(a)

Rules. The language set forth in the text of this zoning code shall be interpreted in accordance with the following rules of construction, and definitions. Any conflict with common usage or chapter 1 as to the meaning of a word or term shall be resolved in favor of the following definitions, if the word applies to this zoning code. Otherwise, the definitions in chapter 1 will control.

(b)

Definitions. The following words and terms, wherever they occur in this zoning code, shall be interpreted as follows:

Accessory building or use means a subordinate 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 building or main use.

Adult day care means personal care during the day (for less than 24 hours) in a protective setting licensed by the state providing companionship, education, recreational or developmental activities, as well as integral but subordinate medical services in the form of medical examinations, dental screening, and immunizations.

Adult uses means any of the activities and businesses described below constitute sexually oriented businesses which are subject to the regulations of this Code and more specifically subsection 4-3(k).

(1)

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

(2)

Adult use—Bookstore means a building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, video tape, motion picture film, or any type of computerized or electronic images or projections if such building or portion of a building is not open to the public generally, but only to one or more classes of the public excluding any minor by reason of age and if substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specific sexual activities" or "specified anatomical areas."

(3)

Adult use—Cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas."

(4)

Adult use—Companionship establishment means a companionship establishment which excludes minors by reason of age, 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 such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(5)

Adult use—Conversation/rap parlor means 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 such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(6)

Adult use—Health/sport club means a health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(7)

Adult use—Hotel or motel means adult hotel or motel means a hotel or motel from which minors are specifically excluded from 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."

(8)

Adult use—Massage parlor, health club means a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(9)

Adult use—Minimotion picture theater means a building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

(10)

Adult use—Modeling studio means 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 such 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 such customers.

(11)

Adult use—Motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors (computerized or electronic imaging devices) 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 "specific anatomical areas."

(12)

Adult use—Motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

(13)

Adult use—Novelty business means a business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

(14)

Adult use—Sauna means a sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

(15)

Adult use—Steam room/bathhouse facility means 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 such 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."

Alley means a public right-of-way less than 30 feet in width which affords secondary access to abutting property.

All-terrain vehicle (ATV) means a motorized vehicle with not less than three, but not more than six low pressure or non-pneumatic tires; a total dry weight of 2,000 pounds or less; and a total width from outside of tire rim to outside of tire rim that is 65 inches or less. An ATV is sometimes referred to as a four-wheeler or quad. This definition includes both Class 1 and Class 2 all-terrain vehicles.

(1)

All-terrain vehicle, Class 1: an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less.

(2)

All-terrain vehicle, Class 2: an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches.

Animal kennel or animal day care means any place where four or more animals, including but not limited to dogs, cats or any combination thereof, over six months of age are boarded for any length of time, bred and/or offered for sale, except a veterinary clinic.

Antenna means any of the below described uses requiring an antenna shall be subject to the regulations of this Code and more specifically subsections 4-3(b)(6)h and 4-3(l) herein:

(1)

Antenna, personal wireless service means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.

(2)

Antenna, public or commercial radio and television, broadcast transmitting means a wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming and including the support structure thereof.

(3)

Antenna, public utility microwave means a parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

(4)

Antenna, radio and television receiving means a wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof.

(5)

Antenna, satellite dish means a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof.

(6)

Antenna, short-wave radio transmitting and receiving means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof.

Antenna support structure means any building or other structure other than a tower which can be used for location of antennas.

Antenna tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.

Antenna tower-temporary mobile means any mobile tower, pole or structure located on a trailer, vehicle or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless service, which is commonly referred to as cellular on wheels (COW).

Applicant means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the issuing authority for a permit or license pursuant to this Code.

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

As graded means the surface conditions extent on completion of grading.

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

Bedrock means in place solid rock.

Bench means a relatively level step excavated into earth material.

Best management practices means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff):

(1)

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

(2)

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

(3)

The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and

(4)

The slope must drain toward the waterbody.

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

Bluff, toe means the lower point of a 50 foot segment with an average slope exceeding 18 percent.

Bluff, top means the higher point of a 50 foot segment with an average slope exceeding 18 percent.

Board of appeals and adjustments means the city council sitting as a review board for zoning matters as provided in Minn. Stat. 462.351, subd. 6.

Boarding house 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.

Boulevard means that portion of the dedicated street or right-of-way lying between the curb, or traveled portion of the right-of-way if there is no curb, and the lot or property line.

Borrow means earth material acquired from an off-site location for use in grading on a site.

