This chapter is enacted for the following purposes:

1. To promote land development practices that will protect the public health, safety and general welfare of the community and its people.
   
2. To implement the principles of the city comprehensive plan thereby creating a connection between land use planning and zoning.
   
3. To encourage a more efficient use of land and public services.
   
4. To preserve the rural and natural character of the community by encouraging dense development within the urban services area and by providing alternative rural development options.
   
5. To work in conjunction with the city design guidelines ordinance to maintain and enhance the visual character of the city.
   
6. To create a community of neighborhoods both within and outside the urban services area.
   
7. To create commercial districts whose allowed uses complement each other and meet the needs of residents.
   
8. To create an employment district that minimizes negative environmental impacts and generates new employment opportunities for residents.
   

(Code 1996, § 17.02.020)

1. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirements shall prevail.
   
2. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.
   

(Code 1996, § 17.02.040)

1. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter.
   
2. Except as provided in this chapter, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.
   

(Code 1996, § 17.02.060)

The uses permitted in each zoning district are as set forth in the official uses chart as set forth in the official zoning use table. Click on Zoning District Use Table.

Vocational Training Facility as a Conditional Use (C) in the I-General Industrial and I-2 Heavy Industrial districts

Uses of Cannabis Business to appropriate Districts

Keeping of Domestic Fowl and Honeybees

(Code 1996, § 17.02.070)

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

1. The singular number includes the plural, and the plural the singular.
   
2. The present tense includes the past and the future tenses, and the future the present.
   
3. The word shall is mandatory while the word may is permissive.
   
4. The masculine gender includes the feminine and neuter.
   

(Code 1996, § 17.02.090)

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:

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Accessory Structure - Detached Garage & Pool House. Only permitted with apartment developments.

Accessory Structure means a structure, as defined in this ordinance, that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation.
Agriculture uses means those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season; and livestock raising and feeding, but not including fur farms, commercial animal feed lots and kennels.

Agronomy Services. Soil preparation and testing; farm management; crop services; fertilizer blending, bagging and sales; grain drying; seed cleaning feed grinding and mixing; feed delivery; and other similar services.

Alley means a public right-of-way which affords secondary access to abutting property.

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

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

Artificial obstruction means any obstruction which is not a natural obstruction.

Assisted living facility means a facility of one or more dwelling units where assistance is provided to the occupants in the form of meals, housekeeping, medical or other types of assistance.

Automotive, Dealership: Any place where automobiles are sold to the general public. Business activities accessory include: motor vehicle repair, service and vehicle rentals. Excludes sales, service, repair and rental of heavy trucks and recreational vehicles and equipment. Dealerships are only permitted adjacent to Interstate-35.

Automotive, Fuel & Convenience: Any place for dispensing, sale or offering sale of motor fuel directly to users of motor vehicles, including the sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing or making minor repairs to motor vehicles. May include accessory convenience use.

Automotive, Service Station: Any place for the general service and repair of motor vehicles including, but not limited to: quick lube oil change, tire sales and repair, general repair, bodywork, and car wash, and related retail, such as parts supply.

Automobile - Service Station. Quick lube, tire sales & repair, general repair, bodywork, car wash, etc.

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.

Banners and pennants means attention-getting devices which resemble flags and are of a paper, cloth or plastic-like consistency.

Base Flood means the flood having a one-percent chance of being equaled or exceeded in any given year. “Base flood” is synonymous with the term “regional flood” used in Minnesota Rules, part 6120.5000.

Base Flood Elevation (BFE) means the elevation of the base flood, regional flood, or one-percent annual chance flood. The term “base flood elevation” is used in the flood insurance study.

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

Bed and breakfast inn means an owner occupied single-family dwelling where lodging in up to five guest rooms and breakfast for those guests are provided to the traveling public by the resident owner for compensation.

Billboard means any advertising sign having an area of more than 200 square feet, see also "Off-premises advertising sign."

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 for 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 water body.
   
3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater.
   
4. The slope must drain toward the water body.
   
   

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

Bluff line means a line along the top of a slope connecting the points at which the slope becomes less than 13 percent. This applies to those slopes within the land use district which are beyond the setback provision from the normal high water mark.

Boarding (house) home, foster children means a family dwelling where children out of their own homes are cared for.

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

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

Brew Pub is a restaurant that conducts the retail sale of malt liquor brewed on the premise and licensed under Minnesota Statute section 340A.301, subdivision 6(d). Included within this use is the off-sale of malt liquor produced on site in refillable growlers pursuant to Minnesota Statutes section 340A.301, subdivision 7(b).

