Contiguous to. For example, two (2) adjoining lots with a common property line are considered to be abutting. Sites or properties separated by a public right of way shall not be considered abutting.

A subordinate building or structure on the same lot with a principal or main building.

A structure, with or without a roof and/or walls, detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building.

A use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

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

Any modification, additions, or change in construction or type of occupancy; any enlargement of a building, either horizontally or vertically; or the moving of a structure from one location to another.

A domestic animal is an animal or fowl that is typically accessory to occupancy in a principal dwelling such as a dog, cat, rabbit, or potbellied pig, and is tame or domesticated. Domestic animals of a smaller nature include gerbils, hamsters, guinea pigs, mice, birds, snakes, ferrets, and other similar animals maintained as pets and not for breeding purposes.

Non-domestic animals may consist of small caged animals and fowl such as falcons, pigeons, pheasants, quail, chickens, ducks, geese, and other small animals and fowl of this nature which are kept outside the dwelling and of such type and nature that state and national associations exist establishing norms for breeding, confining and rearing. Pygmy goats and miniature horses are not included.

The city attorney of Rosemount, Minnesota, or his designated representative.

The largest accessory building on a property, constructed before 1940, for the exclusive storage of agricultural products and/or farm animals and larger one thousand two hundred (1,200) square feet, with a gabled or gambrel roof.

A portion of a building located partly underground, having more than fifty percent (50%) of its floor to ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered homes shall be construed to satisfy basement requirements.

Any structure having a roof which may provide shelter or enclosure for persons, animals or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and ridge level for gable, hip and gambrel roofs.

That line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.

A building in which is conducted the main or primary use of the lot on which it is located.

An engineer who is licensed by the Minnesota board of architecture, engineering, land surveying, landscape architecture and interior design.

The city of Rosemount, Dakota County, Minnesota.

The professional engineer employed by the city of Rosemount.

The removal of an entire stand of trees.

A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, parties, weddings, receptions and dances.

The Planning Commission of the City of Rosemount.

The Commissioner of the Department of Natural Resources.

The controlled biological decomposition and management of selected solid waste to produce an innocuous, humus-like material, which can be used as a soil conditioner.

A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the city and including a land use plan, a community facilities plan and a transportation plan which has been prepared and adopted by the City of Rosemount.

Waste building materials, packaging, asbestos and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads.

Materials that are commonly used in the construction, repair, remodeling or landscaping of a building or building site. Examples of such materials include, but are not limited to, plywood, brick, concrete, tools, roofing materials, dumpsters, and landscaping items.

The city council of the city of Rosemount.

A fence made of high quality, long lasting and ornamental materials including finished aluminum, wrought iron, brick and the like, but not including wood, unfinished metal, vinyl, PVC, chainlink, wire, barbed wire or like materials.

The number of dwelling units per acre of land. Gross density is based on the total land area of the development site excluding existing public streets or highways. Net density is based on the total land area of the development site excluding wetlands, parks, existing public streets or highways, other land that will remain permanently undeveloped, but including newly platted streets.

An area of land for which there are uniform regulations governing the use of the buildings and premises.

A method of determining the location of floodway boundaries so that the hydraulic capacity of floodplain lands on each side of a stream are calculating proportionate increases in flood stages.

An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, living together as a single housekeeping unit using common cooking and kitchen facilities.

Any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject to building permit review and approval.

The end result of a manufacturing process that is ready for utilization or consumption by the ultimate consumer.

The sum of the gross horizontal areas of the floors of a building or dwelling unit, measured from the exterior walls, or from the centerline of party walls separating buildings, excluding basements.

The temporary display and sale of goods within the garage and/or driveway of a residence.

For the purpose of computing required parking, gross floor area is the floor area for the building excluding accessory garages, underground parking, areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts, or stairwells.

Open space associated with a multiple-unit development that is not part of a required yard, is relatively free of buildings and is available for recreational usage by the residents.

A room or group of rooms occupied, arranged or designed for occupancy by one or more guests for compensation.

A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

A surface that allows very little or no penetration of water or moisture into the soil or ground. Examples include concrete, asphalt, and various compacted materials including aggregate, limestone and recycled bituminous. Buildings, rooftops, patios and driveways and any other structure shall be included for the purpose of calculating maximum lot coverage. Exception: Decks will not be considered when calculating lot coverage percentage.

A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

Any vehicle, as defined in this section, which does not have lawfully affixed or attached thereto an unexpired state registration or license plate or plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

A separate parcel, tract, or area of land undivided by any public street or approved private road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which is occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this title for such building, use or development.

The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers or by street rights-of-way.

A lot which has at least two (2) contiguous sides abutting upon a street for their full length.

The percent of the lot covered with structures, paved areas, and other impervious surfaces.

The mean distance between the front and rear lot lines. In order to allow flexibility in determining lot depth for parcels of unusual configuration, lot depth can be measured by averaging side property lines or by measuring a straight perpendicular line extending from the front line to the rear lot line and passing through the building zone, subject to determination by the community development director or the director's designee. In no case would the perpendicular line passing through the building zone be less than the minimum lot depth standard.

A lot other than a corner lot.

The lines bounding a lot as herein described.

Any boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, the rear lot line shall be a line ten (10) feet in length within the lot, connecting the side lot lines and parallel to the front lot line.

A lot which is part of a subdivision or plat, an auditor's subdivision or a registered land survey; or a parcel of land not so platted, for which a deed has been recorded in the Dakota County recorder's office prior to October 19, 1972.

A lot where opposite lot lines abut two (2) parallel streets and which is not a corner lot.

The width measured along the front yard setback line.

Ash from combustion of mixed municipal solid waste (MSW) or refuse derived fuel at a waste combustor.

