This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S.A. §§ 462.351 to 462.365.

(Code 1999, § 4.060)

The intent of this chapter is to protect the public health, safety and general welfare of the city and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the planning commission, and the city council in relation to this chapter.

(Code 1999, § 4.020)

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

Accessory building and accessory structure mean a subordinate building or portion of the main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building.

Accessory dwelling unit means a dwelling unit located on the same parcel as a principal residential dwelling unit to which it is accessory.

Accessory use means a use accessory or incidental to the principal use or a building located on the same lot as the accessory use.

Agriculture means land and associated structures used exclusively for the purpose of growing produce, including fruits, vegetables, trees, plants, flowers and other similar crops, and excluding gardens and landscaping for personal use.

Alley means a public thoroughfare less than 30 feet in width.

Antenna means a device for the reception of television or radio signals.

Apartment building means a building other than a hotel or motel containing five or more dwelling units which have primary entrances from the same common hallways.

Assisted living apartment means an apartment within a group residential facility that combines housing, personalized supportive services, daily meals, health care and 24-hour oversight designed to meet the individual needs of persons age 55 years or older who need help with the activities of daily living, but who do not need the skilled medical care provided in a nursing home. See also Senior housing.

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

Auto service establishment means a building, or portion thereof, with facilities on the property for dispensing gasoline or diesel fuel and for repairing automobiles.

Auto washing establishment means a building, or portion thereof, containing facilities for washing more than two automobiles using production line methods.

Automobile agencies means a business selling new vehicles and maintaining parts and service departments, all onsite.

Automobile detailing establishment means a building, or portion thereof, containing facilities on the property for cleaning the interior and exterior of automobiles using handheld equipment and not drive-through full vehicle mechanical washing equipment.

Basement means a portion of a building located partly underground but having less than half its floor-to-ceiling height below the average grade of the adjoining ground.

Body art means physical body adornment, including, but not limited to, the piercing of body parts other than ears and tattooing.

Body art establishment means any premises where body art is offered or performed.

Brewery means a malt liquor beverage production facility which manufactures more than 3,500 barrels of malt liquor in a calendar year, pursuant to M.S.A. § 340A.301.

Brewpub means a restaurant establishment holding an on-sale intoxicating liquor license in which malt liquor is brewed or manufactured solely for sale and consumption on tap on the licensed premises that shall be owned by the brewer.

Buffer means the use of land, topography (difference in elevation), space, fences or landscape plantings to screen, or partially screen, a tract or property from another tract or property and thus reduce undesirable influences, such as sight, noise, dust and other external effects which a land use may have upon other adjacent or nearby land uses.

Building height means the vertical distance from the average of the highest and lowest point of that portion of the lot immediately adjacent to the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

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

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

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

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

Chicken means a domesticated bird of the species Gallus gallus domesticus, or other related birds, that serves as a source of eggs or meat.

Chicken coop means a structure for the keeping or housing of chickens.

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.

Club, private (nonprofit), means a nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests.

Cocktail room means an area on the premises of a microdistillery, or on premises adjacent to a microdistillery, and owned by the distiller in which the distiller sells or otherwise provides exclusively distilled spirits produced by the distiller for consumption within the cocktail room.

Collector street means a street which carries traffic from local streets to or from arterial streets or from arterial-to-arterial. The term "collector street" includes the principal entrance streets of a residential development and those principal streets used for circulation within such a development.

Commerical recreation means non-traditional (quasi) retail uses involving indoor recreational instruction and participative athletic or entertainment use(s), including, but not limited to, sports facilities/training, fitness training, gymnastic/jump center, martial arts and dancing schools, amusement/arcade uses, bowling alleys, electronic simulators, bingo halls and similar uses.

Comprehensive plan, unless otherwise stated, means the general plan for land use, transportation, and community facilities prepared and maintained pursuant to state law.

Convenience food restaurant means an establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(2)

The customer is not served food at his table by an employee but receives it at a counter, window, or similar facility for carrying to another location on or off the premises for consumption.

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

Curb level means the grade elevation established by the city council of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level, or its equivalent, for the purpose of this chapter.

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

Depth of rear yard means the mean horizontal distance between the rear line of the principal building and the centerline of an alley (where an alley exists), otherwise a rear lot line.

District means a section of the city for which the regulations governing the height, area, use of buildings and premises are the same.

DRC means the city development review committee, established in section 38-34.

Drive-in business means any business in which people are provided a service or a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, the following: drive-in theater, drive-in bank, drive-in laundry or dry-cleaning pick-up station, drive-in cafe, and any business offering take-home food services.