Brewery, Production: A facility that produces for sale beer, ale, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Production facility includes warehousing and distribution, but excludes taproom or retail storefront for direct retail sales to and/or consumption by consumers on the premises.

Brewery, Taproom: An area for on-sale consumption of malt liquor produced by the brewer on the premises of or adjacent to the brewery location owned by the brewer. A taproom may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off premises consumption, packaged subject to Minnesota Statutes §340A.301, subd. 7(b), or its successor.

Buildable Acre means 43,560 suqare feet of contiguous undisturbed land excluding surface waters, wetlands, flood plains, slopes greater than 18%, non-standard easements and where depth to mottled soil is at least 1 foot must be indentified on each lot. Each lot must include 10,000 suqare feet of percolation tested soils that are suitable for type 1 SSTS (standard septic system).

Buildable Area means Upland-Buildable Area: An area of land excluding slopes of greater than eighteen percent (18%), surface waters, wetlands or flood plains, drainage and or utility easements where the depth to mottled soils is at least one (1) foot.

Buildable land area-park dedication means that portion of property being subdivided that is not a wetland or in a floodplain, as such terms are defined in this section.

Build-up line means an alignment which dictates an average height to the cornice line or to the roof edge line on a street or space.

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 deckline of a mansard roof, to the uppermost point on other roof types.

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 setback means the minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.

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

Campground means an area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.

Cannabis Cultivation, Indoor - a cannabis business licensed by the OCM involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts indoors.

Cannabis Cultivation, Outdoor - a cannabis business licensed by the OCM involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts outdoors.

Cannabis Manufacturer - a cannabis business licensed by the OCM facility where raw, dried cannabis and cannabis parts are manufactured into other types of cannabis products, e.g. edibles or topicals.

Cannabis Retail - a cannabis business with a license from the OCM or endorsement authorizing the retail sale of cannabis and cannabis products directly to consumers.

Cannabis Transportation - a fleet-based cannabis business with a license from the OCM for transportation of cannabis products from one licensed business to another.

Cannabis Wholesale - a cannabis business with a license from the OCM to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail.

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

Car Wash, Self-Service: A building, structure or portion thereof containing an automatic washing facility with a single vehicle capacity, or a hand-operated facility with a maximum of four (4) washing stalls for washing automobiles. Car Wash, Tunnel and Full-Service: A building, structure or portion thereof containing an automatic tunnel or conveyor wash system with a multiple vehicle capacity that provides complete vehicle washing and drying and self-service detailing areas, or full-service automobile detailing center where vehicles are washed mechanically or by hand and attendants are available to dry the vehicle manually, clean the interior and perform other detailing services. May include automated or attendant pay stations.

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

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

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.

Clear cutting means the removal of an entire stand of vegetation.

Cleaning Services. Carpet, residential, emergency response, janitorial, etc.

Clinic - Health & Wellness. Chiropractic, physical therapy, mental health, addiction services, speciality care, etc.

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

Commercial agricultural means the use of land for the growing and/or production of field crops, livestock and livestock products.

Commercial uses means all permitted, accessory, and conditional uses allowed in the B-2, B-3 and CBD districts, except for multiple family units.

Commissioner means the commissioner of the department of natural resources.

Common ownership association means ownership by more than one individual in any form of ownership, of two or more contiguous lots. A common ownership association may include, but is not limited to, condominium associations, homeowners associations, and cooperative associations.

Conditional use: means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

1. Certain conditions as detailed in the zoning ordinance exist.
   
2. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
   
   

Condominium means a multiple dwelling 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, Minn. Stats. §§ 515.01—515.19.

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

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

Corner side yard means a side yard with a lot line that fronts along a public right-of-way and is not an interior lot line. 

Critical Facilities means buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.
Day Care Center: A facility, public or private, license by the State Department of Human Services, as defined by Minnesota Statute Ch. 245A, which for gain or otherwise regularly provides one or more person, 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, developmental achievement centers for children, day treatment programs, adult day care centers and day services, and day training and rehabilitation services for adults. Excludes programs where adults gather or congregate primarily for socialization, education, supervision, caregiver respite, religious expression, exercise and/or nutritious meals.

Daycare, In-Home Child Care: A family dwelling in which foster care, supervision and training for children of pre-school and/or school age is provided out of the home, during the day, for periods less than 24 hours a day with no overnight accommodations provided and children are delivered and removed daily. Person providing care must own and reside on the property.

Dealership, Automotive & Recreational Vehicles. Only adjacent to I-35 & Hwy 95. Includes sales, repair and service; excludes storage unless for sales or service.

