ACCESSORY MOTOR FUEL STATIONS USES: Include one or more of the following:

   A.   Rental of camper trailers of less than fifteen feet (15') in length.

   B.   Rental of camper trucks and camper buses.

   C.   Rental of open, covered, and stake trailers.

   D.   Rental of trucks except tractor trailer units.

   E.   Motor fuel station convenience stores.

ACCESSORY USE OR STRUCTURE: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

ACCESSORY BUILDING - PRIVATE GARAGE: An Accessory Building that is generally used for storage of personal vehicles and other residential storage and is for the purpose of serving a single-family attached or detached residential unit. The Private Garage may be attached or detached to the Principal Building.

ACCESSORY STRUCTURE - STORAGE BUILDING: An Accessory Building that is generally used for the storage of personal items. Such structures may include a small storage shed or chicken coop, etc.

ACCESSORY STRUCTURE - NON-BUILDING STRUCTURES: An Accessory Structure that does not meet the definition of a Building but is permanently affixed to the land and may increase the impervious coverage of a property. Such structures may include, but are not limited to, a children’s play structure, children’s treehouse, above ground or inground pool, sport court, gazebo, patio, etc.

ADULT USES: See Article C of this Chapter.

AGRICULTURE- URBAN: An area less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruits, trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of residents on the property or sale away from the property. It shall not include the raising of animals, roadside stands for sale of products, processing or packaging operations, or similar uses.

AIRPORT OR HELIPORT: Any land or structure which is used or intended for use for the landing and takeoff of aircraft and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights of way.

ALLEY: A public right of way which affords a secondary means of access to abutting property.

ALTERNATIVE ENERGY SYSTEM: A ground source heat pump, wind or solar energy system.

ANIMALS, DOMESTIC: Dogs, cats, birds and other common domestic household pets including female chickens (Gallus gallus domesticus) kept for purposes of companionship or egg production for household use only.

ANIMALS, FOOD: Fish, fowl, cattle, swine, sheep and others typically raised for purposes of food consumption, with the exception of bees where specifically allowed by the zoning districts.

ANIMALS, FUR: Animals raised for pelts.

APARTMENT: A room or suite of rooms with full housekeeping facilities which is rented on a monthly basis.

ATTORNEY: The person licensed by the state to practice law who has been engaged by the city council.

AUTOMOBILE REDUCTION YARD: A lot or yard where three (3) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, and major painting service.

AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of a three- fourths (3/4) ton rating.

BASEMENT: That portion of the building having more than one- half (1/2) of the floor to ceiling height below the average grade of the adjoining ground.

BASEMENT, EXPOSED: A portion of a building located partly underground, but having less than half its floor to ceiling height below the average grade of the adjoining ground.

BLOCK: An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision and/or bodies of water.

BOARDING HOUSE: A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons.

BUILDABLE AREA: Buildable Area is the area on a lot excluding the required front yard setback, all delineated wetlands,waterways or lakes as established by OHWL, steep slopes in excess of 18%, Bluff setback or Bluff Impact Zone.

BUILDING: Any structure having a roof and at least three (3) walls which may provide shelter or enclosure of persons, animals, or chattels, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

BUILDING FOOTPRINT: The outline of the total area covered by a building’s perimeter at the ground level to the block/foundation.

BUILDING HEIGHT: The vertical distance from the average grade of the front building line, as established in the approved grading plan for the lot, to the top of the cornice of a flat roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof.

BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

CARPORT: An open sided, roofed automobile shelter usually formed by extension of the roof from the side of a building.

CHICKEN COOP: Any structure used for the housing of chickens.

CHICKEN RUN: A fenced outdoor area for the keeping and exercising of chickens.

CHURCH: A building, together with its accessory building 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.

CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, the use of premises being restricted to members and their guests.

CLUSTER OR CLUSTERING (HOUSING): The placement of two (2) or more housing units, whether single-family, or multi-family, or mixed, in closer proximity than is permitted under the regulations applicable to the Zoning District or districts in which the project area is proposed to be located.

COLLEGE (OR UNIVERSITY): An educational institution, either private or public, which offers classes and training to full and/or part time students in academic fields, and which offers associate, baccalaureate, and/or graduate degrees or diplomas. A college or university may include accessory facilities including housing, recreation facilities, and other facilities for the convenience of the student population.