Dwelling means any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings either permanently or transiently.

Dwelling, attached, means a dwelling which is joined to another dwelling.

Dwelling, detached, means a dwelling, (including its attached private garage, if any) which is entirely surrounded by open space on the same lot.

Dwelling, one-family, means a building designed for or occupied exclusively by one household.

Dwelling, two-family, means a building designed for or occupied by two households.

Dwelling unit means a residential accommodation, including complete kitchen facilities, permanently installed which are arranged, designed, used or intended for use exclusively as living quarters for one household and not more than an aggregate of two roomers or boarders. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.

Family. Any of the following shall apply:

(1)

A person related by blood, marriage or adoption, together with their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.

(2)

Group or foster care of not more than six wards, together with their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency.

(3)

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

Fence means a barrier constructed of materials other than evergreen shrubbery erected for the purpose of protection, confinement, enclosure, or privacy. The term "fence" includes barriers of at least 25 percent opacity, screening walls, and opaque lines of plantings exceeding 30 inches in height.

Floodplain means the area adjoining a river, stream, channel, lake or low area which is subject to flooding as defined by the city engineer.

Floor area. The floor area of a building shall be the sum of the gross horizontal areas of the several floors of such building, exclusive of cellars or basements, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings.

Garage, private, means an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the household resident upon the premises, and in which no business service or industry is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two more capacity may be so rented.

Garage, public, means any premises except those described as a private or community garage, used for the storage or care of power-driven vehicles, or where any such vehicles are equipped for operation, repair, or kept for remuneration, hire or sale.

Home occupation means any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. This occupation shall be carried on or conducted only by members of a family residing in the dwelling.

Hotel, motel, means any building, or portion thereof, where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms in an individual room or apartment.

Household means any number of individuals living together on the premises as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, or hotel, as defined herein.

Independent living apartment means an apartment within a group residential facility that is marketed only to people age 55 years or older in which some congregate meals or other personal assistance with daily living or health maintenance may be provided on an individual, as-requested basis.

Junkyard means an open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Kennel means a place which provides for boarding, training or otherwise caring for or providing services to dogs, cats or any other domestic pets. The term "kennel" includes any place where more than three domestic animals are kept for any purpose, with the exception of a litter of domestic animals up to six months from birth.

Laboratories means space utilized and equipped for research, development, and testing for technical, medical, scientific, and other reasons; or a space to test drugs or chemicals, such as medical marijuana.

Landscaping means planting of trees, grass, and shrubs and grading of land.

Light industry means any operation which assembles, improves, treats, compounds, or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place, which does not require outside storage or goods or materials and which does not generate (in the opinion of the city council) objectionable amounts of truck traffic.

Livestock means the keeping of one or more farm animals, whether kept for slaughter or for a pet.

Loading space means that portion of a lot or plat designed to serve the purpose of loading or unloading all types of vehicles.

Local street means a street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.

Lot means one unit of a recorded plat or subdivision occupied, or to be occupied, by a building and its accessory buildings and including, as a minimum, such open spaces as are required under this chapter and having frontage on a public street. The term "lot" is synonymous with the term "plot."

Lot area means the land area within the lot lines. The area of public rights-of-way is not included in the lot area.

Lot area per family means the lot area required by this chapter to be provided for each family in a dwelling.

Lot, corner. See Corner lot.

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

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

Lot line means a property boundary line of any lot held in single or separate ownership, except that, where a portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot line, front, means that boundary of a lot which is along an existing or dedicated street. The owner of a corner lot may select either street lot as the front lot line.

Lot line, rear, means that boundary of a lot 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 means any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey; or a parcel of land.

Lot width means the horizontal distance between the side lot lines of a lot measured within the lot boundary and at the minimum required front setback line.

Manufactured home means 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 onsite, 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; except that the term "manufactured homes" includes any structure which meets all the requirements and, with respect to which the manufacturer, voluntarily files a certification and complies with the standards established under this chapter.

Manufactured home lot means a section of ground in a manufactured home park of not less than 3,600 square feet of unoccupied space in an area designated as the location for one manufactured home, off-street parking space for one automobile and other uses considered pertinent to the establishment and use of a manufactured home residence. In case of multi-story structures, a unit means an area of not less than 1,680 square feet of unoccupied floor space to be used as the location for one manufactured home. Off-street parking space for one automobile per unit shall be provided adjacent to the multi-story structure.

