This chapter is adopted for the purpose of:

1.

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

2.

Protecting and preserving agricultural land;

3.

Promoting orderly development of the agricultural, residential, commercial, industrial, recreational, and public areas;

4.

Conserving the natural, scenic beauty, and attractiveness of the city;

5.

Conserving and developing natural resources;

6.

Providing for the compatibility of different land uses and the most appropriate use of land throughout the city; and

7.

Minimizing environmental pollution.

1.

Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by another statute, city Code provision, rule or regulation of the city or the state, the statute, city Code provision, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail.

2.

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

3.

Except as herein provided, no structure shall be erected, converted, enlarged, reconstructed, or altered and no structure shall be used or occupied for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

4.

This chapter is enacted pursuant to the authority granted by the municipal planning act, Minn. Stat. §§ 462.351 to 462.363, as amended.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Accessory apartment. Room within a single-family dwelling used for lodging purposes of one or two people without cooking facilities.

Accessory building. A building on the same lot with and of a nature customarily incidental and subordinate to the principal structure.

Accessory use. A use subordinate to and exclusively for a purpose incidental to the principal use on the lot.

Agriculture. The use of land for the growing or production of field crops, livestock, and livestock products for the production of income.

Airport (landing strip, heliport, or aircraft stop). Any premises or buildings which are used or intended for use, for the landing, take-off, and support of aircraft.

Alley. A public right-of-way usually 20 feet or less in width which normally affords a secondary means of vehicular access to abutting property.

Antenna (broadcasting, radio, and television). Towers exceeding 35 feet district height limitations.

Apartment. A part of a building consisting of a room or suite of rooms which is designed for or used as a residence and is equipped with cooking facilities.

Automobile repair garage. A place for the general repair of motor vehicles.

Automobile service station (gas station). A place where gasoline, kerosene, or other motor fuel, lubrication, oil, or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.

Basement. A portion of a building located partially underground having more than half of its clear floor-to-ceiling height below the average grade of adjoining ground.

Bed and breakfast inn facilities. An owner-occupied single-family dwelling where lodging in up to four guest rooms and breakfast are provided to the traveling public by the resident owner for compensation.

Block. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary of the subdivision, or a combination of the above with a river or lake.

Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):

a.

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

b.

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

c.

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

d.

The slope must drain toward the waterbody.

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

Bluff, toe of the. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be the lowest point on a bluff that is the lower end of the lowest 50 foot segment, measured on the ground, with an average slope exceeding 18 percent.

Bluff, top of the. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in slope is apparent, the top of the bluff shall be the highest point on a bluff that is the upper end of the highest 50 foot segment, measured on the ground, with an average slope exceeding 18 percent.

Boarding house (rooming or lodging house). A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons but not to exceed 20 persons.

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

Buffer. The use of land, elevation, fences, or landscaping to screen or partially screen a use or premises from another use or premises.

Building. Any structure which may provide shelter or enclosure of persons, animals, or property of any kind. When the structures are divided by party walls or common walls, each portion of the structure so separated shall be deemed a separate building.

Building area. The area remaining on a lot after the minimum setbacks and open space requirements have been met (See Appendix B).

Building height; nonshoreland. The vertical distance to be measured from grade level to the uppermost part of the building.

Building height; shoreland. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest 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.

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

Building setback. The minimum horizontal distance between a building and a lot line.

Business. Any occupation, employment, or enterprise where merchandise is exhibited or sold or where services are offered for compensation.

Car wash. A building, or portion thereof, containing for hire facilities for washing motor vehicles.

Church. A building where persons regularly assemble for religious worship.

Club or lodge. A nonprofit association of persons with the use of the premises being restricted to members and their guests.

Comprehensive plan. The general plan for land use, housing, and transportation, including the series of maps, reports, statement of goals, objectives, and criteria adopted by the council to designate long range orderly growth and development of the city.

Commissioner. The commissioner of the department of natural resources.

