(a)

The city's development regulations as set forth in this part are adopted to protect and promote the public health, safety and welfare of its residents and are intended to implement the policies of the city's comprehensive guide plan and are intended to help achieve the following objectives:

(1)

To maintain the high quality of life within the community by promoting investment and re-investment in the community.

(2)

To provide opportunities for reuse, reinvestment and redevelopment that increases the city's employment and service base.

(3)

To preserve and protect the city's natural resources through standards that promote sustainable land use and development.

(4)

To stabilize and improve existing land uses, commercial and business centers, neighborhoods, and property values by minimizing conflicts, harmonious influences and harmful intrusion.

(5)

To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial for the city as a whole.

(6)

To balance the demand for support services with the ability of the city to efficiently utilize and/or expand the existing utilities, streets, etc.

(7)

To establish development patterns which encourage suitable density transitions from the less intense areas to those of higher intensity and prevent undue concentrations of population.

(8)

To protect all districts from excessive noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.

(9)

To provide a mechanism to safeguard a property owner's desire for and investment in alternative energy sources, be they active or passive.

(10)

To stage development and redevelopment in a manner that coincides with the availability of public services.

(11)

To provide housing choice by permitting a variety of housing types, costs and ownership options.

(12)

To provide for adequate light, pure air, safety, from fire and other danger.

(b)

The provisions of this chapter are intended to apply to all chapters of this part (chapters 101 through 115), unless otherwise specifically provided.

(Prior Code, § 201.010)

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

Accessory apartment means a clearly secondary dwelling unit created within an owner-occupied, single-family dwelling and meeting the permit requirements of this part.

Accessory building means an attached or detached subordinate building, or a portion of the main building, the use of which is incidental to that of the main building or to the use of the premises, with the exception of enclosed porches. Examples include, but are not limited to, garages, storage sheds and gazebos.

Accessory building, attached, means an accessory building that has a contiguous foundation, roof, floor or wall system connected to the main building.

Accessory building, detached, means an accessory building that is separated from the principal structure by at least six feet with no connecting structures except for at-grade sidewalks or pathways.

Accessory structure means a subordinate structure, or a portion of the main structure, the use of which is incidental to that of the main structure or to the use of the premises. Examples include, but are not limited to, deck, fencing, and landscape features, such as a pergola.

Accessory structure, water-oriented, means a small, above-ground building or structure which, because of its relationship to the use and enjoyment of a public water, is permitted to be located closer to the water than the required structure setback. Examples of such structures include boathouses, storage sheds, patios, screen porches/gazebos, and detached decks. Stairways, fences, retaining walls, docks and dock sections, and boatlifts are not included in this definition.

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

Affordable housing means housing, if affordable when no more than 30 percent of the gross income of the household is required to pay for such housing and utility costs, fees and charges.

Affordable rents means affordable rent and utilities as part of the inclusionary housing policy will be based on the higher of the HUD fair market rents for the metropolitan statistical area or, if applicable, the multifamily tax subsidy projects (MTSP). Income limits are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits or tax-exempt housing bonds authorized under the Internal Revenue Code, as adjusted annually.

Agriculture means the cultivation of the soil and all activities incident thereto, except that the term "agriculture" shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry and fur-bearing animals.

All-terrain vehicle means a motorized floatation-tired vehicle of not less than three low-pressure tires, but no more than six tires, that is limited in engine displacement of not less than 800 cubic centimeters and a total dry weight less than 600 pounds.

Alley means a minor way providing secondary vehicular access to the side or rear of two or more properties abutting on a street.

Amusement center means any location, establishment owning, operating, maintaining or keeping six or more electrical and mechanical devices.

Ancillary uses means uses that are subordinate to the principal and accessory uses on the property, including, but not limited to, recreational structures, fire pits, laundry-drying equipment and play equipment.

Animal, domestic, means animals kept within the home as pets, such as fish, dogs, cats, household birds, and similar animals.

Animal, non-domestic, means animals which are kept outside the home for purposes of food or pleasure such as cattle, hogs, horses, bees, sheep, goats, llamas, chickens (Gallus gallus domesticus), birds, such as emus and pigeons, and similar animals.

Animal, wild, means any animal, reptile or amphibian which is of a species not usually domesticated; or of a species which, due to size, wild nature or other characteristics, may be dangerous to humans; or would ordinarily be confined in a zoo or found in the wild. The term "wild animal" includes, but is not limited to:

(1)

Animals and birds, the keeping of which is licensed by the state or federal government, such as wolves, pheasants, and raptors, such as eagles, falcons, hawks, and owls.

(2)

Weasels, wild ferrets, badgers, deer and bison.

(3)

Crossbreeds of wild animals and domesticated animals, such as the cross between dogs and coyotes and dogs and wolves.

(4)

All members of the Felidae family, including, but not limited to, lions, tigers, cougars, leopards, ocelots, cheetahs, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association.

(5)

Any member of the Canidae family, such as wolves, foxes, coyotes, dingoes, and jackals, except domesticated dogs.