Manufactured home park means any park, trailer park, trailer court, trailer camp or campsite, lot, parcel, tract of land or multi-story structure designed, maintained or intended for the purpose of supplying a location or accommodations for any manufactured home, coach or manufactured home coaches and upon which any manufactured home coach or manufactured home coaches are parked and includes all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park and its facilities or not. The term "manufactured home park" shall not include automobile or manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale, except as herein provided for in manufactured home sales lots.

Manufacturing, light, means the processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.

Massage therapy or therapeutic massage means a scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the rubbing, tapping, pounding or kneading of a person's skin, muscles, and tissues or the stretching of body limbs (e.g., Thai massage) for the purpose of easing mental and physical tension, the breaking up of fatty tissues, relaxing muscles, or alleviating muscle spasms, and the improvement of circulation through the body.

Massage therapy business means:

(1)

Any enterprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the city for a fee or other consideration paid either directly or indirectly, that:

a.

Has one or more massage therapists, including the owner, employed or contracted to provide massage therapy services for the massage therapy business; or

b.

Is located in a fixed location in a nonresidential district within the city wherein massage therapy services are provided.

(2)

Any health or medical facility, office, or clinic operated by state-licensed medical professionals or any health or medical-related business operated by state-licensed medical professionals, which provides therapeutic massage to its patients, shall not be deemed as a massage therapy business.

Medical marijuana means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins and is delivered in the form of liquid, but not limited to oil; pill; or a vaporized delivery method with the use of liquid or oil, but which does not require the use of dried leaves or plant form that has been approved by the commissioner of the state department of health under M.S.A. § 152.25.

Medical marijuana distribution facility means an establishment engaged in the sale and distribution of medical marijuana that is validly registered and approved by the state.

Medical uses means those uses concerned with the diagnosis, treatment, and care of human beings. These include: hospitals, dental services, medical services or clinics, nursing or convalescent homes, orphans' homes, rest homes, and sanitariums.

Memory care apartment means an assisted living apartment with a high level of oversight for people with Alzheimer's disease and other forms of dementia.

Microbrewery means a brewer who manufactures fewer than 2,000 barrels of malt liquor in a year.

Microdistillery means a distillery producing premium, distilled spirits in total quantity not to exceed 3,500 proof gallons in a calendar year, consistent with M.S.A. § 340A.22.

Minor arterial street, as designated by the functional classification system of the city comprehensive plan, means County Road 49, TH 96, TH 61, and County Road E, east of Interstate 35E.

More restricted, less restricted. The meaning and application of the terms "more restricted" and "less restricted," when used with reference to two or more zoning districts, shall be determined by the city council in an instance where applicable with reference to the uses, performance standards and building, lot and setback requirements and restrictions of the applicable zoning districts, provided that, in all cases, a residential zoning district shall be deemed more restricted than a business or industrial zoning district.

Motor freight terminal means a building or area in which freight brought by motor truck is transferred, assembled or stored for routing in intra-site or inter-state shipment by motor truck. The term "motor freight terminal" includes the storage of the motor trucks themselves.

Multiple residence (apartment building) means a structure containing three or more dwelling units, but not a townhouse cluster.

Nonconforming use means any lawfully-established use of a building or premises which, on the effective date of the ordinance from which this chapter is derived or amendment thereof, does not comply with the use regulations of the zoning district in which such building or premises shall be located.

Noxious matter or material means material capable of causing injury to living organisms by chemical reaction.

Nursery, day, means a use where care is provided for pay for three or more children for a period of four hours or more per day, subject to the requirements of the state for such use.

Nursing home means a facility that provides residential accommodations with skilled nursing care 24 hours per day and rehabilitation services on a short-term or long-term basis either for the elderly or younger persons. Outpatient rehabilitation services may also be provided in the same building.

Office showroom means a building in which at least 20 percent of the floor space is devoted to office activities, the remainder being used for either warehousing, display, light manufacturing, or research and testing. Floor-to-ceiling joist heights in the warehouse would be not more than 14 feet in height, except by conditional use permit, in the city center district, where such floor-to-ceiling joist heights may be up to 24 feet, with the building facade design being approved by the city council.

Offices means structures, or portions of structures, in which commercial activities take place but where goods are not produced, sold, or repaired. These include banks, general offices, governmental offices, insurance offices, real estate offices, and taxicab offices, but not taxi stands, travel agency or transportation ticket offices, telephone exchange, utility offices, radio broadcasting and similar uses.