Concept plan. A report in map and text form submitted depicting the location, general purpose, general type of land use and traffic pattern, primary relationships between site elements and the proposed development and surrounding development, proposed general schedule of development, and information on the proposed developer.

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Cooperative. A multi-unit building operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the cooperative.

Day care facility. Any facility licensed by the state department of public welfare or its successor, public or private, which regularly provides one or more persons with care or training on a regular basis for periods of less than 24 hours per day.

Deck. A horizontal, unenclosed platform, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use and at any point extending more than 30 inches above ground.

Density residential. A number expressing the relationship of the number of dwellings to an acre of land.

District, zoning. Sections of the city for which the regulations governing the height, area, and use of buildings and premises are the same.

Dormitory. A building with rooms that provide sleeping accommodations for four or more students attending school.

Drive-in or drive-through. Any use where products or services are provided to the customer under conditions where the customer does not have to leave the automobile regardless of whether service is also provided within a building.

Duplex, triplex, and quad. A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls which are designed for or used as residences and each unit is equipped with sleeping, cooking, eating, living, and sanitation facilities.

Durable material. A material used to create a hard surface impervious to water, dust free, and requiring minimal maintenance.

Dwelling unit. A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, or boarding houses.

Dwelling unit, attached. A dwelling unit which is joined to another at one or more sides by a party wall, common wall or adjoining outer walls.

Easement. A grant by a property owner of the use of an area of land by the public or other party for any specific purpose.

Energy system. An assembly consisting of an energy collector, storage facility, and components for the distribution of energy.

Essential services. Underground or overhead transmission, distribution, collection, supply or disposal systems for communication, electrical, gas, sewage, steam, telephone, television, or water.

Extractive use. 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.

Family. One or more persons related by blood, marriage, or adoption, or a group of not more than five persons not so related maintaining a common household in a dwelling unit.

Feedlot. A lot or building, or combination of lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.

Flood plain. The areas adjoining a body of water which have been or hereafter may be designated by the Federal Emergency Management Agency as flood plain on the flood insurance rate map.

Floor area. The sum of the gross horizontal area of all floors of a building. A basement shall not be used in calculating floor area.

Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand.

Garage, private. An attached or detached accessory building or accessory portion of the principal building which is under 1,500 square feet or less in floor area and is intended for and used to store private motor vehicles, recreational vehicles, and similar items of the family or families resident upon the premises. The gross floor area is subject to further restriction.

Health club. A facility which provides athletic activities such as tennis, handball, racquetball, track, aerobics, basketball, exercise devices and such incidental services as whirlpool, sauna, or massage service.

Home occupation. Any gainful occupation or profession conducted within the dwelling unit or accessory building by a resident thereof.

Hotel/motel. A building which provides a common entrance and lodging for compensation, with or without meals.

House, earth sheltered. A dwelling unit constructed so that more than 50 percent of the exterior surface area of the building, excluding garages and other accessory buildings, is covered with earth and the building code standards are satisfied. Partially completed buildings shall not be considered earth sheltered.

Industry. A business which involves the assembly, production, processing, or storage of materials, goods, or products.

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

Kennels. Any lot or premises where three or more dogs or cats are boarded for compensation or where dogs or cats are bred on a commercial scale.

Livestock. Animals kept or raised for commercial use or pleasure, excluding household family pets.

Loading area. An area or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of access.

Lot. A parcel of land designated by plat, metes and bounds, registered land survey, auditor's plat, or other accepted means and separated from other parcels or portions by the description and which is of sufficient size to meet zoning requirements.

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

Lot depth. The horizontal distance between the front lot line and the rear lot line.

Lot line. A boundary line of any lot, except where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.

Lot line, front. That boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and shown on the site plan.

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

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

Lot types. This term includes the following:

a.

Corner lot. A lot at the intersection of two street lines, which intersection does not exceed 135 degrees. (See appendix A);

b.

Double frontage or through lot. A lot, other than a corner lot, with frontage or more than one street other than an alley. (See appendix A); and

c.

Interior lot. A lot, other than a corner lot, with only one frontage on a street other than an alley. (See appendix A).