COMMERCIAL OFFICES: A commercial use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional and administrative training, but shall not include direct retail commercial transaction activities. Professional training may include classes and training offered by professional or administrative entities to consumers of professional services.

COMMON OPEN SPACE: That portion of the total property of a planned unit development to be used by its residents for both passive and active recreation and owned and maintained by an agency other than the Governing Body.

COMPREHENSIVE PLAN: Unless otherwise stated, it is the general plan for land use, transportation and community facilities prepared and maintained by the Planning Commission and approved by the City Council.

CONDITIONAL USE: Either a public or private use which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

CONDITIONAL USE PERMIT: A permit specially and individually granted for a conditional use in any district.

COUNCIL: Within this Chapter, shall refer to the City Council of Mendota Heights.

CURB LEVEL: The level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the “curb level”.

CUSTODIAL CARE CENTER: A facility used to provide care for aged or infirm persons who require only personal services as board, room, laundry, and other personal services, where nursing services are not provided.

DAYCARE CENTER: A facility 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 periods of less than 24 hours per day, in a place other than the person’s own home.

DOG TRAINING FACILITY: An indoor or outdoor facility utilized for the organized training and care of dogs.

DWELLING: A building or one or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins or trailer coaches.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE: A building having two (2) or more dwelling units.

DWELLING, TOWNHOUSE: A dwelling unit having one or more walls in common with another, oriented so as to have direct access outside.

EARTH SHELTERED STRUCTURE: A building designed by a registered architect and/or engineer and constructed so that the surface area of the building, excluding the garage or accessory buildings, is partially sheltered with earth.

EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

ENGINEER, CITY: The professional engineer engaged by the city council.

ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.

FAMILY: An individual, or two (2) or more persons each related by blood, marriage or adoption or other parent/child relationship, living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household.

FENCE: Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure.

FLOOD: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

FLOOD, DESIGN: The design flood which has been calculated for a given watershed or area from record and study. In the absence of any special engineering studies, the 100-year event shall be used as a standard in this Chapter in determining areas subject to flooding.

FLOODPLAIN: The land adjacent to a body of water which has been or may be hereafter covered by floodwater.

FLOODPLAIN DISTRICT: The area adjoining a river, stream, drainage channel, lake, pond or any low area which is subject to flooding.

FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.

FLOODWATER: The water of any river, stream, drainage channel, low area, lake, or pond which is above and/or outside the channel or banks of said river, stream, drainage channel, lake or pond.

FLOODWAY: The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream.

FLOODWAY DISTRICT: The channel or bed of a river, stream, drainage channel, lake, or pond and those portions of the floodplains adjoining which are required to efficiently carry and discharge the flow of the river or stream and for the purpose of this Chapter.

FLOOR AREA: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The “floor area” of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

FLOOR AREA RATIO: The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located.

FLOOR PLAN, GENERAL: A graphic representation of the anticipated utilization of the floor area within a building structure.

GARAGE, ATTACHED: A private garage that is accessory and attached to the principal structure, that is primarily used for personal vehicles and storage.

GARAGE, DETACHED: A private garage that is accessory and detached to the principal structure, that is primarily used for personal vehicles and storage.

GARAGE, PUBLIC: A building or portion of a building used for the storage of vehicles for remuneration or gratis that is accessible to the general public.

GARAGE, REPAIR: A building or space for the maintenance of vehicles but not including auto wrecking or junk yards.

GOVERNING BODY: The city council of Mendota Heights.

HOME OCCUPATION: Any gainful occupation of a person residing in their dwelling that is clearly accessory to the principal use as a residential unit.

HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and in which ingress and egress to and from all rooms is made through an inside lobby or inside office supervised by a person in charge.

INSTITUTIONAL USE: Uses operated as schools, places of worship, cemeteries, or government facilities.

INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use.

INTERIM USE PERMIT: A permit specially and individually granted for an interim use in any district.

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

KENNEL, ANIMAL: A place where three (3) or more of any single type of domestic animal, over four (4) months of age, are owned, boarded, bred or offered for sale.

LAND RECLAMATION: Restoration of land to usable form by depositing of clean fill materials so as to elevate the grade.

