For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:

Subd. 1.

The word "person" includes an owner or representative of the owner, firm, association, organization, partnership, trust, company or corporation as well as an individual.

Subd. 2.

The present tense includes the future tense.

Subd. 3.

The words "shall" and "must" are mandatory; the word "may" is permissive.

Subd. 4.

The singular includes the plural, and the plural the singular.

Subd. 5.

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

Subd. 6.

Unless specifically exempted, size or area limitations imposed by this Chapter on a specific use or activity refer to the maximum gross area devoted to such use or activity in any individual building or structure.

Subd. 7.

For terminology not defined in this Chapter, elsewhere in the City Code, or in the Minnesota State Building Code, the most recent online version of Merriam-Webster's Collegiate Dictionary shall be used to define such terms.

(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2002-32, 11/26/02; Ord. No. 2025-02, § 2, 3/25/2025)

Subd. 8.

If a conflict arises between the graphic illustrations presented in this Code and the text of this Code, the text shall prevail.

(Amended by Ord. No. 2001-06, 02/13/01; Ord. No. 2010-01, 02/23/10)

The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined:

Abutting: Making direct contact with or immediately bordering.

Accessory Building, Structure, or Use: A subordinate building, structure, or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary, appropriate and incidental to the conduct of the primary use of such building or main use. Accessory buildings or structures may be attached to or detached from the principal building, and typically include (but are not limited to) garages, sheds, storage or workshop areas, docks, gazebos, coops, and the like.

Active ground floor uses: means an active use that attracts pedestrian activity, provides direct access to the general public from the sidewalk or the public open space, and conceals uses designed for parking and other non-active uses if present. Ground floor active uses generally include, but are not limited to, retail, other commercial, office, restaurants, coffee shops, libraries, institution, educational and cultural facilities, residential, and entrance lobbies.

Addition: A physical enlargement of an existing structure.

Adjacent: in close proximity to or neighboring, not necessarily abutting.

Agriculture: Animal feedlots, which are of a size allowed by this Chapter, and the production for sale of agriculture products as defined in Minnesota Statute 273.13, Subd. 23, paragraph e, as may be amended.

Agricultural Building: A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, or sub-lessee or their immediate families, their employees, and persons engaged in the pick up or delivery of agricultural produce or products grown or raised on the premises. The term "agricultural building" shall not include dwellings.

Aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or manned flight in the air, including without limitation, airplanes, helicopters, and ultra-lights.

Airport/Heliport: Any premises which are used, or intended for use, for the landing and takeoff of aircraft, together with any appurtenant areas which are used or intended for use for buildings, structures or facilities incidental to aircraft services such as those for refueling, maintenance, or repair.

Alley: Any public space or thoroughfare less than sixteen (16) feet but not less than ten (10) feet in width which has been dedicated or deeded to the public for public use and designed to provide secondary property access.

Amusement Center: A business at one location devoted primarily to the operation of amusement machines as defined below and open for public use and participation; or locations with seven (7) or more amusements machines and open for public use and participation.

Amusement Machine: A mechanical amusement device of any of the following types:

(a)

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 and 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 permit a free play or game, or equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term does not include coin-operated music machines.

(b)

Amusement devices designed for an 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 Feedlots: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.

Animals:

(a)

Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals) that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it may include chickens, bees, and rabbits normally sheltered outside the home.

(b)

Farm Animals. Cattle, hogs, potbelly pigs, sheep, goats, chickens, bees, turkeys, ducks, geese, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota.

Animals, Wild: Any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Animals in this category include, but are not limited to, any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including members of the deer family such as antelope, elk, and moose), duck, elephant, ferret, fox, goose, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma (also known as cougar, mountain lion, or panther), raptor, rhinoceros, any snake that is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes.

Antenna, Personal Wireless Service: A device consisting of a metal, carbon fiber, or other electromagnetically conducive 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, internet services, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure, except that small wireless facilities and wireless support structures shall be excluded from the definition of Antenna, Personal Wireless Service.

Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

Antenna, Radio and Television, Broadcast Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof.

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

Antenna, Satellite Dish: 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 shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses and including the support structure thereof. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television receive only) and satellite microwave antennas.

Antenna, Short-Wave Radio Transmitting and Receiving: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof.

Antenna Support Structure: Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy, except that wireless support structures shall be excluded from the definition of Antenna Support Structure.

Applicant: The owner, their agent or person having legal control, ownership and/or interest in land which the provisions of this Chapter are being considered for or reviewed.

Automobile Detailing Shop: A service providing extensive exterior and interior hand-operated cleaning, shampooing, polishing, and waxing of automobiles, including engine cleaning, where the cleaning and detailing operation may take several hours.

(Amended by

Automobile Repair—Major: Any building or premises or portion thereof where the primary use involves engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; and overall painting of vehicles.

Automobile Repair—Minor: Any building or premises or portion thereof where the primary use involves incidental repairs, replacement of parts such as tires, brakes, transmissions, mufflers, exhaust systems, and batteries, as well as lubrication and motor service to automobiles. Services offered may include engine rebuilding and reconditioning accessory to the primary use, but shall not include any other operation specified under "automobile repair-major".

Automobile Wash (Car Wash): A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.

Awning: A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Bank or financial institution: Any federally- or state-chartered commercial institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution, such as a commercial bank, credit union, or similar business, but not including businesses that provide no opportunity for maintaining deposit accounts, such as payday loan businesses, check-cashing facilities, or similar uses.

Basement: Any floor level below the first story in a building, except that a floor level in a building having only one (1) floor shall be classified as a basement unless such floor level qualifies as a first story as defined herein. In the floodplain, a basement is 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.

Bay: Cantilevered area of a room.

Beauty Salon/Day Spa: 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. Physical body adornment, including but not limited to, piercing and tattooing.

Bed and Breakfast Establishment: A single family dwelling in which four (4) or fewer transient guest rooms are rented on a nightly basis for periods of less than one (1) week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only.

Bees, Related:

(a)

Apiary: The assembly of one or more colonies of bees at a single location.

(b)

Beehive: A receptacle inhabited by a colony that is manufactured for the purpose of housing bees, which is designed so that the beekeeper can collect the honey that they produce.

(c)

Beekeeper: A person who owns or has charge of one or more colonies of bees.

(d)

Colony: An aggregate of bees consisting principally of workers, but typically having one queen and at times drones, brood, combs and honey.

(e)

Flyaway Barrier: A barrier that directs bees' flight upward to prevent bees from flying at a height where they would intersect with a person or animal in a neighboring property. The barrier could be a solid wall, fence, dense vegetation, or any combination thereof that provides an obstruction through which honey bees cannot readily fly.

(f)

Water Supply: A natural pond/stream or artificial container holding sufficient water with landing sites for honey bees to forage without drowning.

Big Box Store: A retail establishment having a gross floor area of 55,000 square feet or greater that offers a variety of general merchandise or specialty products. Typical characteristics may include a free-standing rectangular-shaped building with high ceilings and standardized facades that have no windows or few windows. Big box stores are intended to draw customers on a community scale.

Buffer: The use of land, topography, difference in elevation, space, fences, or landscape planting to screen or partially screen a use or property from the vision of another use or property, and thus reduce undesirable influences such as: sight, noise, dust and other external effects.

Buildable Area: The space remaining on a lot after the minimum setback and open space requirements of this Chapter have been met.

Building: Any structure having a roof and built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Height, Principal Building: The vertical distance from "grade plane" to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Building Height, Detached Accessory Building: The vertical distance from the lowest point of grade for that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Building Line: A line parallel to the street right-of-way, street easements, or ordinary high water level at any story level of an existing building and representing the minimum distance which all or any part of the existing building is set back from said right-of-way, easement or ordinary high water level. In the case of street easements, the building line shall be the required front yard plus one-half (½) the easement width measured from the centerline.

Building Setback: The minimum horizontal distance between the building and the lot line.

Bus/Transit Station: A building or area which serves as a regular stopping place for buses and/or other forms of urban public transportation.

Cannabis Related:

Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this Section.

(a)

Cannabis Retail Buffer: No cannabis business making retail sales to customers may operate within 500 feet from any school, Residential Treatment Facility, or park amenity regularly used by minors. For the purposes of this section, the park amenity regularly used by minors shall include: city operated playfields and playgrounds, and the recreational area at French Regional Park.

(b)

Cannabis Retail Buffer Map: A map indicating the required Cannabis Retail Buffer.

(c)

Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. A place of public accommodation shall not include a private residence, including the individual's curtilage or yard; private property not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or the premises of an establishment or event licensed to permit on-site consumption.