Brewery manufactures, processes and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for on-site consumption in a taproom or for off-site consumption as growlers. A brewer may not have an ownership interest in a brewery licensed under Minn. Stat. § 340A.301, subd. 6, clause (d).

Brewpub means a restaurant-brewery that sells 85 percent or more of its malt liquor on-site. The malt liquor is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. Brewpubs may also sell malt liquor for off-sale consumption in growler containers.

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

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

Building means any structure 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 on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.

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

Cannabis business shall include the following, all of which must be licensed through the state and the office of cannabis management under Minn. Stat. § 342: cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, cannabis delivery service, and medical cannabis combination business.

Cannabis mezzobusiness means a vertically integrated license offered by the OCM that entitles a license holder to cultivate cannabis subject to a 15,000 square foot plant canopy limit, manufacture, and sell cannabis, and related products.

Cannabis microbusiness means a vertically integrated license offered by the OCM that entitles a license holder to cultivate cannabis subject to a 5,000 square foot plant canopy limit, manufacture, and sell cannabis, and related products.

Canopy means an accessory roof-like structure, which is either attached to or detached from a principal building; which is open on all sides, other than where attached; and, which is located over and designed to provide cover for entrances, exits, walkways, and approved off-street vehicle service areas.

Carport means an accessory building that is a canopy constructed of metal or other material supported by posts either ornamental or solid and completely or partially open on more than one side.

Cellar means that portion of a building having more than one-half of the floor to ceiling height below the average land grade.

Cemetery means a parcel or tract of land used or intended to be used for the burial of the dead including columbariums, crematories, mausoleums and mortuaries when operated within the boundaries of such cemetery.

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

Children means one or more persons under the age of 16, or persons over 16 years of age, but under 21, if for reasons of mental retardation they still require the protection needed by persons under 16 years of age.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Civil engineer means a professional engineer registered in the state to practice in the field of civil works.

Civil engineering means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.

Club or lodge means a club or lodge is a nonprofit association of persons who are bona fide members paying annual dues; use of premises being restricted to members and their guests.

Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services, including, but not limited to, the following:

(1)

Automobile repair—Major means general repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

(2)

Automobile repair—Minor means an establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales.

(3)

Automobile sales means the use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use.

(4)

Hospitality business means an establishment offering transient lodging accommodations on a daily rate to the general public, leasable events, meeting or conference facilities and exhibition halls or other uses of similar character including hotels, motels, convention facilities, and hospices.

(5)

Motor fuel station means a place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.

(6)

Office business—General means an establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations including attorneys, financial advisors, insurance, travel and other uses of similar character.

(7)

Office business—Clinical means an establishment located within a building or portion of a building providing out-patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians and other uses of similar character.

(8)

Recreational business means health club, bowling alley, cart track, golf course, billiard (pool) hall, dance hall, skating rinks, firearms range, boat rental, amusement rides, campgrounds, private parks, and uses of similar character.

(9)

Restaurant—Convenience means an establishment that serves food in or on disposable or edible containers in individual servings for consumption on or off premises, including drive-in restaurants, take out, pick up, or delivery food sales, but not including drive-through facilities.

(10)

Restaurant—General means an establishment that serves food in individual portions to be consumed on site, but not including convenience restaurants.

(11)

Retail business means an establishment engaged in the display and sale of products produced off-site directly to consumers within a building or portion of a building excluding any exterior display and sales.

(12)

Service business—Off-site means a company that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character.

(13)

Service business—On-site means an establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive-through facilities), copy centers, barber/beauty salons, laundromats, dry cleaners, funeral homes and mortuaries, animal clinics, appliance repair, tailor shops, travel bureaus, and specialty schools or tutoring centers offering only one-on-one instruction of students.

Comprehensive municipal plan. Sometimes described as the comprehensive plan: "Comprehensive municipal plan" means 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 includes but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. The comprehensive plan represents the planning commission's recommendations for the future development of the community, as approved by the council.

Compaction means the densification of a fill by mechanical means.

Commissioner as referred to in subsections 4-25(c)(5)(a) and 4-26(k) of this Code shall mean Commissioner of the Department of Natural Resources.

Conditional accessory use means an accessory use which because of special problems of control require a conditional use permit.

Conditional use means a use, which because of special problems of control inherent in the particular use, requires reasonable, but special, unusual or 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 council by resolution, as a flexibility device to enable the 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. Resolutions authorizing conditional use permits shall be filed with the appropriate county officials as required by Minnesota Statutes. Frequently identified by its initials, CUP, or C.U.P.

