required in any acquisition proceedings to pay for any buildings, structures or other improvements which were erected, placed, altered, or improved thereon without a building permit or in violation of any condition in any permit.

(3)

The adoption of an official map or any amendment thereto does not transfer to the city or other public governmental body any right, title or interest to any areas identified or set aside thereon for public purposes. The adoption of such map, plan, and any amendments thereto does hereby authorize the city or other governmental body to acquire interests therein for public purposes without paying compensation for any buildings, structures, improvements, or alterations erected in any such areas without a building permit or in violation of any condition contained in any building permit pertaining to such areas.

(i)

Appeal of denial of building permit.

(1)

Whenever an application for any building permit is denied pursuant to this section, the applicant may appeal from such denial to the council. The council shall hold a public hearing on such appeal at any regular or special meeting of the council, notice of which hearing shall be made in the same manner as set forth in subsection (f) of this section in connection with public hearings on the official map.

(2)

The council may grant such building permit upon evidence presented to it as follows:

a.

That the entire tract owned by the appellant, by a denial of the appellant's use of that portion thereof for public purposes pursuant to the official map, cannot yield a reasonable return to the owner unless such building permit is granted; and

b.

That, balancing the interest of the city in the preservation of the comprehensive plan established by the official map against the interest of the owner of the property in the owner's proposed use thereof, the granting of such building permit is required by the considerations of justice and equity, or the acquisition of such property pursuant to the comprehensive plan shall be commenced forthwith.

(3)

If the appellant prevails and their application for a building permit is granted, its issuance shall not impair the full force, intent and effectiveness of the official map.

(4)

If the council denies the issuance of such permit, the political body involved shall within six months from the date of such denial by the council institute proceedings in eminent domain or otherwise to acquire the land or interest therein set aside for public use upon the official map and, if no such proceedings are commenced within such time, the officer responsible for issuing building permits shall issue the permit if the application therefor otherwise conforms to all other pertinent ordinances. The building official shall specify the exact location, ground area, type of construction, and other details necessary for the construction of the building for which the permit is granted, all within the provisions of the various statutes and ordinances pertaining thereto.

(j)

Conflicts with subdivision regulations. If any provisions of this section shall be in conflict with chapter 30, pertaining to subdivision regulations, the provisions of chapter 30 shall prevail.

(Code 1984, §§ 330:00—330:45; Code 2003, § 36-5)

(a)

Generally. This chapter establishes separate and distinct districts, each of which is appropriate for certain specified uses and conditions. It is the purpose of this section to provide for the regulation of existing structures, uses and lots that do not conform to the requirements of the district in which they are located and to specify the requirements, circumstances and conditions under which the nonconforming structure, use or lot may be continued. In furtherance of the goals and purpose of this chapter, it is also the intent of this section that all nonconforming uses shall eventually be eliminated or made to comply with the provisions of this chapter.

(b)

Nonconforming uses.

(1)

Except as otherwise provided in this subsection (b)(1), a nonconforming use shall not be enlarged, moved, or extended to occupy a greater area of land, but may continue at the size and intensity and in the manner of operation existing upon the date of its nonconformity.

a.

A nonconforming use may be enlarged or extended to occupy a greater area of land if any such enlargement or extension is required by the laws, rules, or ordinances of the county, the state, or the United States of America, or is necessary in order to comply with a written recommendation directed specifically to that use by any such governmental authority or an enforcement agency thereof having the authority to regulate the subject matter of the written recommendation, and if any such requirement or written recommendation relates to the health, safety and/or welfare of the general public. Allowed enlargements or extensions pursuant to this subsection a include, but are not limited to, those done to comply with the requirements of Americans with Disabilities Act (ADA).

b.

A nonconforming use allowed to enlarge or extend pursuant to subsection (b)(1)a of this section may also enlarge or extend to regain any lost capacity to function in the manner the use is conducted, which capacity was lost as the result of compliance with any such law, rule, ordinance or written recommendation of any such governmental authority. However, such recaptured capacity shall not exceed the area, size, height, or intensity of use of the original capacity lost as a result of such compliance.

c.

A nonconforming use may be reconfigured if, in the discretion of the city, such reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety and welfare. If a use is reconfigured, the property owner must enter into an agreement with the city, drafted by the city attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming use will remain a legal nonconforming use.

(2)

A nonconforming use may be continued through repair, replacement, restoration, maintenance, or improvement, but not expansion except as set forth in subsection (b)(1) of this section. When any nonconforming use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(3)

A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.

