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. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 6.20.

Accessory dwelling unit (ADU) means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, which is attached or detached from a single-family dwelling.

Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or building on the same lot and customarily incidental to the principal use or building.

Agriculture means the utilization of land by raising plants, trees or shrubs or the raising of farm animals for the purpose of selling to secure a profit.

Airport and heliport mean any land, water or structure which is used or intended for use for the landing or takeoff of aircraft, and any appurtenant land structure used or intended for use for port buildings or other port structures or right-of-way.

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

Amusement center means a business at one location devoted primarily to the operation of amusement machines as described below and open for public use and participation; or locations with four or more amusements machines and open for public use and participation.

Amusement machine means a mechanical amusement device of any of the following types:

(1)

A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey or similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term "amusement machine" does not include coin-operated music machines.

(2)

Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition.

Animal means any non-human, living creature, including: domestic animals, dangerous animals, and farm animals.

Animals, domestic mean animals customarily considered as household pets that live in tame condition, are not used for agricultural purposes, and are typically kept within the primary residence.

Animal unit means one cow or steer; one horse; one donkey; one alpaca; or one llama; two pigs; three sheep or goats; 10 rabbits; or 25 fowl. For animals not addressed in this calculation, an animal unit equivalent may be assigned by the community development director.

Antenna means any of the following uses, which require an antenna and are subject to the regulations of this chapter:

(1)

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

(2)

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

(3)

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

(4)

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

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

Antenna tower means a self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas.

Apiary means a collection of hives or colonies of honeybees kept for their honey.

Auto reduction yard means a lot or yard where two or more licensed motor vehicles or their remains are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment.

Automobile repair, major, means general repair, rebuilding of trailers, including body work, framework and major painting service.

Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine, transmission or differential; incidental body and fender work; and minor painting and upholstering service when such service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating.

Barber shops and beauty shops means a commercial establishment offering cosmetology services which may include hair cutting, coloring, or styling, make-up application or consultation, manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning, waxing, tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non-surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided in conjunction with such therapeutic massage and body and/or facial treatments.

Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.

Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building.

Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation).

(1)

Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable).

(2)

The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint.

Building height means the vertical distance between the highest existing ground level or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height.

Bulk station means distributors' warehouses for materials which are stored in tanks above ground in aggregate capacity on the site of 6,000 gallons or more.

Camp means a parcel of land with permanent buildings, tents or other structures together with appurtenances thereon, established or maintained as living quarters where both food and lodging or facilities therefore are provided for ten or more people, operated continuously for a period of five days or more each year for educational, recreational, or vacation purposes, and the use of the camp or participation in its programs are provided to adults and/or children free of charge or for payment of a fee. The term "camp" does not include cabin and trailers camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required by state law or structures used as a dwelling.

Cannabis producer means a cannabis business licensed or endorsed under Minn. Stats. ch. 342 to cultivate cannabis plants or flowers; manufacture, process, or extract cannabis and cannabis parts; sell cannabis or cannabis products to other cannabis businesses; or transport or deliver cannabis and cannabis products from one cannabis business to another or to consumers.

Cannabis retail business means a cannabis business licensed or endorsed under Minn. Stats. ch. 342 to sell cannabis products to consumers, including for on-site consumption, and not for the purpose of resale. The term "cannabis retail business" includes businesses licensed as cannabis retailers, cannabis microbusinesses with a retail endorsement, and cannabis mezzobusinesses with a retail endorsement.

Carport means an automobile shelter having one or more sides open.

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

Clean fill means all native soils as described in the Unified Soils Classification System. Organic, manmade and reprocessed materials, topsoil and rocks larger than 0.25 cubic yard (2.9 feet diameter) shall not be considered clean fill.

Clinic for human care on an outpatient basis only means a place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis.

Columbarium means a repository for the interment of cremated human remains within cinerary urns, including the burial of cremated human remains within cinerary urns or inurnment gardens for the burial or scattering of cremated human remains. Columbaria are accessory to places of worship, cemeteries or mausoleums.

Commercial kennel means any premises where three or more domestic animals over six months of age are owned, boarded, bred or offered for sale.