Condominium means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes.

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.

Day care facility means any state licensed 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 periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services, as defined by Minn. Stat. § 245A.02, subd. 10.

Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

Detention facility means a permanent natural or manmade structure, including wetlands, for the temporary storage of stormwater which contains a permanent pool of water.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of material or equipment.

Discharge means the release, conveyance, channeling, runoff, or drainage, of stormwater including snowmelt, from a construction site.

District means a section or sections 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: See animal kennel or animal day care.

Drainage way means a natural or manmade channel which collects and intermittently or continuously conveys stormwater runoff.

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

Dredging means to enlarge or clean-out a waterbody, watercourse, or wetland.

Driveway means a private roadway connecting a public street or right-of-way to an off-street parking lot, loading area, garage, home or other building or use on a lot or parcel of property.

Dwelling means for purposes of this Code, a dwelling shall be defined as a building or portion thereof, designated exclusively for residential occupancy, including the following, but not including hotels, motels and boarding houses:

(1)

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

(2)

Dwelling, manor homes means a residential structure with five to eight units with each unit having a separated entrance/exit. There may be more than one floor and an attached garage space.

(3)

Dwelling, manufactured home means a residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpack and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities. A travel trailer is not considered a manufactured home.

(4)

Dwelling, multiple-family (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.

(5)

Dwelling, quadraminium means a single structure which contains four separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure. Except where otherwise noted, quadraminiums are applicable under the same conditions and standards as townhomes in this Code.

(6)

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

(7)

Dwelling, townhouses means structures housing three or more dwelling units of not more than two stories each and contiguous to each other only by the sharing of one common wall, such structures to be of the town or row house type as contrasted to multiple dwelling apartment structures. Each dwelling unit shall have separate and individual front and rear entrances from the exterior.

(8)

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

a.

Twinhome means a two-family dwelling with two units side by side.

b.

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

(9)

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

Earth material means any rock, natural soil or fill and combination thereof.

Engineering geologist means a geologist experienced and knowledgeable in engineering geology and certified by the state to practice engineering geology.

Engineering geology means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion means the wearing away of the ground surface as a result of the movement of wind, water or ice.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water, or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Personal wireless service and commercial broadcasting antennas and towers shall not be considered an essential service.

Equal degree of encroachment means a method of determining the location of encroachment lines so that flood plain 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.

Exposed soil areas means all areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas, and disposal areas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered "exposed soil," until it meets the definition of final stabilization.

Family means one or more persons each related to the other by blood, marriage, domestic partnership, adoption, or foster care, or a group of not more than four persons not so related maintaining a common household and using common cooking and kitchen facilities, exclusive of servants.

Fence means a structure, partition, or wall used to define a boundary, enclose a piece of land, divide a piece of land into distinct portions, or to serve as a means of protection, confinement, or visual obstruction.

Final erosion and sediment control plan (final plan) means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

Filling means the act of depositing any rock, soil, gravel, sand, or other material so as to fill or partly fill a waterbody, watercourse, wetland, channel or natural or excavated hole, trench, or other swell or depression in the earth.

Final stabilization means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 75 percent for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass is not considered final stabilization.

Flood means a temporary rise in stream flow or stage which results in inundation of the areas adjacent to the channel, or other terrain or buildings not normally under water.

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.

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within New Hope shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the flood insurance rate map adopted in subsection 4-26(b)(1) of this Code.

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.

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

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

Floor area means the sum of the gross horizontal areas of the several floors of the building or the portions thereof, devoted to a particular use, including 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. However, the floor area shall not include basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. In determining the floor area minimum requirements of one family structures, two-family structures and townhouse structures, the area of either attached, unattached or basement garages not to exceed 200 square feet per dwelling unit, shall be included but shall not include closed breezeways or porches, or basement (cellar) area other than such area devoted to garage purposes, unless such basement area meets all requirements for occupancy as living area. Floor area of other residences shall not include basement area or the area of attached or unattached garages, enclosed breezeways or porches.

Garage private means an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or 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 herein 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 the sale or offering for sale of over five items of household or personal property on any portion of a lot in a residential zoning district, whether within or outside any building.

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. Grade also means the following for purposes of subsection 4-3(j) of this Code. The vertical location of the ground surface existing grade means the grade prior to grading; rough grade means the stage at which the grade approximately conforms to the approved plan; final grade means the stage at which the grade conforms to the approved plan.