A cemetery developed with gravesite monuments that are flush with the ground surface.

Development of one tract of land that will include two (2) or more complementary and integrated uses. All uses will be approved under the planned unit development (PUD) process.

A school for children where the fundamental aim is self-education.

A building or use of land which does not conform to the regulations of the district or zone in which it is situated.

Solid waste generated from an industrial or manufacturing process; MSW incinerator ash; and solid waste generated from nonmanufacturing activities such as service and commercial establishments and chemical and debris contaminated soil from spills; property cleanup, and development activities. Nonhazardous industrial waste shall not include: office materials; restaurant and food preparation waste; discarded machinery; demolition waste; household waste; or hazardous waste.

Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area 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, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Any unoccupied space open to the sky on the same lot with a building.

A line delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

An area within a zoning district that has an additional set of restrictions governing permitted uses with the intent of preserving natural amenities or resources; or, an area within a district or subdistrict that permits a use or uses, based upon meeting specified criteria, which may not be allowed or permitted elsewhere in the district because of the absence of said criteria.

A recreation vehicle twenty-three (23) feet or more in length or six thousand five hundred (6,500) pounds or more in empty weight.

A motor vehicle which meets the criteria for "passenger" class registration and license plate as established by the Minnesota department of public safety.

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

An area to be planned, developed, operated and/or maintained as a single entity and containing one or more land uses or building types, which allows variances from the strict interpretation of this title in order to achieve other community or design objectives.

The main use to which the premises are devoted and the principal purpose for which the premises exist.

Any real property within the city which is privately owned and which is not "public property" as defined in this section.

Any waters of the state which serve a beneficial public purpose, as defined in Minn. Stat. 1976 § 103G.005. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated as protected waters for the purposes of shoreland management.

An official public meeting for which notice has been published in the official newspaper.

Any street or highway and includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

A notice placed in the official newspaper.

A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.

Any vehicle which meets the criteria for "recreation" class registration and license plate, DNR registration, or trailer registration used for conveyance of recreation vehicles as established by the Minnesota department of public safety, Minnesota department of natural resources, or this title, including, but not limited to: travel trailers, stock car trailers, campers, motor homes, tent trailers, vehicles converted to motor homes, boat trailers, snowmobiles, snowmobile trailers, boats, personal watercraft, all-terrain vehicles, and all-terrain vehicle trailers.

The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable material in a manner that precludes further use.

A street, alley or easement permanently established for the passage of persons and vehicles including the traveled surface of lands adjacent that are formally dedicated to such usage.

An outdoor area, not enclosed within a building, that may include allowed temporary structures, used for temporary display of merchandise for sale, which display is not the principal use of the property but is in compliance with the requirements of the zoning district in which it is located. Examples of such use include seasonal display and sale of Christmas trees, gardening or nursery products, consumer fireworks, or other similar goods.

The end result of a manufacturing process that will become a raw material for an establishment engaged in further manufacturing.

The minimum horizontal distance between a lot line and a building line or use.

Lands located adjacent to and within one hundred (100) feet of the OHWL of public water.

Lands located within one thousand (1,000) feet of the OHWL of a lake, pond or flowage and within three hundred (300) feet of a river or stream or the landward extent of a floodway designated by ordinance and the zoning map on such river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by topographic divides which extend landward from the OHWL for lesser distances.

Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; concrete diamond grinding and saw slurry associated with the construction, improvement, or repair of a road when deposited on the road project site in a manner that is in compliance with best management practices and rules of the pollution control agency; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal water pollution control act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.

A nonhazardous industrial waste that is not mixed municipal solid waste and is managed as a separate waste stream.

A nonhazardous industrial waste, consisting primarily of aluminum oxide, aluminum silicate and silica material.

A public thoroughfare which affords the principal means of access to abutting property.

The legal line of demarcation between a street and abutting land.

Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground.

The purpose or activity for which the land or building thereof is designed, arranged, or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this title.

A use which is permitted only if the PUD procedure is used and a plan is formally approved by the city.

A use which is unconditionally permitted in the district under which it is listed.

A government, nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land use for public purpose, or a use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but not be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes and gliders.

Any activity that will change or diminish the course, current, or cross section of a public water.

Swamps, marshes or drainage basins as defined in "U.S. Fish and Wildlife Circular No. 39" (1971 edition). For the purposes of shoreland/wetland regulations, wetland types 3, 4 and 5, of at least two and one-half (2.5) acres in size, will be regulated.

A required open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building line.

A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to the nearest line of the principal building. On a corner lot the narrowest street dimension shall be the front yard.

A side yard which is not adjacent to a street.

A yard extending along the full width of the rear lot line between side lot lines and extending from the abutting rear property line to the nearest line of the principal building.

A side yard which is adjacent to a street.

See definition of District. (Ord. 2024-04, 6-4-2024)

A tract of land primarily used for residential purposes on which crops and often livestock are raised but not as a principal source of income.

An accessory living space which is located within or attached to an existing residential dwelling. This living space should be accessible from within the principal structure.

The sale of goods or services located within the same building or on the same lot as the principal use and which supports or is cohesive with the principal use.

Refer to definitions in section 3-8-2 of this code.

The use of the land for agricultural purposes, including farming, dairying, pasturage, horticulture, storage, animal and poultry husbandry and accessory uses and buildings. The care and keeping of agricultural animals is also subject to the regulations for the care and keeping of animals within the city contained in title 7, chapter 4 of this code.

A structure meeting the definition listed in Minn. Stat. § 326B.103, Subd.3.

A booth or stall located on a farm from which farm products raised exclusively on that farm are sold to the general public.

