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

Abandonment means to cease or discontinue a use or activity of a property for a period of 12 consecutive months or more unless otherwise specified.

Abut means to border upon a parcel of land and thereby share all or part of a common property line with another parcel of land.

Accessory building or accessory structure. See Building, accessory.

Accessory use. See Use, accessory.

Adult use includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sports clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses, or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction, or description of specified anatomical areas or specified sexual activities, which are capable of being seen by members of the public. Activities classified as obscene as defined by M.S.A. § 617.241 or its successor statutes are not lawful and are not included in the definition of adult uses.

Agriculture means the growing and marketing of fruits, vegetables, grains, trees, shrubs, flowers, or other plants, for commercial or private purposes, but not including the growing or raising of animals except as otherwise provided for by this Code.

Agritourism means a commercial or nonprofit use on a working farm, plant nursery, or residential property in which the public or invited groups participate in educational activities such as classes or workshops, direct farm to consumer sales, and farm stays (a bed and breakfast use). All products sold must be grown or produced on the property. Events must be related to agriculture and incidental to the farm and residential use. No overnight camping is permitted with this use.

Alley means any dedicated public right-of-way providing a secondary means of access to abutting property.

Apartment means a room or group of rooms in a residential structure which includes bath and kitchen facilities and is intended or designed for use as an independent residence for a family or individual.

Automobile salvage yard means a commercial use carried on outside of an enclosed building involving the dismantling or storage of vehicles or equipment, and any other lot used for wrecking or storing of inoperable motor vehicles or their parts.

Basement means a story of a building having more than half its height below the average level of the adjoining finished grade. A basement shall be counted as a story for the purpose of height regulations, if occupied for business or residential purposes.

Bed and breakfast means an owner-occupied residential structure used as a lodging establishment where a guest room or rooms are rented on a nightly basis and in which only the breakfast meal is included as a part of the price of lodging.

Berm means a landscaped mound of earth.

Billboard means a large off-site sign mounted on one or more posts.

Block means a tract of land bounded by streets, or a combination of streets and public or private open space, cemeteries, railroad rights-of-way, shorelines, waterways, or city corporate limits.

Brew on premises store means a retail business that sells the ingredients and equipment to customers to brew beer, other malt liquor or wine at the store for personal or family consumption.

Buildable area means 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 means a structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site. When separated by dividing walls without openings, each portion of such a structure shall be deemed a separate building.

Building, accessory, means a subordinate building or structure on the same lot as a principal building, or part of the principal building, exclusively occupied by or devoted to a use incidental to the main use of the property.

Building height, unless otherwise specifically noted in this chapter, means the vertical distance measured from the average elevation of the finished grade adjacent to a building to:

(1)

The highest point on a building with a flat roof;

(2)

The deck line of a mansard type roof; or

(3)

The average height between the eaves and the peak of the highest gable of a pitched, hip, or gambrel roof.

For purposes of calculating building height, the finished grade shall be the highest point within five feet of the front of a building or, if the lowest grade within five feet of any side of the building is more than ten feet lower than the front, then the finished grade from which the height is measured shall be considered ten feet above the lowest grade.

Building, principal, means a building or structure occupied by or devoted to the principal or main use of the property.

Canopy or marquee means any roof-like structure extending out from the side of a building.

Cluster development means a development planned and constructed to group housing units into relatively tight patterns while providing a unified network of open space and wooded areas and meeting the overall density regulations of this chapter and the comprehensive plan.

Commercial vehicle means any self-propelled or towed motor vehicle used primarily in commerce to transport passengers or materials, often displaying company signage, company logos, commercial equipment, fixtures, or tools.

(1)

Class I: Commercial vehicles not exceeding the following:

a.

A gross vehicle weight rating (GVWR) of 14,000 pounds;

b.

A length of 20 feet.

(2)

Class II: Any semi-truck, tractor, trailer, and all other commercial vehicles not included as a Class I commercial vehicle.

Comprehensive plan means a compilation of policy statements, goals, standards and maps adopted by the city to guide the physical, social and economic development, both private and public, of the city and its environs. A comprehensive plan shall represent the recommendations of the planning commission and city council for the future development of the community.