(d)

State License, Cannabis: An approved license issued by the State of Minnesota's Office of Cannabis Management (OCM) to a cannabis retail business.

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

Carnival: A traveling enterprise offering amusements such as games of skill or chance, sideshow or rides such as merry-go-rounds, ferris wheels or similar attractions.

Cellar: A space with less than one-half (½) its floor to ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6.5) feet.

Cemetery: A parcel or tract of land used or intended to be used as the final resting place of the human dead. The definition includes burial grounds, columbaria, and mausoleums.

Cemetery, Pet: A site set apart for the burial of pets.

Chicken Related:

(a)

Coop: A structure for the keeping or housing of chickens.

(b)

Run: A fully enclosed and covered area attached to a coop where the chickens can roam unsupervised.

(c)

Chicken: A domesticated bird that serves as a meat or egg source.

(d)

Hen: A female chicken.

(e)

Rooster: A male chicken.

City Attorney: The person designated by the City Council to be the City Attorney for the City of Plymouth.

City Building Official: The person designated by the City Manager to be the City Building Official for the City of Plymouth.

City Council: The governing body for the City of Plymouth.

City Engineer: The person designated by the City Manager to be the City Engineer for the City of Plymouth.

City Forester: The person designated by the City Manager to be the City Forester for the City of Plymouth.

Clear Cutting: The removal of an entire stand of trees and/or vegetation.

Club, Private: A place of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group.

Club, Public: A place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is non-profit.

Club, Sports and Fitness: A club or activity where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness, including cheerleading schools, dance studios, gymnastics studios, and similar uses.

Coffee House: An informal restaurant primarily offering coffee, tea and other beverages, and where light refreshments and limited menu meals may also be sold.

Collocate or Collocation: to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit.

Commercial Trailer: for purposes of this Chapter, a commercial trailer is a trailer that transports property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee.

Commercial Recreation: See "Recreation, Commercial."

Commercial Vehicle: for purposes of this Chapter, a commercial vehicle is a self-propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee.

Common Open Space: Any privately owned open space including private parks, nature areas, playgrounds, and trails, including accessory recreational buildings and structures which are an integral part of a development.

Community Center: A building or room or group of rooms within a building designed specifically as a gathering place for the general public or for a specific segment of the general public and operated on a non-profit basis.

Comprehensive Plan: A compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, including air space and sub-surface areas necessary for mined underground space development as pursuant to Minnesota Statutes, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.

Conditional Use: Those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning district, which for the respective conduct or performance in such designated districts may require reasonable, but special, unusual or extraordinary limitations peculiar to the use for the protection, promotion and preservation of the general public welfare, health and safety, and the integrity of the City Comprehensive Plan and for which a conditional use permit is required.

Conditional Use Permit: A permit issued by the City Council in accordance with procedures specified in this Chapter, as a flexibility device to enable the City Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

Conference Center: A facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating, and recreation.

Contractor Operation: An area and/or building devoted to use by a person who contracts to supply certain materials or to do certain work in the field of building trades.

Cooperative (Housing): A multiple family dwelling owned and maintained by the residents and subject to the provisions of Minnesota Statutes 290.09 and 290.13. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupancy ownership.

Corporate Lodging: A building or buildings offering temporary lodging, in furnished and semi-furnished suites, with full-sized kitchens, and rented for periods of one week or more.

Correctional Facility (Adult): A facility which provides short-term incarcerative sanctions imposed by the court for commission of a misdemeanor, gross misdemeanor or felony and providing 24-hour a day lodging, food, care, and security.

Correctional Facility, Community: A community based facility, public or private, licensed by the Department of Corrections, including group foster homes, juvenile halfway houses, adult halfway houses, and shelter facilities having a residential component, the primary purpose of which is to serve persons placed therein by a court, court services department, parole authority, or other correctional agency having disposition power over persons convicted of a crime or adjudicated to be delinquent, by regularly providing 24-hour a day care including food and lodging.

Curb Level: The elevation of the established curb in front of a building measured at the center of such front. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this Chapter.

Currency Exchange: Any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. The term does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1.00 or one percent of the value of the check or draft, whichever is greater.

Day Care Facility, State Licensed: Any facility licensed by the State Department of Human Services or Department of Health, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (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, day time activity centers, day treatment programs and day services, nursery and preschools and Montessori schools, as defined by Minnesota State Statutes, Chapter 245A, as may be amended.

Deck: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

Delicatessen: A shop where ready to serve cold or warmed foods, such as cooked meats, smoked fish, salads, relishes, etc., which may be prepared in advance, are sold typically for consumption off the premises.

Density: The number of dwelling units divided by the acreage of a site, excluding areas of wetlands and required wetland buffer strips, areas below the 100-year flood elevation, areas below the ordinary high water level of lakes and streams, areas below the high water level of ponds, areas to be dedicated as public park land or public open space, areas of right-of-way for arterial roadways, and areas encumbered by conservation easement granted to the homeowner's association, city, or public land trust agency.

Department Store: A retail store carrying a general line of men's and women's apparel, such as suits, coats and dresses, and accessories; home furnishings, such as furniture, floor coverings, curtains, and draperies; and housewares, such as table and kitchen appliances, dishes and utensils. These stores are generally arranged in separate sections or departments.

Deposition: Any rock, soil, gravel, sand or other material deposited naturally or by man into a waterbody, watercourse, floodplains, or wetlands.

Display, Outside: A class of storage outside the principal building where merchandise is visible and may involve active sales as well as passive sales (where items can be taken inside for actual purchase). Outside display of merchandise may be temporary or permanent depending upon the conditions of the permit issued pursuant to this Chapter.

Distribution Center: A use greater than fifty thousand (50,000) square feet in area in which typically large volumes of commodities are received and organized for transport prior to final dispersal to the consumer. For the purpose of this definition a use shall be considered to be that area utilized for the distribution-related activities, not including office, laboratory or production space, of an individual occupant, owner or tenant of one or more structures or a portion thereof located on a single lot.

Dog Kennel, Commercial: Any premises requiring a kennel license as provided by Section 915 of the City Code.

Dog Kennel, Private: An outside area designed, intended, or used specifically for the keeping of dogs, including fenced dog runs and enclosures, dog houses, and the like.

Dog Park: A facility set aside for dogs (together with their owners) to exercise and play off-leash in a controlled environment. Such facilities may involve features including but not limited to ponding areas for swimming, water for drinking and rinsing, park benches, garbage cans, and tools and supplies for disposing of animal waste.

Draining: The removal of surface water or ground water from land.

Dredging: To enlarge or clean out a waterbody, watercourse, or wetland.

Drive Through Business: A business that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles, excluding gasoline service stations as defined in this subdivision.

Dwelling: A building or portion thereof, designated exclusively for residential occupancy, but not including hotels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers.

Dwelling unit, accessory: A self-contained unit that is subordinate and clearly incidental to a primary structure, intended for occupancy by one or more persons, that includes facilities for living, sleeping, cooking, and eating.

Dwelling, Apartment: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits.

Dwelling, Attached: A building where a dwelling unit is joined in a horizontal fashion to one or more dwelling units by party wall or walls.

Dwelling, Detached: A dwelling unit entirely surrounded by open space.

Dwelling, Elderly (Senior Citizen): Multiple family dwelling designed for and occupied primarily by persons over 55 years of age, and which may include on-site recreational, social or health care services for the benefit of the residents.

Dwelling, Multiple Family: Three (3) or more dwelling units grouped into one building.

Dwelling, Single Family: A building designed for and occupied exclusively by one (1) family.

Dwelling, Two Family: A building designed for occupancy by two (2) families in separate dwelling units.

Dwelling, townhouse: A single structure consisting of at least three attached dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a common hallway for entry.

Dwelling Unit: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating. The definition does not include hotels, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers, nor does it include licensed residential facilities (e.g., assisted living, memory care, skilled nursing) that do not provide cooking facilities within resident rooms.

Dwelling Unit, Accessory: A self-contained unit that is subordinate and clearly incidental to a primary structure, intended for occupancy by one or more persons, that includes facilities for living, sleeping, cooking, and eating.

Earth Berm (House Construction): An earth covering on the above grade portions of the building walls.

Earth Sheltered Building: A building so constructed that fifty (50) percent or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in non-residential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or sub-structure for above grade construction. A partially covered building shall not be considered earth sheltered.

Easement: A grant of one or more property rights by a property owner for use by the public, a corporation, or another person or entity.

Efficiency Apartment (Dwelling Unit): A one (1) room dwelling unit consisting of one (1) principal room having cooking facilities and used for combined living, dining and sleeping purposes.

Electric Vehicle (EV): Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose. "Electric vehicle" includes a battery electric vehicle and/or a plug-in hybrid electric vehicle.

