Waseca City Zoning Code

RULES AND

DEFINITIONS

§ 154.196 GENERAL RULES FOR INTERPRETATION.

The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.

(A) Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be interpreted in accordance with the general purposes set forth in §§ 154.001 through 154.009, General Provisions, and the specific purpose statements set forth throughout this chapter. When a specific section of these regulations gives a different meaning than the general definition provided in this article, the specific section’s meaning and application of the term shall control.

(B) Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this chapter and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.

(C) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “for example,” “including,” and “such as,” or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(D) Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the city. References to days are calendar days unless otherwise stated.

(E) References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

(F) Delegation of authority. Any act authorized by this chapter to be carried out by a specific official or department of the city may be carried out by a professional-level designee of such official or department.

(G) Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(H) Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Waseca, unless otherwise indicated.

(I) Mandatory and discretionary terms. The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive in nature.

(J) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1) “And” indicates that all connected items, conditions, provisions or events apply; and

(2) “Or” indicates that one or more of the connected items, conditions, provisions, or events apply.

(K) Tenses, plurals, and gender.

(1) Words used in the present tense include the future tense.

(2) Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

(3) Words used in the masculine gender include the feminine gender, and vice versa.

(L) Terms not defined. If a term used in this chapter is not defined in this chapter, the Community Development Department shall have the authority to provide a definition based upon the definitions used in accepted sources including but not limited to: A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms: A Survey of Zoning Definitions, or any standard dictionary.

(Ord. 1040, passed 1-5-16)

§ 154.197 COMMON DISTRICT REQUIREMENTS.

The following regulations shall apply in all base zoning districts:

(A) Building within public easements prohibited. No permanent structure shall be built in an easement dedicated for a public purpose unless authorized by an amendment to the easement or a license agreement issued by the Community Development Department.

(B) Outlots. No building permit or grading permit can be issued for a parcel of land designated in a plat as an outlot unless specifically authorized by the City Council.

(C) Principal buildings on a parcel. Normally, only one principal building is allowed on each land parcel. However, more than one principal building may be allowed on a platted lot if:

(1) The buildings are closely equivalent in size and importance; and

(2) They are all approved and remain under the same ownership; or

(3) The parcel is platted as a common interest community per M.S. § 515B.2-1101.

(Ord. 1040, passed 1-5-16)

§ 154.198 LOT AND PARCEL CONTROLS.

(A) Zoning lots. No part of an existing zoning lot shall be used as a separate zoning lot or for the use of another zoning lot, except as otherwise provided in this chapter.

(B) Minimum lot area. Lot area requirements shall be as specified in the applicable zoning district in which a zoning lot is located. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements identified within this chapter.

(C) Street frontage. Each lot shall have frontage on a public street at a width satisfying the requirements specified for each zoning district. In the case of a condominium, unified shopping center, or planned unit development, the entire site shall be considered one zoning lot.

(D) Common yard and height requirements. In general:

(1) Unless otherwise authorized by variance, administrative adjustment or PUD, no lot, yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.

(2) A yard or other open area required about a building shall not be included as part of a yard or other open space for another building.

(E) Division of a zoning lot. No zoning lot shall be divided into two or more zoning lots unless all zoning lots resulting from such division conform to all applicable regulations of this chapter.

(F) Existing lots.

(1) A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the Office of the County Recorder or Registrar of Titles on or before the date of adoption of this chapter may be used for single-family detached dwelling purposes provided the area and width are within 66% of the minimum requirements of this chapter and provided that it can be demonstrated that safe and adequate sewage treatment systems can be installed to serve the permanent dwelling.

(2) In the Shoreland Overlay Zoning District, lots of record in the Office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of §§ 154.110 through 154.126, Shoreland Overlay District, may be allowed as building sites without variances from lot size requirements provided:

(a) The use is permitted in the zoning district;

(b) The lot has been in separate ownership from abutting lands at all times since it became substandard;

(d) Sewage treatment and setback requirements of this chapter are met; and

(e) Impervious surface coverage does not exceed 25% of the lot.

(3) In the Shoreland Overlay Zoning District, a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

(a) The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. Rules, Ch. 6120;

(b) The lot must be connected to safe and adequate sewage treatment;

(d) Development of the lot must be consistent with an adopted comprehensive plan.