Conditional use means a use having the meaning given under M.S.A. ch. 462 or its successor statute.

Condominium means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities and is subject to the provisions of state and local laws.

Contracting offices means a land use which primarily includes administration of a contracting business which performs all work off site with no storage of heavy equipment. This use may include showroom areas or areas with interior storage for equipment or materials commonly used in daily operations.

Corner lot. See Lot, corner.

Covered storage building means a temporary enclosure that is a moveable tent-like shelter that is typically constructed with wooden or metal framework and covered with a tarpaulin of plastic or canvas like material. These structures are most typically used for sheltering vehicles, RVs, or other materials stored outside residential neighborhoods.

Craft brewery means a facility with a capacity to manufacture 20,000 or fewer barrels of alcoholic and nonalcoholic malt liquor a year in compliance with M.S.A. § 340A.301 or its successor statutes. The term "craft brewery" excludes small breweries operated in conjunction with a bar or restaurant defined as an accessory use.

Craft distillery or microdistillery means a distillery producing premium, distilled spirits not exceeding 40,000 proof gallons in a calendar year as defined in M.S.A. §§ 340A.101 and 340A.201.

Craft winery means a facility that manufactures wine, as defined by M.S.A. § 340A.301, with a capacity of 620,000 or fewer gallons per year.

Density means a measure of the intensity of residential use on the land, expressed in terms of lot area per dwelling unit or dwelling units per acre. For such calculations, the land area shall be exclusive of water area and floodplain but may include protected wetlands and hydric soils.

Developer means a person or group having the meaning given under M.S.A. § 116G.03.

Development has the meaning given under M.S.A. § 116G.03.

Driveway means a private road or path which is wholly located on the lot which it services and which affords vehicle access to a public road.

Duplex. See Dwelling, two-family.

Dwelling means a structure designed and used exclusively for residential purposes for the occupancy of a family.

Dwelling, attached (group, row or townhouse), means a dwelling joined to one or more other dwellings by a party wall.

Dwelling, detached, means a dwelling entirely surrounded by open space, and not attached or connected structurally to any other dwelling.

Dwelling, multiple family, means a dwelling containing two or more dwelling units, whether a townhouse, apartment, condominium, or other type of dwelling.

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

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

Dwelling unit means, one or more rooms in a dwelling designed for occupancy by one family for living purposes and having separate permanently installed cooking and sanitary facilities.

Essential services mean 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 M.S.A. ch. 115.01, or electric power facilities, or transmission services.

Excavation means the removal, relocation, or recovery by any means of soil, rock, minerals, debris, or organic substances other than vegetation form a parcel of land.

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

Family means any number of individuals related by blood, legal adoption or marriage, or six or less unrelated individuals living together in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, licensed residential care facility, or hotel as described.

Fence means a partition, structure, wall or gate erected as a diving marker, visual or physical barrier, or enclosure.

Fill means sand, gravel, earth or other materials deposited on, moved onto, or placed on a parcel of land.

Filling means the placement of fill on a parcel of land.

Floodplain has the meaning given under Minnesota Rules, chapter 6120.

Floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls, or for a structure without walls (e.g., a carport), the total ground area covered by roof, not including area under a typical overhang dimension.

Floor area, livable, means the floor area of a dwelling excluding all areas occupied by basements, garages, porches, attics, stairways, storage, utility and heating rooms.

Floor area ratio (FAR) means the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned unit developments, by the net size area. The floor area ratio requirements shall determine the maximum floor area allowable for the building or buildings, including both principal and accessory buildings, in direct ratio to the gross area of the zoning lot.

Food catering means a service that prepares food for service under contract for an event such as a party, reception, luncheon, conference, ceremony, or trade show.

Footcandle means a standard unit of illumination intensity.

Frequency means the oscillations per second in a sound wave.

Frontage means that part of a lot fronting on one side of a street between the side lot lines or between a street right-of-way and a side lot line.

Garage, private, means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the dwelling unit to which it is accessory.