Electric Vehicle, Charging Levels: The standardized indicators of electrical force or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications:

(a)

Level-1 charging is EVSE with electrical service and charging equipment operating on 120v outlets.

(b)

Level-2 charging is EVSE with electrical service and charging equipment operating on 208/240v outlets.

(c)

Level-3 or DC Fast Charging is electrical service and charging equipment operating at greater than 240 volts.

Electric Vehicle Charging Stations (EVCS): A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

(a)

Dedicated EVCS: An EVCS that is posted with signage indicating the space is only for electric vehicle charging purposes.

Electric Vehicle Supply Equipment (EVSE): EVSE provides electric power to the vehicle and uses that to recharge the vehicle's batteries. EVSE systems include electrical conductors, related equipment, software, and communications protocols that deliver energy efficiently and safely to the vehicle. EVSE does not include equipment located on the electric vehicles themselves.

Entertainment, Live: A show or presentation involving an actual in-person appearance or performance, rather than one which has been filmed or recorded.

Erosion: The wearing away of land surface by the action of natural elements.

Essential Services: The erection, construction, alteration or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, waste, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments, except that small wireless facilities and wireless support structures shall be excluded from the definition of Essential Services. Essential services shall not include waste facilities.

Essential Service Structures: Structures and buildings necessary for the operation of essential services, including but not limited to: telephone buildings, gas regulator stations, substations, electrical stations, water tanks, lift stations. Essential service structures shall not include transmission/reception antennas.

Expansion: Any physical enlargement of a building or structure including, but not limited to, adding new space upward, downward, or outward, as well as any reorganization of existing interior space that results in an intensification of use.

Extractive Use: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51.

Family: An individual or two (2) or more persons related by blood, marriage, adoption, or a functional family living together in a dwelling unit and sharing common cooking facilities.

Family, Functional: A group of no more than six (6) people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

Farm: An unplatted tract of land approximately ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of ten (10) acres, measured from the centerline of abutting roads, usually with a house and barn and other buildings, and on which crops and often livestock are raised as a major source of livelihood.

Farming: The process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and the keeping of common domestic farm animals.

Farmstead: A dwelling unit surrounded by or connected to a farming operation, all under single ownership.

Fence Related:

(a)

"Fence" shall mean a partition, wall, hedge, row(s) of continuous plantings, or gate erected as a dividing marker, visual or physical barrier, or enclosure.

(1)

"Man-made fence" shall mean a partition or wall constructed of wood, metal, masonry, brick, stone, concrete, and the like.

(2)

"Natural hedge or planting" shall mean a divider or barrier comprised of vegetation materials.

(b)

"Fence height" shall mean the distance from the adjoining grade to the highest projection of a fence structure including support posts.

Filling (Floodplain, Shoreland, Wetland Related): The act of depositing any rock, soil, gravel, sand or other material so as to fill a waterbody, watercourse, or wetland (see also landfill and land reclamation).

Flood Related:

(a)

Base Flood Elevation: The elevation of the "regional flood." the term "base flood elevation" is used in the flood insurance survey.

(b)

Critical Facilities: Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, day care facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

(c)

Development: Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(d)

Equal Degree of Encroachment: 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.

(e)

Flood: A temporary increase in the flow or stage of a stream or the stage of a wetland or lake that results in the inundation of normally dry areas.

(f)

Flood Frequency: The frequency for which a specific flood stage or discharge may be equaled or exceeded.

(g)

Flood Fringe: The portion of the Special Flood Hazard Area (1-percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study for Hennepin County, Minnesota.

(h)

Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administrator has delineated both the special 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).

(i)

Flood Prone Area: Any land within the 100-year floodplain susceptible to being inundated by water from any source (see Flood).

(j)

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

(k)

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

(l)

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

(m)

Lowest Floor: 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 provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of 44 Code of Federal Regulations, Part 60.3.

(n)

New Construction: Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

(o)

Obstruction: Any dam, well, 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 that may impede, retard, or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water.

(p)

100-Year Floodplain: Lands inundated by the regional flood.

(q)

Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. Typically, a reach is the segment of a stream or river between two consecutive bridge crossings.

(r)

Regional Flood: A flood that 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 one percent chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

(s)

Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Chapter are required to be elevated or floodproofed. The regulatory flood protection elevation shall be an elevation not less than two feet above the elevation of the regional flood.

(t)

Special Flood Hazard Area: A term used for flood insurance purposes that is synonymous with the 100-year floodplain.

(u)

Start of Construction: A term for the actual start of construction, repair, reconstruction, substantial improvement, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is 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.

(v)

Substantial Damage: 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.

(w)

Substantial Improvement: 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. This term does not include the following: 1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes identified by the Zoning Administrator and which are the minimum necessary to assure safe living conditions, and 2) any alteration of an historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure. For purposes of this Section, historic structure shall be defined in Code of Federal Regulations, Part 59.1.

Floor Area, Gross: The sum of the gross horizontal areas of the several floors of a building or portion thereof devoted to a particular use, as measured from the inside perimeter walls of the building or portion thereof devoted to a particular use, except that the gross floor area for detached accessory structures shall also include the area of roof overhangs that extend more than 24 inches beyond the exterior walls of the building. The definition includes accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the cellar area.

Floor Area Ratio (FAR): The gross floor area of all buildings on a lot divided by the lot area (as expressed in square feet).

Frontage: That boundary of a lot which abuts an existing or dedicated public street, watercourse or similar barrier.

Garbage: Animal and vegetable wastes and other wastes or putrescible matter including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar materials resulting from the handling, preparation, cooking, service and consumption of food, and other animal wastes.

Garden Center: A place of business where retail and wholesale products and produce are sold to the retail customer. These centers, which may include a nursery and/or greenhouses, import the majority of the items sold. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hose, rakes, shovels, and other garden and farm tools and utensils.

Gazebo: A freestanding accessory structure or pavilion. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features.

Governmental Building: A building that is operated by the U.S. federal government, State of Minnesota, Metropolitan Council, Hennepin County, or City of Plymouth for purposes of carrying out governmental duties. The definition does not include publicly or privately operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).

Grade (Adjoining Ground Elevation): The finished ground elevation adjoining a structure or building at exterior walls.

Grade Plane: A reference plane representing the average of the finished ground level adjoining a structure or building at exterior walls. Where the finished ground level slopes away from exterior walls, the reference plane shall be established by the lowest points between the structure or building and the lot line, or where the lot line is more than 6 feet from the structure or building, the reference plane shall be established by the lowest points between the structure or building and a point 6 feet away from the structure or building.

Grading: Changing the natural or existing topography of land.

Greenhouse: An enclosed building, permanent or portable, which is used for the growing of plants.

Grocery, Convenience Market: A retail establishment having a gross floor area of more than one hundred twenty (120) square feet and less than seven thousand five hundred (7,500) square feet which offers for sale pre-packaged food products, household items and other goods associated with the same. Convenience markets are intended to draw customers from surrounding neighborhoods and not the entire community.

Grocery, Supermarket: A retail establishment having a gross floor area containing at least 7,500 square feet but less than 55,000 square feet, the primary function of which is to offer food products for sale. Grocery supermarkets commonly also offer household items and other goods associated with the same. Grocery supermarkets may include subordinate uses such as pharmacies, delicatessens, and snack bars. Grocery supermarkets are intended to draw customers on a neighborhood or community scale.

Grocery, Superstore: A retail establishment having a gross floor area containing 55,000 square feet or greater, the primary function of which is to offer food products for sale. Grocery superstores commonly also offer household items and other goods associated with the same, and may offer bulk purchasing opportunities. Grocery superstores may include subordinate uses such as pharmacies, delicatessens, and snack bars. Grocery superstores are intended to draw customers on a community scale.

Guest Room: A room or rooms used, or intended to be used, by a guest for sleeping purposes.

Helistop: Any premises which are used, or intended for use, in an incidental capacity for the landing and take-off of helicopters engaged in transporting passengers and/or packages, and which does not include any appurtenant areas, building, structures, or facilities for helicopter services such as those for refueling, maintenance, or repair.

Home Occupation: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.

Home Occupation, Licensed: A home occupation which requires approval of a home occupation license pursuant to Section 21145 of this Chapter.

Home Occupation, Permitted: A home occupation which meets the requirements of a permitted home occupation pursuant to Section 21145 of this Chapter, and does not require approval of home occupation license.

Home Office: A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and which does not involve the on-site sale of products or client/patron site visitations.

Hospital: A licensed facility for the hospitalization or care of human beings within the meaning of Minnesota Statutes Chapter 144.50, as may be amended.