(4)

A nonconforming use shall not be re-established if discontinued for a continuous one-year period, but shall remain in conformance with the provisions of this chapter, as amended.

(5)

Any nonconforming use for which a license, permit or other evidence of city approval was lawfully issued prior to the nonconformity may be conducted in accordance with the terms of the city's mode of approval, provided that the use is started within 60 days of such date and has not been abandoned for a period of more than 120 days. Such use shall thereafter be a legally nonconforming use.

(c)

Nonconforming lots.

(1)

A vacant nonconforming lot may be allowed as a buildable lot provided that all the following conditions are met:

a.

The lot is of record;

b.

No owner of any abutting lot has any potential ownership interest in the nonconforming lot through any relationship of blood, marriage or business with any owner of the nonconforming lot;

c.

The lot was, within one year of the latest application for a building permit, previously occupied by a principal or accessory structure actually used for the same purpose or activity or in the same manner as the structure for which the permit is sought; or the proposed structure will meet all setback requirements which currently apply to the lot; and

d.

All other applicable requirements of this chapter are met.

(2)

Nonconforming lots containing a principal structure may add a permitted accessory structure provided that the accessory structure will meet all minimum setback requirements of this chapter.

(3)

Additions to principal or accessory structures located on nonconforming lots may be permitted provided that any such addition will meet all minimum setback requirements of this chapter.

(d)

Nonconforming structures.

(1)

Except as provided in subsection (d)(9) of this section, nonconforming principal structures shall not be expanded, enlarged or altered in a way which increases their nonconformity, but may be expanded, enlarged or altered, if the expansion, enlargement or alteration fully conforms to existing dimension requirements of the zoning and other city ordinances and regulations. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, such reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety and welfare. If a nonconforming structure is reconfigured, the property owner must enter into an agreement with the city, drafted by the city attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming structure will remain a legal nonconforming structure.

(2)

If any nonconforming structure has deteriorated or is damaged by fire or other peril to the extent of 50 percent or more of its market value as determined by the city assessor and no building permit has been applied for within 180 days of when the property is damaged, any subsequent rebuilding or replacing of the structure shall conform to the terms of this chapter. Any building which is damaged to an extent of less than 50 percent of its value may be restored to its former extent if it is reconstructed within 12 months after the date of such damage. Estimates of the extent of damage shall be made by the building official.

(3)

If a nonconforming structure is moved for any distance whatsoever, it shall conform to the regulations for the district in which it is located after it is moved, except as stated in subsection (d)(1) of this section.

(4)

Normal repairs and maintenance necessary to keep a nonconforming structure in sound condition shall be permitted.

(5)

Replacement, restoration and improvement to a nonconforming structure shall be permitted.

(6)

Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building official, provided that a building permit has been applied for within 180 days of when the property is declared unsafe.

(7)

Any nonconforming structure for which a building permit was lawfully issued prior to the nonconformity may be completed in accordance with the approved plans, provided that construction is started within 60 days of such date, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure and use shall thereafter be a legally nonconforming structure and use.

(8)

The city may impose reasonable condition upon a building permit that is applied for within 180 days after a structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value or is declared unsafe in order to mitigate any newly created impact on adjacent property.

(9)

Expansion permits. The community development director (CD director) may allow the expansion, enlargement or alteration of a nonconforming structure by issuance of a nonconforming structure expansion permit under the following conditions:

a.

The applicant has filed an application which includes the following:

1.

A plat map of the property showing all property boundaries and current improvements on the lot.

2.

A site plan showing the proposed expansion of the nonconforming structure, including all dimensions of the existing structure, proposed expansion and setbacks from adjoining properties.

3.

The fee required by the city fee schedule.

4.

Such other information as the CD director may require.

b.

The proposed expansion, enlargement or alteration of the nonconforming structure will not occupy a space that is beyond the current nonconforming structure's setback and will otherwise be compliant with all zoning and other city ordinances and regulations. For example, if the current setback for the nonconforming structure is 20 feet and 25 feet is required, an expansion permit could be issued for an expansion that kept within the 20-foot current setback and did not violate any other dimensional requirements (i.e., a second floor addition that met city height requirements).

c.

The proposed expansion, enlargement or alteration is a reasonable use of the property, considering such things as:

1.

Functional and aesthetic justifications for the expansion;

2.

Adequacy of off-street parking for the expansion;

3.