Lot width. The distance between the side lot lines measured along the building line.

Manufactured home. A structure, 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 therein.

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

Manufactured home subdivision. Any site, lot, field, or tract of land purchased for two or more manufactured homes.

Motor freight terminal. A building or area in which freight brought by truck is assembled or stored for routing by truck.

Nonconforming lot. A lot or parcel of land for which a deed has been recorded in the office of the Pennington County recorder prior to September 26, 1967 and which does not meet the minimum lot area, structure setbacks, or other dimensional standards of this chapter.

Nonconforming structure. A structure which does not comply with floor area, lot requirements, or height regulations.

Nonconforming use. Any lawfully established use of a building or lot which on September 26, 1967 did not comply with the use regulations of the zoning district in which such building or lot is located.

Open space, common. A parcel of land or an area of water within a planned unit development designated as private open space for the use of lot owners within the planned unit development.

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

Parking space. An area of such shape and dimensions and so prepared as to be usable for the parking of motor vehicles and so located as to be accessible to a public street or alley.

Performance standards. Criterion established to control potential effects to the physical and social environment such as, but not limited to, odor, smoke, toxic or noxious matter, vibration, fire, explosive hazard, glare, run-off, density, traffic flow or generated by or inherent in uses of land or buildings.

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

Planned unit development. A tract of land containing not less than two acres and which contains or will contain two or more principal buildings or uses, developed or to be developed under unified ownership or control, the development of which is unique and of a substantially different character than that of the surrounding areas.

Planning commission. The planning commission of the city.

Principal building. A nonaccessory building in which the primary use of the lot on which it is located is conducted.

Public waters. Any waters as defined in Minn. Stat. § 103G.005.

Recreational camping area. Any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of five or more tents or recreational camping vehicles.

Recreational camping vehicles. This term includes the following:

a.

A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation, and vacation;

b.

Any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation;

c.

Any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle; or

d.

Any folding structure, mounted on wheels and designed for travel, recreation and vacation use.

Recreation, commercial. Sites privately owned and operated for the purpose of providing recreation with the intention of earning a profit.

Recreation, public. Sites owned and operated by a unit of government or leased from a unit of government for private operation for the purpose of providing recreation.

Registered land survey. A survey map of land designed to simplify a metes and bounds description, designating the same into a tract or tracts of a registered land survey number.

Residential planned unit development. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, timeshare 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 dwelling units or sites.

Restaurant. An eating and drinking establishment which serves food to be consumed while seated at tables, booths, or counters.

Retirement home. A retirement facility for the elderly who are generally in good health and able to care for themselves. The facilities are characterized as having separate dwelling units or sleeping rooms with central eating facilities. The facilities do not contain health facilities for the care of occupants.

Salvage yard. A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used material yards, but not including pawn shops or the placing of used cars in operable condition.

School. A building used for the purpose of preschool, elementary, secondary, or post secondary education which meets all the requirements of the laws of the state and not providing residential accommodations.

Sensitive resource management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback. The minimum horizontal distance between the roof overhang of a structure, sewage treatment system or other facility, and a lot line, an ordinary high water level, or a top of a bluff.

Setback, shoreland. The yard extending between any building line and the ordinary high water level.

Setback, yard. The minimum horizontal distance between a structure and the lot line, disregarding steps and upgraded platforms. The yard setback area shall be unoccupied and unobstructed by a structure.

Setback, yard front. The line extending between the front building line and the front lot line (See appendix B).

Setback, yard rear. The yard extending between the rear building line and the rear lot line (See appendix B).

Setback, yard side. The yard extending between the side building line and the side lot line (See appendix B).

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

Sewage treatment system. A septic tank and soil absorption system or other individual or cluster type sewage treatment system.

Shopping center. A retail center, 40,000 square feet or larger, designed for the purpose of retailing and/or providing services, including value retailers such as category killers, discount department stores, off-price retailers, outlet stores, and warehouse clubs. Such a center may be comprised of several stores under one roof or joined by common walls or sharing a common parking lot.