Open sales (or rental) lot means any land used or occupied for the purpose of buying, selling, and rental for use away from the premises, any goods, materials, or merchandise, and for the storing of the same under the open sky prior to sale or rental.

Open terrace means a flat area adjacent to a building that is constructed of concrete, stone or pavers, not elevated from the earth, used for seating or walking and without an adjacent fence, wall or balustrade.

Parking space means a suitably-surfaced and permanently-maintained area on privately-owned property, either within or outside of a building, of sufficient size to store one standard automobile.

Pharmacy means a facility where pharmaceuticals, medications, and medical supplies are sold.

Planned unit district orplanned unit development means a tract of land which is developed as a unit under single or unified ownership control and which generally includes two or more principal buildings or uses, but which may consist of one building containing a combination of principal and supportive uses. Uses not otherwise allowed in the zoning district are prohibited within a planned unit district unless specific provisions are otherwise made by ordinance or by resolution adopted pursuant to the provisions of this chapter.

Planning commission means the planning commission of the city.

Place of assembly means a facility providing for the assembly of persons to gather for deliberation, worship, or celebration. An assembly may be either religious or secular, but specifically includes a religious institution or place of worship, and does not include uses that may fall under separate definitions in this Code.

Plot means a tract other than one unit of a recorded plat or subdivision and occupied and used, or intended to be occupied and used, as a home site and improved, or intended to be improved, by the erection thereon of a dwelling and accessory buildings and having a frontage upon a public street or upon a thoroughfare or upon a way or upon a traveled or used or planned road and including, as a minimum, such open spaces as are required under this chapter.

Pole barn/post and beam means wooden post and beam acting as the main structural support for roof and walls, where there are no concrete/masonry support under posts and the walls and roof are covered with metal skin.

Premises means a lot or plot with the required front, side and rear yards for a dwelling, including any structure.

Professional service means work done for others, predominately on the premises of the office, by someone trained and engaged in such work for a career, e.g., doctors, lawyers, and accountants.

Public land or use means land owned or operated by municipal, school district, county, state or other governmental units.

Public utility uses means underground or overhead transmission facilities of electric power, gas, steam, water, telephone and railroad companies. These include: electric power transmission lines and gas pipelines, but not substations; telephone facilities; water pumping, reservoir, and distribution facilities; railroad trackage, but not storage and switching gears; sewers, pipes, poles, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and similar equipment, but not buildings.

Quad home means a single structure containing four dwelling units.

Rear yard means an open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.

Recreation equipment (residential) means play apparatus, such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, playhouses or sheds utilized for the storage of equipment.

Recreational vehicle (RV) means any building, structure, or vehicle designed or used for living or sleeping or recreational purposes and equipped with wheels to facilitate movement from place-to-place, and automobiles when used for living or sleeping purposes, and including pick-up coaches (campers), motorized homes, boats, travel trailers, and camping trailers not meeting the specifications required for manufactured home or mobile home.

Research means medical, chemical, electrical, metallurgical or other scientific research conducted in accordance with the provisions of this chapter.

Resale business means a business for which the stock of goods is primarily used, donated by or purchased from an individual or previously returned to another retail store, including, but not limited to, consignment and thrift shops.

Rest home (nursing home) means a private home for the care of children or the aged or infirm or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of acute disease, or recent injury, nor does it include maternity care.

Restaurant means a building where prepared food is sold to the public for consumption on the premises, including brewpubs, but not including convenience food restaurants as defined in this chapter.

Retail business means a business that primarily sells new carry-out goods.

Roofline means either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette, and, where a building has several roof eaves, this roof or parapet shall be the one belonging to that portion of the building on whose wall a sign is located.

School. Unless otherwise specifically described in this chapter or ordinances of the city of other applicable laws or regulations, the term "school" means any building used for educational purposes by five or more persons and meeting the state educational requirements.

Senior housing means housing designed and marketed only to people age 55 years or older. The term "senior housing" may include independent living apartments, assisted living apartments or memory care apartments, but is not the same as a nursing home.

Service station means a place where gasoline, kerosene, or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. The term "service station" includes greasing and oiling and the sale of automobile accessories on the premises. The term "service station" also includes minor repairing, incidental body and fender work, replacement of parts and motor services to passenger automobiles and trucks; collision services, including body, frame or fender straightening, or repair; general printing or paint jobs; and vehicle steam cleaning. Business sidelines, such as trailer rentals, discount stores, etc., are not included as ordinary service station activity unless specifically permitted by conditional use permit.

Setback means the minimum horizontal distance between a building and the street or lot line.