Absence of off-site impacts from such things as traffic, noise, dust, odors light and parking; and

4.

Improvement in the appearance and stability of the property and the neighborhood.

d.

The circumstances justifying the expansion, enlargement or alteration are unique to the property and are not caused by the landowner, are not solely for the landowner's convenience and are not solely based on economic considerations.

e.

The expansion, enlargement or alteration will not adversely affect or alter the essential character of the neighborhood.

f.

If a nonconforming structure expansion permit is granted, it shall be accompanied by written findings by the CD director with respect to the criteria set forth above and shall be perpetual and run with the land. The CD director may impose such terms and conditions on the permit as the director deems necessary to ensure that the permit meets the purpose of this section. The permit is limited to the specific project for which application is made, and shall be null and void if a building permit is not obtained and construction started within one year of permit issuance.

g.

The CD director shall cause written notice to be mailed to the properties immediately adjacent to the property that is subject of the application at least 21 days before the CD director makes a decision on the application indicating that an application is pending and that written comments may be submitted within the notice period.

h.

An appeal may be taken from the CD director's decision in accordance with section 1-14 for any person aggrieved within the meaning of Minn. Stats. § 462.361.

(e)

Nonconforming site improvements.

(1)

Site improvements are those works or facilities required by this chapter for the use of the site or placed on the property at the option of the use occupying the land. Such improvements might include, by way of example, parking lots, landscaping, accessory buildings, trash enclosures, and screening.

(2)

Except as otherwise provided in subsection (e)(4) of this section, nonconforming site improvements may continue to serve a principal use so long as no certificate of occupancy is required for the property pursuant to article II, division 6 of this chapter.

(3)

A certificate of occupancy may be issued for a portion of a multiple-occupancy building without bringing the existing site improvements for the entire building into compliance with this chapter so long as any nonconformity is not increased. If a multiple-occupancy building becomes completely vacant, its site improvements must be brought into compliance with this chapter prior to any future occupancy. This subsection shall not imply the loss of any vested rights expressed in this chapter with regard to nonconforming structures.

(4)

Upon any change in occupancy, nonconforming paved parking areas may continue to be utilized without improvement if the number of parking places supplied remains adequate pursuant to the guidelines set forth in this chapter, and the paved surface has not, in the city's judgment, deteriorated so as to be economically beyond repair. If the parking surface cannot be economically repaired for the new occupancy, then the parking lot surface must be replaced or otherwise brought into compliance with this chapter. Unpaved parking areas, when required, must be brought into compliance with this chapter prior to the issuance of any certificate of occupancy required pursuant to article II, division 6 of this chapter because of a change of use.

(5)

When expansion of an existing site improvement is required, the newly constructed portion of the site improvement shall meet all of the requirements of this chapter.

(Code 1984, § 375:09; Code 2003, § 36-6; Ord. No. 04-06, § 1, 2-2-2004; Ord. No. 04-24, § 1, 11-1-2004; Ord. No. 10-13, § 1, 10-18-2010)

(a)

This section identifies general yard requirements and exceptions thereto to be applied in all zoning districts.

(b)

No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as a part of any open space required for another structure.

(c)

The following uses or structures shall not be considered as encroachments on yard setback requirements, but are subject to the yard setback requirements of article VII, division 5 of this chapter, pertaining to the shoreland district:

(1)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, stationary basketball supports, and the like, provided they do not project more than two feet into a yard.

(2)

In front yards, steps, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance more than six feet into the required front yard; and bay windows and similar structures attached to the front of the house which are no more than 25 percent of the width of the principal structure and extend no more than three feet into the required front yard; and covered porches which are no more than 25 percent of the width of the principal structure and extend no more than six feet into the required front yard. Covered porches which extend into the front yard shall be open and not enclosed except for where they are attached to the principal structure. Also, stationary or portable basketball hoops and supports, hockey nets, and other recreational equipment that is determined by the community development director to be similar in both nature and impact.

(3)

In rear yards, recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, detached outdoor living rooms, detached garages, and air conditioning or heating equipment and permitted outdoor storage. Also screen porches and three-season porches, so long as: they do not extend more than ten feet into the required rear yard; occupy no more than 33 percent of the width of the rear of the home; and for the case of three-season porches that are heated or air conditioned, such heating and air conditioner shall be auxiliary to the main heating and air conditioning for the home.

(4)

In side yards, air conditioning and heating equipment provided it is screened in accordance with the requirements of article VIII of this chapter.