Hotel (Including Hotel/Suites): Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing three (3) or more guest rooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by three (3) or more individuals for compensation, whether the compensation be paid directly or indirectly.

Hotel, Extended Stay: A building or structure intended as, used as, maintained as, or advertised as a place where sleeping accommodations are furnished to the public as regular roomers, for periods of one week or more.

Impervious Surface: An artificial or natural surface that is highly resistant to infiltration by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced driveways, buildings, sidewalks, stoops, patios, tennis courts, parking lots, swimming pools, and other similar structures. Impervious surface shall include cantilevered areas located less than 6 feet above the adjoining grade, and any portion of cantilevered areas that project more than 30 inches out from the wall. Impervious surface shall exclude the area covered by free-standing retaining walls, and the area covered by man-made surfaces (e.g., certain paver systems, green roofs) that are constructed to allow absorption of a 2.5 inch rain event into the soils directly below within 24 hours. For pavers to qualify as pervious, the paver system shall be designed, installed and maintained pursuant to city specifications.

Industry, Heavy: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry, High Technology: A business where electronic, communication, precision scientific and technical equipment may be designed, fabricated, created, assembled and packaged.

Interim Use: A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulations.

Interim Use Permit: A permit issued by the City Council in accordance with procedures specified in this Chapter.

Land Reclamation: The process of the re-establishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

Landfill: A type of operation in which earth is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

Landscaping: Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

Lighting Related:

(a)

Absolute Photometry: Photometric measurements (typically used for an LED luminaire) that directly measures the light distribution and lumen output of the luminaire. Reference Standard IES LM-79.

(b)

Artificial Sky Glow: The brightening of the night sky attributable to man-made sources of light. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

(c)

Backlight: For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light.

(d)

BUG: An exterior luminaire classification system, as defined by IES TM-15-11, which classifies backlight (B), uplight (U) and glare (G).

(e)

Candela: The unit of luminous intensity of a lighting source emitted in a given direction.

(f)

Color-Rendering Index (CRI): A general expression for the effect of a light source on the color appearance of objects. Sources with higher CRI values than other sources at the same CCT provide truer color rendition.

(g)

Correlated Color Temperature (CCT): A general expression related to the whiteness of light on a scale from warm to cool. Expressed in units of Kelvin, sources with low CCTs exhibit warmer light and sources with high CCTs cool light.

(h)

Curfew: A time each night after which certain electric illumination must be turned off or reduced in intensity.

(i)

Footcandle: The English unit of illumination or measure expressing the density of light received on a surface (lumens/ft ² ). The metric unit is Lux (lumens/m ² ).

(j)

Forward Light: For an exterior luminaire, the lumens emitted in the quarter sphere below the horizontal and in the direction of the intended orientation of the luminaire.

(k)

Fully Shielded Luminaire: A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting point.

(l)

Glare: Light entering the eye directly from luminaires or indirectly from relative surfaces that causes visual discomfort or reduced visibility.

(m)

Hardscape: Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is ten feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.

(n)

Hardscape Area: The area measured in square feet of all hardscape. It is used to calculate the Total Site Lumen Limit. Refer to Hardscape definition.

(o)

Hardscape Lighting: Lighting provided to illuminate Hardscape Areas.

(p)

Ideally Oriented: A luminaire is considered "ideally oriented" if it is mounted such that the backlight portion of the light output is oriented perpendicular and toward the property line.

(q)

IES: The Illuminating Engineering Society.

(r)

Initial Luminaire Lumens: For luminaire with relative photometry per IES, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry per IES LM-79, it is the total initial luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output (light loss factor = 1).

(s)

Lamp or Light Source: A generic term for a source of optical radiation (i.e. "light"), often called a "bulb" or "tube". Examples include incandescent, fluorescent, high-intensity discharge (HID) and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

(t)

Landscape Lighting: Luminaires mounted in or at grade (not to exceed three feet overall above grade) and used solely to illuminate trees, shrubs, other plant material, ponds and landscape features, rather than area lighting; or fully shielded luminaires mounted in trees and used solely for landscape or façade lighting.

(u)

LED: Light-emitting diode.

(v)

Light Pollution: Any adverse effect of artificial light including, but not limited to, glare, light trespass, sky-glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

(w)

Light Trespass: Light that falls beyond the property it is intended to illuminate.

(x)

Lighting Zone: A type of area defined on the basis of ambient light levels, population density and/or other community considerations. The zone for each parcel is determined by the City Council.

(y)

Low Voltage Landscape Lighting: Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

(z)

Lumen: The unit of luminous flux; a measure of the amount of light emitted by a luminaire, as compared to "watt," a measure of power consumption.

(aa)

Luminaire ("light fixture"): A complete lighting unit consisting of one or more electric lamps or light sources, reflector, lens, ballast or driver and/or other components and accessories.

(bb)

Luminance: The amount of light emitted in a given direction from a surface by the light source or by reflection from a surface. The unit is candela per square meter or nits.

(cc)

Luminous Flux: A measure of the total light output from a source, the unit is the lumen.

(dd)

Mounting Height: The vertical distance between the lowest part of the luminaire and the ground surface directly below the luminaire.

(ee)

Nadir: The downward direction, exactly vertical, directly below a luminaire.

(ff)

Not Ideally Oriented: A luminaire is considered "not ideally oriented" if it is mounted in any way other than such that the backlight portion of the light output is oriented perpendicular and towards the property line.

(gg)

Obtrusive Light: Glare and light trespass.

(hh)

Ornamental Lighting: Lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or landscaping, and installed for aesthetic effect.

(ii)

Partially Shielded Luminaire: A luminaire with an opaque top and translucent or perforated sides, designed to emit most light downward.

(jj)

Photometric Test Report: A report by a testing laboratory certified by the National Institute of Standards and Technology (NIST) describing the candela distribution, shielding type, luminance and other optical characteristics of a specific luminaire.

(kk)

Relative Photometry: Photometric measurements made of the lamp or light source plus luminaire, and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard IES LM-63.

(ll)

Sales Area: Uncovered exterior area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

(mm)

Temporary Lighting: Lighting installed with temporary wiring and operated for less than sixty (60) days in any calendar year.

(nn)

Unshielded Luminaire: A luminaire capable of emitting light in any direction including downwards.

(oo)

Uplight: For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.

Loading Space (Off-Street): A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.

Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as an individual unit for the purpose, either immediate or future, of transfer of ownership, or possession, or for building development.

Lot (of Record): A parcel of land whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat and recorded prior to the effective date of this chapter, or a parcel of land approved by the City as a lot and recorded subsequent to such date.

Lot Area: The total land area of a horizontal plane within the lot lines (excludes areas below the ordinary high water level of public waters).

Lot, Base: Lots meeting all specifications in the zoning district prior to being subdivided into a two family dwelling, townhouse, or manor home subdivision.

Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

Lot Coverage: The area of a lot occupied by the principal building or buildings and all accessory buildings, but not including uncovered porches, decks, ground level landings, landscape structures or recreational facilities.

Lot Depth: The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries.

Lot, Frontage: The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.

Lot Improvement: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

Lot, Interior: A lot, other than a corner lot, including through or double frontage lots.

Lot Line: A line of record bounding a lot which divides one (1) lot from another lot or from a street or alley right-of-way or public street easement.

Lot Line, Front: The lot line separating a lot from the street right-of-way along the lot frontage.

Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet 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.

Lot, Substandard: A lot or parcel of land which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Chapter.

Lot, Through: A lot fronting on two parallel, as contrasted to intersecting, streets.

Lot, Unit: Lots created from the subdivisions of a base lot for two family dwelling, townhouse, or manor home dwelling having different minimum lot size requirements than the conventional base lots within the zoning district.

Lot Width: The straight-line distance between side lot lines, as measured at the minimum building setback line. If the front lot line is curved or includes a bend, the straight-line distance between side lot lines is measured at the minimum building setback line in a manner that is an equal distance along both side lot lines.

Main Living Level: The first (lowest) story of a residential dwelling unit, exclusive of a basement if one is provided. The main living level generally includes the primary kitchen facilities.

Manor Home: A residential structure with three or more units with each unit having a separate entrance/exit. There may be more than one (1) floor and an attached garage space.

Manufactured Home (Mobile Home): A structure, transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length (excluding hitch) or, when erected on site, contains 320 or more square feet in area, and which is built on a permanent chassis and designed to be used as a dwelling with or without 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 filed a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under this section. In Floodway and Flood Fringe Overlay Districts, a 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 connected to the required utilities.

Manufactured Home Park (Mobile Home Park): Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.