(6)

Any poisonous or venomous animal such as a rattlesnake, coral snake, water moccasin, puff adder, cobra, Gila monster or golden frog.

(7)

Any snake or reptile which by its size, vicious nature or other characteristic may be dangerous to human beings.

(8)

Any skunk, or raccoon whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies.

(9)

Bears.

(10)

All nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.

(11)

Any other animal, bird, or reptile which is commonly considered wild.

Antenna means any device or equipment designed for transmitting or receiving light, sound or electronic signals, which is located on the exterior of, or outside of, a building or structure and which is or could be attached to a tower.

Approved, as applied to material, device or method of construction, means approved by the city manager or their designee under the provisions of this part, or approved by other authority designated by law to give approval in the matter in question.

Area median income (AMI) means the median household income as most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington Metropolitan Statistical Area, as adjusted for household size and number of bedrooms.

Arterial, minor, means streets as designated in the comprehensive guide plan that are intended to connect cities with adjacent communities and the regional highway system.

Arterial, principal, means streets as designated in the comprehensive guide plan that have regional or nationwide significance because they connect metropolitan centers with one another and connect major business concentrations to another.

Authorizing body means the city council, planning commission, board of adjustments and appeals, or city manager or authorized to grant a permit based on the provisions of this part.

Auto rental and service facility means buildings and premises used to rent passenger vehicles including automobiles, light trucks and vans. Said premises may be used to store, clean, refuel and perform incidental servicing of vehicles associated with the automobile rental facility. No servicing of vehicles is offered to the general public.

Automobile body repair and painting means motor vehicle rebuilding or reconditioning, including body, frame or fender straightening and repair, painting and vehicle steam cleaning.

Automobile service stations means a place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. Services may include greasing and oiling, the sale of automobile accessories on the premises, and replacement of parts and motor services, including general repair, and the rebuilding or reconditioning of engines.

Awning means a temporary hood or cover which projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building.

Basement means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualified as a first story as defined herein.

Bed, of lake or stream, means the land at or below the ordinary high-water level on water bodies defined as "protected" by the state department of natural resources.

Billboard. See Sign, off-premises advertising.

Block means an area of land within a development that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river, lake or rail line.

Bluff. See Slope, bluff.

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

Boat means any contrivance used or designed for navigation on water.

Boathouse means a structure with a foundation designed for and capable of housing a boat.

Boat lift means a structure used to lift a boat out of the water and which may have a canopy.

Board of adjustments and appeals means the planning commission, which serves as the board of adjustments and appeals.

Buildable area means the area of a lot contained within the front, side and rear setbacks.

Building means any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building.

Building code means the building code of the city, including the fire code.

Building facade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

Building setback line means a line located parallel to and a specified distance from a lot line, top of bluff, or OHW level which represents the closest distance that a building/structure is permitted to be located from the lot line, top of bluff or OHW level.

Business means any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.

Butt lot means any lot, the side of which coincides with the back lot of two or more corner lots.

Camouflaged means using shape, color, and texture to cause an object to appear to become part of something else. The term "camouflage" does not mean invisible but rather appearing as part of another structure, such as a building, wall, or roof. The term "camouflaged" includes wireless telecommunication facilities disguised to appear as another structure, such as a building, clock tower, chimney, church steeple, flagpole, light pole, sign, tree, or utility pole.

Cannabis cultivation means the growing of canna bis plants within the approved amount of space from seed or immature plant to mature plant, harvesting cannabis flower from mature plant, packaging and labeling immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same premises, and performing other actions approved by the office of cannabis management.

Cannabis manufacturer means a cannabis business licensed to purchase cannabis flower, cannabis products hemp plant parts, hemp concentrate, and artificially derived cannabinoids from a cannabis business, purchase hemp plants and hemp concentrates, make cannabis hemp concentrate, manufacture artificially derived cannabinoids, manufacture adult-use cannabis products, lower-potency hemp edibles, and hemp derived consumer products, and sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to other cannabis businesses.

Cannabis retailer means a cannabis business licensed to purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, and lower-potency hemp products, from cannabis businesses, and sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to customers.

Cannabis testing facility means a cannabis business licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzo businesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers.

Cannabis wholesaler means a cannabis business licensed to purchase immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products from cannabis businesses, and purchase hemp plant parts and hemp concentrates. Cannabis wholesalers may sell immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to cannabis microbusinesses, cannabis mezzo businesses, cannabis manufacturers, and cannabis retailers, sell lower-potency hemp edibles to lower-potency-hemp edible retailers, and import hemp-derived consumer products and lower potency hemp edibles that contain hemp concentrate or artificially derived cannabinoids.

Canopy means a roof-like structure projecting over any entrance of a store, building or place of entry.

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

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

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

Club or lodge means a nonprofit association of persons who are bona fide members paying annual dues, with a use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided adequate dining space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and, provided, further, that serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

Collector street means a street so designated on the comprehensive plan and designed to collect traffic from individual properties and minor arterials.

Combustible material means materials made of or surfaced with wood, compressed paper, plant fibers, or other materials that are capable of being ignited and burned placed in dangerous proximity to or in contact with heat-producing appliances, vent connectors, gas vents, chimneys, steam and hot water pipes, and warm air ducts.