(Code 1984, § 375:15; Code 2003, § 36-7; Ord. No. 07-22, § 1, 11-5-2007; Ord. No. 15-11, § 2, 7-20-2015; Ord. No. 17-15, § 1, 12-4-2017)

(a)

Purpose. This section identifies area and building size requirements and exceptions to general height requirements in each zoning district.

(b)

Usable open space. Each multiple-family dwelling site shall contain at least 500 square feet of usable open space, as defined in section 36-3, for each dwelling unit contained thereon.

(c)

Height. The building height limits established in this chapter for districts shall not apply to the following:

(1)

Belfries.

(2)

Chimneys or flues.

(3)

Church spires.

(4)

Cooling towers.

(5)

Cupolas and domes which do not contain usable space.

(6)

Elevator penthouses.

(7)

Flagpoles.

(8)

Monuments.

(9)

Parapet walls extending not more than three feet above the limiting height of the building.

(10)

Water towers.

(11)

Poles, towers and other structures for essential services.

(12)

Necessary mechanical and electrical appurtenances.

(13)

Farm buildings.

(d)

Limitation on area and height of appurtenances. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25 percent of the area of such roof or exceed ten feet unless otherwise noted.

(e)

Minimum lot area per unit. The lot area per unit requirement for two-family, attached single-family, apartment and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint ownership.

(1)

Two-family: 7,000 square feet. This requirement may be waived by the council in the case of two-family dwelling units located in the R-3 zoning district and divided to create two lots if the requirements of section 36-355(4) are also met.

(2)

Attached single-family: 5,000 square feet.

(3)

Multiple-family: 2,500 square feet.

(4)

Elderly housing: 1,000 square feet.

(f)

Foundations. All single-family dwelling units shall have a foundation which shall be constructed pursuant to the requirements of the state building code, as amended.

(Code 1984, § 375:18; Code 2003, § 36-8)

All applications for rezoning, conditional use, variances and building permits pertaining to the erection, or major alterations which will affect the outside dimensions, of a structure shall be accompanied by three copies of a site plan. If the site consists of land not a part of a subdivision or land composed of partial lots, the site plan shall be attached to a survey by a registered land surveyor showing the actual dimensions of the lot or parcel to be built upon. The site plan shall also show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary, the required off-street parking plan and such other information as may be necessary to provide for the enforcement of these regulations.

(Code 1984, § 375:27; Code 2003, § 36-9)

(a)

No person shall within the city fill, excavate, dig or grade the surface of the earth or open any pits or excavated areas in the earth or do any other acts where it will raise or lower the grade of any land, except as provided for in and in conformance with chapter 10. All applications for land reclamation or mining shall require a conditional use permit under the provisions of article II, division 4 of this chapter.

(b)

Processing of derivative products of gravel operations shall require a conditional use permit under the provisions of article II, division 4 of this chapter and shall be subject to all other applicable ordinances of the city, including, but not limited to, chapter 10.

(c)

The activities referred to in subsections (a) and (b) of this section shall not be confined to any particular zoning district, but shall be confined to those areas described in this subsection. In those areas, such activities, when conducted in compliance with subsection (a) or (b) of this section, whichever is applicable, shall be considered a conditional use in the zoning district where the activity is being conducted, but limited to the location as identified in this subsection. The areas or locations where such activities may be conducted as conditional uses are all located in Township 119, Range 22, Hennepin County, Minnesota, and are as follows:

(1)

The S ½ of the S ½ of Section 14 except the west 418 feet of the north 418 feet of the SW ¼ of the SW ¼ of Section 14.

(2)

Section 23.

(3)

The NW ¼ of Section 24.

(4)

The W ½ of the NE ¼ of Section 24.

(5)

The S ½ of Section 24.

(6)

That part of Section 25 lying northerly of the northerly right-of-way line of Interstate 94-694 and westerly of the westerly right-of-way line of Highway 169.

(7)

That part of Section 26 lying northerly of the northerly right-of-way of Interstate 94-694.

(8)

Lot 1, Block 1, McCrossan 2nd Addition.

(Code 1984, § 375:30; Code 2003, § 36-10; Ord. No. 14-04, § 1, 10-6-2014)

All signs shall be erected in conformance with the provisions of chapter 24.

(Code 1984, § 375:33; Code 2003, § 36-11)

The following shall apply to developments without public sanitary sewer and water service:

(1)

The purpose of this section is to establish a procedure whereby multiple-family residential, commercial, and industrial structures may be built in accordance with the provisions of this chapter at a standard which will prevent pollution to groundwater resources or will not result in hazard to health.