Marquee: A permanent canopy and roof structure which is attached to and supported by a primary building; which is constructed of durable material compatible with the primary structure; and which projects over the entrance to the building.

Metes and Bounds Description: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

Micro Wireless Facility: A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.

Mixed-Use building: A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or non-residential uses on the upper floors.

Model Home: A home which is similar to others in a development and which is temporarily open to public inspection for the purpose of selling.

Motor Fuel Station: Any building or premises used for the dispensation, sale or offering for sale at retail of any motor fuels, oils or lubricants. When the use is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

Natural Resource Analysis: A report in map and text form identifying the existing natural features of a parcel of land and the relationship of a proposed use to the existing natural conditions of the parcel; used in the determination of appropriate means to preserve and manage areas unsuitable for development in their natural state due to physical constraints or special protection status.

Non-Conforming Structure, Use, or Lot, Illegal: A lot, building, structure, premises, or use illegally established when it was initiated, created, or constructed, which did not conform with the applicable conditions or provisions of the City Code for the district in which the structure or use is located.

Non-Conforming Structure, Use, or Lot, Legal: A building, structure, use, premises, or lot that: (1) was lawfully established when created, constructed or initiated prior to the effective date of the ordinance provision with which it does not comply; or (2) became non-conforming because of a government action such as a court order or taking by a governmental body under eminent domain or negotiated sale. The term does not include a building, structure, or lot that was allowed to deviate from the regulations in this Chapter by an approved variance.

Noxious Matter of Material: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic wellbeing of individuals.

Nursery, Landscape: An enterprise which conducts the retail and wholesale sale of plants grown on the site, excluding cannabis, as well as accessory items directly related to their care and maintenance. The accessory items normally sold include clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels and the like, but do not include power equipment such as gas or electric lawnmowers and farm implements.

Nursing Home: A state licensed facility or that part of a facility which provides nursing care pursuant to Minnesota Statutes Chapter 144A.01.

Obstruction: 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.

Occupancy: The purpose for which a building is used or designed. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Offices, Administrative/Commercial: A building or portion of a building wherein services are performed involving predominantly administrative, clerical, commercial, corporate, or general office operations. The definition includes offices for counseling services but does not include offices/clinics for medical, dental, or chiropractic services.

Open Space: Any open area not covered by structures, including but not limited to the following uses: required or established yard areas, sidewalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, ground water recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development.

Open Space, Private: Any open space owned by a person or persons.

Open Space, Public: Any open space publicly owned.

Outdoor Mechanical Equipment: Equipment used onsite for the regular operation of a building or use. This term includes air conditioning units, power vents, and similar equipment. This term does not include electric vehicle supply equipment, solar equipment, or a wind energy system.

Outlot: A parcel of land subject to future platting prior to development; or a parcel of land which is designated for public or private open space, right-of-way, utilities or other similar purposes.

Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property.

Parcel: An individual lot or tract of land.

Park, Private: A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc., for active and/or passive recreational purposes.

Park, Public: A tract of land publicly owned and used by the public for active and/or passive recreational purposes.

Parking Garage: A structure, building or portion thereof designed and utilized for the temporary storage of motor vehicles.

Parking Lot (Ramp): A structure utilized for the temporary storage of motor vehicles.

Parking Lot, Surface: An at grade, uncovered area, utilized for the temporary storage of motor vehicles.

Parking Space (Off-Street): An area of such shape and dimensions as provided by this Chapter, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one (1) motor vehicle, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

Patio: A level, surfaced area directly adjacent to a principal building at or within three (3) feet of the finished grade, without a permanent roof which is intended for outdoor lounging, dining and the like.

Performance Standard: Criterion established for, but not limited to, setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage, off-street parking, and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in use of land or buildings.

Permitted Use: 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: Any individual or legal entity.

Planned Unit Development: A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this section, and/or whereby internal site design standard deviations from this section may be allowed to improve site design and operation.

Planning Commission: The Plymouth Planning Commission.

Plat: The drawing or map of a subdivision prepared pursuant to Minn. Stats. Chapter 505 and containing all elements or requirements of this Chapter and Chapter V of the City Code.

Play and Recreational Facilities: Accessory structures and/or uses that are customary and incidental to the principal use of the site, including but not limited to swing sets, play structures, sand boxes, fire pits, skate-board ramps, batting cages, tennis courts, sport courts, swimming pools and their related aprons, and the like, intended for the enjoyment and convenience of the residents of the principal use and their guests.

Police Chief: The person designated by the City Manager to be the Police Chief for the City of Plymouth.

Premises: A lot or plot with the required front, side and rear yards for a dwelling, structure, or other use as allowed under this Chapter.

Principal Building: The primary building on a lot.

Principal Use: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted, interim, or conditional.

Private Club: See "Club, Private."

Protective Covenants: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.

Public Uses: Uses owned or operated by municipal, school districts, county, state, or other governmental units.

Public Utility: Any person, firm, corporation, municipal department or board fully authorized and furnishing under municipal regulation to the public electricity, gas, steam, communication services, cable television, telegraph services, transportation, water or the like.

Public Works Facility: A facility or location relating to the functions of a public entity which may include, but is not limited to, offices, maintenance or storage buildings/structures, or yards for storage of vehicles, equipment, and materials.

Publication: Notice placed in the official City newspaper stating time, location and date of meeting and description of the topic.

Recreation, Commercial: A business directed toward the general public, not requiring membership, that offers recreational entertainment such as ballrooms, billiard halls, bowling alleys, miniature golf, pickleball courts, roller rinks, and the like, excluding shooting ranges.

Recreation, Personal Fitness: A private facility offering weight training, aerobic exercise floors and other similar athletic facilities, such as reducing salons, weight control establishments and private athletic, health or recreational facilities. Personal fitness establishments shall be limited to those facilities less than 3,000 square feet of floor area.

Recreational Camping Vehicle: Any vehicle or structure which meets the following qualifications:

(a)

Any vehicular, portable structure mounted on wheels to be towed by a self-propelled vehicle, and designed to be used as temporary living quarters for travel, vacation uses or for recreational uses. Such structures include travel trailers, pop-up (including folding and retractable) campers, ice-fishing houses, and the like.

(b)

Any vehicular, portable structure designed to be mounted on a truck upon a self-propelled vehicle for use as temporary living quarters for travel, recreation, or vacation uses. Such structures include, but are not limited to, pick-up campers.

(c)

Any vehicular, portable structure mounted on wheels, designed to be used as temporary living quarters for travel, recreation, or vacation uses, and which is constructed as an integral part of a self-propelled vehicle. Such vehicles include motorhomes, mini-motorhomes, buses converted into campers, and the like.

Recreational Equipment: Personal property (non-vehicular) used primarily for recreation and leisure time activities and purposes, including sports equipment, picnic tables, barbecue grills, bird feeders, patio furniture, and the like.

Recreational Facility: An area of land, water, or any building where amusement, recreation or athletic sports are provided, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. The definition includes golf courses, arenas, stadiums, gymnasiums, soccer fields, multi-purpose athletic fields, and similar uses.

Recreational Vehicle: A vehicle, machine, or device used primarily for recreation and leisure time activities and purposes, including recreational camping vehicles, classic cars, cars used for racing, motor boats, sailboats, row boats, canoes, snowmobiles, all-terrain vehicles, and the like, together with any trailer appurtenant thereto. For purposes of Floodplain Overlay Districts, a recreation vehicle is 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 Floodplain Overlay Districts, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

Recyclable Materials: Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse derived material or other material that is destroyed by incineration is not a recyclable material.

Refueling Bay: A space at a fuel dispensing outlet (i.e., gas station or other refueling station) where a vehicle parks during the refueling process.

Religious Institution: A building or portion thereof, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

Residential Facility, State Licensed: Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with 24 hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities may include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, group homes, continuing care retirement facilities, residential programs or schools for handicapped children.

Residential Shelter: A supervised facility providing short-term housing, food, and protection for individuals, not including residential care facilities, community correctional facilities, day care facilities, hotels, or nursing homes.

Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23 or licensed under Minn. Stat. § 245G.21.

Restaurant, Brewpub: A dining restaurant that is also licensed to brew malt liquor on the site for sale and consumption on the premises, or for sale in sealed containers for consumption off the premises.

Restaurant, Dining: An establishment that cooks and serves meals, primarily to be eaten while seated at tables or booths within the establishment. The definition does not include restaurants that provide drive-through or drive-in service.

Restaurant, Drive-In: An establishment used for the sale, dispensing or serving of food, refreshments or beverages on the premises, typically eaten in the customer's vehicle on the site.

Restaurant, Drive-Through: An establishment which provides drive-through service, and which may serve food in individual servings for consumption on or off the premises.