LANDSCAPING: Plantings such as trees, grass and shrubs.

LICENSED ENGINEER: A person licensed as a professional engineer by the state of Minnesota.

LOT: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Chapter, abutting on a public street, and of sufficient size to provide the yards required by this Chapter.

LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines.

LOT AREA, PER DWELLING UNIT: The number of square feet of lot area required per dwelling unit.

LOT, BUTT: A lot located on the end of a block, excluding corner lots.

LOT, CORNER: A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street and the interior angle of which does not exceed 135°.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT, INTERIOR: A lot other than a corner lot, including through lots.

LOT LINE: The property line bounding a lot; except, that where any portion of a lot extends into a public right of way or a proposed public right of way, the line of such public right of way shall be the “lot line” for applying this Chapter.

LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, the front lot line shall be designated by the owner, subject to the approval by the code enforcement officer. Appeals to the determination of the code enforcement officer may be filed with the zoning board of appeals in accordance with section [12-1L-3] of this Chapter.

LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be the line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: Part of a subdivision, the plat of which has been recorded in the office of the register of deeds, or a parcel of land, the deed to which was recorded in the office of said register of deeds prior to the adoption of this Chapter.

LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this [Chapter 1].

LOT WIDTH: The maximum horizontal distance between the side lot lines of a lot measured within the first 30' of the lot depth.

MANUFACTURING: All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided such use will not generate objectionable influences that extend beyond the lot on which the use is located.

MASSAGE THERAPY (THERAPEUTIC MASSAGE) BUSINESS: Any establishment or place providing to the public at large therapeutic massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota statutes sections 144.50 through 144.69.

MEAN FLOW LEVEL: The average flow elevation of a stream or river computed as the midpoint between extreme low and extreme high water.

MINING: The extraction of sand, gravel, rock, soil or other material from the land in the amount of four hundred (400) cubic yards or more and the removal from the site, except grading and/or excavation in connection with an approved development or building plan for which permits have been issued by the city council.

MOBILE HOME: Any type of structure or vehicle which is mounted on wheels or has provisions for wheels and which is designed to provide permanent residence.

MOBILE HOME PARK: Any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.

MOTOR COURT, MOTOR HOTEL OR MOTEL: A building or group of buildings other than a hotel used primarily as a temporary residence.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.

MOTOR FUEL CONVENIENCE STORE: A store operated in conjunction with a motor fuel station or truck stop for the purpose of offering for sale goods not essential for the operation of motor vehicles.

MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include the sale of petroleum products and the sale and servicing of tires, batteries, automotive accessories, replacement items, lubrication services, and the performance of minor automotive maintenance and repair.

MOTOR HOME: All motor vehicles designed, constructed, or used to provide movable living quarters for recreational use.

NATURAL AREA: Any property managed for the development of indigenous prairie and/or forest plants, intended to exist in a wild or natural condition, according to a written plan.

NONCONFORMING STRUCTURE: A structure which is legally existing upon the effective date of this Chapter, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this Chapter.

NONCONFORMING USE: Use of land, buildings or structures lawfully existing at the time of adoption of this Chapter which does not comply with all the regulations of this Chapter or any amendments hereto governing the zoning district in which such use is located.

NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals.

NURSERY, DAY OR NURSERY SCHOOL: A business or home where care is provided for pay for three (3) or more children for periods of four (4) hours or more per day.

NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants, and shrubs.

NURSING HOME: Any institution or facility required to be licensed as such under Minnesota statutes sections 144.50 to 144.56 by the state board of health.

OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building.

OPEN STORAGE: Storage of material outside of a building.

OWNER: Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having proprietary interest in the land.

PARKING SPACE: A surfaced and maintained area (9 by 20 feet) for the storage of one standard automobile.

PARKING SPACE, HANDICAPPED: A surfaced and maintained area (12 by 20 feet) for the parking of one standard automobile and identified for use by handicapped individuals.

PARTY WALL: A common wall which divides two (2) independent structures.

PEDESTRIANWAY: The right of way across or within a block for use by pedestrian traffic.

PERFORMANCE STANDARD: Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

PERSON: A natural person of either gender, a partnership, corporation, political body, any other entity and any other association of persons.

PLANNED UNIT DEVELOPMENT: A development which consists of two (2) or more principal structures or uses on a single parcel of land.