The use of land in conjunction with research, testing, and marketing of agricultural activities. The uses may include those necessary accessory uses subordinate to the principal use including packing, treating or storing produce or raising livestock. The operation of the accessory uses may include laboratory, office and greenhouse activities subordinate to the research activity.

That portion of any communication equipment located on the exterior or outside of any structure used for continuous or standby transmission or reception of AM radio waves.

Any structure or premises on which more than five (5) dogs or cats over six (6) months of age are temporarily or permanently boarded, including animal day care/spa facilities. Veterinary clinics providing boarding as part of medical services are not included in this use.

A domestic animal is an animal or fowl that is typically accessory to occupancy in a principal dwelling such as a dog, cat, rabbit, or potbellied pig, and is tame or domesticated. Domestic animals of a smaller nature include gerbils, hamsters, guinea pigs, mice, birds, snakes, ferrets, and other similar animals maintained as pets and not for breeding purposes.

Non-domestic animals may consist of small caged animals and fowl such as falcons, pigeons, pheasants, quail, chickens, ducks, geese, and other small animals and fowl of this nature which are kept outside the dwelling and of such type and nature that state and national associations exist establishing norms for breeding, confining and rearing. Pygmy goats and miniature horses are not included.

A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above. The facility may also provide boarding for animals as part of medical services.

An establishment engaged in the creation or display of visual works of art.

A residential facility licensed by the state which provides services on a regular basis, such as personal services, twenty-four (24)-hour supervision, social activities, and health-related care and services, to individuals who require the assistance, but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

A building, land area, or other premises used or intended to be used for the retail dispensing or sale of vehicular fuels. Additional services provided may include, but are not limited to, the sale of automobile accessories, groceries, and household products. Major or minor auto repair is not included in this use.

Repair garages and specialty establishments for motorcycles, passenger automobiles and trucks of all sizes, such as machine, body and fender, auto glass, painting, radiator, transmission, and vehicle upholstery services. May also include repair of machinery and equipment.

Minor automotive servicing and replacement of parts, usually in the same day, for passenger automobiles and/or motorcycles not in excess of seven thousand (7,000) pounds gross weight. Services include, but are not limited to, engine tune up, lubrication, and tire, muffler, brake, and electrical services but shall not include any operation specified under "automobile repair, major".

An establishment or part of an establishment used primarily for the sale or dispensing of liquor for consumption on the premises.

Any premises used for the loading, unloading, storage, and distribution of barge cargo. This use includes barge loading facilities and barge slips, but does not include barge fleeting.

The keeping of bees in one or more colonies.

A facility that produces more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota Statutes, as may be amended, and may or may not include a brewer taproom.

A facility that produces not more than three thousand five hundred (3,500) barrels of malt liquor in a calendar year as regulated by Minnesota statutes, as may be amended, and may or may not include a brewer taproom.

A facility that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota Statutes, as may be amended, and may or may not include a brewer taproom.

A restaurant with a microbrewery or microdistillery use operated on the same premises as the restaurant.

A car wash wherein operating functions are performed primarily by an operator owner through the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator owner.

A car wash wherein the customer provides labor and where only limited self-propelled wash racks are provided.

A parcel of land intended for the burial of human dead. A marker or memorial is erected at each gravesite for permanent remembrance of the deceased. Cemeteries may include columbariums, crematories, mausoleums, mortuaries, and chapels when operated in conjunction with and within the boundary of such cemetery.

The keeping of chickens.

A facility that generates electricity and useful thermal energy in a single, integrated system. Also known as cogeneration, or cogen, plants.

Any structure, land, or combination thereof designed or arranged for the breeding of animals for sale purposes.

An establishment that is primarily engaged in the production and/or wholesaling of baked goods, but where retail sales are prohibited.

A group of unified commercial establishments located on a single land parcel and consisting of not less than two (2) distinct business entities which share or jointly use parking facilities.

A structure or designated area used for celebration, weddings, ceremonies, receptions, corporate functions, or similar activities for the benefit for someone other than the property owner that takes place on an occasional basis. This does not include uses accessory to single-family uses, such as private parties, gatherings and similar activities.

An establishment conducted within or without an enclosed building for the growth, display, and sale of trees, shrubs, flowers, and other plants for wholesale to retailers and jobbers. Exterior storage and accessory sales are prohibited.

A use where horses and ponies owned or used by someone other than the property owner are boarded in exchange for compensation.

Indoor facilities operated as a business and which are open to the public for a fee that shall include, but are not limited to, billiard parlors, skating rinks, inflatable domes or structures, indoor swimming pools, bowling alleys, movie theaters, arcades, health clubs, reception halls, and other similar businesses. Such businesses may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.

Outdoor facilities operated as a business and which are open to the public for a fee that shall include, but are not limited to, golf courses, outdoor swimming pools, amusement parks, and other similar businesses. Such facility may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.

A piece of land gardened or cultivated by a group of people individually or collectively.

The controlled biological decomposition and management of selected solid waste to produce an innocuous, humuslike material, which can be used as a soil conditioner.

A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials customarily required in the building trades by a construction contractor.

A facility that accepts and disposes of construction debris and industrial waste in accordance with permits and plans approved by the State of Minnesota, Dakota County, and all other applicable local, State, and Federal laws.

A temporary use or structure related to construction activities on the same site. This use may consist of construction-related trailers, mobile structures used for construction offices and storage, batch plans, and temporary offices to replace permanent facilities being reconstructed.

A residential facility or complex which provides a variety of senior living choices, from independent living to long-term care, with a goal of helping residents to age in place.

A facility used primarily for the storage, management, processing, and transmission of digital data which houses computer or network equipment, systems, services, appliances, and other associated components related to digital data storage and operations.