(2)

The applicant, before obtaining a building permit for a multiple-family residential, commercial or industrial structure, shall provide the following:

a.

Written approval of the project by the state pollution control agency.

b.

A sewage disposal system plan with standards for P.E. and percolation rate based upon the standards of the state department of health.

c.

A fee as set forth in the city fee schedule to cover the administration cost of the engineer verifying the workability of the system.

(3)

The applicant's professional engineer shall certify that the private system is designed to function so as to not adversely affect the health, safety and general welfare of the residents of the city or adjoining communities. The applicant's professional engineer shall verify that the system is designed as to be incorporated into the public system when it is so provided.

(4)

The city engineer shall review the system design and shall submit their recommendations and findings to the council in a written report prior to the council approving the building permit.

(Code 1984, § 375:36; Code 2003, § 36-12)

(a)

Facilities installed in right-of-way. All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines, and substations less than 33 kv, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the city engineer.

(b)

Facilities not installed in right-of-way. All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 kv which are intended to serve more than one parcel and are proposed to be installed at locations other than in public rights-of-way shall require a special permit issued by the city after approval by the engineering department of the city. Approval by the engineering department shall be based upon the information furnished in the following procedural requirements:

(1)

Prior to the installation of any of such essential services, the owner of such service shall file with the zoning administrator all maps and other pertinent information as deemed necessary for the city engineering department to review the proposed project.

(2)

The zoning administrator shall transmit the map and accompanying information to the city engineering department for its review and approval regarding the project's relationship to the comprehensive plan and/or ordinances and parts thereof. As part of this review, the city engineering department shall consult with and obtain the approval of the city planner and the city parks and recreation director.

(3)

The city engineering department shall report in writing to the zoning administrator its findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city.

(4)

In considering applications for the placement of essential services, as regulated in this section, the city staff as referred to shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated, and the effect of the proposed project upon the comprehensive plan.

(5)

Upon receiving the approval of the city engineering department, the zoning administrator shall issue a special permit for the installation and operation of the applicant's essential services. If the engineering department report recommends the denial of the permit causing the zoning administrator to deny its issuance, the applicant may appeal the decision to the board of adjustment and appeals under the rules and procedures as set forth in article II, division 5 of this chapter.

(c)

Transmission lines in excess of 33 kv. All transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 33 kv shall be a conditional use in all districts subject to the following procedural requirements:

(1)

Prior to the installation of any of such essential services, the owner of such service shall file with the zoning administrator all maps and other pertinent information as deemed necessary for the planning commission to review the proposed project.

(2)

The zoning administrator shall transmit the map and accompanying information to the planning commission for its review and recommendations regarding the project's relationship to the comprehensive plan and parts thereof. A part of this review shall be a written report from the city planner, the city engineer and the parks and recreation director.

(3)

The planning commission shall hold the necessary public hearings as prescribed by this chapter for conditional use.

(4)

The planning commission shall report in writing to the city council its findings as to compliance of the proposed project with the comprehensive plan.

(5)

In considering the application for the placement of essential services as regulated by this subsection, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated, and the effect of the proposed project upon the comprehensive plan.

(d)

Commercial wireless telecommunications antennas and towers. Commercial wireless telecommunications antennas and towers shall be permitted in all zoning districts in conformance with the following requirements:

(1)

No commercial antenna or tower of any kind shall hereafter be erected, constructed, or placed, or reerected, reconstructed or replaced, anywhere within the city without first making an application for and obtaining from the city a permit therefor and providing to the city proof of the manufacturing engineer's seal for the antenna or tower. Application for such a permit shall be made to the building department in the same manner as a building permit under this Code. If the applicant is proposing a location other than an existing structure, building or tower, the applicant must submit information and documentation with the application to sufficiently demonstrate the existence of one of the conditions set forth in subsection (d)(2) of this section. All applications shall include a letter of intent committing the tower owner and the owner's successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. Private antennas and towers shall be governed by section 8-90.

(2)

In all areas of the city, antennas and towers shall be located on existing structures, buildings or towers within a one-mile radius of the proposed location unless the proposed antenna or tower cannot be accommodated on an existing structure, building or tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved structure, building or tower, as documented by a qualified and licensed professional engineer, and the existing or approved structure, building or tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the structure, building or tower as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c.