PLANNING COMMISSION: The planning commission of the city of Mendota Heights.

PRIMARY SURFACE: A clear zone extending a distance of five hundred feet (500') centered on the centerline of a runway and extending to a distance of two hundred feet (200') beyond the end of a runway.

PROPERTY: Developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon.

PROPERTY LINE: The legal boundaries of a parcel of land.

PROTECTIVE COVENANT: A contract between parties which constitutes a restriction on the use of property for the benefit of the owners.

PUBLIC LAND: Land owned and/or operated by a governmental unit.

PUBLICATION: An official notice as prescribed by state statutes.

PUMP SETBACK: The distance from the street right of way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right of way.

RECREATION, COMMERCIAL: Recreational instruction and participative athletic uses, including jump/trampoline center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses.

RECREATION EQUIPMENT: Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar apparatus but not including tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment.

RESTAURANT, CAFETERIA: Food is selected by a customer while going through a serving line and taken to a table for consumption.

RESTAURANT, DRIVE-IN: Most customers purchase and consume their food while in an automobile.

RESTAURANT, FAST FOOD: A majority of customers order and are served their food at a counter, and then the food is taken to a table or counter where it is consumed, however, a significant number of people may take the food outside to eat in an automobile or off the premises.

RESTAURANT, TRADITIONAL: Food is served to a customer and consumed while seated at a counter or table.

RETAIL SALES: Stores and shops selling personal services or goods.

RIGHT OF WAY: The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

ROOSTER: A male chicken.

SETBACK: The minimum horizontal distance between the line of a structure and the nearest specified property line.

SHELTER, FALLOUT OR BLAST: A structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fallout, blasts, air raids, storms, or other emergencies.

SIGN: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is placed out of doors or displayed in view of the general public and shall include every detached sign or billboard and every sign attached to or forming a component part of a building, marquee, canopy, awning, street clock, pole, parked vehicle or other object, whether stationary or movable. However, a “sign” shall not include any display of traffic directional signs, street name signs or other signs which have been authorized and erected by a government body.

SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.

SIGN, ELECTRONIC DISPLAY: A sign or portion thereof that displays electronic, nonpictorial, text information in which each alphanumeric character is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. Electronic display signs include computer programmable, microprocessor controlled electronic displays. A scoreboard being used during an organized sporting event shall not be considered a sign.

SIGN, FLASHING: An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use.

SIGN, GROSS AREA OF: The area within the frame shall be used to calculate the square feet; except, that the width of the frame exceeding twelve inches (12") shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area extended six inches (6") beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign.

SIGN, ILLUMINATED: Any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights including, but not limited to, LEDs and luminous tubes as a part of the sign proper.

SIGN, MARQUEE OR CANOPY: Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance to a store, building or place of assembly.

SIGN, MONUMENT: Any freestanding sign independent from any building or other structure that is mounted on the ground or mounted on a foundation base structure at least as wide as the sign. A monument sign is typically solid from grade to the top of the structure.

SIGN, NAMEPLATE: Any sign which states the name or address, or both, of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses, and business of occupants.

SIGN, PYLON: Any freestanding sign independent from any building or other structure that has its supportive structure(s) anchored in the ground and a sign face elevated above ground by a pole(s), post(s) or beam(s) with an open area below the face of the sign.

SIGN, TEMPORARY: A sign allowed for a period of ninety (90) days or less.

SOLAR ENERGY SYSTEM: A device, set of devices, or structural design feature, whose primary purpose is to transform solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: An active system that is an integral part of a principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights, and awnings.

SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. An exposed basement shall be counted as a full story, and a cellar basement shall not be counted as a story.

STREET: A public right-of-way which affords a primary means of access to abutting property.

STREET, COLLECTOR: A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.

STREET, DEAD END OR CUL-DE-SAC: A street with only one (1) vehicular traffic outlet.

STREET, HALF: A street designed to provide access only to one (1) side of the right-of-way.

STREET, MAJOR OR THOROUGHFARE: A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

STREET, MINOR: A street intended to serve primarily as an access to abutting properties.

STREET, PRIVATE: A street which is not dedicated to the community for public use.

STREET, PUBLIC: A public right of way developed to afford primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard, in accordance with the metropolitan council functional classification of transportation facilities.