A state-licensed facility other than a private residence that provides for the care of children and adults during only part of a twenty-four (24)-hour day. This term includes nursery schools, preschools, day care facilities, and other similar uses but excludes public and private schools or any facility offering care of individuals for a full twenty-four (24)-hour period.

A dwelling unit where a resident of the dwelling is providing care under Minnesota Rules 9502 for up to 14 children.

A facility that produces distilled spirits as regulated by Minnesota Statutes, as may be amended.

A facility that produces not more than forty thousand (40,000) proof gallons of distilled spirits in a calendar year as regulated by Minnesota statutes, as may be amended.

An accessory use, structure, or portion of a principal structure where patrons may purchase products or receive service without having to leave their motor vehicle (and enter a building).

A residential building consisting of five (5) or more independent dwelling units, but sharing hallways and main entrances and exits.

A building designed for one or more dwelling units as well as non-residential uses that are permitted in the zoning district, with all dwelling units sharing a joint entrance from the outside.

A single residential unit which is located within a larger residential structure containing three (3) or more units and which is separated from the adjoining dwelling unit(s) by at least one common wall. Each unit shall have separate and individual entrances. Each dwelling may be located on its own individual lot or on a common lot containing all of the attached units.

A cluster of single-unit dwellings in the form of smaller houses, arranged around a shared courtyard or open space that is typically perpendicular to the street. The shared courtyard takes the place of individual rear yards and becomes an important community-enhancing element of this housing type.

A dwelling unit used jointly for both residential and commercial uses.

A structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on the site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; except that the term herein includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the state of Minnesota and complies with the standards established under this title.

A site-built or factory-built residential structure containing one dwelling unit on a single lot and which is not attached to any other dwelling unit by any means, including roof, wall, or floor.

A dwelling which is joined to one other dwelling at one or more sides by a common wall or walls, each unit on a separate lot, and each unit having at least two (2) walls exposed to the outdoors.

A single residential structure on a single lot which contains two (2), three (3), or four (4) separate dwelling units.

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Educational services, excluding elementary and secondary schools, as part of a multi-tenant or mixed-use building, including arts and crafts, dance and music instruction and self-defense and similar individual or small group educational services.

Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, water pumping or storage facilities, gas regulation stations, sewer lift or pumping facilities, traffic signals, hydrants, electrical substations and switching stations, or other associated equipment and accessories in conjunction therewith, including associated equipment enclosure buildings (but not including any other buildings or commercial use antenna towers), which systems are owned and operated by public utilities or by municipal or other governmental agencies for the purpose of providing an essential service to the public.

A winery operated by the owner of a Minnesota farm with a majority of the ingredients produced on the premises as regulated by Minnesota statutes, as may be amended, and may or may not include associated event spaces, retail, and restaurants without drive-through facilities.

A building or part thereof used for human funeral services. Such building may contain space and facilities for:

1.   Embalming and the performance of other services used in preparation of the dead for burial:

2.   The performance of autopsies and other surgical procedures;

3.   The storage of caskets, urns, and other related funeral supplies;

4.   The storage of funeral vehicles;

5.   Facilities for cremation; and

6.   A funeral chapel or other area used for the performance of funeral ceremonies, mourning, and viewing of the deceased.

Any establishment within an enclosed building which is engaged in the repair of consumer goods such as furniture, jewelry, watches, clocks, radios, small electronics, and televisions. Repair of vehicles or industrial equipment is not included.

A private building or structure constructed chiefly of glass, glasslike or translucent material which is devoted to the protection or cultivation of flowers or other tender plants.

An establishment which provides physical fitness facilities and services to the public for a fee, including but not limited to; game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail shop intended for members of the club only.

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.

An establishment providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.

A building containing eight (8) or more guestrooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

A service business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. This use may include limited outdoor storage of equipment and materials.

A facility that provides meals, lodging, and nursing care to two (2) or more individuals due to illness, age, or infirmity. Long-term care facilities include skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent care, and other transitional care facilities.

Any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. Also referred to in this title simply as "park".   

1.   APPURTENANCE: The visible, functional, or ornamental objects accessory to and part of a building.

2.   CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location, and potential costs of adequate replacement rental sites within a twenty-five (25)-mile radius of the manufactured home park that is closing and the probable relocation costs of the manufactured homes located in the park to other parks within the twenty- five (25)-mile radius.

3.   DISPLACED RESIDENT: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including members of the resident's household, as of the date the park owner submits a closure statement to the city community development department.

   b.   Transportation to Another Site: Reasonable costs incurred to transport the eligible manufactured home and any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park to another manufactured home park within a twenty-five (25)-mile radius. This category also includes the cost of insuring the manufactured home while the home is in the process of being relocated, and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category does not include the cost of moving personal property separate and distinct from the mobile home and separate and distinct from the appliances and appurtenances of the mobile home.

   c.   Hookup at a New Location:

      i.   The reasonable cost of connecting the eligible manufactured home to utilities at the relocation site, including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home.

      ii.   Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located, and the resident was notified of noncompliance with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement.

The production and sale on the premises of hand manufactured products involving only the use of hand tools and domestic mechanical equipment.

An establishment or use of land that manufactures, assembles, or fabricates using processes that generally create odor, noise, vibration, illumination or particulates that may impact surrounding properties. This category shall also include any use of land that needs large outdoor structures or storage that cannot be incorporated into the building. Examples include, but are not limited to the following: large-scale food and bottling operations; lumber, milling and planning facilities; grain milling; gas manufacture, aggregate, concrete, and asphalt plants; foundries, forge shops, and other intensive metal fabrication; and chemical manufacturing.