Grading means changing the natural or existing topography of land.

Ground-mounted solar energy system means a solar energy system that is freestanding with its own foundation and structural support system.

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

Hardship means a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the official controls.

Health club means a business that offers equipment, facilities, or trained personnel for exercising and improving physical fitness of its clientele.

Home occupation means a business conducted in a residential area in which the home is used as the base or central location for operating said business.

Impervious surface means an artificial or natural surface through which water, air, or roots cannot penetrate.

Interim erosion and sediment control plan means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related land disturbances, fills, and soil storage occur, and before final improvements are completed.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

(1)

Automobile wrecking or junk yard means 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; and including any commercial salvaging and scavenging of any other goods, articles or merchandise.

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

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

Land disturbance/land-disturbing activities means any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure.

Long term care facility means a state licensed facility or that part of a facility which provides nursing care pursuant to Minn. Stat. ch. 144A.01.

Lot (of record) means a parcel of land, whether subdivided or otherwise legally described, as of the effective date of this Code, 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 Code and having its principal frontage upon a street.

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 zoning regulation, having not less than the minimum area required by this zoning code for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the council.

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

Lot, base means lots meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling, townhouse, or quadraminium subdivision.

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, front means the front of a lot shall be, for purposes of complying with this Code, that boundary abutting a public right-of-way having the least width.

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, through means a lot fronting on two parallel streets.

Lot, unit means lots created from the subdivision of a two-family dwelling, townhouse, or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district.

Lot, width means the shortest horizontal distance between the side lot lines measured at right angles to the lot depth at the front setback line.

Lower-potency hemp edible manufacturer definition is in section 8-41.

Lower-potency hemp edible retailer definition is in section 8-41.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Manual of standards means a compilation of technical standards and design specifications adopted by the city as being proven methods of controlling construction-related surface runoff, erosion and sedimentation.

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

Medical cannabis combination business is defined in Minn. Stat. § 342.515.

Microdistillery manufactures, processes and warehouses distilled liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail distilled liquor produce for on-site consumption in a cocktail room or for off-site consumption, subject to compliance with the conditions set forth in chapter 10 of this Code.

Microdistillery cocktail room means the on-sale sale of distilled liquor produced by the distiller on the premises of or adjacent to a microdistillery location owned by a distiller, subject to compliance with the conditions set forth in chapter 10 of this Code.

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

Natural drainage system means all land surface areas which by the 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 waterbody, watercourse, or wetland by a nonhuman cause.

Nonconforming structure or use means any structure or use which on the effective date of July 5, 1979, does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be constructed or developed under the requirements of this Code.

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

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

Off road vehicle means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without the benefit of a road, trail or paved or gravel driving surface.

Off-street loading space means a space accessible from the street or alley 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 outdoor storage means any open land used or occupied for the purpose of outdoor storage of material, recreational vehicles and equipment, product, or semitrailers, accessory to the principal use of the property. Open outdoor storage shall not include the temporary parking of licensed and operable motor vehicles in designated parking stalls, or vehicles being serviced in designated service areas.

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 same prior to sale.

Ordinary high water level means the boundary of public waters and wetlands which shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Out-patient 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.

Outdoor living space means any detached accessory building utilized as a living space, such as a gazebo, spa house, screened porch, or play house.

Outdoor sales of seasonal farm produce means the sale, from an outdoor location which may include a temporary structure, tent, kiosk, booth or truck bed, by vendors who are not a part of the principal use otherwise occurring on the site, of Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site.

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 access to a public street or alley, permitting satisfactory ingress and egress of an automobile.

Passive solar energy system means a system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Permittee means the applicant in whose name a valid permit or license is duly issued pursuant to this Code and their agents, employees and others acting under their direction.

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

Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, tattooing and body piercing.

Person means an individual, firm, partnership, association, corporation, or organization of any kind. Person also means an adult who is handicapped by reason of mental retardation, mental illness, chemical dependency, or physical handicap and a child, whether handicapped or not, as defined per Minn. Stat. § 245A.02, subd. 4.

Photovoltaic system means a solar energy system that converts solar energy directly into electricity.

Physical disability means encompasses those orthopedic, incoordinative, sight, and hearing disabilities that culminate in the significant reduction of mobility, flexibility, coordination, or perceptiveness and that, singly or in combination, interfere with the individual's ability to live and function independently; that are not the result of the normal aging process; and that are medically diagnosed as chronic conditions.