STREET, SERVICE: A marginal access street which is generally parallel and adjacent to a major street.

STREET WIDTH: The width of the right-of-way, measured at right angles to the centerline of the street.

STRUCTURAL ALTERATION: A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground, or attached to something having a location on the ground. This shall include signs and fences.

TEMPORARY GARDEN CENTER: Temporary greenhouse and display areas for plant materials allowed for a limited time period in a specified location.

THEATER: A structure within which motion pictures or dramatic performances are offered as entertainment for the general public. For the purpose of applying parking and signage standards, a structure containing multiple motion picture screens shall be considered a single theater.

TRAVEL TRAILER: Any trailer which is not used as a residence but is used for temporary living quarters for recreational activities and is towed on public roads in connection with such use.

TRUCK STOP: A motor fuel station devoted primarily to the needs of over the road tractor trailer units and trucks, and which shall include eating or sleeping facilities, and located abutting the right-of-way of a controlled or limited access divided highway, expressway, freeway, or interstate highway of four (4) or more lanes, and on a major city thoroughfare.

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

VEHICLES: Shall include trailers, boats, watercraft, “ski-doos”, snowmobiles, four (4) wheelers, and ATVs.

VETERINARY: Those uses concerned with the diagnosis, treatment, medical care of animals, as well as storage and disposal of dead animals, including animal or pet hospitals.

VIDEO/ELECTRONIC DISPLAY SCOREBOARD: A display board equipped with video or electronic components encompassing a majority of the surface erected at an athletic field, or similar outdoor facility, which shows the score of a contest and other relevant information to spectators at an event.

WAREHOUSING: The storage of materials or equipment within an enclosed building.

WEEDS: All grasses, annual or perennial plants and vegetation, other than trees or shrubs. This term shall not include cultivated lawns, flowers and gardens.

WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.

YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Chapter. A “yard” shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

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

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

ZONING ADMINISTRATOR: That person designated by the City Administrator and approved by City Council as being responsible for the administration of this Chapter.

ZONING DISTRICT: An area or areas within the limits of the City for which the regulations and requirements governing use, lot and size of buildings and premises are uniform. (Ord. 401, 7-19-2005; amd. Ord. 444, 11-20-2012; Ord. 592, 9-17-2024)

ADULT-ORIENTED BUSINESS: A business that: (a) has any sexually-oriented materials in its inventory, stock in trade or publicly traded merchandise; (b) devotes any of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to sexually-oriented materials; (c) derives any revenue from sexually-oriented materials; or a business that engages for any length of time in a sexually-oriented use as defined herein or any other use that has an emphasis on specified sexual activities or specified anatomical areas.

ADULT-ORIENTED ESTABLISHMENT: Any sexually-oriented business or sexually-oriented use.

ADULT-ORIENTED MATERIALS: Visual, printed or aural materials, and other objects or devices, which: (1) Contain, depict, simulate or describe specified sexual activities or specified anatomical areas; (2) Are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or (3) Are designed for sexual stimulation.

ADULT-ORIENTED USES:

Any of the following activities, even if the activity exists for only a short time.

   ADULT BODY PAINTING STUDIO: An establishment or business which excludes minors by reason of age, and which provides the service of applying paints or other substances, whether transparent or non-transparent, to the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.

   ADULT BOOKSTORE: A building or part of a building used for the barter, rental or sale of items consisting of: instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CD ROMs, DVDs or other forms of recording if such items are distinguished or characterized by the emphasis on the depiction or description of specified sexual activities or specified anatomical areas. No obscene work shall be allowed.

   ADULT CABARET: A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

   ADULT CAR WASH: A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to engage in specified sexual activities or to display specified anatomical areas.

   ADULT COMPANION ESTABLISHMENT: A companion establishment and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

   ADULT CONVERSATION/ RAP PARLOR: A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk or discussion if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

   ADULT HEALTH/ SPORT CLUB: A health/sport club if the club which excludes minors by reason of age, and is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

   ADULT HOTEL OR MOTEL: A hotel, motel or similar commercial establishment which excludes minors by reason of age, and which: (a) offers accommodations to the public, for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; (b) Offers a sleeping room for rent for a period of time that is less than ten hours; (c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours; or (d) allows for temporary patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

   ADULT MASSAGE PARLOR, HEALTH CLUB: A massage parlor or health club which excludes minors by reason of age, and which provides the services of massage, if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

   ADULT MINI-MOTION PICTURE THEATER: A building or portion of a building which a capacity for less than 50 persons used for presenting material if the material is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

   ADULT MODELING STUDIO: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and 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 the customers.