An establishment or use of land for the assembly or processing of previously processed components or manufactured parts using processes that do not create significant amounts of noise, vibration, illumination, or particulates that may impact surrounding properties. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples include but are not limited to the following: food; pharmaceuticals; clothes; furniture (where wood is milled off-site); hardware; toys; light sheet metal products; mechanical components; printing; small vehicle assembly; and computer software.

A facility used primarily for the provision of outpatient medical, dental, chiropractic, therapeutic, optometric or mental health care and treatment.

The extraction of sand, gravel, rock or other such material from the land.

1.   ASPHALT PLANT: A facility used to manufacture asphalt or other forms of coated road stone, sometimes known as blacktop. This facility allows the combination of a number of aggregates, sand, and filler, in the correct proportions, heated and finally coated with a binder. Increasingly, recycled asphalt or aggregate products (RAP) are used as part of the mix.

11.   FLOATING DREDGE (DREDGING): An activity of mining that is carried out underwater with a machine equipped to excavate material from underwater and bring it to shore where they can be processed into construction grade aggregates.

19.   PRECAST/CAST CONCRETE PRODUCTS: Products such as bridge beams or plank, concrete pipe or culverts that are cast at a facility and later transported to a specific construction site after a proper curing time has been achieved.

28.   TON OF MATERIAL: A U.S. short ton (2,000 pounds) of material.

29.   TOPSOIL: The upper outermost layer of soil, usually in the top two (2) to eight (8) inches. It has the highest concentration of organic matter and is where most of the earth's biological soil activity occurs.

30.   TRUCK SCALE: A platform device that a truck will drive onto for weighing to ensure that the truck is of legal weight and/or dimension.

31.   WASHING/WASH PLANT: A machine into which sand and gravel is conveyed, separated by size, washed, dewatered, and then sent to stockpiles for load out.

32.   WET MINING: Mining and excavation area that will take place below the ground water table.

A food service operation as defined in section 3-10-2 of this code.

A building or group of attached or detached buildings under common ownership containing eight (8) or more guest or sleeping rooms which is used or intended to be used primarily for the accommodation of transient automobile travelers. This term shall include buildings designated as auto courts, tourist courts, motor courts, motor hotels and similar names.

An area of land, water or any building in which social and cultural events, teen center, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent.

Any area or parcel of undeveloped land which remains in its natural state in perpetuity through deeds or other legal means.

A facility that accepts and land disposes of only nonhazardous industrial waste. The facility may accept nonhazardous industrial liquid waste if such liquids are processed to ensure no free liquids are land disposed. A facility shall include containment cells and all other appurtenances necessary for its operation.

An establishment used primarily for conducting the predominantly administrative or clerical service affairs of a business, profession, service, industry or government, or like activity. This use may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child care facilities.

Any establishment including but not limited to plumbing, installation, electrical, or IT services where services are rendered off of the premises of the primary business location.

A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.

A specified outdoor area for dining which is accessory to a principal restaurant or food service establishment use.

Sales or the arrangement of the products a business sells outside of the building the business occupies.

Functioning structures such as conveyor belt systems, cooling towers, storage silos, or similar that are accessory and integral to the principal use of the site.

The storage of personal or business property for a period greater than twenty-four (24) hours outside of an enclosed building.

An area of land developed and maintained for active and/or passive recreational pursuits, including tot-lots, playgrounds, neighborhood parks, play fields, and special purpose areas.

Building(s) or structure(s) which by design, construction, and/or adaptation are primarily intended for the conducting of organized religious services and associated accessory uses such as daycares or nurseries.

Structures or land involved in the staging, creation, and/or production of motion pictures, radio or television shows, and recording and broadcast facilities.

An establishment or use to which members of the general public are invited, induced, or permitted to attend. Public assembly uses may include but is not limited to, art gallery, museum, club or lodge, governmental service building, auditorium, civic or community center, conference or convention center, or live performance facilities.

A structure or use which provides services available to the public and managed by public entities including but not limited to libraries, city offices, auditoriums, civic centers, and public administration buildings.

A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.

An indoor or outdoor public complex or destination designed and equipped for the conduct of sports and leisure-time activities. This facility may include swimming pools, tennis courts, or other similar uses associated with a designated recreation area. This use includes related accessory buildings and structures.

A private area or facility intended to serve the recreational needs of a specific residential population. Private recreational amenities include but are not limited to: tennis courts, walking trails, basketball courts, or playground equipment.

Any vehicle which meets the criteria for "recreation" class registration and license plate, DNR registration, or trailer registration used for conveyance of recreation vehicles as established by the Minnesota department of public safety, Minnesota department of natural resources, or this title, including, but not limited to: travel trailers, stock car trailers, campers, motor homes, tent trailers, vehicles converted to motor homes, boat trailers, snowmobiles, snowmobile trailers, boats, personal watercraft, all-terrain vehicles, and all-terrain vehicle trailers.

An area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron, and other metals, paper, rags, bottles and lumber. Recycling operation shall not include businesses that use recycled materials to manufacture a finished product.

An in-home residential facility licensed by the state which provides primarily non-medical care to individuals who are in need of personal assistance to manage the activities of daily life or for the protection of the individual.

An establishment where food and drink are prepared and served for human consumption, principally within the establishment or for take-out to be consumed off-premises. Alcohol sales may be permitted with this use. This use includes sit-down and fast casual establishments.

A residential settlement established on or contiguous to the grounds of a religious institution's primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers.

A mobile residential dwelling providing permanent housing within a sacred community.

The temporary use of a dwelling unit or other structure within a residential development project as a sales or rental office for the units within the same development.

An apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit.

A building used for the purpose of public or private elementary education, including special needs education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

A building or area of land used for the purpose of public or private post-secondary education, including but not limited to colleges, universities, and trade or business schools.