Commercial antenna or tower means an antenna or other device and/or an associated tower designed for use for commercial purposes or to provide a telecommunications service with the intent to make a profit.

Commercial recreation means non-public and quasi-public establishments engaged in providing amusement or entertainment for a fee or admission charge, including, but not limited to, the following facilities and activities: dance halls; dance area in a restaurant; bowling alleys; billiards and pool establishments; commercial sports facilities such as arenas, rinks, race tracks, public golf courses and driving ranges; amusement centers, amusement parks, membership sports and recreation clubs, public outdoor swimming pools, riding academies, carnival operations, expositions, taverns and bars, indoor theaters and indoor firearms ranges.

Commercial usage vehicle. Vehicles and equipment designed or modified for use in any construction, demolition, or maintenance activity, including:

(1)

Tractors.

(2)

All trailers or towed equipment exceeding a gross vehicle weight of 1,500 pounds but not including recreational vehicles or trailers used to transport boats, snowmobiles or ATVs.

(3)

Snow removal vehicles and equipment and tree trimming vehicles and equipment.

(4)

Earth-moving vehicles and equipment.

(5)

Trucks, vans and pickups with a manufacturer's nominal rated carrying capacity of more than three-quarter tons and gross vehicle weight exceeding 9,000 pounds.

Commercial use means the use of land or buildings for the sale, lease, rental or trade of products, goods, and/or services.

Community-based residential facility means a public or private facility, licensed by the state which, for gain or otherwise, regularly provides one or more persons, who are disabled by reason of mental retardation, mental illness, chemical dependency or physical disability, with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. The term "community-based residential facility" may include a separate dwelling unit, located within the principal building, for the care provider and the employment of persons providing care and supervision for the residents of the home.

Comprehensive plan means the city comprehensive plan adopted by the city council and subsequent amendments thereto.

Concealed means fully hidden from view. The term "concealed" refers to a wireless telecommunication facility that is not evident and is hidden or integrated into a structure such as a building, wall, or roof.

Conditional use means a specific type of structure or land use listed in this part that, because of special requirements or characteristics, may be allowed but only after an in-depth review procedure and with appropriate conditions and restrictions so as to be compatible with other land uses in the area and uphold the integrity of the comprehensive plan.

Construction/heavy equipment sales and rental means retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth-moving equipment, tractors, combines, heavy trucks, etc.

Controlled access/beach lot means a separate riparian property owned and maintained jointly by non-riparian property owners in the vicinity and used by the non-riparian owners for lake-related recreation activities.

Court means an open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.

Coverage means that portion of a lot which has been covered with an impervious surface or structure.

Cul-de-sac means a local street with only one outlet which is permanently terminated by a vehicular turn around.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the city engineer shall establish such curb level or its equivalent for the purpose of this part.

Day care facility, licensed, means a public or private establishment enrolling children from more than one other family where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved by the state to operate as such.

Deck means a horizontal, unenclosed platform without a roof which may be attached or unattached to a structure, including any attached railings, seats, trellises, or other features not more than 36 inches above the platform, and whose platform, if attached to a dwelling, is larger than permitted for a landing, not including steps and ramps.

Density bonus unit means a unit as a result of increase in density permitted above the per-acre limit established by this code.

Density per gross acre means the quotient of the total number of dwelling units divided by the total area of the site.

Density, residential, means a density established within individual residential land use categories in the official land use plan element of the city comprehensive plan.

Department of natural resources (DNR) means the state agency which guides and controls the natural resources for the state.

Developer means any person, firm, association, partnership or corporation who owns or controls land which is to be developed.

Development means the construction, installation or alteration of any structure; the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse; or the division of land into two or more parcels.

District, referring to a zoning district, as defined by ordinance, is a section of the city for which the regulations governing the height, area, use of buildings and premises are the same.

Double frontage lot means a lot which front and rear lot lines abut substantially parallel rights-of-way.

Drive-up facility means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Dwelling, one- or single-family, means a dwelling structure containing one dwelling unit.

Dwelling, multifamily, means a dwelling structure containing two or more dwelling units that are attached side-by-side and/or are stacked ceiling to floor. The terms "duplex," "double dwelling," "triplex," and "quad" are commonly used to refer to multifamily dwelling structures with two, three, and four dwelling units.

Dwelling structure means a building with one or more dwelling units thereof occupied or intended to be occupied for residential purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, trailers, tents, cabins, or trailer coaches.

Dwelling unit means residential accommodation located within a dwelling structure which includes permanently installed cooking, eating, living, and sanitation facilities arranged, designed, used or intended for use exclusively as living quarters for one family.

Earth-sheltered structure means a building with 50 percent or more of the wall area covered with a minimum depth of 12 inches of earth.

Easement means a grant by an owner of land for the specific use of the land for a public or quasi-public purpose.

Energy system, conventional, means an energy system, including supply elements, furnaces, burners, tanks, boilers, related controls, and energy distribution components that uses nonrenewable energy sources (such as coal, oil, natural gas and nuclear materials).