Garage, public, means any building, except a private garage, used for the storage or care of motor-driven vehicles, or a building where any such vehicles are equipped for operation, are repaired, or are kept for remuneration, hire, or sale.

Garage, truck, means a building used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding 1½ tons capacity.

Grade 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, street, means the established elevation of the street in front of the building measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this chapter.

Group home means a home that is licensed by the commissioner of health as a rooming or boardinghouse and receives 50 percent or more of its residents under a contract or other arrangement with the state or local government human services agency. Provides lodging for people who are mentally ill, physically disadvantaged or chemically dependent.

Halfway house means a home, operated and supervised by a governmental or nonprofit agency, for not more than nine persons who have demonstrated a tendency toward chemical abuse, mental illness, or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, eleven of whom live together as a single housekeeping unit. The term "halfway house" shall not include licensed facilities as defined by M.S.A. § 245A.11.

Handicapped or infirm institution means an institutional facility housing more than six persons who are physically or mentally handicapped or infirm, and providing primarily residential care rather than medical treatment.

Heavy equipment means self-propelled, self-powered or pull-type equipment and machinery, including engines, weighing five thousand (5,000) pounds or more, primarily employed for construction, industrial, maritime, mining, forestry, or other similar uses.

Home occupation means any gainful occupation or profession clearly secondary to the main use of the dwelling as a residence, which is conducted entirely within the dwelling, and which meets the requirements of this Code.

Horticulture means the use of land for the growing or production for income, of fruits, vegetables, flowers, nursery stock, and trees, including forestry, ornamental plants and trees, and cultured sod.

Impervious surface means a constructed hard surface that prevents or retards 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, including: rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, or gravel driveways; and other similar surfaces. Exception: decks allowing water to permeate through decking shall not be considered as an impervious surface when calculating lot coverage percentage.

Interim use has the meaning given under M.S.A. § 462.

Intermediate care home means a facility providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Intermediate care institution means an institutional facility providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Intermodal container, freight container or shipping container means a reusable transport and storage unit for moving products and raw materials between locations or countries. A typical container has doors fitted at one end and is constructed of corrugated weathering steel.

Junkyard means land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled on a commercial basis, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.

Kennel (commercial or hobby) means any structure or premises on which four or more domestic animals over six months of age are kept.

Live-work unit means a dwelling unit that is designed to accommodate work facilities for those living in the unit.

Loading space or loading area means that portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.

Lot means a parcel of land, separated from other parcels by description, intended for building development or for transfer of ownership.

Lot area means the total surface area of a lot within the lot lines, excluding public right-of-way or street easements.

Lot, corner, means a lot bordered by a public right-of-way containing a public street or planned for a public street on at least two adjacent sides. The zoning administrator can determine which frontage is considered the front yard on a corner lot.

Lot coverage means the area of a lot occupied by impervious material, including, but not limited to, buildings, paved surfaces, and driveways.

Lot depth means the mean horizontal distance between the center points of the front and rear lot lines for standard lots. for lots of non-standard shape, the zoning administrator shall determine the lot depth.

Lot, double frontage, means a lot having frontage on two streets which do not intersect at a corner of the lot.

Lot, interior, means a lot other than a corner lot.

Lot line, front, means the boundary of a lot abutting a street easement or right-of-way. On a corner lot, the shortest street lot line shall be considered the front lot line. The zoning administrator shall determine the front lot line where clarification is required.

Lot line, rear, means the lot line or lot lines most nearly parallel to and furthest from the front lot line.

Lot of record means any lot for which a deed, registered land survey, or other legal record was recorded in the office of the register of deeds or the register of titles for Washington County, Minnesota, prior to August 7, 1964, and which contains identical lot dimensions as were present on that date.

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

Manufactured single-family dwelling means a structure, not affixed to or part of real estate, transportable in one or more sections, which in a traveling mode is eight body feet or more in width, or 40 body feet, or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, except for accessory manufactured single-family dwellings and temporary manufactured single-family dwellings, as defined in this chapter. The term "manufactured single-family dwelling" shall not be construed to be a travel trailer or other form of recreational vehicle.