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.

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

Deposition means any rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplains or wetlands.

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

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.

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

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

Drive-in establishment means an establishment which accommodates the patron's automobile and which products purchased from the establishment may be consumed.

Distillery, Production: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. Production facility includes warehousing and distribution, but excludes taproom or retail storefront for direct retail sales to and/or consumption by consumers on the premises. Distillery, Tasting Room: An area for the on-sale consumption of distilled spirits produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. A tasting room may also include sales for off-premises consumption of distilled spirits produced at the distillery location or adjacent to the tasting room and owned by the distiller for off premises consumption, packaged subject to Minnesota Statutes §340A.22, subd. 4, or its successor.

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

Dwelling, Apartment: A community, complex or building having a common owner and containing at least one rental dwelling unit exclusively for occupancy by three or more families living independently of each other but sharing hallways and main entrances and exits. Dwelling units may or may not be located direction above or below any other unit.

Dwelling, manufactured home, means a structure, transportable in one or more sections, which in the traveling mode is eight 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 dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minn. Stats., ch. 327. A travel trailer is not to be considered as a manufactured home.

Dwelling, modular home means a manufactured single-family dwelling unit, which is fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. The home shall be suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences designed for attachments to outside systems, all constructed in conformance with city building, fire and plumbing codes.

Dwelling, Duplex: A building designed as a single structure on a single lot, containing two separate living units, attached by common walls, and each of which is designed to be occupied as a separate residence for one family.

Dwelling, Multi-Family: A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other. Multi-family dwellings may be rental or owner-occupied, and may include the following structure types: triplexes, quads and apartments.

Dwelling, prefabricated Home: Any building or building module intended for use as a one- or two-family dwelling, which is of closed construction and which is constructed, on or off the building site, for installation, or assembly and installation, on the building site. Buildings excluded include relocatable contractors office or storage buildings that are 1,500 square feet or less in floor area, that are designed for temporary use by a contractor at a construction site, that are not to be used by the general public or as a sales office, and that will be removed prior to or upon completion of the construction project.

Dwelling, Quad: Four separate dwelling units, each owned individually by fee owner and located on individual lots but joined along individual lot lines and attached by common walls.

Dwelling, Single-Family: A detached dwelling unit designed for occupancy of one family.

Dwelling, Townhomes: Structures housing three or more dwelling units contiguous to each other, attached by common walls, and with no one unit or major portion thereof directly above or below any other unit.

Dwelling, Triplex: A building designed as a single structure on a single lot, containing three separate living units, attached by common walls, and each of which is designed to be occupied as a separate residence for one family.

Dwelling, Twin home: Two separate dwelling units, each owned individually by fee owner and located on individual lots but joined along a single lot line and attached by a common wall.

Dwelling Unit: A single residential accommodation which is arranged, designed, used or intended for use exclusively as living quarters for one family; must include complete, permanently installed, kitchen and bathroom facilities. Where a private garage is structurally attached, it shall be considered as a part of the building in which the dwelling unit is located.

Dwelling Unit, Shoreland: Any structure or portion of a structure, or other shelter designed as short of long term living quarters for one or more persons, including rental or time share accommodations such as motel, hotel, and resort room and cabins. Definition shall only apply when used in conjunction with the shoreland ordinance.

Entertainment Center, Indoor: An indoor commercial facility featuring a single-use or combination of uses for the purpose of providing family amusement activities, including, but not limited to: arcade gaming venues, bowling alleys, billiards, climbing walls and ropes courses, laser tag, indoor mini golf courses and playgrounds, trampoline parks and obstacle courses, movie theaters, etc.

Farm Fence means an open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes, section 344.02, Subd. 1(a-d).

Farm Winery: A winery operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. A farm winery may include a tasting room.

FEMA means Federal Emergency Management Agency.

Flood Insurance Rate Map (FIRM) means an official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS) means the study referenced in Section 66-999(b), which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards. Flood Prone Area means any land susceptible to being inundated by water from any source.

Restaurant. Casual, fast casual, QSR, etc. Table service and/or drive thru.

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

Encroachment lines means the lateral limits or lines drawn along each side and generally parallel to a stream or another body of water, which delineates the floodway and within which the flood carrying capacity of the stream or other body of water is to be preserved. Their location, if along a stream, should be such that the floodway between them will effectively carry and discharge a flood not less than a regional flood.