Commercial operations means operations where business is conducted by the sale or exchange of goods and/or services on the site for money or other valuable consideration.

Commercial recreation means indoor amusement centers, bowling alleys, billiard halls, miniature golf, roller and ice skating rinks, driving ranges, movie theaters, gyms, swimming pools, and sports and health facilities. No commercial recreation use shall take place outside of an enclosed building. An air-supported structure shall not be considered a building for purposes of this definition. The term "commercial recreation" does not include an adult use defined in section 6.12.6820(b), any use involving the discharge of a firearm, a Class II restaurant that provides live entertainment, or any permitted or conditional use in the B-2 district.

Cornice means any horizontal decorative molding that crowns a building or wall.

County dock means a dock owned and operated by the county for the sole purpose of facilitating lake to ground transportation of patrons in emergency or law enforcement situations.

Curb cut means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any.

Day care means a location licensed by the state department of human services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Dog boarding means indoor overnight boarding services for more than three dogs aged greater than six months.

Dog day care means indoor day care services for more than three dogs aged greater than six months.

Dog grooming means a premises where pet grooming services such as bathing, teeth cleaning, haircuts, and nail polishing and trimming are provided.

Domestic poultry means female chickens or hens, pigeons, and doves.

Driveway means a paved or otherwise delineated area on private property for the operation of automobiles and other vehicles.

Dry buildable means that portion of the lot not encumbered by the waters of a duly recorded lake or river, wetlands, bluffs, or slopes steeper than 30 percent.

Dwelling means a building or part of a building containing independent living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one family, intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms.

Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party or fire wall or walls.

Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.

Engineered grade means the elevation of the ground, or any paving or sidewalk built upon it, which has been established on the basis of an engineered grading and drainage plan for the property that has been reviewed and approved by the city for the property.

Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.

Existing ground level means the elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the natural grade of a vacant lot or the engineered grade established by an approved grading plan at the time of final platting or interim use permit.

Family means any number of individuals generally, but not necessarily, related by blood or marriage, living together at one location maintaining a common household as a single, nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or rooming house, hotel or motel.

Family dwelling, multiple, means any structure made up of two or more attached dwellings.

Farm animals means livestock, or animals kept for agricultural purposes (commercial or non-commercial). Farm animals include, but are not limited to: cattle, horses, mules, sheep, goats, llamas, swine, ponies, honeybees, geese, turkeys, guinea hens, chickens, pigeons, and doves. Cervids, mink, ostriches, emus, or rheas shall not be considered farm animals.

Garage condo means a building or part of a building consisting of individual units for indoor storage of motor vehicles, boats, trailers, or recreational vehicles and such items as are customarily used for the care or upkeep of such motor vehicles, boats, trailers, or recreational vehicles. Individual units are owned or leased and may be capable of customization, alteration, or expansion by the owners or tenants of the units. The term "garage condo" may include common spaces or office areas.

Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used for storing passenger vehicles, and trailers.

Hardcover means a 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. The term "hardcover" includes, but is not limited to, the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner.

Home occupation means any gainful occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the primary residential use of the property. Level 1 and level 2 home occupations shall be as defined in section 6.12.6810.

Hotel means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

In-kind, when used in the context of replacement of a nonconforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure.

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

Library, public, means a library operated by the county; or a nonprofit library intended for use by the general public.

Local street means a residential street maintained by the city and which is not defined as a state highway, county highway, collector, arterial, or a municipal state aid street.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way.

Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an easement back lot.

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 continuous street, the interior angle of which does not exceed 135 degrees.

Lot coverage means the total square footage of all building footprints and structures on a parcel.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for access to a back lot.

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

Lot line means the property line bounding a lot; except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public or private street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the building inspector.

Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. On a lakeshore lot, the rear lot line is the lot line that is opposite the natural ordinary high-water mark at the lakeshore.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the registrar of titles for the county prior to January 1, 1975, and after approval by the council if required.

Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter.

Lot width means the horizontal distance between side lot lines measured at the following locations:

(1)

For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line.

(2)

For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight line between the points of intersection of the side lot lines with the structure setback line.