Micro- and regional brewery means a facility with a capacity to manufacture 1,000,000 or fewer barrels of alcoholic and nonalcoholic malt liquor a year. The term "micro- and regional brewery" excludes brew on premises stores as defined in this chapter, or small breweries operated in conjunction with a bar or restaurant defined as an accessory use.

Mobile home means a manufactured home that is less than 20 feet wide over at least 30 feet of its length in the erected mode, suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as stationary housing; and subject to tax or registration under state law, and having no foundation other than wheels, jacks or skirtings. Overhangs and other projections beyond the principal exterior walls shall not be included in determining the width measurement. The term "mobile home" shall not include a recreational vehicle.

Mobile home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use.

Modular manufactured or prefabricated home means a nonmobile housing unit that is entirely or mostly fabricated off site and transported to a building site where final installations are made, permanently affixing the module to the site. The term "modular manufactured or pre-fabricated home" shall be considered the same as a single-family dwelling under the standards in this Code, provided it meets the standards for floor area and other minimum standards.

Motel means a combination or group of two or more detached, semi-detached or connected permanent dwellings occupying a building site integrally owned and used as a unit to furnish overnight transient living accommodations of a fee.

Motorcycle means all two or three wheeled motorized vehicles. Typical vehicles in this category have saddle type seats and are steered by handlebars rather than steering wheels. This category includes motorcycles, motor scooters, mopeds, motor powered bicycles, and three wheel motorcycles.

Motor vehicle means any self-propelled vehicle not operated exclusively on railroad tracks, and any vehicle propelled or drawn by a self-propelled vehicle, including, but not limited to, cars, trucks, buses, motorcycles, campers, recreational vehicles, and trailers.

Motor vehicle, small, means any motor vehicle less than 20 feet in length and less than seven feet in height, and commonly used or intended as a passenger car.

Motor vehicle body work means repair or straightening of an automobile body, frame, or fender, including painting.

Motor vehicle repair means repairs, replacement of parts, and motor service to automobiles, not including body work or painting.

Motor vehicle sales—Single licensed dealer means the sale or trade of new or used motor vehicles, whether cars, trucks, buses, campers, motorcycles, or other motorized vehicles, including the display of new or used vehicles, or the possession of new or used vehicles for sale or trade at a business location that includes one dealer licensed by the State of Minnesota.

Motor vehicle sales—Multiple licensed dealer means the sale or trade of new or used motor vehicles or the possession of new or used vehicles for sale or trade at a business location that includes more than one dealer licensed by the State of Minnesota.

Multifamily conversion means the alteration of an existing building for use as a multiple-family dwelling, meeting all applicable building codes and standards in this chapter.

Municipal water and sewer systems means utility systems serving a group of buildings, lots, or an area of the city, with the design and construction of such utility systems as approved by the city engineer.

Municipal/public facilities means any buildings and property owned or operated by municipal, school district, county, state or other governmental unit.

Nameplate means a sign indicating the name or the address of a building, or the name of an occupant thereof or the practice of a permitted occupation.

Nonconforming lot means any lot lawfully existing prior to the date that new zoning provisions were adopted making the lot inconsistent with the provisions of this chapter.

Nonconforming sign means any legal sign existing prior to the date that new zoning provisions were adopted making the sign inconsistent with the provisions of this chapter.

Nonconforming structure means any legal structure or building existing prior to the date that new zoning provisions were adopted making the structure inconsistent with the provisions of this chapter.

Nonconforming use means any legal use existing upon the effective date of the ordinance from which this chapter is derived and which does not conform to the provisions of this chapter.

Nursing care home means a facility providing skilled nursing care and medical supervision at a lower level than that available in a hospital to no more than nine persons.

Nursing care institution means an institutional facility providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.

Off-road motor vehicle means motor vehicle designed or used for track racing, off-road racing, off-road use or demolition derby.

Ordinary high water level or ordinary high water mark means the boundary of "public waters" and "wetlands," as defined by M.S.A. § 103G, 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.