Shore impact zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the building setback.

Shoreland. Land located within 300 feet from a river, stream, or floodplain. The limits of shoreland may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

Sidewall height. The vertical dimension from the top of the finished floor to the bottom of the finished ceiling, or bottom of rafter if the ceiling is unfinished, at the intersection of the exterior wall, per story.

Sign. Any billboard, notice, poster, display, or other device visible to and primarily intended to advertise, inform or attract attention and shall include any structure erected primarily for use in connection with the display of any such device and all lighting or other attachments used in connection therewith.

Sign classifications and types. This term includes the following:

a.

Advertising sign. A sign which directs attention to an activity, business, commodity, product, or service not necessarily conducted, sold or offered upon the premises where the sign is located;

b.

Agricultural product sign. A sign displayed on any agricultural-zoned property by the owner or operator thereof for the purpose of identifying the farm or advertising the products grown thereon;

c.

Attached sign. Any sign posted, painted, or constructed, attached to the canopy, facade, marquee, porch, roof, or wall of any structure, provided the sign does not extend any higher than one foot below the roof line;

d.

Business sign. A sign which directs attention to a business, commodity, entertainment, profession, product, or service sold or offered upon the premises where the sign is located or to which it is attached;

e.

Directional signs. A sign directing traffic on private property but bearing no advertising matter;

f.

Flashing sign. An illuminated sign on which such illumination is not kept stationary or is not kept constant in intensity or color at all times, including electronic readerboard signs;

g.

Freestanding sign. A sign standing on the ground. The signs may be supported from the ground by one or more poles or posts or similar uprights with or without braces;

h.

Home occupation sign. An attached wall sign permitted in association with an occupation conducted on the premises in conjunction with a home occupation permit;

i.

Identification sign. A permanent, on-site sign announcing the name of a church, city, group housing project, nursing home, park, planned industrial center, public or quasi-public areas, school, shopping center, or subdivision;

j.

Illuminated sign. A sign which has character, designs, figures, letters, or outlines illuminated by electric lights, luminous tubes, or reflective materials;

k.

Message board sign. A nonflashing, nonmotion sign which allows characters, figures, or letters displayed thereon to be changed, which changes shall not be made more often than every ten seconds, and which directs attention to a commodity, entertainment, product, or service offered upon the premises where the sign is located or to which it is attached or which advertises any bona fide bazaar, carnival, fair, festival, horse show, or similar event when conducted by a public agency or for the benefit of any civic or charitable cause; all subject to section 152.097;

l.

Motion sign. A sign which moves, revolves, rotates, or simulates motion by the use of flashing or intermittent lighting or reflective materials;

m.

Nonconforming sign. A sign which existed prior to September 26, 1967 and does not conform to the requirements of this chapter;

n.

Parasitic sign. A sign placed on another sign or placed on the supporting structure of another sign that does not advertise a business, commodity, entertainment, profession, product, or service in that location;

o.

Projecting sign. An attached sign which is mounted substantially parallel with a wall or is mounted to and substantially parallel with a canopy, facade, marquee, porch, or roof of any structure;

p.

Public service sign. A banner, pennant, or sign advertising only the name, time, and place of any bona fide bazaar, carnival, fair, festival, horse show, or similar event when conducted by a public agency or for the benefit of any civic or charitable cause, provided that the sign shall not be displayed for more than 21 days in any ten-month period;

q.

Real estate sign. An on-premises sign for the purpose of advertising the sale or lease or the completion of the sale or lease of real estate when erected or displayed on the real estate so advertised;

r.

Sandwich sign. A freestanding inverted V-type portable sign;

s.

Sign structure. The bracing, framework, supports, or uprights of any structure exhibiting a sign;

t.

Suspended sign. An attached sign which is suspended by brackets, chains, hooks, or other means and which is mounted substantially perpendicular to the main building structure;

u.

Temporary sign. A nonpermanent sign affixed, erected, or maintained on a premises for a limited period of time, including mobile signs which are designed for and capable of being moved from one location to another and including banners and pennants; and

v.