Physically disabled citizen residential housing means housing within the city which is particularly suitable as to location and amenities intended solely for physically disabled persons.

Planned unit development (PUD) means grouping of land parcels for development under integrated management, planning, architecture, operation and maintenance. Also identified by its initials, PUD or P.U.D.

Principal use means the main use of land or buildings as distinguished from subordinate or accessory uses. "Principal use" may be either permitted or conditional. Such a use is to be interpreted in the general, broad sense of a given use classification, such as residential, commercial, industrial, etc. and is comprised of and limited to one or more activities specified in a given zoning district.

Public uses means uses owned or operated by school districts, municipal, county, state, or other governmental units.

Public structure means an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency.

Public waters means any waters as defined in Minn. Stat. § 103G.005, subds. 15 and 15a.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream, river or creek influenced by a manmade obstruction. In New Hope, the segment of a stream between two consecutive culverts; under streets or highways the stream would most typically constitute a reach.

Recreation, field or building means an area of land, 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 Code.

Recreational vehicle means self-propelled vehicles or vehicles stored on licensed trailers which are used primarily for recreational-leisure time activities including, but not limited to campers, tent trailers, motor homes or other vehicles used for temporary living quarters, boats, canoes, kayaks, all terrain vehicles, snowmobiles, golf carts, race cars, stockcars, motorcycles, utility trailers, off-road vehicles and similar vehicles or equipment.

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

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

Residential care facility means any state licensed 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, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home, residential care facilities include, but are not limited to: state institutions under the control of the commissioner of public welfare, foster homes, senior foster care, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children, as defined by Minn. Stat. § 245A.2, subd. 14.

Residential dumpster bag means a storage bag temporarily placed on a property for use in storing materials for household relocation or improvement projects.

Roof-mounted solar energy system means a solar energy system that is an integral part of a principal or accessory building, rather than a separate ground-mounted mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

Screening or screened means at least 80 percent concealed or hidden from adjoining properties or public street rights-of-way.

Sediment means solid material deposited or carried by water, sewage, other liquid or wind.

Secondary use means a use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.

Semi-truck parking means any truck and trailer combination that has a length of 21 feet or more. Semi-truck parking is the parking of a semi-truck or semi-truck connected to a trailer meeting the performance standards of this Code. Semitrailers not connected to a truck shall be outdoor storage and subject to the rules and conditions for outdoor storage in this Code.

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.

Senior citizen housing means a public agency owned, controlled, or financed multiple dwelling building with open occupancy limited to persons 55 years of age or over.

Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback means the minimum horizontal distance between a building, street lot line, shoreline or bluff. The setback distance is measured at ground level from the lot line, lake ordinary high water level, top of bluff, or street right-of-way, to a point on the ground directly under the most outwardly extended portion of the side of the structure nearest the lot line, lake ordinary high water level, top of bluff or street right-of-way.

Shopping center means an integrated grouping of individual retail and service stores located in one or more principal buildings, sharing parking, entrance and exit areas, under single ownership or unified control. Shopping centers are planned unit developments and processed accordingly.

Site means a space, parcel or parcels of real property owned by one or more than one person which is being or is capable of being developed as a single project.

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

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. Slope also means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil means naturally occurring superficial deposits overlying bedrock.

Soils engineer means a civil engineer experienced and knowledgeable in the practice of soils engineering.

Soils engineering means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Solar energy system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Specified anatomical areas:

(1)

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

(2)

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

Specified sexual activities:

(1)

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

(2)

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

(3)

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

(4)

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast for the intent of sexual arousal or enjoyment; or

(5)

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, fettering, binding or other physical restraint of any such persons; or

(6)

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

(7)

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

Sports training center means a business with equipment, facilities, or trained personnel that offers specialized training, education, and fitness for a specific sport or athletic activity.

Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Code. 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.

Stormwater means precipitation runoff, stormwater runoff, snow melt off, and any other surface runoff and drainage.

Stormwater pollution prevention plan (SWPPP) means a joint stormwater and erosion and sediment control plan that is a document containing the requirements of this [chapter].

Story means that portion of a building included beneath the upper surface of a floor and upper surface of floor next above, except that the top-most story shall be that portion of a building included between the upper surface of the top-most 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 as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar, or unused underfloor space shall be considered as 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 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 or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water.

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. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term 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 assure safe living conditions.

(2)

Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this section, "historic structure" shall be defined in the Code of Federal Regulations, Part 59.1.