Outdoor furnaces means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space ordinarily occupied by humans.

Outside storage means the storage, including open storage, of goods, materials, equipment, manufactured products, vehicles, and similar items not fully enclosed by a building, for an indefinite period of time.

Overlay district means 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.

Parking space means an area of land exclusive of driveways and aisles, usable for the parking of a motor vehicle, and of a size, shape and location meeting the standards in this Code.

Passenger cars means all sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers and including those passenger cars pulling recreational or other light trailers.

Planned unit development means a method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a designated area as a single entity, often characterized by a unified site design, a mix of structure types and land uses, and a phasing of development over a number of years.

Plot means a tract of land, other than one unit of a recorded plat or subdivision occupied and used or intended to be occupied and used as a building site and improved or intended to be improved by the erection thereon of a building and accessory building and having a frontage upon a public street or highway and including such open spaces as required under this chapter.

Protected water means any water body of the state designated or otherwise defined as protected by the state or as the result of regulations adopted by the state. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purposes of these regulations.

Public access means an area owned or operated by a governmental entity for the launching and retrieval of watercraft from the public waters, or other recreational activities adjacent to public waters.

Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, school sites, and parkways.

Public utility means any person, firm, corporation, municipal department, or board fully authorized by the city to furnish and furnishing to the public, electricity, gas, steam, communication services, telegraph services, transportation, water, or other essential public service.

Public water means any water body as defined in M.S.A. § 103G.005 or its successor statutes.

Residential street means a portion of a local street on which a residential use abuts on one or both sides of the street.

Rest home, convalescent home or nursing home means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury.

Screen means a barrier accomplished by a variety of means, intended to prevent visibility through the barrier. If accomplished by landscape materials, the screen shall be at least 80 percent opaque.

Semi-public use means uses owned by private or private nonprofit organizations which are open to some but not all of the public such as: denominational cemeteries, private schools, clubs, lodges, recreation facilities and churches.

Setback or setback line means the mean horizontal distance between the property line or street right-of-way, or street easement and the line of the structure or the allowable building line as defined by the yard regulations of this Code.

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 required structure setback.

Shoreland means any land adjacent to public waters as defined by article VIII, division 2 of this chapter.

Short-term home rental means a dwelling unit that is rented to transient guests for a period of less than 30 days.

Sign means any structure, device or representation, with or without lettering, designed or intended to bring attention to the location, products or services or an individual, residence, business or institution.

Slope means the amount a land surface rises or falls from a horizontal plane. The term "slope" can be expressed as a fraction or percentage, arrived at by dividing the distance of the vertical rise or fall from the horizontal plane by the horizontal distance.

Small brewery or winery as an accessory use to a bar or restaurant or brewpub means a craft brewery or winery operated in conjunction with a bar or restaurant, provided the beer or wine is sold for consumption on the premises and not sold to other bars, restaurants or wholesalers; except that an establishment licensed under state statutes may sell "growlers" off-sale with an appropriate city license.

Specified anatomical areas consists of the following:

(1)

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

(2)

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

Sexual activities consists of the following:

(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, piquierism, sapphism, zooerasty;

(2)

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

(3)

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

(4)

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

(5)

Situations involving 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 or any such persons;

(6)

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

(7)

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

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no such floor above, the space between such floor and the ceiling next above it. A level containing independent apartment or living quarters shall be counted as a full story, whether or not that level is completely usable or finished.

Street, public means a thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

Structural alteration means any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by a wall without openings, each part shall be deemed a separate structure.

Structure, accessory. See Building, accessory.

Structure, principal. See Building, principal.

Subdivision means the division of a parcel of land into two or more lots or parcels, for the purpose of transfer of ownership or building development and having the meaning given under M.S.A. § 462.352 or its successor statutes.

Tent garages. See Covered storage building.

Townhouse means a single structure consisting of three or more dwelling units each having a private entrance on the first story at or near the ground level with no other dwelling unit connected to the other dwelling unit except by a party wall with no openings.

Transit station means a parcel or portion thereof that is used for loading and unloading of public transit riders including the platform, station facilities, public open space and park-and-ride lots. The term "transit station" is inclusive of all public transit modes.