An existing or approved structure, building or tower within the one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

d.

Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved structure, building or tower.

(3)

If the proposed antenna or tower cannot be accommodated on an existing structure, building or tower for the reasons set forth in subsection (d)(2) of this section, antennas and towers may be located on available public or institutional land. Antennas placed on institutional land in residential districts shall be incorporated into the principal structure, when available, rather than placed on a tower separate from the principal building. On public property, antennas shall be mounted on structures, when available, that serve other purposes such as light standards or emergency siren poles. If structures are not available or are unable to accommodate proposed antennas or towers, a tower separate from the principal structure may be constructed. If public or institutional land is not available, antennas and towers may be located on private property, with the exception of residential districts.

(4)

Antenna towers shall be limited to 150 feet in height. Newly constructed towers shall be set back from lot lines in the following manner. In or adjacent to residential districts, towers 50 feet in height or lower shall be set back one foot from the nearest non-public lot line for every foot of tower height. Towers higher than 50 feet but no higher than 100 feet shall be set back 50 feet, plus two feet for each foot of tower height over 50 feet from the nearest non-public lot line. Towers higher than 100 feet shall be set back 150 feet, plus four feet for every foot of tower height over 100 feet from the nearest non-public lot line. For all other zoning districts, the tower shall be set back one foot for every one foot of height unless adjacent to residential zoning, which would require the setbacks identified above or if adjacent to public land which would not require a setback. A public lot line means a lot line shared with public land, including, but not limited to, rights-of-way, parks, school district boundaries, etc. Towers or antennas installed in public rights-of-way may be no higher than 50 feet.

(5)

Towers shall be designed to blend in with their surroundings through the use of color and camouflaging architectural treatment. Antenna attachments to towers shall be as inconspicuous as possible. No tower shall have constructed thereon or attached thereto, in any way, any platform, catwalk, crow's nest or like structure.

(6)

Ground equipment shall be screened from all property lines. Screening shall be accomplished through landscaping and shall be of an evergreen type and tall enough to limit the view of the equipment. Any fencing shall be similarly screened. Any buildings shall meet the materials standards of the zoning district in which they are located.

(7)

Any proposed tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.

(8)

Any abandoned or unused towers shall be removed within 12 months of cessation of operations at the site. If a tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

(9)

Antennas and towers which do not conform to or comply with this section are subject to the following provisions:

a.

Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.

b.

If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.

(10)

Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.

(11)

All towers may be inspected at least once each year by an official of the building and inspection division to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner, and the owner will have 30 days from the date the notification is issued to make repairs. The owner shall notify the building and inspection division that the repairs have been made, and, as soon as possible thereafter, another inspection will be made and the owner notified of the results.

(Code 1984, § 375:39; Code 2003, § 36-13; Ord. No. 08-16, § 1, 12-1-2008)

(a)

Purpose. The purpose of this section is to provide for the erection of model homes in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment.

(b)

Special requirements.

(1)

Temporary parking facilities equal to four spaces per model home dwelling unit shall be provided. The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the city engineer.

(2)

Access from a temporary parking facility onto a local residential street shall be discouraged. Where this requirement is physically impracticable, access shall be directed away from residential neighborhoods to the greatest extent possible.

(3)

No model home shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in section 36-793.

(4)

All model home signage shall comply with the sign regulations as contained in chapter 24.

(Code 1984, § 375:45; Code 2003, § 36-14)

Before application for site plan, conditional use permit/interim use permit, planned unit development, rezoning or comprehensive plan amendment shall be considered or processed for areas that were previously subject to the city staging plan, application shall be made for evaluation under the infrastructure point system by the city engineer and/or public works director. Any application for site plan, conditional use permit/interim use permit, planned unit development, rezoning and comprehensive plan amendment not obtaining a passing score under the infrastructure point system shall be considered premature and shall not be considered or processed. Further, for developments and redevelopments that have an active application, any subsequent application, submitted prior to the city making a final determination on the active application, shall be considered premature and shall not be considered or processed.

(Code 2003, § 36-15; Ord. No. 06-29, § 2, 10-16-2006; Ord. No. 15-16, § 2, 11-2-2015)

Pursuant to authority granted by Minn. Stats. § 462.3593, subd. 9, the city opts out of the requirements of Minn. Stats. § 462.3593, which defines and regulates temporary family health care dwellings.

(Code 2003, § 36-16; Ord. No. 16-11, § 2, 8-1-2016)