(4) A lot subject to division (C) of this section, not meeting the requirements of division (C) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

(5) Notwithstanding division (C) of this section, contiguous non-conforming lots of record in shoreland areas under a common ownership must be able to be sold individually if each lot contained a habitable dwelling at the time the lots came under common ownership and the lots are connected to safe and adequate sewage treatment.

(6) In the Shoreland Overlay Zoning District, when evaluating variances, zoning and building permit applications or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff, impervious surfaces, increased setback, wetland restoration, vegetative buffers, sewage treatment and water supply, and other conservation actions.

(7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(`86 Code, § 9.14) (Am. Ord. 632, passed 12-15-92; Am. Ord. 983, passed 7-17-12)

(G) Corner lots. On a corner lot, one of the lot lines that abuts the street shall be considered a front lot line and the other shall be considered a corner side lot line. Establishment of the front lot line shall be based on the orientation of the existing or proposed building.

(H) Through lots. On a through lot, both lot lines that abut the street shall be considered front lot lines. The required front setback shall be provided and maintained along each front lot line.

(Ord. 1040, passed 1-5-16)

§ 154.199 ENCROACHMENTS ALLOWED INTO REQUIRED SETBACK AREAS.

The following shall be considered as permitted encroachments on setback and height requirements except as provided in this chapter.

(A) In any yard: off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, patios and open terraces that do not rise more than one foot above the ground, service station pump islands, open canopies between principal and accessory buildings, steps, access ramps for handicapped persons, chimneys, antennas mounted on buildings, flag poles, posts, mail boxes, “Little Free Libraries,” ornamental features, open fire escapes, sidewalks and fences and all other similar devices incidental and appurtenant to the principal structure except as hereinafter amended.

(B) Decks are also exempted from the rear yard setback requirements except that a deck may not be located closer than 20 feet from the rear property line.

(C) Balconies, eaves and extensions of decks eight feet above grade shall not extend over minimum side setback lines or over driveways, however, encroachments on the front and rear yard setbacks are permitted as follows:

(1) Front yard setback: extension equal to 10% of the minimum front setback required for the underlying zoning district.

(2) Rear yard setback: minimum setback of 20 feet from the rear property line.

(D) Unenclosed or open sided porches and decks may extend into the front yard setback of any residential district a distance equal to 50% of the setback or ten feet, whichever is less. Rails, roofs and porch posts shall be permitted. Porches may be screened, however, no walls shall be permitted.

(`86 Code, § 9.56) (Ord. 700, passed 7-15-97; Am. Ord. 942, passed 7-1-08; Am. Ord. 1040, passed 1-5-16)

§ 154.200 HEIGHT LIMITS AND EXCEPTIONS.

(A) In general. The total height of any structure shall not exceed the maximum height limit established for the applicable zoning district unless expressly stated otherwise in this chapter.

(B) Exceptions. Height limits shall not apply to chimneys, church spires, belfries, cooling towers, cupolas and domes which do not contain useable space, elevator penthouses, fire escapes or roof access stairways, flag poles, mechanical equipment required to operate and maintain the building, monuments, parapet walls extending not more than three feet above the limiting height of the building, rooftop dish antennas, skylights, water towers, wind electrical generators, telecommunication towers or similar appurtenances, provided:

(1) The appurtenance does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace;

(2) The appurtenance does not extend more than 25 feet above the maximum permitted building height, except as specifically allowed by this chapter;

(3) The appurtenance does not exceed a maximum height of 200 feet above grade;

(4) The appurtenance is not constructed for the purpose of providing additional floor area in the building; and

(5) The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in this chapter.

(Ord. 1040, passed 1-5-16)

§ 154.201 RULES OF MEASUREMENT.

(A) Measurements, generally.

(1) Purpose. The purpose of this section is to clarify the rules of measurement and exemptions that apply to all principal and accessory uses allowed in this chapter. These standards may be modified by other applicable sections of this chapter.

(2) Distance measurements, generally. Unless stated otherwise, all distances are in feet or square feet. Unless otherwise expressly stated, distances specified in this chapter are to be measured as the length of an imaginary straight line joining those points.

(3) Lots.

(a) Average lot size. The mean lot size for all lots being platted.

(b) Average lot width. The mean lot width for all lots being platted.

(c) Lot area. The amount of land area, measured horizontally, included within the lines of a lot. Lands located within any private easements shall be included within the lot area. Public rights-of-way and areas below the ordinary high-water (OHW) mark for water features are not to be included in calculating lot area, except where specifically allowed by this chapter. The terms “lot size” and “lot area” shall be interchangeable.