Use means the purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory, means a use subordinate to the principal use on a lot and exclusively used for purposes incidental to those of the principal use.

Use, interim, means a temporary use of a property until a specified date, or until the occurrence of a particular event, as determined by the city council.

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

Use, principal, means the main use of land for an activity which is an allowable use of the zoning district in which the land is located.

Utility facility means any aboveground structure or facility, other than a principal building, owned by a governmental entity, a nonprofit organization, a corporation, or any other entity defined as a public utility for any purpose by state statute and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Streets are exempt from this definition, as are wires or pipes and supporting poles or structures within a public right-of-way for electric power, telephone, telegraph, cable television, gas, water, and sewer service.

Utility facility, community or regional, means any utility facility other than a neighborhood utility facility.

Utility facility, neighborhood, means a utility facility designed to serve the immediate neighborhood and that must be located in or near the neighborhood that the facilities serve.

Variance has the meaning given under M.S.A. § 394.22 or its successor statutes.

Vehicle, small, means any motor vehicle up to 20 feet in length and up to seven feet in height, commonly used as a passenger vehicle, not including trucks of any kind.

Wetland has the meaning given under M.S.A. § 103G.005 or its successor statutes.

Wholesale sales means on-premises sale of goods primarily to customers engaged in the business of reselling the goods.

Yard means an open space on the same lot with a building or structure, which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter.

Yard, front, means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot or right-of-way and the required front yard setback line.

Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot.

Yard, side, means a yard on the same lot with a building between the side yard setback line and the side lot line and extending from the front lot line to the rear yard.

Zoning administrator means the person authorized to administer and enforce this chapter.

Zoning districts means the areas of the city designated for specific uses with specific requirements for use or development.

Zoning map means the map or maps incorporated into this chapter as a part thereof designating the zoning districts.

(Code 1997, § 1300.01; Ord. No. 2020-03, 5-21-2020; Ord. No. 2021-03, 3-18-2021; Ord. No. 2022-02, § 2, 4-7-2022; Ord. No. 2022-03, § 1, 5-19-2022; Ord. No. 2022-04, § 1, 6-16-2022)

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

(1)

The term "lot" shall include the terms "plot," "piece" and "parcel."

(2)

The term "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(Code 1997, § 1300.02; Ord. No. 2021-03, 3-18-2021)

The purpose and intent of this chapter shall be to:

(1)

Promote the general public health, safety, morals, comfort and general welfare of the inhabitants of the city;

(2)

Promote the character and preserve and enhance the stability of properties and areas within the city;

(3)

Divide the city into zones or districts as to the use, location, construction, reconstruction, alteration and use of land and structures for residence, business and industrial purposes;

(4)

Provide adequate light, air, privacy and safety;

(5)

Prevent the overcrowding of land, undue concentration of population;

(6)

Promote the proper use of land and structures;

(7)

Fix reasonable standards to which buildings, structures and land shall conform for the benefit of floor space than stores selling smaller items, as determined by the zoning administrator;

(8)

Prohibit the use of buildings, structures and lands that are incompatible with the intended use or development of lands within the specified zones;

(9)

Promote the safe, rapid and efficient movement of people and goods;

(10)

Facilitate the provision of public services;

(11)

Limit congestion in the public streets and protect the public health and welfare by providing for the off-street parking of vehicles and vehicle loading areas;

(12)

Protect against fire, explosion, panic, noxious fumes, offensive noise, vibration, dust, odor, heat, glare, other pollution and hazards in the interest of the public health, comfort and general welfare;

(13)

Define and limit the powers and duties of the administrative officers and bodies provided for;

(14)

Implement the comprehensive plan.

(Code 1997, § 1300.03)

(a)

Scope. From and after the effective date of the ordinance from which this chapter is derived, the use of all land and every building or portion of a building erected, altered with respect to height, area, or use, added to or relocated, and every use within a building or use accessory thereto, in the city shall be in conformity with the provisions of this chapter.