   ADULT MOTION PICTURE ARCADE: Any place to which the public is permitted or invited, except for minors by reason of age, and wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion 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 and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

   ADULT MOTION PICTURE STUDIO: A building or portion of a building used for the production, recording, filming or taping of videos or films distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

   ADULT MOTION PICTURE THEATER: A building or portion of a building with a capacity of 50 or more persons, except for minors by reason of age, and used for presenting material if the building or portion of a building as a prevailing practice of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

   ADULT NOVELTY BUSINESS: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

   ADULT SAUNA: A sauna which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

   ADULT STEAM ROOM/ BATHHOUSE FACILITY: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning; relaxing or reducing agent if the service provided by the steam room/bathhouse is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other considerations.

SPECIFIED ANATOMICAL AREAS: (a) Less than completely or opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and (b) human male genitals in a discernable turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES:

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

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

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

   D.   Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);

   E.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, bettering, binding or other physical restraint of any such persons;

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

   G.   Human excretion, urination, menstruation, vaginal or anal irrigation in the context of a sexual relationship. (Ord. 592, 9-17-2024)

ACCESS PATH: An area designated to provide ingress and egress to public waters.

ADJACENT: Having a boundary that physically touches or adjoins.

AGRICULTURAL USE: A use having the meaning given under Minnesota Statutes, section 40A.02.

ALTERNATIVE DESIGN: Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas.

BIOLOGICAL AND ECOLOGICAL FUNCTIONS: The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater.

BLUFF: A natural topographic feature having:

   A.   A slope that rises at least 25' where the grade of the slope averages 18% or greater, measured over any horizontal distance of 25', from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope [See Figure 12-8D-1.1 - below]; or

BLUFF IMPACT ZONE: A bluff and land located within twenty-feet (20') of the bluff. See Figure [12-8D-1.2] for natural escarpment or cliff example and Figure [12-8D-1.3] for more common bluff example.

BUILDABLE AREA: The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas.

BUILDING: A structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site.

CERTIFICATE OF COMPLIANCE: A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection.

CITY: The City of Mendota Heights, Minnesota.

COMMISSIONER: The commissioner of the Minnesota Department of Natural Resources.

CONDITIONAL USE: A use having the meaning given under Minnesota Statutes, Chapters 462.

CONSERVATION DESIGN: A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space.

CONVENTIONAL SUBDIVISION: A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design.

DECK: A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

DEVELOPER: Has the meaning given under Minnesota Statutes, section 116G.03.

DEVELOPMENT: Has the meaning given under Minnesota Statutes, section 116G.03.

DISCRETIONARY ACTION: An action under this Chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezoning.

DOCK: Has the meaning given under Minnesota Rules, Chapter 6115.

ELECTRIC POWER FACILITIES: Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minnesota Statutes, section 216E.

ESSENTIAL SERVICES: Underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, Chapter 115.01, electric power facilities or transmission services.

FEEDLOT: Has the meaning given for animal feedlots under Minnesota Rules, Chapter 7020.

FLOODPLAIN: Has the meaning given under Minnesota Rules, Chapter 6120.

FULLY RECONSTRUCTS: The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed.

HARD-SURFACE TRAIL: A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans.

HISTORIC PROPERTY: An archaeological site, standing structure, site, district, or other property that is:

   A.   Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minnesota Statutes, Chapter 471;

   B.   Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or

   C.   An unplatted cemetery that falls under the provisions of Minnesota Statutes, Chapter 307, in consultation with the Office of the State Archaeologist.

IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces.

INTENSIVE VEGETATION CLEARING: The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block.

INTERIM USE: Has the meaning given under Minnesota Statutes, section 462.

KEYSTONE SPECIES: A species on which other species in an ecosystem largely depend, such that if it were removed the ecosystem would change drastically.

LAND ALTERATION: An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances.