Taproom means a room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced on-site. A taproom may also sell malt liquor for off-sale consumption in growler containers.

Tattooing means the marking of the skin of a person with insertion of permanent colors by introducing them through puncture of the skin.

Temporary storage unit means an enclosed container temporarily placed on a property for use in storing materials for household relocation or improvement projects.

Therapeutic massage means a scientific health care, health maintenance and rehabilitation technique, carried out by a massage therapist, involving the massaging and kneading of human skin, muscles and tissues for the exclusive purpose of easing mental and physical tension, alleviation of aches and pains, the breaking up of fatty tissues and muscle spasms, physical fitness, relaxation, beautification, or improvement of circulation through the body, and for no other purpose.

Trade school means a school or teaching unit that provides training, apprentice education, or continuing education in manual, technical, and mechanical skills to post-secondary education students only. Trade school definition does not include: (1) training or education to students enrolled in middle school (junior high school) or secondary school (senior high school); or (2) dual enrollment students who are dually enrolled in secondary school and post-secondary school.

Tree, nuisance means any tree that is diseased, dead, dying, invasive, or susceptible to disease.

Tree, preferred means any tree not appearing on city's prohibited tree list, as may be amended.

Tree, ratio 1:0.5 means the diameter of the tree in inches (rounding up) equals the total number of diameter inches required for replacement.

Tree, significant means a healthy tree measuring a minimum of six inches in diameter measured five feet above the existing, natural grade surrounding the tree for deciduous trees, or a minimum of 12 feet in height for coniferous trees.

Trees, understory/overstory [means]

(1)

Overstory—A tree with a normal mature height of 25 feet or more.

(2)

Understory—A plant with a normal mature height of less than 25 feet.

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 Code.

Useable 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 useable 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 useable space.

Utility task vehicle (UTV) means a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds, and typically has some sort of roof structure.

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

Waters of the state has the meaning given it in Minn. Stat., § 115.01, subdiv. 22.

Water-oriented accessory structure or facility means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include gazebos, screen houses, pump houses, and detached decks.

Waterbody means a body of water (lake, pond) in a depression of land or expanded 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 may flow year-around 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 area.

Wetlands means swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and properly, may be shallow waterbodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. An area where water stands near, at, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:

(1)

Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S., 1971).

(2)

Mineral soils with gley horizons or organic soils belonging to the histosol order (peat and muck).

(3)

Soil which is water logged or covered with water at least three months of the year.

(4)

Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S., 1956).

(5)

Mineral soils with gley horizons or organic soils belonging to the histosol order (peat and muck).

(6)

Soil which is water logged or covered with water at least three months of the year.

Yard means except as permitted in the yard encroachment provisions, a yard shall be defined as an open space on the lot which is unoccupied and unobstructed by artificial structures 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 means a yard extending across the front of the lot and lying between the front line of the lot and the nearest line of the building.

Yard, rear means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard, side means a yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the lot to the rear lot line.

(Ord. No. 02-04, §§ 1, 21, 3-11-2002; Ord. No. 03-02, § 3, 5-27-2003; Ord. No. 04-04, § 3, 2-9-2004; Ord. No. 04-10, § 9, 8-9-2004; Ord. No. 04-11, § 2, 9-27-2004; Ord. No. 07-02, § 1, 8-13-2007; Ord. No. 07-03, § 1, 8-27-2007; Ord. No. 08-1, § 1, 3-24-2008; Ord. No. 09-11, § 1, 8-10-2009; Ord. No. 09-13, §§ 2, 3, 10-26-2009; Ord. No. 14-02, § 1, 1-27-2014; Ord. No. 15-04, § 1, 2-9-2015; Ord. No. 15-10, § 1, 5-11-2015; Ord. No. 15-15, § 1, 7-27-2015; Ord. No. 15-16, § 1, 9-28-2015; Ord. No. 17-02, § 1, 2-27-2017; Ord. No. 18-08, § 1, 1-28-2019; Ord. No. 18-09, § 1, 2-25-2019; Ord. No. 18-13, § 1, 2-25-2019; Ord. No. 19-01, § 1, 4-22-2019; Ord. No. 21-05, § 1, 11-22-2021; Ord. No. 21-06, § 1, 11-22-2021; Ord. No. 22-02, § 1, 4-25-2022; Ord. No. 24-03, § 1, 5-28-2024; Ord. No. 24-04, § 1, 5-28-2024; Ord. No. 24-15, § 1, 12-9-2024)