Entertainment Center, Indoor. Includes arcades, bowling alleys, billiards, climbing walls, indoor ropes/obstacles courses, movie theaters, etc.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Essential service building means a structure used to house equipment for communication, supply or disposal systems used by public utilities or governmental departments or commissions or as required for the protection of public health, safety or general welfare.

Essential services means underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply, or disposal system including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.

Establishment means any of the following definitions shall apply:

1. A distinct business entity situated in a single building;
   
2. A distinct business entity located in a structure attached to other similar structures by common walls and ceilings or floors, or attached by means of an enclosed arcade;
   
3. A distinct business entity contained within a single structure and not separated by walls or other physical barriers, but made distinct due to its existence as a single lease space and operation by separate entrepreneurs or by its singularity of purpose (such as clothing sales, furniture sales, and so on) carried on by a single or separate proprietors.
   
   

Family means any of the following definitions shall apply:

1. Any person or persons related by blood, marriage, or adoption together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit;
   
2. Group or foster care of not more than six wards or clients by an authorized person or persons, related by blood, marriage, or adoption together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency;
   
3. A group of not more than five persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit.
   
4. Domestic partners.
   
   

Farm means a tract of land which receives "green acres" tax credits from the state and is principally used for commercial agriculture, all of which is owned and operated by a single family, farm corporation, individual or corporation and which generates over one-half of the operator's income.

Farm dwelling means a single-family dwelling located on a farm which is used or intended for use by the farm's owner, a relative of the owner, or a person employed thereon.

Fence means a barrier forming a boundary to or enclosing some area.

Flood means a temporary rise in the flow or water surface elevation of a stream, wetland or lake that results in the inundation of normally dry areas.

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the one-percent annual chance floodplain located outside of the floodway. This district also includes any additional area encompassed by the horizontal extension of the RFPE, as described in Section 66-699(a)(3).

Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

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

Flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributed to encroachments on the floodplain.

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

Floor area, gross, means the sum of the gross horizontal areas of one or more floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, gross floor area shall include:

1. Basement space, if more than 50 percent of its story height is above the average level of the finished grade.
   
2. Elevator shafts and stairwells at each floor.
   
3. Floor space used for mechanical equipment where the structural headroom exceeds 7½ feet, except equipment open or enclosed, located on the roof, i.e., bulk needs, water tanks and cooling towers.
   
4. Attic floor space where the structural headroom exceeds 7½ feet.
   
5. Interior balconies or mezzanines where the structural headroom exceeds 7½ feet.
   
6. Enclosed four-season porches, but not terraces and breezeways.
   
7. Accessory uses, other than floor space devoted exclusively to accessory off-street parking or loading.
   
   

Floor area (livable) means the same as floor area defined in this section, except measured from the interior faces of the interior walls excluding all areas occupied by cellars, garage, porches, unoccupied attics, stairways, basements, storage, utility and heating rooms.

Forest land conversion means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Forestry means the management, including logging, of a forest, woodland, or plantation, and related research and educational activities, including the construction, alteration or maintenance or woodroads, skidroads, landing and fences.

Funeral Services. Funeral home including mortuary and cremation services.

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; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage one or two car capacity may be so rented.

Garage, public, means a building or portion of a building, except as defined in this article 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 which any sale of gasoline, oil and accessories is only incidental to the principal use.

Governmental sign means a sign which is erected by a governmental unit for the purpose of identification and directing or guiding traffic.

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

Grading means changing the natural or existing topography of land.

Group home means a state licensed residential facility providing care for six or fewer individuals.

Guest cottage means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

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 the same as that term as defined in Minn. Stats. § 462.357(6)(2).

12 Heavy Truck - Repair, Sales & Service. Only adjacent to I-35 & Hwy 95; excludes storage unless for sales or service.

Height of buildings, shoreland, means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. This definition shall only apply when used in conjunction with the shoreland ordinance.

Hemp Manufacturer - a facility with a license from the OCM where businesses convert hemp into LPHE edible products.

Home Occupation: Any gainful occupation or profession, conducted at a residential property, by the property owner and/or family member residing within the dwelling unit on the property, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, and as is regulated by §66-942.

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

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

Industry means an enterprise which involves the production, assembly, processing, or storage of materials, goods, or products.

Industrial uses means uses permitted within the I industrial district.

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

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

Light Duty Truck means any motor vehicle that has all three of the following:

(a) 8,500 pounds Gross Vehicle Weight Rating or less; (b) vehicle curb weight of 6,000 pounds or less; and (c) basic vehicle frontal area less than 45 square feet.

Limited recreational facilities means gymnastic, dance studio, paintball facilities, or similar uses as determined by the planning agency and approved by the city council.