A building used for the purpose of public or private secondary education, including special needs education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

Any area, lot, land, parcel, building or structure, or part thereof used for the storage, collection, processing, purchase, sale, salvage, or disposal of scrap, waste, reclaimable material, or debris.

A building or group of buildings consisting of two (2) or more individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

A dwelling, or portion thereof, that is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than thirty (30) consecutive days.

A building, structure, or part thereof used for the display of merchandise or equipment and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse.

A solar collector or other device mounted on the ground or on a building, pole, or rack whose primary purpose is to harvest energy by transferring solar energy into another form of energy.

An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g. candy, coffee, ice cream) for consumption on or off premises. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.

A facility that accepts and land disposes of only spent bauxite. A facility shall include containment cells, leachate collection systems, monitoring systems and other appurtenances necessary for its operation.

A detached structure fifty thousand (50,000) square feet or greater in gross floor area where goods are sold.

A detached structure under fifty thousand (50,000) square feet in gross floor area where goods are sold.

A detached structure where services are sold or provided.

The storage and sale of machinery and equipment, including but not limited to trailers, motorcycles, boats, and farm implements.

A constructed or pre-fabricated in-ground or above-ground structure over twenty-four (24) inches deep and containing more than five thousand (5,000) gallons of water designed or used for recreational purposes including swimming, diving and bathing.

A facility involved in scientific research, investigation, testing, or experimentation, but not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.

A retail establishment dedicated to the sale of tobacco, tobacco products, or associated smoking devices and accessories as its primary source of income.

An outdoor area, not enclosed within a building, that may include allowed temporary structures, used for temporary display of merchandise for sale, which display is not the principal use of the property but is in compliance with the requirements of the zoning district in which it is located. Examples of such use include seasonal display and sale of Christmas trees, gardening or nursery products, consumer fireworks, or other similar goods.

Any structure, area, or transit facility that is primarily used as part of a transit system for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another.

Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted. Primary activities include the dispensing of motor fuel and the sale of accessories or equipment for trucks and similar commercial vehicles but may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses.

A building or area in which freight brought by truck is assembled and/or temporarily stored for re-routing or re-shipment. The terminal facility may also include storage and/or parking areas for truck tractor and/or trailer units.

Any land or buildings, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition. Leasing of vehicles is also included in this use.

An establishment engaged in the storage and distribution of manufactured products, supplies, and equipment.

A facility that treats solid waste after collection and before disposal. Processing includes, but is not limited to, reduction; storage; separation; exchange; resource recovery; physical, chemical, or biological modification; and transfer from one waste facility to another.

A facility in which collected solid waste from any source is temporarily stored, concentrated or deposited to await subsequent transportation.

An establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.

An area involved in the preservation and production of both animal and plant life. This use includes but is not limited to game farms and fish hatcheries. (Ord. 2024-04, 6-4-2024; amd. Ord. B-315, 9-17-2024)

A ground source heat pump, wind or solar energy system.

A solar energy system that provides electric power to multiple users residing or located off-site from the location of the solar energy system.

An active solar energy system that converts solar energy directly into electricity.

A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy.

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

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

A solar energy system whose primary purpose is to harvest energy by transferring solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means.

A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices.

A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building.

A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

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

A solar energy system mounted directly or abutting the roof of a principal or accessory building.

A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of wholesale sales of generated electricity.

A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

The flood having a one-percent (1%) chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, part 6120.5000.

The elevation of the base flood, regional flood, or one-percent (1%) annual chance flood. The term "base flood elevation" is used in the flood insurance study.

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

An open type of fence of posts and horizontally run wire, further specified in Minn. Stat. § 344.02 Subd. 1(a - d).

The portion of the one-percent (1%) annual chance floodplain located outside of the floodway.

An official map of a community, 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).

The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot.

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

A vehicle that is built on a single chassis, is four hundred (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. Those vehicles not meeting this definition shall be considered a structure for the purposes of this title. For the purposes of this title, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

An elevation no lower than one foot (1') above the elevation of the base flood plus any increases in water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.

A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in Section 4.40, shall also be considered a nonconforming structure for the purposes of this title.

Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. Examples include: swimming pools, saunas, detached garages, and storage sheds.

A facility as defined by Minnesota Rules, part 7020.0300.

A topographic feature such as a hill, cliff, or embankment having the following characteristics:

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

2.   The slope must drain toward the waterbody;

3.   The slope rises at least twenty-five (25) feet above the ordinary high water level; and

4.   The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater (see Figure 1), except that an area with an average slope of less than eighteen percent (18%) over a distance of at least fifty (50) feet shall not be considered part of the bluff (see Figure 2).

The lower point of a fifty (50)-foot segment with an average slope exceeding eighteen percent (18%) or the ordinary high water level, whichever is higher.

For the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a fifty (50)-foot segment with an average slope exceeding eighteen percent (18%). See Figure 3.

A facility as defined by Minn. Stat. § 103G.245.

A vegetative feature as defined by Minn. Stat. § 103F.48.

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

A lot used to access public waters or as a recreation area for owners of nonriparian lots within the same subdivision containing the controlled access lot.

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

The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

The commissioner of the Department of Natural Resources.

A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

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

A dwelling structure on a single lot, having two (2), three (3), and four (4) units, respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

A designated location for residential use by one (1) or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.

Any increase in a dimension such as number of units or size, area, volume, or height of an existing structure or accessory structure or facility.

The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minn. Stat. §§ 93.44 to 93.51.

The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

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

The vertical distance between the highest adjoining ground level at the building or ten (10) feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof (see Figure 4).

A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces.

Making an existing structure or accessory structure or facility of better quality, more efficient, or more aesthetically pleasing, that does not replicate what pre-existed, but does not include an expansion, enlargement, or intensification.