Enforcement officer means the officer designated by the city manager to enforce the provisions of this part.

Equipment enclosure means a structure, shelter, cabinet, box, or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless telecommunication signals and data, including any provisions for mechanical cooling equipment, air conditioners, ventilation, and/or auxiliary electric generators.

Exterior property areas means open space on the premises under the control of owners or operators of such premises.

Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their feed, by poison spraying, fumigating, trapping or by another recognized and legal pest elimination method.

Family means one or more persons related by blood, marriage or adoption, including foster children, and up to two boarders, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household.

Final plat means final map, drawing, or chart on which the developer's plan of a development is presented to the city council for approval and which, if approved, will be submitted to the county register of deeds.

Fire chief means the chief of the fire department serving the city.

Fire department means the fire department serving the city.

Flood protection elevation, regulatory, means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain or floodway.

Floor area, gross, or GFA means the sum of the gross horizontal areas of the several floors of a building (including cellars and basements) measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Floor area, net, or NFA means the total of all floor areas of a building, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading, restrooms and utility rooms.

Foundation area means that portion of the lot covered with roofed structures generally measured to the foundation or footings.

Fuel station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, including the sale of automobile accessories and groceries, but not including any vehicle repair or maintenance.

Grade means the degree of rise or descent of a sloping surface, or, regarding signs, the elevation or level of the ground at the place the sign is to be erected.

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

Ground mounted solar array means a solar energy system mounted on a support system that rests or is attached to the ground. Ground mounted systems must be accessory to the principle use.

Habitable space means space in a structure for living, sleeping, eating or cooking. Bathroom, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

Hazardous materials.

(1)

The term "hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(2)

Categories of hazardous waste include, but are not limited to, explosives, flammables, oxiders, poisons, irritants, and corrosives.

Height, antenna or tower, means the distance measured to the highest point of the antenna or tower from the mean ground level measured at the base of a freestanding facility or the projected base as determined by extending the antenna or tower base down vertically to the ground. For building-mounted antennas, height is measured to the highest point of the equipment enclosure from the top of the cornice of a flat roof, from the top line of a mansard roof, from a point on the roof directly above the highest wall of a shed roof, from the uppermost point on a round or other arch-type roof, or from the highest gable on a pitched or hip roof.

Height, building.

(1)

With the exception of substandard riparian lots, building height shall be measured as follows: a distance to be measured from the mean curb level along the front lot line or from the mean ground level for all that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the top line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the mean distance of the highest gable on a pitched or hip roof.

(2)

For substandard riparian lots, building height is measured from the highest roof peak to the lowest point at finished grade. Finished grade is the final grade upon completion of construction. The term "grade" is defined as the lowest point within five feet of the building in accordance with the Uniform Building Code.

High tech means employment base land use activity conducted entirely within a building and involved in research, testing, development and processing of new highly specialized products, such as medical and integrated hybrid circuits and electronic instruments, and which involves little or no toxic byproducts and other industrial wastes and/or pollutants and does not require heavy transportation needs or exterior storage.

Home occupation means any occupation carried out for gain by a resident and conducted as an accessory use within the resident's dwelling unit.

Housekeeping amendment means a proposed amendment to the comprehensive plan that consists of editorial changes to correct typographical errors or changes to clarify the meaning of and relationship between plan components or proposed amendments to elements of the comprehensive plan not required by the Minnesota Land Planning Act.

Illegal discharge means any non-stormwater discharge to the storm drain system or the MS4.

Illicit connections means either of the following:

(1)

Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system or the MS4, including, but not limited to, sewage, process wastewater, wash water and any connections to the storm drain system or the MS4 from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(2)

Any drain or conveyance connected from any land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Impervious surface coverage means any surface that prevents substantial infiltration of precipitation and prohibits the growth of vegetation. Such surfaces include, but are not limited to, driveways, parking lots, patios, roofs, sidewalks, streets, swimming pools and tennis courts. The term "impervious materials" includes asphalt; brick; concrete; crushed rock or stone; gravel; plastic; and stone. The city manager or their designee shall determine whether any proposed surface or material is pervious or impervious. The use of the material shall be considered when making a determination of the pervious or impervious nature of any material, i.e., areas subject to repeated pedestrian and vehicular traffic become compacted and are considered impervious.

Individual sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as defined in Minn. R. ch. 7080 of the MPCA's rules.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale materials.

Infestation means the presence, within or contiguous to a dwelling or premises, of noxious insects, rodents, vermin or other pests.

Infrastructure means the various utilities necessary for a contemporary development project, including water, sewer, streets, etc.

Inoperable vehicle means a vehicle, including, but not limited to, any automobile, truck, trailer, marine craft, snowmobile, motorcycle, all-terrain vehicle, mobile home, pickup camper, camping trailer, and other equipment for motorized transportation, that has a missing or defective part that is necessary for the normal operation of the vehicle, is stored on blocks, jacks, or other supports, or does not display a license or displays a license that is expired. Unmounted pickup campers or vehicles which are towed shall not be deemed inoperable vehicles if they otherwise possess all parts and are capable of normal operation and display a license that is not expired.