Livestock means any non-domesticated animal by nature including but not limited to poultry, game birds, cattle, goats, pigs and other similar animals.

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

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

Lot (of record) means a parcel of land that is recorded as a tax parcel with the county, whether subdivided or otherwise legally described, as of the effective date of this article, 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 article and having its principal frontage on a street, or a proposed street approved by the city council.

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

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

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

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

Lot frontage means the front of a lot shall be, for purposes of complying with this article, 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 separated 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 line, interior, means a property boundary line of any lot held in single or separated ownership except any portion of said property boundary line which extends along a road right-of-way.

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

Lot width means the shortest horizontal distance between the side lot lines measured at right angles at the building line.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.

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."

Manufactured home park means an approved manufactured home park, which has underground utilities service to each site. Individual(s) rent the site and/or a manufactured home to person(s) living at that site.

Manufactured home development means an approved manufactured home development which has underground utility services to each site. Each manufactured home is permanently affixed to a foundation.

Manufacturing, heavy, means the manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.

Manufacturing, light, means all uses which include the compounding, processing, packaging, treatment or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibration or other objectionable influences that extend beyond the lot on which the use is located.

Marquee, canopy, means a permanent roofed structure attached to and supported by the building and projecting over public property.

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

Mining operation means the removal from the land of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products or other material for commercial, industrial or governmental purposes.

Mixed use development means the development of a tract of land with two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.

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

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

Multiuse development means the development of a building with two or more distinct uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment. 

Municipal Utilities means individually and collectively the water and wastewater service as provided by the City of North Branch.

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

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

New Construction means structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures.

Nonconforming structure or use means any structure or use which on the effective date of this article does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this article.

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

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

Off-street loading space means a space accessible from the street, alley or way, 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 space recreational use means recreational use particularly oriented to and utilizing the character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreational areas which may be active or passive.

Ordinary high water mark means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank.

Outdoor Storage - Display / Equipment & Materials. Outdoor storage area limited to 20% of the building or tenant space floor area, if multi-tenant building.

Outdoor Storage, Display: A class of storage outside of the principal building where merchandise is visible for the purpose of buying, selling and/or renting said merchandise. Outside display of merchandise may be temporary or permanent depending upon the use and conditions of a permit, if required.

Outdoor Seating: A permitted outdoor seating area for patrons of restaurants, cafes, supper clubs, coffee shops, and on-sale licensed establishments.

Outdoor Storage, Equipment & Materials: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Outdoor storage area is limited to 20% of the building or tenant space floor area, if a multi-tenant building.

Parapet means a low wall which is located perpendicular to (extension of front wall) a roof of a building.

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

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

Permit, administrative, means a temporary sign to advertise a special event or seasonal advertisement permitted for a limited period of time not to exceed 30 days. Signs for special events may be erected for a period of not more than 15 days prior or five days after the event.

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.

Person means an individual, firm, partnership, association, corporation or organization of any kind.

Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure type and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Planned unit development, commercial means uses that provide transient, short term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit development.

Planned unit development, residential means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit development. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.

Planning agency means the Planning Agency of North Branch.

Political campaign signs means signs or posters announcing the candidates seeking political office and/or political issues, and data pertinent thereto.

Principal Structure means the main building or other structure on a lot that is utilized for the property’s principal use.

Principal use or structure means all uses or structures that are not accessory uses or structures.

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

Public water means any waters as defined in Minn. Stats § 103G.005, subd. 14 and 18.

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

Receiving Parcel means an area of land owned by the same entity as the sending parcel that will be developed more intensively than what the zoning district allows using the sending parcel credits. No parcel shall be land-locked.

Recreational camping vehicle means any of the following:

1. Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified travel trailer by the manufacturer of the trailer;
   
2. Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation;
   
3. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle;
   
4. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation use.
   
   

Recreation Complex - Indoor (Public). Community & recreation centers, ice arenas, domed sports structures, aquatic facilities, etc.

Recreation Complex - Outdoor (Public). Includes athletic fields, sport courts, aquatic facilities, golf courses, etc.

Recreation Complex, Public: An indoor or outdoor recreation facility owned or operated by the City of North Branch, a non-profit organization, or other public use approved by the City or in partnership with the City in which athletic activities are permitted to be played by the general public. Indoor public complexes include, but are not limited to: community and recreation centers, ice arenas, domed sports structures, aquatic facilities, etc.