Restaurant, Prepared Food (delivery or take out): An establishment which by design of physical facilities, service or packaging procedures permits the purchase of prepared, ready-to-eat foods to either be picked up or delivered for off-premises consumption.

Restaurant, Special Event and Catering: An establishment having a minimum seating capacity of 150 providing food and beverage service, which may include accessory on-sale liquor and live entertainment, where meals are regularly prepared on the premises and served at tables for special events sponsored by persons or entities who are members of the general public, but which is not open for business on a daily basis, and which may provide catering services for special events for consumption off the premises.

Right-of-Way: Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.

Roof Line: That line at which an exterior wall surface of a building departs from the vertical plane and, typically, where the horizontal plane of the roof commences. Mansard-like roof treatments may be considered as extensions of a building wall surface when the mansard-like treatment is considered as part of the roof.

Rubbish: Waste products which are composed wholly or partly of such materials as garbage, sweepings, swill, cleanings, trash, refuse, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals, fruit, or other vegetable or animal matter from kitchen, dining room, market, food establishment or any place dealing or handling meat, fowl, fruit, grain or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood, metal, roofing materials, pipe or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, used containers, boxes and packing materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles, auto parts, cement brick, leaves, burn barrels, household appliances, furniture, toys, floor coverings, fabric, drain oil, solvents and fluids, or other such substances which may become a nuisance.

School: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

School, Private: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source.

School, Public: Any building or group of buildings, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.

School, Trade: See "Trade School."

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

Semi-Public Use: Uses owned by private or private non-profit organizations which are open to some, but not all, of the public.

Service Road: A road constructed along the main-traveled lanes of a trunk highway, county road, or major roadway with the purpose of eliminating unreasonable circuity of local travel, providing access to properties off of the major roadway, and accommodating needs of local traffic, pedestrians, and bicyclists. Service roads are generally parallel to and within a reasonable proximity to the primary road, and often lie within the right-of-way of the major roadway, or are platted for purposes of being a service road or frontage road.

Setback: The minimum horizontal distance between a structure and the lot line nearest thereto, except that if an outlot for a public trail separates such lot line from a street right-of-way, setback shall mean the minimum horizontal distance between a structure and the street right-of-way line. Additionally, within shoreland districts setback shall mean the minimum horizontal distance between a structure or a sewage treatment system and the ordinary high water level. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. In all cases, distances are to be measured from the most outwardly extended portion of the structure, except as provided hereinafter.

Sewage Treatment Systems, Private: On-site means for disposing and treating human and domestic waste such as a septic tank and soil absorption system or other system allowed by state and City regulations; used where authorized by the City when access to the municipal sewer system is not required or feasible.

Sewer System, Sanitary: The public utility operated by the City to conduct sanitary wastes to the Metropolitan Council Environmental Services facility for treatment and disposal.

Sexually Oriented Activities, Related Terms:

(a)

Sexually Oriented Uses: Uses which include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as "obscene" as defined by Minnesota Statutes, Section 617.241 are not included.

(1)

Specified Anatomical Area: Human genitals in a state of sexual arousal.

(2)

Specified Sexual Activities: Includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in subsections (2)a through (2)c above.

(b)

Sexually Oriented Uses, Accessory: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

(c)

Sexually Oriented Uses, Principal: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

(1)

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

(2)

Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

(3)

Establishment: Means and includes any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The addition of any sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of any sexually oriented business.

(4)

Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(5)

Nudity or State of Nudity: Nudity or state of nudity is described as follows:

a.

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

b.

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

(6)

Semi-Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(7)

Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

(8)

Sexually Oriented Arcade: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

(9)

Sexually Oriented Bookstore, Sexually Oriented Video Store, or Sexually Oriented Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

(10)

Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(11)

Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(12)

Sexually Oriented Massage Parlor: A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(13)

Sexually Oriented Hotel: A hotel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexually activities" or "specified anatomical areas" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(14)

Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(15)

Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

(16)

Sexually Oriented Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

Shoreland Related:

(a)

Shoreland: Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; or 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream when the bank is not clearly defined. The limits of shoreland may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources.

(b)

Bluff: A bluff is a slope that:

(1)

Lies within a shoreland management overlay district and drains toward the waterbody; and,

(2)

Has at least 25 vertical feet of elevation change between the ordinary high water level (OHWL) and the top of the bluff; and,

(3)

Has at least one 50-foot segment between the toe of the bluff and the top of the bluff (measured horizontally and perpendicular to the OHWL) that has an average gradient of 30 percent or more.

(c)

Bluff Impact Zone: The area from the toe of the bluff to a line parallel to and 20 horizontal feet upslope from the top of the bluff.

(d)

Boathouse: A structure designed and used solely for the storage of boats or boating equipment.

(e)

Diversion: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

(f)

Intensive Vegetation Clearing: The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

(g)

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

(h)

Public Waters:

(1)

Water basins assigned a shoreland management classification by the Commissioner of the Department of Natural Resources (DNR) under Sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes.

(2)

Waters of the state that have been finally determined to be public waters or navigable waters by a court of competent jurisdiction.

(3)

Meandered lakes, excluding lakes that have been legally drained.

(4)

Water basins previously designated by the Commissioner of the DNR for management for a specific purpose such as trout lakes and game lakes pursuant to applicable bylaws.

(5)

Water basins designated as scientific and natural areas under Section 84.033.

(6)

Water basins located within and totally surrounded by publicly owned lands.

(7)

Water basins where the State of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership.

(8)

Water basins where there is a publicly owned and controlled access that is intended to provide for public access to the water basin.

(9)

Natural and altered water courses with a total drainage areas greater than two square miles.

(10)

Natural and altered water courses designated by the Commissioner of the DNR as trout streams.

(11)

Public waters wetlands, unless the statute expressly states otherwise.

(i)

Sewer System: Pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

(j)

Shore Impact Zone: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

(k)

Steep Slope: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this Chapter. Where specific information is not available, steep slopes are lands having slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

(l)

Stream Buffer: An area of vegetated ground cover abutting a stream or creek, as defined in Section 21665 of this Chapter, which has characteristics identified in Section 21670.08 of this Chapter.

(m)

Toe of the Bluff: The point on a bluff where there is a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lowest point on the lowest 50-foot segment of a bluff (measured horizontally and perpendicular to the OHWL), that has an average gradient exceeding 18 percent.

(n)

Top of the Bluff: The point on a bluff where there is a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the highest point on the highest 50-foot segment of a bluff (measured horizontally and perpendicular to the OHWL), that has an average gradient exceeding 18 percent.

(o)

Water-Oriented Accessory Structure or Facility: A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, at-grade patios, and detached decks.

(p)

Watershed: The 81 major watershed units delineated by the map, "State of Minnesota Watershed Boundaries — 1979".

Sign Related:

(a)

Abandoned Sign: A sign and/or its supporting structure which is in good condition (without holes or other evidence of disrepair or damage) but that: 1) identifies or advertises a business, lessee, service, building occupant, or activity that has not been on the premises for more than 180 days; or 2) the display surface remains blank for more than 180 days; or 3) the message pertains to a time, event, or purpose which no longer applies; or 4) remains after demolition of a principal structure.

(b)

Area Identification Sign: A freestanding sign identifying the name of a single-family residential subdivision consisting of five or more lots; a multiple-family residential complex consisting of ten or more units; a commercial or industrial development containing two or more structures; a manufactured home park; or any integrated combination of the above.

(c)

Banner: A sign made of fabric or any non-rigid material with no enclosing framework.

(d)

Billboard: A sign with a surface area greater than 200 square feet but less than 700 square feet which is located outdoors and which advertises a product, business, service, event or any other matter which is not exclusively available or does not exclusively take place on the same premises as the sign, or a structure designed to support such a sign.

(e)

Changeable Copy Sign: A non-electronic sign or portion of a sign that has a readerboard for the display of text information in which each alpha-numeric character or symbol may be changed or rearranged manually or mechanically with characters, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure.

(f)

Construction Sign: A temporary sign which displays information announcing the approved construction or development of the site on which it is displayed.

(g)

Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment.

(h)

Directional Sign: A sign erected to indicate the direction of traffic or to direct traffic to specific locations.

(i)

Dynamic Display Billboard: A billboard that is attached to a sign structure and displays non-moving electronic images, graphics, or pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, or other illumination devised within the display area where the message change sequence is accomplished immediately. Electronic graphic display signs include computer programmable, microprocessor-controlled electronic or digital displays.