(d) Lot coverage. Lot coverage shall be calculated as the total horizontal surface area of impervious surface on a given lot.

(e) Lot depth. Lot depth shall be determined by a straight line connecting the midpoint of the front lot line to the midpoint of the rear lot line, or to the rear most point of the lot when there is no rear lot line (see Figure 17-1 for examples).

(f) Lot or street frontage. In the case of a building lot abutting upon only one street, the frontage line is the line parallel to and common with the right-of-way. In the case of a corner lot, that part of the building lot having the narrowest frontage on any street shall be considered the frontage line. For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required in this chapter.

(g) Lot line (see figure 17-2 for examples).

1. Corner side lot line. The corner side lot line is a side lot line that abuts a street or other right- of-way.

2. Front lot line. The front lot line is the line connecting the two side lot lines along the edge of the street that provides a lot’s street address or that opposes the primary entrance of a building.

3. Rear lot line. The rear lot line is the line connecting the two side lot lines along the edge of the lot opposite from the front line.

4. Side lot line. The side lot line is the lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.

Figure 17-2: Yards, lot lines and building lines

(h) Lot types.

1. Base lot. A contiguous parcel of land in identical ownership throughout, bounded by other lots or streets, and used or set aside and available for use as the site of one or more buildings or other definite purpose. References to “lot” within this chapter are synonymous with “base lot”.

2. Corner lot. A lot located at the intersection of two or more streets (other than alleys), regardless of whether or not such streets intersect at right angles.

3. Cul-de-sac lot. A lot located on the head or turnaround of a cul-de-sac with side lot lines on a tangent to the arc of the right-of-way.

4. Double frontage lot. A lot other than a corner lot with frontage on more than one street other than an alley.

5. Flag lot. An “L-shaped” lot on which the front lot line is narrower than the minimum required and is narrower than the portion of the lot that does not abut the public street.

6. Interior lot. A lot other than a corner lot with only one frontage on a street other than an alley.

7. Unit lot. A specialized lot created within a base lot simply for the purpose of defining ownership for certain multi family dwelling types.

Figure 17-3: Types of lots

(i) Lot width.

1. Lot width shall be determined by a straight line connecting the endpoints determined by the intersection of the side lot lines and the required front yard setback.

2. The width of a corner lot shall be calcula ted from the side with the least frontage on a right-of -way.

Figure 17-4: The gray lines in Figure 17-4 run along the required front yard setbacks. The width of a lot is determined by a straight line connecting the points where the front setback line intersects the side lot lines. In the case of Example C, a corner lot with a front and a corner-side setback, the width is measured along the narrower street because the front lot is defined as being along the narrower side.

(B) General lot requirements.

(1) Construction of more than one principal structure on a platted lot. Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding buildings under common ownership or unified control) shall not be issued unless the land is subdivided in accordance with the procedures and standards of this chapter.

(2) Any newly annexed, unplatted property shall be platted in accordance with the provisions and standards of this chapter before it is developed. For the purposes of this chapter, the term “developed” is defined as any construction activity requiring the installation of public improvements or any construction activity requiring a building permit except for: decks, driveways, fences, accessory structures less than 700 square feet in area, residential additions greater than 1,500 square feet in floor area, and commercial or industrial expansion less than 10,000 square feet in floor area.

(3) Lots divided by zoning district lines. Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

(1) Definitions that pertain to measurements.

(a) ACCESSORY STRUCTURE YARD. The minimum yard requirement between a lot line and an allowable accessory structure.

(b) BUILDING LINE. A line formed by the face of a building which is used to establish the yards around a building or structure.

(d) RIGHT-OF-WAY (ROW). Land dedicated, deeded, used, or to be used for a street, road, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the owner gives up rights to the land so long as it is being or will be used for the dedicated purpose.

(e) SETBACK LINE. A line located at the inside edge of a required front, side, or rear yard. Exterior building walls may not encroach into the required yard beyond the building setback line. Portions of a building, (e.g., an overhang, eave, entry stairs, bay windows, foundation planters, and the like) may encroach into a required yard as allowed in allowable yard encroachments.

(f) YARD. A required open area unoccupied and unobstructed by any building or by any structure or portion of a structure except as allowed by this chapter. Fences, walls, and incidental structures (e.g., flagpoles, birdhouses or feeders, clothesline posts, and the like) may be permitted within a yard provided the structures do not interfere with corner visibility.