Institutional housing means housing for students, mentally ill, infirm, elderly, nurses, physically disabled and similar housing of a specialized nature.

Kennel means any place where four or more dogs over six months of age are kept for private or commercial purposes.

Key lot means any lot, the rear lot line of which abuts the side lot line of one or more adjoining lots or parcels, or any lot, the side lot line of which abuts the rear lot line of one or more adjoining lots or parcels.

Landing means a horizontal, unenclosed platform that is attached to the principal structure adjacent to an entry; that, not including steps, does not exceed five feet in depth perpendicular to the structure or seven feet wide and which leads to a walkway. It may have a roof (covered landing). (Also commonly referred to as steps or a stoop.)

Landmark tree means a well-shaped, healthy tree of significant age for its species with a trunk diameter as measured 4½ feet above the ground that meets or exceeds the following:

(1)

15 inches: ash, birch, black cherry, cedar, maple, pine, spruce, elm, oak, and other species; and

(2)

30 inches: box elder, cottonwood, and willow.

Loading space means a space accessible from a street, alley or way, in a building or on a lot, for the use of trucks while loading or unloading merchandise or materials.

Local street means those streets identified in the comprehensive plan which are of limited continuity used primarily for access to abutting properties and the local needs of the neighborhood.

Lot means a parcel of land designated by metes and bounds, registered land survey, or other accepted means.

Lot area means the land area within the lot lines, excluding any street rights-of-way and easements for street rights-of-way.

Lot, corner, means a lot situated at the junction of and fronting on two or more streets.

Lot coverage. See Impervious surface coverage.

Lot depth means the mean horizontal distance between the front property line and the rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width.

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

Lot line, front, means the boundary of a lot which abuts an existing or dedicated public or private street. In the case of a corner lot, it shall be the shortest dimension on a public street.

Lot line, rear, means that boundary of a lot line which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

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

Lot of record. Title for a lot of record must have been created and recorded in the office of the county recorder or the county registrar of titles prior to April 3, 1991.

Lot width means the mean width of a lot measured at right angles to the mean depth.

Manufactured homes means a structure, not affixed to or part of real estate, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.

Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, or resins.

Market rate dwelling unit means any dwelling unit that does not meet the affordable housing requirement.

Marquee. See Canopy.

Medical uses means uses primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.

Mining means the excavation of earth materials, such as sand, gravel, rock, industrial minerals, peat, etc., for the purpose of sale, and including quarrying, well operation, milling (such as crushing, screening, washing and flotation) and other preparation customarily done at the mine site or as part of a mining activity.

Mobile home means any vehicle used or constructed to permit its use as a conveyance upon public streets or highways, and including self-propelled or non-self-propelled vehicles designed in a manner to permit long-term occupancy as a dwelling place for one or more persons, having no foundation other than wheels, jacks or skirtings.

Mobile home park means any site or tract of land upon which two or more occupied mobile homes are located regardless of the charge or absence of charge for accommodations.

Motel/hotel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Municipal separate storm sewer system (MS4) means the system of conveyances owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. The MS4 includes sidewalks, roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, human-made channels, storm ponds, infiltration chambers and basins, rain gardens, storm drains, and all other storm sewer system infrastructure.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by MPCA that authorizes the discharge of pollutants to public waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Naturally occurring affordable housing (NOAH) means existing owner-occupied or rental housing units that are affordable and are unsubsidized by any federal housing program.

Nonconforming means initially in compliance with applicable city or predecessor governmental unit regulations but no longer in compliance due to a change in such regulations.

Non-stormwater discharge means any discharge to the storm drain system or MS4 that is not composed entirely of stormwater.

Nuisance means as the term "nuisance" is defined in section 22-1.

Nursing home means an intermediate care or skilled nursing care facility providing care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Such facilities must be defined and licensed as nursing homes by Minn. R. ch. 4658 and M.S.A. § 144.56.

Occupant means any person living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.

Office uses means those commercial activities that take place in office buildings where goods are not produced, sold or repaired.

Office/showroom means a multi-tenant building with a gross floor area of at least 30 percent finished office space, in addition to showroom, warehousing and distribution uses, including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Office/warehouse means a multi-tenant building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Official floodplain map means the flood insurance rate map (FIRM) panels numbered 27123C0005G, 27123C0010G, 27123C0020G, 27123C0030G and 27123C0036G, along with the attached flood insurance study (FIS) for the county (all jurisdictions) all dated June 4, 2010 and prepared by the Federal Emergency Management Agency (FEMA).

Open sales lot means any land used or occupied for the purpose of buying, selling, renting or leasing any goods, materials, or merchandise and for the storing of the same under the open sky prior to sale.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved by a developer or governmental unit for public or private use.

Open space, common, means a parcel or parcels of land or areas of water, or a combination of land and water within a development which is designed and intended for the use and enjoyment of residents of the development. The term "common open space" includes all land in excess of the individual building lots and land accepted for public dedication.

Open space, usable, means the minimum dimension for usable open space shall be ten feet and the minimum area shall be 100 square feet or whatever minimum is required by regulation.

Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a multiple residence or roominghouse in which dwelling units or rooming unit are let for occupancy.

Ordinary high-water (OHW) level means the boundary of public waters and wetlands and 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.

Outside display area means an area set aside for the display of materials and/or products for sale or lease.

Owner means an owner of the freeholder of the premises or lesser estate therein, a mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, including their manager and agents.

Parapet means a low wall which is an architectural component of a flat-roofed building and which extends above the roofline of the building to which attached.

Parking space means an area to be used exclusively as a temporary storage space for one motor vehicle.

Party wall means a common wall which divided two independent structures.

Pawnbroker shop means the location at which or premises in which a pawnbroker regularly conducts business.

Pedestrian way means a public right-of-way across or within a block or development reserved for people traveling on foot.

Permitted use is a term used in zoning ordinances that refers to a list of uses that are specifically allowed in a zoning district.

Planned unit development (PUD) means a type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision and site plan approval processes of development in that development standards such as setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer and the municipality, except that land uses and densities shall be consistent with that permitted by the land use plan.

Plumbing or plumbing fixtures means water heating facilities, water pipes, gas pipes, garbage disposal units, water closets, waste pipes, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines or other similar equipment, catchbasins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.

Pollutant means anything which causes or contributes to pollution. The term "pollutants" may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ammunition and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage; dissolved and particulate metals; feces and animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Porch, enclosed, means a horizontal roofed platform, attached or unattached to a dwelling, heated or unheated, with a wall system that consists substantially of screens, windows, and/or doors. If attached to a dwelling, the platform is larger than permitted for a landing, not including steps and ramps.

Porch, unenclosed, means a horizontal roofed platform, attached or unattached to a dwelling, with a wall system that consists of roof support members, with or without railings, and no doors, screens or windows. If attached to a dwelling, the platform is larger than permitted for a landing, not including steps and ramps.

Preliminary plat means a tentative map, drawing or chart of a proposed subdivision meeting requirements herein enumerated.

Premises means a lot, plot or parcel of land, including the building or structures thereon.

Principal means something of primary importance.

Principal unit means the existing single-family dwelling located on a host parcel.

Private antenna or tower means an antenna or other device and/or associated tower designed for the private use and enjoyment of the property owner that will not be used to provide a telecommunications service with the intent to make a profit. The term "private antenna or tower" includes, but is not limited to, devices designed for reception of television broadcast signals, multi-channel multipoint distribution service, direct broadcast satellite services, AM/FM radio, telephone, internet, or any facility designed to transmit or receive amateur radio or citizen band radio.

Property line means a line of record separating a parcel (or lot) which divides a parcel from another parcel or from a public or private street or any other public space.

Public/quasi-public facilities means uses such as schools, churches, and government buildings and facilities, including parks, playgrounds, trails and other recreational areas.

Public waters means as defined in M.S.A. § 103G.005, subd. 15, and any amendments thereto.

Recreation vehicle means a vehicle used or designed for use for temporary residential occupancy, including, but not limited to, campers, motorhomes, mobile homes, pickup campers, camping trailers, tent trailers and travel trailers.

Recreational equipment means play apparatus, such as swing sets, slides, sandboxes, poles for nets, canoes and kayaks less than 18 feet in length, paddle boats, picnic tables, lawn chairs, barbeque pits and similar equipment or structures but not including tree houses, swimming pools, playhouses or sheds utilized for storage or equipment.

Recreational facility means a facility, not used for commercial purposes, that is located on or next to the ground, including, but not limited to, putting greens, volleyball, tennis and basketball courts; batting, pitching soccer and golf cages and nets; hockey and ice rinks; skateboard ramps, trampolines, portable flooring for aerobics, dance, and weightlifting.

Rest home means a private home for the care of children, aged or infirm, or a place of rest for those suffering from bodily disorders. Such home does not contain equipment for surgical care or from the treatment of disease, injury or mental care, nor provide maternity care.

Restaurant means 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. Musical entertainment may be offered within a restaurant when clearly secondary to the restaurant use.

Right-of-way means the land covered by a public road or other land dedicated for public use or for certain private use, such as land through which a power line passes above-ground or underground.

Riparian lot means a lot of record that abuts a public water that is subject to the city's shoreland management regulations.

Roofline means the uppermost line of the roof of a building, or in the case of an extended facade, the uppermost height of the facade.

Sanitary sewer system means pipelines or conduits, pumping stations, force mains, and all other appurtenances used for conducting domestic and non-domestic sewage to a treatment facility.

Satellite earth station means the antenna and all other equipment necessary for processing electronic signals traffic (including, but not limited to voice, data, and video) received from terrestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems.

Seasonal residential sales event means an advertised event hosted by one or more households at a residence of one of the participants which involves the sale of merchandise, generally on a non-appointment basis. The merchandise may include, but is not limited to, handcrafted items, used household or personal items, new merchandise, and agricultural produce. These events are more commonly referred to as garage or estate sales and boutiques.