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

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

A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.

The minimum distance between:

1.   Side lot lines measured at the midpoint of the building line; and

2.   Side lot lines at the ordinary high water level, if applicable (see Figure 5).

Upkeep or preservation of an existing structure or accessory structure or facility against normal wear and tear or degradation over time that does not change exterior dimensions. Examples include the rehabilitation or replacement of windows, siding, a roof, or exterior finishes such as paint or stain.

"Metallic minerals and peat" has the meaning given under Minn. Stat. §§ 93.44 to 93.51.

Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written.

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 flowages, the ordinary high water level is the operating elevation of the normal summer pool.

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

Any water as defined in Minn. Stat. § 103G.005, Subd. 15, 15a.

Reconstruction of part or all of an existing structure or accessory structure or facility that closely matches or replicates the preexisting structure or facility.

A use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites.

Has the meaning in Minn. Stat. § 103F.227.

The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

Has the meaning given under Minnesota Rules, part 7080.1100, Subp. 82.

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

Land located between the ordinary high-water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the structure setback (see Figure 6).

Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities.

Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stat. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, which are not bluffs.

Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

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

An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.

Means the same as that defined in Minn. Stat. § 394.27 Subd. 7 (for counties) or § 462.357 Subd. 6 (2) (for municipalities).

A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minn. Stat. § 103G.245 are not a water-oriented accessory structures.

The use of land for commercial, industrial, public or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of uses typically found in shoreland areas.

Has the meaning given under Minnesota Rules, part 8420.0111. (Ord. 2024-04, 6-4-2024)

An area designated to provide ingress and egress to public waters.

Having a boundary that physically touches or adjoins.

A use having the meaning given under Minn. Stat. § 40A.02.

Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas.

The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater.

A natural topographic feature having:

1.   A slope that rises at least twenty-five (25) feet where the grade of the slope averages eighteen percent (18%) or greater, measured over any horizontal distance of twenty-five (25) feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 5.1; or

A line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. See Figure 5.2 for natural escarpment or cliff example and Figure 5.3 for more common bluff example.

A line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds eighteen percent (18%) and the slope below the line is eighteen percent (18%) or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 5.2 for natural escarpment or cliff example and Figure 5.3 for more common bluff example.

A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds eighteen percent (18%) and the slope above the line is eighteen percent (18%) or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 5.2 for natural escarpment or cliff example and Figure 5.3 for more common bluff example.

The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas.

A structure with two (2) or more outside rigid walls and a fully secured roof and affixed to a permanent site.

A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection.

The commissioner of the Minnesota Department of Natural Resources.

A use having the meaning given under Minn. Stat. chapters 394 and 462.

A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space.

A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design.

A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

Having the meaning given under Minn. Stat. § 116G.03.

Having the meaning given under Minn. Stat. § 116G.03.

An action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings.

Having the meaning given under Minnesota Rules part 6115.0170.

Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minn. Stat. § 216E.

Underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minn. Stat. § 115.01, electric power facilities or transmission services.

Having the meaning given for animal feedlots under Minnesota Rules chapter 7020.

Having the meaning given under Minnesota Rules chapter 6120.

The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed.

A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans.

An archaeological site, standing structure, site, district, or other property that is:

1.   Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minn. Stat. chapter 471;

2.   Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or

3.   An unplatted cemetery that falls under the provisions of Minn. Stat. chapter 307, in consultation with the Office of the State Archaeologist.

A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces.

The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block.

A use having the meaning given under Minn. Stat. chapters 394 and 462.

An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances.

Counties, cities, and townships.

Having the meaning given under Minnesota Rules chapter 6120.

The shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 5.4.

Having the meaning given under Minnesota Rules part 6115.0170.

The area within the River Corridor Boundary.

Having the meaning given under Minnesota Rules part 6115.0170.

A plant community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency.

A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans.

Any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater.

Having the meaning given under Minn. Stat. § 394.22.

Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining.

Those signs that direct attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located.

Having the meaning given under Minn. Stat. § 103G.005.

A zoning district applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain.

Having the meaning given under Minn. Stat. § 116G.03.

A constructed hard surface located at ground level with no railings and open to the sky.

A roofed structure open on all sides, accessory to a recreational use.

A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development.

Having the meaning given under Minn. Stat. §§ 505 and 515B.

A water transportation complex established and operated under the jurisdiction of a port authority according to Minn. Stat. chapter 458.

Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans.

Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs.

An engineer licensed to practice in Minnesota.

Public utilities, public transportation facilities, and public recreational facilities.

Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation.

Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter of the comprehensive plan.

All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways.

Electric power facilities, essential services, and transmission services.

Having the meaning given under Minn. Stat. § 103G.005.

Land and development that are easily seen from the ordinary high water level of the opposite shore during summer months.

A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring.

A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.

Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion.

The boundary approved and adopted by the Metropolitan Council under Minn. Stat. § 116G.06, as approved and adopted by the legislature in Minn. Stat. § 116G.15, and as legally described in the State Register, volume 43, pages 508 to 518.

The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities.

The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover.

A separation distance measured horizontally.

Land located between the ordinary high water level of public waters and a line parallel to it at a setback of fifty percent (50%) of the required structure setback or, for agricultural use, fifty (50) feet landward of the ordinary high water level. See Figure 5.5.

Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.

A natural topographic feature with an average slope of twelve (12%) to eighteen (18%) percent, measured over a horizontal distance equal to or greater than fifty (50) feet, and any slopes greater than eighteen percent (18%) that are not bluffs.

Facilities for the collection, conveyance, treatment, or disposal of storm water.

A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances.