Manufactured home or mobile home means any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep which is mounted on wheels, has provisions for wheels, or may be loaded on an ordinary flatbed truck, such as a house trailer, converted bus or truck, tent or small building.

Motor court, motor hotel, and motel mean a building or group of buildings other than a hotel used primarily as a temporary residence.

Motor freight terminal means a building or area in which freight brought by motor truck or railroad is transferred and/or stored for movement in intrastate shipment by motor truck.

Municipal buildings or facilities means only those structures owned and operated by the city.

Natural grade means the elevation of the ground surface in its natural state, prior to excavation or filling.

Nonconforming structure means any structure legally existing upon January 1, 1975, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.

Nonconforming use means use of land, buildings or structures legally existing on January 1, 1975, which does not comply with all the regulations of this chapter or any amendments to it governing the zoning district in which such use is located.

Noxious matter or materials means material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.

Nursery, day, means a use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day.

Office means a commercial land use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional administrative training, but shall not include direct retail commercial transaction activities.

Office—Showroom means a commercial land use that is comprised of offices and other indoor floor area in which large or bulk goods are both on display and being warehoused in the same space. Examples of such uses commonly include furniture, building materials, or other similar uses. Characteristics of such uses include a lack of other on-site warehousing. Office—Showroom shall not include direct, on-site retail transactions to the end consumer.

Office—Warehouse means a commercial land use that is comprised of offices and other indoor space in which materials and equipment are being stored for shipping to other locations for eventual resale or use. Office—Warehouse does not include on-site retail transactions or display.

OHWL means ordinary high-water level.

Outdoor storage means the keeping of materials or equipment on a parcel of land for the purpose of transporting, using or employing such materials or equipment at a future date at another location, either on- or off-site. The keeping of motorized vehicles for more than 24 hours, or other equipment that is not capable of self-powered movement (such as trailers), shall be included in the term "outdoor storage."

Parking means the keeping of passenger automobiles and light trucks for a temporary period (usually less than 24 hours) in a space designated and improved for such use according to the requirements of the zoning ordinance. Parking does not include storage.

Pasture means open, non-treed land containing vegetation which can support grazing by horses, cattle or other farm animals. Calculations of minimum pasture acreage for the keeping of farm animals shall not include any land defined as a wetland or wetland buffer under section 6.12.8110.

Performance standards means criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

Permeable lining (landscaping fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground.

Pervious paver means concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base, consistent of an open-graded aggregate, and into the soils below.

Pervious surface means naturally occurring ground cover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface.

Place of worship means a building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship. The term "place of worship" does not include community education or art centers, schools, instructional centers, day care facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities.

Planning commission means the city planning commission.

Public service structures means underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories, but not including buildings or major structures located above ground level. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures.

Residential treatment facility means a location licensed for residential treatment as defined in Minn. Stats. § 245.462, subd. 23, or a facility licensed to provide residential substance use disorder treatment under Minn. Stats. ch. 245G.

Restaurants (Class I) means a restaurant in which food is served to the customer and consumed by him while seated at a counter or table, and the restaurant does not serve intoxicating liquor or provide live entertainment. Food is selected by a customer while going through a serving line and taken to a table for consumption.

Restaurants (Class II) means fast food convenience, drive-in and liquor service restaurants; a restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment.

Retaining wall means a structure designed to hold back and prevent lateral movement of earth. Two or more abutting boulders, 24 inches in diameter or greater, placed to hold back the earth are considered to be a retaining wall. Landscape edging, less than six inches tall, is not considered a retaining wall.

Riding academy means a building, structure or other facility which is used for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other valuable consideration.

Shelter, fallout or blast, means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies.

Sign means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when displayed or placed outside in view of the general public, and shall include every detached sign.

Sign, advertising (billboard), means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

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

Sign, business, temporary, means a sign permitted for a limited period of time used to advertise or promote the interests of a single- or multi-use commercial or industrial use. A temporary sign may be attached to a principal structure or detached. Such signage shall include mobile/message board signs, banners and balloons that meet all applicable federal and state standards.

Sign, flashing, means an illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times in which such sign is in use.