LOCAL GOVERNMENT: Counties, cities, and townships.

LOT: Has the meaning given under Minnesota Rules, Chapter 6120.

LOT WIDTH: The shortest distance between lot lines measured at both the ordinary high-water level and at the required structure setback from the ordinary high-water level. [See Figure 12-8D-1.4 below]

NATIVE VEGETATION: Vegetation comprised of plant species, other than noxious weeds or invasive vegetation, that are indigenous to a region, and which reasonably could occur or flourish naturally on a site.

NATURAL-SURFACE TRAIL: A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans.

NATURAL VEGETATION: Any combination of ground cover (excluding any vegetation considered invasive), understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater.

NONCONFORMITY: The meaning given under Minnesota Statutes, section 394.22.

NONMETALLIC MINING: The construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, “facility” includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining.

OFF-PREMISES ADVERTISING SIGNS: Signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located.

ORDINARY HIGH-WATER LEVEL (OHWL): Has the meaning given under Minnesota Statutes, section 103G.005.

OVERLAY DISTRICT: A zoning district that is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain.

PARCEL: Has the meaning given under Minnesota Statutes, section 116G.03.

PATIO: A constructed hard surface located at ground level with no railings and open to the sky.

PICNIC SHELTER: A roofed structure open on all sides, accessory to a recreational use.

PLANNED UNIT DEVELOPMENT (PUD): A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and/or phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development.

PLAT: Has the meaning given under Minnesota Statutes, sections 505 and 515B.

PORT: A water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, Chapter 458.

PRIMARY CONSERVATION AREAS (PCA): Resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, underground springs, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans.

PRIVATE FACILITIES: Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs.

PROFESSIONAL ENGINEER: An engineer licensed to practice in Minnesota.

PUBLIC FACILITIES: Public utilities, public transportation facilities, and public recreational facilities.

PUBLIC RECREATION FACILITIES: Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation.

PUBLIC RIVER CORRIDOR VIEWS (PRCVs): Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA Chapter of the Comprehensive Plan.

PUBLIC TRANSPORTATION FACILITIES: All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways.

PUBLIC UTILITIES: Electric power facilities, essential services, and transmission services.

PUBLIC WATERS: Has the meaning given under Minnesota Statutes, section 103G.005.

PUBLIC WORKS DIRECTOR: A person designated by the City Administrator and approved by the City Council as being jointly responsible for the administration of this Chapter.

READILY VISIBLE: Land and development that are easily seen from the ordinary high-water level of the opposite shore during summer months.

RESOURCE AGENCY: A Federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring.

RETAINING WALL: A vertical or nearly vertical structure constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.

ROCK RIPRAP: Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour or water or ice erosion.

RIVER CORRIDOR BOUNDARY: The boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the Sate Register, volume 43, pages 508 to 518.

RIVER-DEPENDENT USE: The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities.

SCOUR: The localized removal of material from the streambed by flowing water, and is the opposite of fill.

SELECTIVE VEGETATION REMOVAL: The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover.

SETBACK: A separation distance measured horizontally.

SHORE IMPACT ZONE (SIZ): Land located between the ordinary high-water level of public waters and a line parallel to it at a setback of fifty percent (50%) of the required structure setback or, for agricultural use fifty feet (50') landward of the ordinary high water level. [See Figure 12-8D-1.5 - below].

STRUCTURE: Anything constructed or installed or portable, except for aerial or underground utility lines such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, decks, billboards, swimming pools, and advertising signs.

SUBDIVISION: Has the meaning given under Minnesota Statutes, section 462.352.

SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS): Has the meaning given under Minnesota Rules, part 7080.1100.

TRANSMISSION SERVICES:

   A.   Electric power lines, cables, pipelines, or conduits that are:

      1.   Used to transport power between two points, as identified and defined under Minnesota Statutes, section 216E.01, subdivision 4; or

      2.   For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two points; and

   B.   Telecommunication lines, cables, pipelines, or conduits.

TREELINE: The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage.

UNDERGROUND SPRING: A place where water moving underground finds an opening to the land surface and emerges, sometimes as just a trickle, and in some cases only after a storm event, and in some cases seen as a continuous flow of water.

VARIANCE: Any modification or variation of official controls that a municipality has approved in accordance with Minnesota Statutes, section 462.357, subd. 6(2).