(j)

Electronic Changeable Copy Sign: A sign or portion of a sign that displays electronic, non-pictorial text information in which each alpha-numeric character or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, or other illumination devised within the display area. The characters for the copy or script shall be only that available on a standard word processing keyboard, and shall not include graphics, pictures, or other items. Electronic changeable copy signs include computer programmable, microprocessor-controlled electronic displays and messages that are projected onto building or other objects.

(k)

Electronic Graphic Display Sign: A sign or portion of a sign that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, or other illumination devised within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization, or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include images or messages with these characteristics that are projected onto buildings or other objects.

(l)

Flag: Any fabric or similar lightweight material attached to a staff, pole, or similar device at one end of the material so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia or other symbolic devices.

(m)

Flashing Sign: A directly or indirectly illuminated sign or portion of a sign that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling.

(n)

Freestanding Sign: A self-supported sign not affixed to another structure.

(o)

Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source.

(p)

Mobile Sign: Any sign mounted on a motor vehicle or trailer that can become part of traffic flow or be parked at specific locations. A mobile sign primarily functions as a sign, not a mode of transportation. This definition does not include signs or lettering on buses, taxis or other vehicles operating during the normal course of business or stored in an approved storage area consistent with the requirements for commercial vehicles.

(q)

Monument Sign: Any sign not supported by posts, which does not exceed ten feet in height, and located directly at grade where the base width dimension is 75 percent or more of the greatest width of the sign.

(r)

Multi-Vision Sign: Any sign or portion of a sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and allows on a sign structure the display of two or more images at a given time.

(s)

Name Plate Sign: A sign located on the premises, giving the name or address or both of the owner or occupant of a building or premises.

(t)

Non-Commercial Speech: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and information topics.

(u)

Non-Conforming Sign: Any sign which existed prior to the adoption of this Chapter and does not conform to the requirements herein.

(v)

Official Sign: Any sign of a public nature when erected by or on behalf of public officials or employees in the performance of their official duty, including: public notification signs, safety signs, traffic signs, or directional signs to public facilities.

(w)

Private Drive Sign: A sign that is located near the entrance(s) to a private drive that serves more than one dwelling unit, and that states "Private Drive" and provides the range of addresses served by the private drive.

(x)

Roof Sign: A sign erected, constructed or attached wholly or in part upon or over the roof of a building.

(y)

Rotating Sign: A sign or portion of a sign which turns on an axis.

(z)

Sign: Any letter, word, or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires and structures, which is visible from outside whether located inside or outside of a building and displayed for informational, communicative, or attention-getting purposes.

(aa)

Shimmering Sign: A sign or portion of a sign which reflects an oscillating sometimes distorted visual image.

(bb)

Static (Painted) Billboard: A billboard that has a fixed non-electronic image printed or painted on any material affixed to a structure.

(cc)

Surface Area: The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface, including any material forming an integral part of the background of the display used to differentiate the sign from the background structure. It does not include any structural elements outside the limits of the sign, such as the base, framing, or decorative roofing, provided there is no advertising copy on such features. For signs consisting of individual letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest regular geometric figure needed to completely encompass all letters, figures, or symbols. Only one side of a double face or V-type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or V-type signs is 45 degrees.

(dd)

Temporary Sign: A sign erected or displayed for a specified period of time.

(ee)

Time and Temperature Sign: An electronic changeable copy sign or portion thereof that displays exclusively current time and temperature information.

(ff)

Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic.

(gg)

Video Display Sign: A sign or portion of a sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action of a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including, but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include images or messages with these characteristics projected onto building or other objects.

(hh)

Wall Sign: A sign in which the surface area is mounted flat against, and parallel to, the surface of a wall.

Site Plan: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, easements, utilities, landscaping, and walkways, as related to a proposed development.

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

Small Wireless Facility: A wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within and enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or a micro wireless facility.

Solar Energy System (SES): An energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy.

(a)

Ground-Mounted Solar Energy System: a solar energy system mounted on a rack or pole that is ballasted on, or is attached to, the ground.

(b)

Roof-Mounted Solar Energy System: a solar energy system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure, including carports.

Sound Source Control Plan: A plan that identifies any potential noise source which may occur in connection with a request for zoning approval, including specific actions that will successfully mitigate the potential undesirable effects of the noise source.

Sports and Fitness Club: See "Club, Sports and Fitness."

Storage, Outside: Exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers and the like. Parking lots do not qualify as outside storage. Outside storage shall not involve any product representation or signage except for those emergency or safety related signs specifically approved by the City. Vending machines accessory to allowable uses do not constitute outside storage. The parking or storage of vehicles, equipment, and merchandise for a period of less than ninety-six (96) hours does not constitute outside storage.

Story: That portion of a building included between the upper surface of any floor and upper surface of the 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, cellar or unused underfloor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar, or unused underfloor space shall be considered as a story.

Story, First: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

Street: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.

Street, Arterial—Minor: Streets defined as such and mapped accordingly within the City's duly adopted Comprehensive Plan

Street, Arterial—Principal: Streets defined as such and mapped accordingly within the City's duly adopted Comprehensive Plan.

Street, Collector: Streets defined as such and mapped accordingly within the City's duly adopted Comprehensive Plan.

Street, Local: Streets defined as such and mapped accordingly within the City's duly adopted Comprehensive Plan.

Street Width: The shortest distance between the lines delineating the right-of-way of a street.

Structural Alteration: Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Structural Coverage: The term structural coverage, as referenced in this Chapter, shall include the principal building and any attachments thereto which contain a roof. Accessory buildings and structures which contain a roof and are in excess of 200 square feet in dimension shall also be included.

Structure: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over seven feet in height, and swimming pools, but excluding patios and similar at-grade improvements. For purposes of floodplain overlay districts, the definition of structure also includes on-site utilities and recreational vehicles.

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

Subdivision: The separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, tracts, lots, or long term leasehold interests where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, except those separations:

(a)

Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses.

(b)

Creating cemetery lots.

(c)

Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.

Surveyor: A land surveyor registered under Minnesota State laws.

Telecommunications Right-of-Way User: A person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunications or other voice or data information.

Therapeutic Massage: A land use that is defined and licensed under Section 1135 of the Plymouth City Code.

Topsoil: Surface soils containing higher concentrations of organic matter where particles do not exceed one inch in diameter.

Tower, Temporary Mobile: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as Cellular on Wheels (COW).

Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above ground.

Townhouse: A single structure consisting of at least three (3) dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a common hallway for entry.

Trade School: A school that teaches a skilled trade, vocational schools, and facilities providing job training services.

Transient Merchant: Any person, individual, co-partnership, incorporation, both as principal and agent, who is engaged in, does, or transacts any temporary and transient business selling goods, wares, and merchandise; and, who for the purpose of carrying on such business, has complied with the administrative permit requirements of this Chapter, and hires, leases, occupies, or uses a site, parking lot, vacant lot, motor vehicle, or trailer in a zoning district where it is allowed by this Chapter.

Transient Produce Merchant: Any person who engages in or transacts in a temporary and transient business within the City, selling the products of the farm or garden occupied and cultivated by that person; and, who for the purposes of carrying on such business, hires, leases, occupies, or uses, a site, parking lot, vacant lot, motor vehicle, or trailer on a site other than the property on which the produce is grown and cultivated in a zoning district where it is allowed by this Chapter.

Transportation Demand Management (TDM) Program: A plan intended to assist in the reduction of traffic congestion during peak travel hours, the strategies of which include, but are not limited to, flexible working hours, telecommuting, carpooling, preferential parking, mass transit, biking, and walking.

Tree, Overstory: A species of tree that is anticipated to achieve a mature height exceeding 25 feet.

Tree, Understory: A species of tree that is anticipated to achieve a mature height of 25 feet or less.

Tutoring/Learning Centers: Tutoring centers are facilities that provide remedial or additional teaching, designed to help people who need extra help with their studies. Learning centers are facilities designed to provide supplemental education to enhance or enrich the learning of concepts, skills, themes, or topics.

Use: 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 Chapter. Uses are classified as principal or accessory and as permitted, conditional, interim, and prohibited.

Utility Pole: A pole that is used in whole or in part to facilitate telecommunications or electric service.

Utilities, Municipal: City facilities such as sanitary sewer, water and storm sewer designed and constructed to City standards owned and operated by the City for the public use.

Vacant Lot: A lot that has not had a principal building located upon it for more than one hundred eighty (180) days.

Variance: A modification of or variation from the provisions of this Chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this Chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.

Variance, Minor: A modification or variance of the provisions of this Chapter involving not more than a twenty-five (25) percent departure from any standard of this Chapter as applied to a specific piece of property. Modification in the allowable uses within a district shall not be allowed as a minor variance. A minor variance shall not include requests involving signage, fencing, shoreland, floodplain, stream buffer, or wetland buffer.