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

Sign, illuminated, means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

Sign, nameplate, means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses and business of occupants.

Sports and health facility means a facility where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise or training. A sports and health facility may include aerobics, weight training, muscular exercise programs, yoga, Pilates, court games, jogging, or other similar activities. It may provide as an accessory use personal services to patrons, including, but not limited to, therapeutic massage, tanning, saunas, and whirlpools.

Stable or barn, private, means a building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes.

Stable or barn, public, means a building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided.

Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit.

Stockpiling means on-site storage of ten cubic yards or more of soil and/or aggregate in a concentrated state where the material is intended to be distributed throughout the site or exported from the site.

Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property.

Street or road, private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width.

Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water.

Study and research center means one or more structures, together with the land used in connection therewith, whether contiguous or standing separately, including any building used as a temporary or permanent residence, or a park, nature or playground area, owned or operated by one or more nonprofit charitable, scientific or educational organizations, and used primarily as a center for study, learning, research or educational oriented conferences.

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

Use, conditional, means those occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district which, for their respective conduct, exercise or performance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and, therefore, may be permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent.

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

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

Use, secondary, means a use of land or of a building or a portion which is subordinate to and does not constitute the primary use of the land or building.

Wholesale greenhouse means an area, building or structure used for the storage, cultivation or transplantation of live trees, shrubs or plants that are not offered for retail sales on the premises.

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

Yard, front, 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 and the required front yard setback line, which front yard shall be provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building.

Yard, lakeshore, means a yard lying between the natural ordinary high-water mark of a public water and a line parallel to it at the shore setback.

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. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line.

Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts.

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

Yard, side street, means a side yard abutting a side street.

(Code 1984, § 10.02; Code 2003, § 78-1; Ord. No. 94(2nd series), § 1, 5-13-1991; Ord. No. 97(2nd series), § 1, 8-26-1991; Ord. No. 101(2nd series), § 2, 2-24-1992; Ord. No. 122(2nd series), § 1, 12-13-1993; Ord. No. 161(2nd series), § 1, 6-7-1997; Ord. No. 221(2nd series), § 2, 9-23-2002; Ord. No. 18(3rd series), §§ 1, 2, 9-27-2004; Ord. No. 28(3rd series), § 2, 8-22-2005; Ord. No. 32(3rd series), § 1, 3-27-2006; Ord. No. 37(3rd series), §§ 1, 2, 2-12-2007; Ord. No. 47(3rd series), § 1, 7-28-2008; Ord. No. 52(3rd series), § 1, 11-24-2008; Ord. No. 68(3rd series), § 3, 2-8-2010; Ord. No. 75(3rd series), § 2, 7-12-2010; Ord. No. 79(3rd series), § 1, 11-8-2010; Ord. No. 82(3rd series), § 1, 12-13-2010; Ord. No. 90(3rd series), § 1, 12-12-2011; Ord. No. 94(3rd series), § 1, 9-24-2012; Ord. No. 100(3rd series), § 9, 2-25-2013; Ord. No. 106(3rd series), § 26, 6-10-2013; Ord. No. 139(3rd series), § 2, 2-23-2015; Ord. No. 150(3rd series), § 1, 6-8-2015; Ord. No. 156(3rd series), § 1, 8-10-2015; Ord. No. 160(3rd series), § 1, 11-9-2015; Ord. No. 167(3rd series), § 1, 4-11-2016; Ord. No. 170(3rd series), § 1, 6-13-2016; Ord. No. 173(3rd series), § 1, 6-27-2016; Ord. No. 206(3rd series), § 1, 5-14-2018; Ord. No. 222(3rd series), § 1, 12-10-2018; Ord. No. 243(3rd series), § 1, 4-13-2020; Ord. No. 254(3rd series), § 1, 2-8-2021; Ord. No. 257(3rd series), § 1, 5-10-2021; Ord. No. 264(3rd series), § 1, 11-22-2021; Ord. No. 279(3rd series), § 1, 11-14-2022; Ord. No. 284(3rd series), § 1, 11-13-2023; Ord. No. 303(3rd series), § 1, 4-8-2024; Ord. No. 306(3rd series), § 1, 11-12-2024; Ord. No. 310(3rd series), § 1, 12-9-2024; Ord. No. 315, § 1, 7-14-2025)

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

(Code 1984, § 10.01(3)(B); Code 2003, § 78-2)

A person violates this chapter or requirement or condition of a variance or conditional use permit when he performs an act prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful, and upon conviction shall be punished as for a misdemeanor.