Setback means the minimum horizontal distance, measured in feet between a structure and a property line, top of bluff, OHW level or between two structures such as in the case of freestanding signs or on-site sewage treatment systems.

Shopping center means a group of commercial establishments planned, developed, and managed as a unit with off-street parking provided on the property.

Shore impact zone means land located between the OHW level of a public water and a line parallel to the OHW at a distance equal to 50 percent of the minimum required building setback from the OHW level.

Shoreland means land located within the following distances from public water: 1,000 feet from the ordinary high-water mark of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the department of natural resources.

Sidewalk means an improved pedestrian surface that is typically located adjacent to a roadway.

Sign. See section 113-2.

Slope, bluff, means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics:

(1)

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

(2)

The slope rises at least 25 feet above the ordinary high-water level;

(3)

The grade of the slope from the toe of the bluff to a point 25 feet above the ordinary high-water level averages 30 percent or greater; and

(4)

The slope must drain towards the water body.

Slopes, steep, means slopes between 12 percent and 18 percent for horizontal distances of 50 feet or more, including all soils grouped in county soil survey slope Class C.

Slopes, very steep, means slopes between 19 percent and 30 percent for horizontal distances of 50 feet or more, including all soils grouped in county soil survey slope Classes D, E, F.

Snowmobile means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

Solar collector means a device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply. No window or skylight smaller than 30 square feet in area shall be construed as a solar collector within the meaning of this definition.

Solar energy means radiant energy (direct, diffuse and reflected) received from the sun.

Solar energy system means a set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes, including heating and cooling of buildings and other energy-using processes, or to produce generated power by means of any combination of collecting, transferring or converting solar-generated energy.

Solar energy system, active, means a solar energy system that requires external mechanical power to move the collected heat.

Solar energy system, passive, means a solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power.

Special purpose trailer means a trailer having a gross vehicle weight of less than 1,500 pounds. Special purpose trailers include utility trailers and trailers used to transport boats, snowmobiles or ATVs.

Stable means any building, incidental to an existing residential, principal use, that shelters horses for the exclusive use of the occupants of the premises.

State of quality maintenance and repair. Whenever the words "state of quality maintenance and repair" are used in this part they shall mean the standards of the trade or industry involved.

Storage area, outside, means an area, subject to certain conditions, set aside for storage of equipment and materials.

Storm drainage system means facilities owned by public agencies/entities other than the city, by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater management plan means the best management practices and activities to be implemented by a property owner to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, the stormwater drainage system, the MS4, and/or receiving waters.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story; a cellar shall not be counted as a story. If the finished floor level directly above a useable or unused under-floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined in this section, at any point, such usable or unused underfloor space shall be considered as a story.

Story, first, means the lowest story in a building which qualifies as a story, as defined in this section, except that a floor level in a building having only one floor level below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined in this section, at any point.

Street means a public way for vehicular traffic designated as a street, highway, thoroughfare, parkway, throughway, road arterial, lane, place or however otherwise designated. The width of a street is measured between right-of-way lines.

Street frontage means the proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot has two frontages.

Street line means the line coinciding with the lot and the street right-of-way line.

Street, private, means a street serving as vehicular access to two or more parcels of land, which is not a through street, and which is not dedicated to the public but is owned by one or more private parties.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Structure, alterations, means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

Subdivider means any person commencing proceedings under this part to effect a subdivision of land for themself or others.

Subdivision means the separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots or long-term leasehold interests, except those separations specified in M.S.A. § 462.358, subd. 4b, and any amendments thereto.

Substandard lot means a lot of record that does not meet the minimum standards of the zoning district in which it is located.

Substantial reconstruction or rehabilitation means when the cost of improvements of an affordable housing building exceeds 20 percent of the value of the property, excluding land, after improvements.

Supplied means installed, furnished or provided by the owner or operator.

Swimming pool means any enclosure, above or below grade, having a water surface area exceeding 100 square feet and a water depth greater than 18 inches at any point.

Temporary sales office means a temporary place of business on the premises of a development used to promote real estate purchases exclusively within that development. Such offices may remain until 80 percent of the development is sold.

Tenant paid rent means the monthly rent for an affordable dwelling unit shall include rent, utility costs and any other non-optional monthly occupancy charges.

Toe of bluff means lowest elevation of the lowest 50-foot-long segment of a bluff.

Top of bluff means highest elevation of the highest 50-foot-long segment of a bluff.

Tower means any self-supporting pole, spire, or structure, or any combination, that is constructed primarily for the purpose of supporting one or more antennas and all supporting lines, cables, wires, bracing and linkage systems designed. The term "tower" includes, but is not limited to, lattice towers, guy towers and monopole towers. The term "tower" does not include building-mounted wireless telecommunications facilities (WTF).

Townhouse means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

Transit bench means a bench rest maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles.

Truck terminal means a building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. The term "terminal" may include facilities for the temporary storage of loads prior to transshipments.

Undeveloped land means land which is not developed with structures of the maximum number, type, bulk and height allowed by this part.