Having the meaning given under Minn. Stat. § 462.352.

Having the meaning given under Minnesota Rules, part 7080.1100.

1.   Electric power lines, cables, pipelines, or conduits that are:

   a.   Used to transport power between two points, as identified and defined under Minn. Stat. § 216E.01, Subd. 4; or

   b.   For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two (2) points; and

2.   Telecommunication lines, cables, pipelines, or conduits.

The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage.

Having the meaning given under Minn. Stat. § 394.22.

A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.

A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios.

Land within the shore impact zone or within fifty (50) feet of the OHWL of the river, whichever is greater, and land within fifty (50) feet of a public water, wetland, or natural drainage route.

Having the meaning given under Minn. Stat. § 103G.005.

Having the meaning given under Minnesota Rules, part 6115.0170. (Ord. 2024-04, 6-4-2024)

Attention getting devices which resemble flags and are of a paper, cloth or plastic like consistency.

A rectangular piece of fabric of distinctive design which is mounted on a pole that is used as a symbol (as a nation), signaling device (nautical), or attention getting device (advertising, commercial or noncommercial).

The height of a sign shall be measured from the centerline of the street or highway toward which the sign is principally displayed to the top of the sign.

IDENTIFICATION SIGN:

A sign which displays only the name, address and title of an occupant or the name and address of a building or development.

NIT:

A measure of luminance equal to the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter).

PENNANT:

A flag or banner which tapers to a point.

SIGN:

Any letter, work, symbol, model, printed, projected or affixed device, poster, picture, reading matter, or other representation in the nature of an advertisement, announcement, direction or informative device including structural and component parts.

SIGN AREA:

The area of a sign includes the space inside a continuous line drawn around and enclosing all letters, designs and background materials exclusive of border, trim and structural supports. For the purpose of calculating the area of multiple faced or back-to-back signs, the stipulated maximum sign area shall refer to a single face.

SIGN, CHANGEABLE COPY:

A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure.

SIGN, DYNAMIC:

Any sign, except official signs, with characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.

A directly or indirectly illuminated sign or portion thereof 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.

Any sign that is attached directly to the ground or is supported vertically by any structure having a source of support independent of any building existing on the premises on which the sign is located.

Any sign lawfully in existence on the effective date hereof or any sign lawfully in existence on the date of any amendment to this chapter which does not conform to the regulations affecting signs for the district in which the sign is situated.

A sign that does not advertise products, goods, businesses, or services and that expresses an opinion or other point of view.

Any sign which does not conform to the regulations of this chapter.

A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this title, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign.

Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.

Any sign that directs attention to the name of the building, premises, or to the name of the building management firm, or to the business, principal product, service, entertainment, or activity conducted, sold or offered upon the premises on which such sign is located or to noncommercial speech.

A sign so designed as to be movable from one location to another, and which is not permanently attached to the ground, sales display device or structure.

Any sign which is affixed to the outside of the exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit.

Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

A sign or portion of a sign which turns about on an axis.

Searchlights shall be considered signs if they announce, direct attention to, or advertise business, professional, commodity, service or entertainment activities.

A sign which reflects an oscillating sometimes distorted visual image.

A portable sign for temporary placement on a sidewalk in the public right-of-way, intended for a building or business located adjacent to the right-of- way with no front yard or a front yard that will not accommodate a permanent freestanding sign as permitted by this title.

A sign, banner, pennant, portable changeable copy sign, portable sign, searchlight sign, or similar device designed and/or displayed to promote brief business, professional, commodity, service or entertainment activities such as, but not limited to, grand openings, sales, or special promotions or events.

A sign that displays only current time and temperature information.

A sign which is affixed to the exterior wall, mansard roof or soffit of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.

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

Speech dissemination of messages not classified as commercial which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. (Ord. 2024-04, 6-4-2024)

The horizontal extension of a tree's branches and foliage in all directions from its trunk and upper layer of green crown.

A woody plant bearing seeds and cones oftentimes, but not always, retaining foliage throughout the year.

Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of site preparation, grading, building construction or any other construction activity.

A woody plant which has a defined crown, and which loses leaves annually.

Any person or entity who undertakes to improve a parcel of land, by platting for the purposes of establishing two (2) or more dwelling units, or grading which requires a grading permit.

Every two (2) feet in height of a coniferous tree is equivalent to one (1) caliper inch of diameter.

The length of a straight line measured in caliper inches through the trunk of a tree at four and one-half (4.5) feet above the ground.

An imaginary vertical line which extends from the outermost branches of a canopy to the ground.

A person holding at least a Bachelor's Degree in Forestry from an accredited four (4) year college of forestry or any official appointed by the city.

Includes ironwood, catalpa, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and basswood.

Average or better condition and vigor for area as may be determined by the forester.

A healthy hardwood deciduous tree measuring equal to or greater than twenty-seven (27) inches in diameter or a healthy coniferous evergreen tree greater than fifty (50) feet in height.

A person licensed by the state of Minnesota as a landscape architect.

A piece of property that is being platted for the purpose of establishing urban residential use with two (2) or more dwelling units or is being improved by grading which requires a grading permit. This definition does not apply to agricultural lot splits or to public street/utility projects.

A person licensed by the state of Minnesota as a nurseryman.

The owner of a buildable property who is constructing or expanding a dwelling or a business on that property.

A healthy deciduous hardwood tree measuring a minimum of six (6) caliper inches in diameter, a healthy softwood deciduous tree measuring a minimum of twelve (12) caliper inches, or a healthy coniferous tree measuring a minimum of twelve (12) feet in height.

Includes cottonwood, poplars/aspen, box elder, willow, silver maple and elm. (Ord. 2024-04, 6-4-2024)