(b)

Interpretation. The provisions of this chapter should be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, code provision, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other code provision ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other code provision, ordinance or regulation shall be controlling.

(c)

Private agreements. This chapter shall not abrogate any easement, covenant, or any other private agreement where such is legally enforceable, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(Code 1997, § 1300.04)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the city's zoning, subdivision, or other land use control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the previous zoning ordinance and the adoption of a new ordinance.

(Code 1997, § 1300.05)

No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations as after provided.

(Code 1997, § 1300.06)

Measurements for yard regulations shall be taken from the nearest point of the wall of a building to a lot line in question, subject to the following qualifications:

(1)

Cornices, canopies, or eaves may extend into the required minimum front yard a distance not exceeding three feet;

(2)

Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;

(3)

A landing place or uncovered porch may extend into the required front, side, or rear yards a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place in the front yard only, and not in the side or rear yards;

(4)

A wall or fence or hedge not to exceed the maximum height allowed in the underlying zoning district may occupy part of the required front, side, or rear yard;

(5)

On double frontage lots, the required front yard shall be provided on both streets;

(6)

On a corner lot, the lot line opposite the narrowest street frontage shall be considered the rear lot line for the purposes and standards in this Code, unless the zoning administrator determines that unusual conditions exist that warrant designating another lot line or lot lines as the rear;

(7)

The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view;

(8)

The required front yard of a corner lot shall provide an unobstructed view between the two intersecting streets within a triangular area from the intersection of the street easement or right-of-way lines back 30 feet along each side, from two feet off the ground to a height of ten feet, except for tree trunks less then 12 inches in diameter.

(9)

In determining the depth of a rear or side yard for any building where the rear or side yard opens into an alley, driveway easement or joint driveway, one-half the width of the alley, driveway easement or joint driveway, up to 15 feet, may be considered as a portion of the rear or side yard

(Code 1997, § 1300.07)

(a)

Twenty-five percent occupancy. When more than 25 percent of the frontage on one side of the street between intersections is occupied by structures having setbacks from street rights-of-way that are greater or lesser than required by this chapter, the average setback of all existing buildings between the intersections, or to a distance of 200 feet in either direction, whichever is closer, shall be maintained by all new or relocated structures.

(b)

Preexisting structures. In the event a building is to be built where there is such an established setback different from that required in this chapter and there are existing buildings on both sides of the new building, the front setback shall not be required to be greater than that which would be established by connecting a straight line between the forward most portions of the first adjacent building on each side.

(Code 1997, § 1300.08)

All areas within the corporate limits of the city which are under water and not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area. If the water area adjoins two or more zones, the boundaries of each zone shall be construed to extend into the water area in a straight line until they meet the other district at a half-way point.

(Code 1997, § 1300.09)

(a)

Slope. Where the average slope of a lot within proposed building lines is greater than one foot rise or fall in seven feet of horizontal distance, one additional story shall be permitted on the downhill side of any building.

(b)

Increases. Height limitations set forth elsewhere in this chapter may be increased by conditional use permit when applied to the following structures:

(1)

Church spires, belfries, or domes;

(2)

Water towers;

(3)

Flagpoles;

(4)

Agricultural structures in RE District;

(5)

Any other use in any zoning district, only with findings that the use can be adequately protected by the city's firefighting equipment, and that it will not have an adverse effect on surrounding property.

(Code 1997, § 1300.10)

There shall be no more than one principal structure or principal building per lot, except as otherwise provided for in this Code. The zoning administrator shall make the determination whether a structure is a principal structure as intended by the provisions of this chapter.

(Code 1997, § 1300.11)

The use of land for the removal of more than ten cubic yards of topsoil, sand or gravel, and other material from the land is not permitted in any zone except by permit established by the city.

(Code 1997, § 1300.13)

No person shall use or occupy any lands or premises within the city contrary to the terms of this chapter, or in any manner violate the terms thereof or the terms of any condition imposed under its authority, and any person so doing, upon conviction, shall be guilty of a misdemeanor.

(Code 1997, § 1300.15)

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

(Ord. No. 2016-6, § 2(1300.17), 8-18-2016)