Urban farm means an establishment where food or flowers are grown or processed to be sold or donated that includes, but is not limited to, outdoor growing operations, indoor growing operations, container farm, vertical farms, aquaponics, aquaculture, and hydroponics.

Use means the method or manner of employing a lot or structure.

Use, principal, means the specific primary purpose for which land is used.

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

Variance, standard, means a departure from the standards of this part, but not including land use, building use, or administrative procedures granted only upon a demonstration of hardship.

Vehicle sales means any land or buildings used for in the sale of automobiles, light trucks, travel trailers, recreational vehicles, boats and motorcycles.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

Veterinary clinic means a commercial activity catering to the medical needs of animals and having no outside runs or shelters for the keeping of animals.

Warehousing means the storage of materials or equipment within an enclosed building as a principal use, including packing and crating.

Waste container means a disposable or non-disposable receptacle that is waterproof and flytight, used primarily for storage of refuse and other waste materials between collections by households accumulating small quantities of refuse or other waste materials.

Waste materials means all other discarded, combustible or noncombustible, organic or inorganic materials infrequently accumulated in the operation of a house, including, but not limited to, vehicles, vehicle parts, major appliances, furniture, building materials, animal manure, trees, limbs and trunks, metal scrap, and other material that cannot be temporarily stored in a waste container or bundle because of its size or shape.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Watercourse means a ditch, stream, creek, swale, or other defined channel intended for the conveyance of water, runoff, groundwater discharge or similar hydraulic or hydrologic purpose.

Wetland means as the term "wetland" is defined by the Wetland Conservation Act of 1987, M.S.A. §§ 103G.221 through 103G.2375.

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

Wireless telecommunication facility means equipment, including commercial antennas, commercial telecommunication towers, and equipment enclosures, designed for the transmission and reception of all types of data, including, but not limited to, writing, signs, signals, pictures, and sounds of all kinds without the aid of wire, cable, or other like connections between the points of origin and reception of such transmission, including all instrumentalities and apparatus incidental to such transmission. As used in this code, the term "wireless telecommunication facility" shall not include amateur radio antenna or towers; mobile transmitting devices, such as vehicle or handheld radios/telephones and their associated transmitting antennas; satellite earth stations; or broadcast towers.

Yard means the space between a lot line and building line that is unoccupied and unobstructed from the ground upward except as may be permitted by this part. The term "yard" means all ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a resident building.

Yard, front, means a space extending the full width of the lot between any building and the front lot line and measured at the closest point to the front lot line. The term "front yard" includes any area between any building and the front lot line that is not a side yard, as defined. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted in this part.

Yard, rear, means a space extending the full width of the lot between the principal building and the rear lot line and measured at the closest point of the rear lot line. The term "rear yard" includes any area between any building and the front lot line that is not a side yard, as defined. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted in this part.

Yard, required, means the open space between the lot line and the buildable area having the width or depth required in the district in which it is located.

Yard, side, means a space extending from the front yard to the rear yard between the principal building and side lot line measured from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted in this part.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

Zoning district means an area within the limits of the zoning jurisdiction for which the regulations and requirements governing use, lot and bulk of structures and premises are uniform.

Zoning district map means a map showing the boundaries of the zoning districts as established by this part and designated as the "zoning district map."

(Prior Code, § 202.010; Ord. No. 774, 4-18-2005; Ord. No. 832, 8-4-2008; Ord. No. 868, 5-3-2010; Ord. No. 874, 11-15-2010; Ord. No. 879, 7-5-2011; Ord. No. 890, 3-19-2012; Ord. No. 905, 2-19-2013; Ord. No. 920, 4-16-2014; Ord. No. 942, 4-4-2016; Ord. No. 974, 7-15-2019; Ord. No. 1002, 7-18-2022; Ord. No. 1019, 5-3-2023; Ord. No. 1039, 11-18-2024; Ord. No. 1049, 2-18-2025)

It is not intended by this code to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this part imposes greater restrictions, the provisions of this part shall prevail. All other ordinances inconsistent with this part are hereby repealed to the extent of the inconsistency only.

(Prior Code, § 203.010(A))

This part shall be administered and enforced by the city manager. The city manager may institute, in the name of the city, all appropriate actions or proceedings against violators as provided by law. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this part shall be guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.

(Prior Code, § 203.010(D))

In their interpretation and application, the provisions of this part shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for adequate light, pure air, safety from fire and other danger, prevent undue concentration of population, provide ample parking facilities, regulate the location and operation of businesses, industries, dwellings and buildings for other specified purposes, preserve property values by providing for orderly and compatible development of the various land uses, provide for administration of this part, provide for amendments hereto, and provide for official recording of this part and all amendments hereto.

(Prior Code, § 203.010(E))

If any part of this part is held to be unconstitutional or otherwise illegal, the remainder of this part shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this part or any provision herein is held to be inapplicable to any person, property or work, such holding shall not affect the applicability hereof to any other person's property or work.

(Prior Code, § 203.010(F))

This part does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This part shall not create liability on the part of the city, or any officer or employee thereof, for any flood damages that result from reliance on this part or any administrative decision lawfully made thereunder.

(Prior Code, § 203.010(G))