Side yard means an open, unoccupied space on the same lot with a building between the building and the side line of the lot, and extending from the front lot line to the rear of the backyard.

Single-family dwelling. See Dwelling, one-family.

Small brewery means a brewer who manufactures 2,000 to 3,500 barrels of malt liquor in a year.

Sponsor sign means a permanent wall sign that announces the name of a company, organization or individual that contributes financial or in-kind support at the highest level of sponsorship to support the facility.

Stable means any building which is used to shelter horses.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar or unused under-floor space shall be considered a story.

Street means a public right-of-way at least 30 feet in width which affords a primary means of access to abutting property.

Street line means the dividing line between the lot and the street.

Structural alterations means any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Taproom means an area on the premises of a microbrewery, or on premises adjacent to a brewery owned by the brewer, in which the brewer sells or otherwise provides exclusively malt liquor produced by the brewer for consumption within the taproom.

Temporary family health care dwelling means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, as defined and regulated by M.S.A. § 462.3593.

Theaters means a building or room filled with a stage or screen and seats for spectators, including movie theaters, dinner theaters and playhouses.

Townhouse means a single structure consisting of three or more dwelling units having the first story at the ground level with no other dwelling units or portions thereof directly above or below.

Transportation/transit facility means a property containing a principal building with office and maintenance functions to provide transportation/transit services, including outdoor storage of vehicles, equipment, and bulk storage of liquids.

Use means the purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory, means a use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.

Use, conditional/special, means either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration, in each case of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted by the city council. A conditional use may be a principal use or an accessory use. To be consistent with state statutes, any prior references contained in this chapter to a conditional use permit shall be a conditional use permit.

Use, interim, means a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use.

Use, permitted, means a use which is lawfully established in a particular district and which conforms with all requirements, regulations and performance standards of such district. A permitted use may be a principal use or an accessory use.

Use, principal, means a use or structure which determines the predominant or major use of the lot on which it is located. A principal use may be either a permitted or a conditional use.

Variance means a modification or variation of the provisions of this chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance.

Veterinary establishment means a place where the diagnosis, treatment, and care of animals is conducted and where animals are boarded.

Warehousing means the storage of materials, goods, or equipment within an enclosed building as a principal use.

Wholesaling means the selling of goods, equipment and materials to another business that, in turn, sells to the other customers.

Width of lot means the width of a lot is its own mean width measured at right angles to its mean depth.

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

Yard, front, means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to a depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, side, means the yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

Zero lot line dwelling means a home that is sited so that it abuts one property line. They may be attached (common wall) structures or detached.

Zoning district means an area within the limits of the city for which the regulations and requirements governing use are uniform.

(Code 1999, §§ 5.010—5.890; Ord. No. 663, 1-15-2014; Ord. No. 680; Ord. No. 693; Ord. No. 699, 9-7-2016; Ord. No. 702, 2-1-2017; Ord. No. 705, 1-4-2017; Ord. No. 708, 3-15-2017; Ord. No. 710, 3-15-2017; Ord. No. 715, § XII(5.812)—(5.815); Ord. No. 723, § I(5.030), 2-20-2018; Ord. No. 724, § XXX, 3-6-2018; Ord. No. 753, § I, 7-20-2021; Ord. No. 757, § II, 5-3-2022; Ord. No. 774, § I, 7-16-2024)

It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the city comprehensive plan, as developed and amended from time to time by the planning commission and city council.

(Code 1999, § 4.030)

(a)

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

(b)

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

(c)

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

(d)

Except as herein provided, no building, structure or premises shall hereafter be used or occupied, and no building permit shall be granted that does not conform to the requirements of this chapter.

(e)

Affected by public property acquisition as to setback requirements, the reduced setbacks will be recognized as a legal variance and become the basis for evaluating future expansion or modification of the building, use, driveways and parking areas as part of the site plan review process. Landscaping and parking may be permitted in the easements by city approval with a liability, trespass, and restoration responsibility waiver. The acquisition shall be considered a hardship and be processed as a minor variance application with review by the DRC and action by the city council. There will be no application fee.

(Code 1999, § 4.040)

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the city council or the planning commission, on their own initiative or upon request, may direct the city planner to conduct a study to determine if the use is acceptable and, if so, what zoning district would be most appropriate, as well as what conditions and standards should be imposed relating to development of the use. The city council, planning commission or property owner, upon receipt of the city planner's study shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

(Code 1999, § 4.050)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of the provision to any other property, building, or structure not specifically included in the judgment.

(Code 1999, § 4.070)