(Code 1984, § 10.99; Code 2003, § 78-3)

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter, the zoning administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the city to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violations and to prevent any illegal act, conduct, business or use in or about the premises.

(Code 1984, § 10.13; Code 2003, § 78-4)

(a)

Guiding principles.

(1)

The city is growing in population from a rural agricultural community to a rural residential community. Use of land for residential purposes is considered primary with other uses viewed as supporting this use. While present commercial or industrial activity, where consistent with residential use and other guiding principles, will be protected by ordinance or conditional use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding principles. The continued use of land for farming and similar purposes will be protected by ordinance or conditional use permit where sufficient acreage allows such use to continue without conflict with expanding residential use.

(2)

The maintenance of open space and the avoidance of overcrowding of land is a basic guiding principle in this plan. In addition to avoiding the ill effects of excessive, intensive land development, it is the policy to also avoid the threat to public health which occurs with excessive crowding of private sewage disposal systems on substandard building sites.

(3)

The city has recognized that many of the open space policies which have previously provided the basic direction of the land use policies have proven to be inadequate. It is now clear that on-site disposal systems must not be allowed on any site of less than two acres. It is now clear that the physical characteristics of the city make the extension of public services such as sewer extremely expensive and almost impossible in some areas. The city and other governmental agencies have learned that the premature development of open areas can be costly and disastrous to the environment.

(4)

Of paramount importance to the citizens of the city and to the citizens of the metropolitan area is the preservation of Lake Minnetonka and the wetlands that provide the only practical system of filtration and purification of the stormwater so vital to the preservation of Lake Minnetonka and the groundwater supplies in the area. The disastrous effects of intense residential and commercial development within the city, and especially in those areas adjacent to Lake Minnetonka and the wetlands, are painfully evident. The adoption of additional regulations, rezoning of certain areas and the creation of larger lot sizes in unsewered areas is mandatory in order to protect the safety, health and welfare of the citizens of the city.

(5)

The guiding principles of maintaining open spaces, avoiding the ill effects of overcrowding, avoiding premature development, avoiding the future pollution problems which are inherent in any plan to intensely develop land adjacent to wetlands and Lake Minnetonka, and the need to change some allowed uses in order to preserve the quality of the groundwater supplies in the area were recognized in the comprehensive municipal plan.

(b)

Intent and purpose. This chapter is adopted for the purposes of:

(1)

Protecting the public health, safety, morals, comfort, convenience and general welfare;

(2)

Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land;

(3)

Promoting orderly development of the residential, business, industrial, recreation and public areas;

(4)

Providing adequate light, air and convenience of access to property;

(5)

Limiting congestion in the public right-of-way;

(6)

Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them;

(7)

Providing for the compatibility of different land uses and the most appropriate use of land throughout the city, preventing the destruction of the natural environmental assets located within the city, protecting the quality of stormwater runoff, Lake Minnetonka, Long Lake, the wetlands and marshes within the city;

(8)

Providing for a more orderly transition from a rural agricultural to rural residential environment;

(9)

Providing for the administration of this chapter;

(10)

Defining the powers and duties of the administrative, officers and bodies; and

(11)

Prescribing penalties for the violation of the provisions of this chapter.

(Code 1984, § 10.01(1), (2); Code 2003, § 78-5; Ord. No. 299(3rd series), § 1, 3-11-2024)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(Code 1984, § 10.03(1); Code 2003, § 78-6)

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, Code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(Code 1984, § 10.03(2); Code 2003, § 78-7)

It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with this chapter.

(Code 1984, § 10.03(4); Code 2003, § 78-8)

Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stats. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve.

(Code 1984, § 10.12; Code 2003, § 78-9)

State Law reference— Vacating utility easements or boulevard reserves, Minn. Stats. § 462.358, subd. 7.