Recreation Complex, Commercial: An indoor recreation facility owned or operated by a private and/or commercial entity in which athletic activities are played for a fee. Indoor commercial complexes include, but are not limited to: recreation and amusement centers; sports and fitness clubs; tennis facility; ice arenas; domed sports structures; aquatic facilities; etc. May also include indoor entertainment centers.

Recreational home park means an approved recreational vehicle park which has underground utility service to each site and only permits recreational camping vehicles with restroom and washing facilities as specified by the state.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

Recyclable materials means materials that are separated from mixed municipal solid waste, by the generator, for the purpose of recycling, including paper, plastic, glass, metals, automobile oil, and batteries.

Recycling facility means a facility where recyclable materials are purchased from generators or collectors, processed for marketing, or loaded in vehicles for transport to market.

Regional flood: 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 the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood."

Regulatory flood protection elevation: 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 floodplain that result from designation of a floodway.

Regulatory Floodplain means the geographic limits of the flood hazard areas regulated through this ordinance, which includes the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the Regulatory Flood Protection Elevation (RFPE) (as illustrated in Section 66-999(a)(3) Figure 2). Repetitive Loss means flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
Restaurant means an establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.

Restaurant, fast food means an establishment where a majority of customers order and are served their food at a counter and take it to a table or counter where it is consumed. However, a significant number may take the food outside to eat in an automobile or off the premises.

Roof line means that line at which an exterior wall surface of a building structure departs from a vertical plane.

Rummage sale/garage sale means the infrequent temporary display and sale, by an occupant on his or her premises, of personal property, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure; the number of sales does not exceed four per year; the duration of the sale does not exceed three consecutive days; any related signage shall conform with the sign ordinance provisions; and the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of the city.

Special Eatery. Café, bistro, ghost kitchen, coffee house, ice cream parlour, etc. Table service and/or drive thru.

Self-Storage, Indoor/Climate Controlled Facility: A facility for the storage of personal property where individual renters control and access individual storage spaces located within a fully enclosed building that is climate controlled. All self-storage activities shall be contained within a single building and conducted exclusively indoors. Individual storage units may be accessed from inside the building only. Loading areas must be located to the interior, or rear of the building and in designated parking areas adjacent to the building. Outdoor storage and/or other commercial transactions are not permitted.

Self-Storage, Mini/Non-Climate Controlled Facility: A structure or structures containing storage spaces of varying sizes that are leased or rented individually. No commercial transactionsare permitted other than the rental of the storage units.

Sending Parcel means an area of land owned by the same entity as the receiving parcel that will be developed less intensively with the than what the zoning district allows if the property were to be on water and sewer. The property's density credit will be placed on the receiving parcel. No sending parcel can be the receiver of density. No parcel shall be land-locked.

Selective cutting means the removal of single scattered trees.

Semi-public 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.

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 ground water 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 structure and the normal high water mark or between a structure and a road or highway right-of-way or property lot line.

Sewage disposal system means any system for the collection, treatment and dispersion of sewage including but not limited to septic tanks, soil absorption systems and drain fields.

Shoreland, means land located within the following distances from public waters: (a.) 1,000 feet from the Ordinary High Water Mark of a lake, pond or flowage; and, (b.) 300 feet from a stream, creek, or water course; or the landward extent of a floodplain as designated by this chapter, whichever is greater.

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

Sign means any publicly displayed message-bearing device for visual communication or any attention attracting device that is used primarily for the purpose of bringing the subject thereof to the attention of the public including any banner, pennant, symbol, valance or similar display.

Sign, address means a sign communicating street address only, whether written or in numerical form.

Sign, advertising means a billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods and/or services which are not exclusively related to the premises on which the sign is located.

Sign area means that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures, or symbols attached directly to the part of a building, which is included in the smallest geometric figure which can be made to circumscribe the message, figure or symbol displayed thereon.

Sign, area identification means a freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three or more structures, a shopping center consisting of five or more separate business concerns, an industrial area, an office complex consisting of three or more structures of any combination of the above, located on contiguous property.

Sign, bench means a sign which is affixed to a bench such as at a bus stop.

Sign, business means any sign which identifies a business or group of businesses either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located.

Sign, campaign, means a temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election.

Sign, canopy and marquee means any message or identification which is affixed to projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. Such identification signage shall be considered a type of wall sign provided the canopy (or marquee) and the sign upon it meets the requirements of section 66-824(c)(1)c. In other cases, canopy signs shall be considered either roof signs or freestanding signs and are interchangeable with such signs.

Sign, construction means a nonilluminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, alteration, or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise, or the purpose for which the building is intended.