WATER ACCESS RAMP: A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.

WATER-ORIENTED ACCESSORY STRUCTURE: A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios.

WATER QUALITY IMPACT ZONE: Land within the shore impact zone or within 50' of the OHWL of the river, whichever is greater, and land within 50' of a public water, wetland, or natural drainage route.

WETLAND: Has the meaning given under Minnesota Statutes, section 103G.005.

WHARF: Has the meaning given under Minnesota Rules, part 6115.0170.

ZONING ADMINISTRATOR: A person designated by the City Administrator and approved by the City Council as being jointly responsible for the administration of this Chapter. (Ord. 592, 9-17-2024)

AIRCRAFT NOISE ZONE: Any one of the four (4) zones identified on the map attached to ordinance 232 and incorporated herein by reference.

CONSISTENT: Land uses that are acceptable.

Dba: A unit of sound pressure level weighted by use of the A metering characteristics and weighting as specified in the American National Standards Institute specification for sound level meters (ANSI S1.4-1983), which is hereby incorporated by reference. “dBA” is also referred to as an A-weighted decibel.

DNL: The day-night sound level, or the twenty four (24) hour equivalent continuous sound level (time averaged A-weighted sound level) from twelve o’clock (12:00) midnight to twelve o’clock (12:00) midnight, obtained after the addition of ten (10) dBA to sound levels measured from ten o’clock (10:00) P.M. to seven o’clock (7:00) A.M.

INCONSISTENT: Land uses that are not acceptable even if acoustical treatment was incorporated in the structure.

INFILL DEVELOPMENT: Pertains to an undeveloped parcel or parcels of land proposed for development similar to or less noise sensitive than the developed parcels surrounding the undeveloped parcel (for example, a new house on a vacant lot in a residential neighborhood, or a new industry on a vacant parcel in an established industrial area).

Ldn: The day-night average level, or the twenty four (24) hour equivalent continuous sound level (time averaged A-weighted sound level) from twelve o’clock (12:00) midnight to twelve o’clock (12:00) midnight, obtained after the addition of ten (10) dBA to sound levels measured from ten o’clock (10:00) P.M. to seven o’clock (7:00) A.M.

leq.: The equivalent continuous sound level which, over the period of one hour, has the same A-weighted sound energy as the time varying sound.

MAJOR REDEVELOPMENT: A relatively large parcel of land with all structures proposed for extensive rehabilitation or demolition, and different uses (for example, demolition of a square block of old office and hotel buildings for new housing, office, commercial uses; conversion of warehouse to office and commercial uses).

NEW DEVELOPMENT: A relatively large, undeveloped tract of land proposed for development (for example, a residential subdivision, industrial park or shopping center).

NOISE REDUCTION LEVEL: The difference between the exterior and interior sound level, expressed in dBA, is achieved by the intervening structure.

RECOGNIZED ACOUSTICAL SPECIALIST: A person qualified by education and experience to conduct sound analyses of buildings and approved for such purpose by the city. The approved individual shall have at least three (3) years of experience in the field of sound control and a degree from a recognized institute of higher learning in the process of sound analysis of buildings.

RECONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES: Pertains to replacing a structure destroyed by fire, age, etc., to accommodate the same use that existed before destruction, or expanding a structure to accommodate increased demand for an existing use but does not pertain to remodeling or rehabilitating existing residential buildings nor to the construction of an appurtenance to an existing residential building.

SOUND: Energy that is transmitted by pressure waves in the air or in other materials and is the objective cause of the sensation of hearing. It is commonly called “noise” if it is unwanted.

SOUND ATTENUATION: The reduction in sound level which occurs between the source and receiver.

SOUND LEAK: An opening in a structure through which sound can pass. “Sound leaks” are often extremely small holes or cracks. In general, an air leak is a “sound leak”.

SOUND LEVEL: The level of sound pressure measured with a sound level meter and one of its weighting (frequency) networks. When A-weighting is used, the “sound level” is expressed as dBA.

SOUND TRANSMISSION CLASS (STC): A single number rating for describing the degree of sound transmission loss specified for a wall, window, partition or other building element. The higher the STC, the more attenuation the building element will afford. (Ord. 592, 9-17-2024)