Variety Store: An establishment having a gross floor area containing less than 55,000 square feet, which is primarily engaged in retail sale of a variety of general merchandise, typically in the low and popular price ranges. These stores do not generally carry a complete line of merchandise, and may or may not be departmentalized. Variety stores are intended to draw customers on a neighborhood or community scale.

Vegetation, Native: The pre-settlement group of plant species native to the North American continent that were not introduced as a result of European settlement.

Waste Facility: All property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing, disposal, transfer and/or storage of hazardous and/or solid wastes, except property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer and storage stations, processing facilities, and disposal sites and facilities. Waste facility does not include drop off centers which are accessory to allowable uses and which are operated by a governmental unit, civic organization or similar non-profit group expressly for the collection of recyclable waste including paper, clean glass and metal containers, yard waste for composting, and other eligible household wastes from individuals.

Waste, Hazardous: Any refuse or discarded material or combinations of refuse or discarded materials in solid, semi-solid, liquid, or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives.

Waste, Solid: Any garbage, refuse, rubbish, and other discarded solid materials, except animal waste used for fertilizer, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste does not include earthen fill, boulders, rock, and other materials normally handled in construction operations, solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants.

Wetland Related:

Wetland: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have three (3) of the following attributes:

(a)

A predominance of hydric soils;

(b)

Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;

(c)

Under normal circumstances, support a prevalence of such vegetation.

Wetland Buffer Strip: An area of vegetated ground cover abutting a wetland that, either in its natural condition or through intervention, has the characteristics identified in Section 21670.08 of this Chapter.

Wetlands, Exceptional Quality: Exceptional quality wetlands contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. This higher level of plant species diversity generally provides high wildlife habitat value and may also support rare wildlife species. The shorelines of exceptional quality wetlands are natural and unaffected by erosion. These wetlands exhibit no evidence of significant man induced water level fluctuation. Exceptional quality wetlands provide excellent water quality protection, high aesthetic quality, and provide excellent opportunities for educational and scientific activities within the community.

Wetlands, High Quality: High quality wetlands are still generally in their natural state and tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species, however, a minimum of twenty (20) different species can be found within the basin. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. The combination of these factors result in these wetlands being judged as providing a greater level of water quality protection and significantly better wildlife habitat. They show little if any evidence of human influences and their greater levels of species diversity, wildlife habitat and ecological stability results in higher aesthetic quality. These characteristics also offer opportunities for educational or scientific value to the community.

Wetlands, Low Quality: Wetlands included in this category have been substantially altered by agricultural or urban development that caused over nutrification, soil erosion, sedimentation and water quality degradation. As a result of these factors, these wetlands exhibit low levels of plant species and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion. While these wetlands do provide for water quality and serve an important role in protecting water quality downstream, the combination of these characteristics cause these wetlands to provide low levels of water quality protection and to have poor aesthetic quality. They often exhibit evidence of significant human influences and they are deemed to be of little educational or scientific value to the community.

Wetlands, Medium Quality: Medium quality wetlands have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion. As a result of these characteristics, these wetlands provide somewhat better water quality protection. They also exhibit relatively less evidence of human influences and therefore, tend to be of a higher aesthetic quality. These wetlands are still judged to be of limited educational or scientific value to the community.

Wetland Replacement Plan: A plan that shows how wetland areas will be re-created or mitigated pursuant to Minnesota Rules, Chapter 8420, in cases where wetlands are drained, filled, or otherwise impacted.

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

Wind Energy Conversion System (WECS), Related Terms:

(a)

Wind Energy Conversion System (WECS): Any device such as a wind charger, windmill or wind turbine and any related equipment that converts wind energy into electrical energy.

(b)

WECS, Freestanding: A WECS that is attached upon a self-supporting monopole structure.

(c)

WECS, Rooftop: A WECS that is attached to the roof of a building.

Wireless Facility: Equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna.

Wireless Service: Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6).

Wireless Support Structure: A new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City.

Wireline Backhaul Facility: A facility used to transport communications data by wire from a wireless facility to a communications network.

Yard: Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

Yard, Equivalent: The open area on through and corner lots, which may be required and/or permitted as an alternative to a required rear or side yard between the principal building and an abutting arterial, major collector, or other public street where access has been prohibited.

Yard, Front: A yard extending across any street frontage of a lot between the side lot lines and being the minimum horizontal distance between any street line and main building or any projections thereof other than the projections of the usual steps, entranceway, unenclosed balconies or open porch. In the case of a lot containing or adjacent to all or a portion of a wetland, the front yard shall be the minimum horizontal distance between the nearest edge of the wetland buffer and the main building and the permitted projections, as provided by Section 21670.05.

Yard, Rear: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, enclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. On all lots containing or adjacent to all or a portion of a wetland, the rear yard shall be the minimum distance between the nearest edge of the wetland buffer and the main building and the permitted projections, as provided by Section 21670.05.

Yard, Required: The open space between a lot line and the buildable area within which no structure may be located except as provided by this Chapter.

Yard, Shoreland: A yard which is typically a rear yard extending across a lot and being the required minimum horizontal distance between a structure and the ordinary high water level of a public water as established by the City Storm Drainage Plan and Department of Natural Resources.

Yard, Side: A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line, except in the case of a lot containing or adjacent to all or a portion of a wetland, in which case the side yard is between the nearest edge of the wetland buffer and the main building, as provided by Section 21670.05.

Zoning Administrator: The person designated by the City Manager to be the Zoning Administrator for the City of Plymouth, or the Zoning Administrator's designee.

Zoning Amendment: A change authorized by the City Council either in the allowed use within a district or in the boundaries of the district.

Zoning District: An area or areas of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this Chapter.

Zoning District Overlay: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

Zoning District Underlying (Base): All zoning districts except overlay zoning districts.

Zoning Map: The map or maps incorporated into this Chapter as part thereof, designating the zoning districts.

(Amended by Ord. No. 98-4, 01/21/98; Ord. No. 98-14, 05/06/98; Ord. No. 98-23, 07/08/98; Ord. No. 98-44, 12/16/98; Ord. No. 99-5, 01/19/99; Ord. No. 99-20, 07/20/99; Ord. No. 2000-08, 02/29/00; Ord. No. 2000-09, 03/21/00; Ord. No. 2001-06, 02/13/01; Ord. No. 2001-25, 08/14/01; Ord. No. 2002-02, 01/22/02; Ord. No. 2002-18, 05/14/02; Ord. No. 2002-24, 06/25/02; Ord. No. 2002-32, 11/26/02; Ord. No. 2003-35, 11/25/03; Ord. No. 2004-02, 01/13/04; Ord. No. 2004-14, 08/10/04; Ord. No. 2004-32, 12/14/04; Ord. No. 2005-01, 01/11/05; Ord. No. 2005-30, 11/29/05; Ord. No. 2006-04, 02/07/06; Ord. No. 2007-04, 01/23/07; Ord. No. 2007-05, 01/23/07; Ord. No. 2008-09, 03/25/08; Ord. No. 2008-13, 05/27/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2010-01, 02/23/09; Ord. No. 2011-05, 02/22/11; Ord. No. 2011-22, 07/26/11; Ord. No. 2012-05, 02/28/12; Ord. No. 2012-15, 04/24/12; Ord. No. 2013-11, 04/23/13; Ord. No. 2013-27, 10/22/13; Ord. No. 2014-12, 02/25/14; Ord. No. 2014-28, 09/23/14; Ord. No. 2015-15, 05/26/15; Ord. No. 2015-21, 07/28/15; Ord. No. 2016-11, 04/26/16; Ord. No. 2016-29, 10/25/16; Ord. No. 2017-24, 11/28/17; Ord. No. 2017-24, 11/28/17; Ord. No. 2018-02, 01/09/18; Ord. No. 2019-01, 02/12/19; Ord. No. 2019-16, § 1, 9/10/2019; Ord. No. 2020-11, § 1, 10/13/2020; Ord. No. 2021-03, § 2, 2/9/2021, eff. 7/1/2021; Ord. No. 2021-04, § 1, 2/23/2021; Ord. No. 2021-06, § 1, 3/9/2021; Ord. No. 2022-10, § 2, 8/16/2022; Ord. 2023-09, 8/8/2023; Ord. No. 2023-11, § 1, 9/12/2023; Ord. No. 2023-12, § 1, 9/12/2023; Ord. No. 2024-09, §§ 1—7, 3/26/2024; Ord. No. 2024-22, §§ 1—6, 9/24/2024; Ord. No. 2024-24, §§ 1—4, 11/26/2024; Ord. No. 2025-02, § 3, 3/25/2025)