Sign, directional, means a sign, the primary function of which is to provide locational directions.

Sign, dynamic display means a sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. Such technologies or methods may include, but are not limited to, cathode-ray tube (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD) or other technologies used in commercially available televisions or in computer video monitors. This also included any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of image or displays. Signs with this technology that a government or public agency installs for directing or regulating pedestrian or motor vehicle movement are exempt from this definition.

Sign, flashing, means any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use.

Sign, freestanding, means a sign which is not affixed to any part of any building and which is rather supported by upright braces or poles placed in the ground.

Sign, gross surface area of, means the maximum projected area as viewed from any point, calculated as follows: a polygon with a single continuous perimeter whose sides are made up of straight lines (which in no case pass through or between any adjacent elements of the sign and whose interior angles are each less than 180 degrees). However, such perimeter shall not include any structural elements (forms, braces, posts, etc.) lying outside the limits of such sign surface and not forming an integral part of the display.

Sign, holiday signs means signs or displays which contain or depict a message pertaining to a national or state holiday, and no other matter.

Sign, identification, means a sign, the primary function of which is to identify an establishment located upon the premises where such sign is located, or to which such sign is affixed. Signs identifying industrial establishments may secondarily call attention to products, goods, or materials which are produced, processed, assembled, or stored upon the premises. Signs located in a residential district which identify a subdivision, apartment complex or similar identifications and set forth the address of the premises where the sign is located.

Sign, illuminated, means any sign upon which artificial light is directed or which has an interior light source.

Sign, individual property sale or rental means any on-premises sign announcing the name of the owner, manager, realtor or other persons directly involved in the sale or rental of the property or announcing the purpose for which it is being offered.

Sign, informational, means any sign which conveys information and which cannot be classified as a directional or identification sign.

Sign, informational/directional means any sign giving information to employees, visitors or delivery vehicles, but containing no advertising. May include name of business but must predominantly represent a directional or informational message.

Sign, institutional means a sign or bulletin board which identifies the name and other characteristics of a public, semipublic or private institution on the site where the sign is located, institutions shall include churches, hospitals, nursing homes, schools and other nonprofit and charitable organizations.

Sign, integral means names of buildings, date of construction commemorative tablets and the like which are of a permanent type of construction and which are an integral part of the building or the structure.

Sign, motion means any sign which revolves, rotates, has any moving parts, or gives the illusion of motion.

Sign, nameplate means a sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

Sign, noncommercial opinion or expression, means a sign which does not advertise products, goods, businesses, or services and which expresses an opinion, statement, or point of view.

Signs, off-premises advertising sign means a sign that directs attention to a business commodity, service, or entertainment not exclusively related to the premises on which the sign is located or to which it is affixed.

Sign, on-premises means a sign located on the premises or property of an individual, business or organization when the sale or lease of the premises or the identification, produces or services of the individual, business or organization are the subject of the sign.

Signs, political campaign means signs or posters announcing the candidates seeking political office and/or political issues, and data pertinent thereto.

Sign, portable, means a sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a semi-truck trailer or other device whose primary function during a specific time period is to serve as a sign.

Sign, projecting, means a sign which is affixed to the wall of a building and extends outward from the building wall.

Sign, public sign means signs of a public, noncommercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques, and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty.

Sign, real estate means a business sign placed upon a property advertising that particular property for sale, for rent, for lease, or sold.

Sign, real estate development means a business sign placed on the premises of a subdivision or other real estate development.

Sign, roof, means a sign erected or attached in whole or in part upon the roof of a building, or a nonfreestanding sign which projects above the roof line of a respective building.

Sign, structure, means the supports, uprights, bracing, and framework for a sign including the sign surface itself. In the case of a sign structure consisting of two or more sides, where the interior angle formed between any of the sides exceed 15 degrees each side shall be considered a separate sign structure.

Sign, temporary, means a sign which is erected or displayed for a limited period of time.

Sign, wall means a sign which is affixed to the exterior wall of a building. A wall sign does not project more than 18 inches from the surface to which it is attached, nor extend beyond top of parapet wall.

Sign, wall graphics means a sign which is painted directly on an exterior wall surface.

Sign, wall letters means a sign which is painted directly on an exterior wall surface.

Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the national register of historic places or is listed in the state register of historic site, or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stats. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the state historical society. All unplatted cemeteries are automatically considered to be significant historic sites.

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

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

Stage Increase means any increase in the water surface elevation during the one-percent annual chance flood caused by encroachments on the floodplain. Start of Construction includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
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 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 section. Where specific information is not available, steep slopes are land having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Story means that portion of a building included beneath the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unused underfloor space is more than six feet above grade as defined in this article 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, a corner lot has two frontages and a through lot has two frontages.