Traffic control sign. A sign erected, either permanently or temporarily, by a governmental unit for the purpose of directing or regulating vehicular and pedestrian traffic.

w.

Dynamic display. Any sign, portion of a sign, or characteristics of a sign that appears to have movement or that appears to change and which is caused to change 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, waving, flashing, blinking, or animated display or structural element, and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink", incandescent bulbs, or any other method or technology that allows a sign face, or any other device, to present a series of images or displays.

i.

Dynamic display programming. The hardware, software, and all necessary equipment and operations associated with the control and programming of a dynamic display.

Sign, surface area of. The entire area within a single, continuous perimeter enclosing the extreme limits of characters, illustrations, lettering, ornamentations, or other figures, together with any material or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. sign structure bearing no sign copy shall not be included in the sign surface area. The sign surface area shall be computed using only one side of a double-face or V-type sign structure.

Significant historic site. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the national register of historic places, 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.

Solar access. The space between a solar energy collector and the sun which must remain unobstructed in order to assure the reasonable operation of the solar energy system.

Solar easement. A right, whether or not stated in the form of a restriction, easement, covenant, or condition in any deed, will or other instrument executed for the purpose of insuring adequate access to solar energy.

Solid fuel burning device. A device located outside of the principal building and designed for solid fuel combustion so that usable heat is derived for the interior of a building.

Steep slope. Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above.

Street. A public right-of-way which affords a primary means of access to abutting property and shall include avenue, highway, or road.

Street types. This term includes the following:

a.

Street, arterial. A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between heavy traffic generating areas;

b.

Street, collector. A street designed to distribute traffic between local and arterial street systems;

c.

Street, frontage. A street constructed along the main traveled lanes of a trunk highway or other major street, or at a reasonable distance out from the limits of the trunk highway or other major street, which street provides access to the trunk highway or other major street from the properties that are adjacent to the trunk highway or other major street; and

d.

Street, local. A street intended to serve primarily as an access to abutting properties.

Street pavement. The wearing or exposed bituminous or concrete surface of the street used by vehicular traffic.

Street width. The width of the right-of-way or easement measured at right angles to the centerline of the street.

Structural alteration. Any change that will alter the shape, enlarge, or require the altering of load bearing walls within a building.

Structure. Anything constructed, the use of which requires permanent location on the ground, or is attached to something having a permanent location on the ground, including all antennas, weather earth station, satellite dishes, towers or other shapes. Satellite dishes shall have same setback requirements as accessory buildings.

Structure; water-oriented accessory. A small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the direct relationship to a surface water feature or nature of its use reasonably needs to be located closer to public waters then the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, pumphouses, and detached decks.

Subdivision. The division of any tract of land into two or more lots.

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

Temporary storage containers and semi-trailers.

a.

Temporary storage container. A standardized reusable steel box or container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures.

b.

Semi-trailer. A freight trailer with wheels only in the rear that is designed to be pulled by a truck tractor and is used to transport and store materials and products.

Townhouse. A single-family dwelling attached by party or common walls with other single family dwellings and oriented so that all exits open to the outside.

Use. The purpose or activity for which land or structures are occupied, utilized, or maintained.

Use, conditional. A land use as defined in this chapter that would not be appropriate generally but may be allowed with appropriate conditions upon a finding that certain criteria as detailed in this chapter exist.

Use, permitted. A use which conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular zoning district.

Use, principal. The main use of land or structures.

Variance. A modification of certain provisions of this chapter.

Wetland. A surface water feature classified as a wetland in the united states fish and wildlife services circular no. 39 (1971 edition).

Zoning administrator. The individual charged with the administration and enforcement of this chapter.

Zoning amendment. A change authorized by the council in the boundaries of a zoning district or of certain provisions of this chapter.

(Ord. No. 81, 3 ^rd Series 10-6-15; Ord. No. 130, 3^rdSeries, § 1, 12-15-20)

The location and boundaries of the zoning districts established by this section are set forth on the zoning districts map, which is incorporated as part of this section.