Street line means the common boundary line of a street right-of-way and abutting property.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 66-705(c)(1) of this chapter and other similar items.

Subdivision means land that is divided for the purpose of sale, rent, or lease including planned unit developments.

Substandard use means any use existing prior to the date of this article which is permitted within the applicable zoning district but does not meet the minimum lot area, frontage, setbacks or other dimensional standards of the article.

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 chapter, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.
   
   

Surface waters, general development (GD), means generally large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common. The larger examples in this class can accommodate additional development and use.

Surface waters, recreational development (RD), means generally medium sized lakes of varying depths and shapes with a variety of landform, soil, and ground water situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and yearround residences and recreation-oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.

Surface waters, natural environment (NE), means those waters whose shores are presently characterized by low density, single-family residential development.

Surface waters, agricultural river, are located in well-roaded, intensively cultivated areas of the western and southern regions of the state. Cultivated crops are the predominant land use, with some pasture and occasional feedlots, small municipalities and small forested areas. Residential development is not common, but some yearround residential use is occurring within commuting distances of major cities. Some intensive recreational use occurs on these river segments in particular areas, but overall recreational use of these waters and adjacent lands is low. Although potential exists for additional development and recreation water quality constraints and competing land uses, particularly agriculture, will inhibit expansion.

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

Surface waters, transitional river, are generally either located within the Minnesota and Mississippi River valleys, or within the middle reaches of several rivers in all regions except the north-central and northeast. Common land uses include forested beyond. Some seasonal and yearround residential development exists, particularly within commuting distance of major cities. The type and intensities of recreational uses within this class vary widely.

Surface waters, tributary river, consist of watercourses mapped in protected water inventory that have not been assigned one of the river classes above. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.

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

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

Urban Services Area means that area of the city in which public utilities are currently provided or in which public utilities are planned to be provided.

Upland means all lands at an elevation above the normal high water mark.

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 article.

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 recreation purpose. Roofs, driveways and parking areas shall not constitute useable open space.

Used auto parts means the processing, storage, and sale of secondhand or used automobile or other vehicle parts provided such use is established entirely within enclosed buildings.

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

Variance means the same as that defined in 44 CFR § 59.1 and Minnesota Statutes, Section 462.357, Subd. 6(2)

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

Vocational Training Facility. Vocational Training Facility. An educational institution or program, which may also be referred to as a trade school, career center, or technical school, that provides education designed to teach and provide students the practical skills and training needed for a specific trade or occupation. This use includes incidental activities needed for instruction such as exterior storage, earthwork, construction, laydown yard, etc.

Warehouse w/Retail. Retail use is only allowed if accessory to principal warehouse use.

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 structure and facilities include boathouses, gazebos, screen houses, fish 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 is surrounded by land.

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

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

Watershed management or flood control structure means a dam, flood wall, wingdam, dike, diversion, channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term watershed management or flood control structure does not include pilings, retaining walls, gabion baskets, rock riprap, or figures or other facilities intended primarily to prevent erosion and which must be authorized by permit from the commissioner of the state department of natural resources.

Wetlands means 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., 1956);
   
2. Mineral soils with grey horizons or organic soils belonging to the hostosol order (peat and muck);
   
3. Soil which is waterlogged or covered with water at least three months of the year. 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.
   
   

Wildlife means all nondomestic free-living animals.

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

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

Yard Waste Composting means the composting of garden waste leaves, lawn clippings, weeds, shrub and tree waste and pruning (not exceeding 4 inches in diameter) at a site not larger than 15 acres in size, and which meets all of the City licensing requirements, County licensing requirements, and Minnesota Pollution Control licensing requirements.

Zoning administrator means a person appointed by the city council to enforce this chapter.

Zoning map means the maps or map incorporated into this chapter as part thereof, and as amended, designating the zoning district.

(Code 1996, § 17.03.010; Ord. No. 113, § 1, 2-12-2007; Ord. No. 153-10, § 1, 8-9-2010; Ord. No. 177-12, § 2, 3-12-2012; Ord. No. 200-13, § 1, 6-24-2013; Ord. No. 203-13, § 1, 10-28-2013)

1. Fees for applications of this chapter shall be established by the city council.
   
2. Fees must be paid at the time of the filing of an application with the planning director.
   
3. Applications will not be referred to the planning commission for a hearing unless the appropriate fee has been paid.
   

(Code 1996, § 17.54.020)