(g) YARD TYPES.

1. CORNER SIDE YARD. A side yard extending between the front and rear lot lines parallel to an abutting street or right-of-way.

2. FRONT YARD. A yard extending between side lot lines across the front of a lot between the front lot line and the front building line.

3. REAR YARD. A yard extending across the rear of the lot between the rear lot line and the rear building line. In the case of double frontage lots, there is no rear yard, and the requirements for the front yard shall apply to the front and rear.

4. SIDE YARD. A yard extending from the front building line to rear building line. In the case of double frontage lots, the side yard extends from the front building line to the opposing building line associated with the other yard.

5. ZERO SIDE LOT LINE. A condition where no side yard is provided between two or more distinct dwelling units sharing a party wall (e.g., townhouse, duplex, attached residential, and the like).

(D) Front setback in the R-1 and R-2 Districts. The front setback in the R-1 and R-2 Districts shall be a build-to line. All other setbacks shall be minimum setbacks.

(E) Bulk.

(1) Building coverage. Building coverage is a measure of intensity of a use of land that represents the portion of a site that is covered by building footprint, as well as attached porches, decks, and balconies. Building coverage does not include driveways, streets, sidewalks, and any other areas covered by an impervious surface material, including areas of outdoor storage.

(2) Building size. Building size is the total floor area located inside exterior walls and covered by a roof.

(3) District size. The minimum size, in acres, of a base or overlay zoning district, including streets, rights-of-way, and open space areas, but excluding unbuildable lands.

(4) Floor area. The sum of the gross horizontal areas of the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, and excluding the following:

(a) Attic areas with a headroom of less than seven feet;

(b) Unenclosed stairs or fire escapes;

(d) Cooling towers;

(e) Areas devoted to machinery and equipment for air conditioning, ventilation, heating, and other similar building service needs;

(f) Structured parking; and

(g) Basement space not used for retailing activities, the production or processing of goods, or for business or professional offices.

(F) Height.

(1) Building height. The vertical distance from the natural grade measured either at the curb level or at a point ten feet away from the front center of the structure or building, whichever is closer, to the top of the highest point of the roof on a flat or shed roof, the deck line on a mansard roof, or to the uppermost point of all other roof types.

(2) Building story.

(a) The space between the surface of any floor and the surface of the next floor above it; or if there is no floor above it, the space between the floor surface and the top of the ceiling joists or roof rafters above it. Typically, story height in a residential structure is nine feet per story, and story height in a non-residential structure is 12 feet per story.

(b) If the finished floor level directly above a basement or cellar or unused under-floor space is more than six feet above the grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar, or unused under-floor space shall be considered as a story.

(3) Fence and wall height. Fence and wall heights are to be measured from the adjoining average grade. In the case of grade separation such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade.

(4) Garage side wall height. The height of a garage side wall is measured from the top of the concrete slab to the top of the top plate.

(5) Grade. Grade means the level of the finished ground surface immediately adjacent to the exterior walls of a building.

(Ord. 1040, passed 1-5-16)

§ 154.202 DEFINITIONS.

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

ACCESSORY. A use, activity, structure, or part of a structure that is subordinate and incidental to the main activity or structure on the site.

ACCESSORY STRUCTURE OR USE. A structure or portion of a structure subordinate to and serving the principle use structure on the same lot and customarily incidental hereto.

ADULT USES. Includes adult bookstores, adult motion picture theatres, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by M.S. § 617.241 are not included.

SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, picquerism, sapphism, and zooerasty.

(b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence.

(d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.

(e) Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes; and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons.

(f) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being.

(g) Human excretion, urination, menstruation, vaginal, or anal irrigation.

ADULT USE, ACCESSORY. The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and the like.

ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:

(1) Adult use body painting studio - an establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.

(2) Adult use bookstore - a building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(3) Adult use cabaret - a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of “specified sexual activities” or “specified anatomical areas”.

(4) Adult use companionship establishment - a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(5) Adult use conversation/rap parlor - a conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(6) Adult use health/sport club - a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(7) Adult use hotel/motel - adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.

(8) Adult use massage parlor/health club - a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(9) Adult use mini-motion picture theatre - a building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(10) Adult use modeling studio - an establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

(11) Adult use motion picture arcade - any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

(12) Adult use motion picture theatre - a building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(13) Adult use novelty business - a business which has, as a principal activity, the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

(14) Adult sauna - a sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(15) Adult steam room/bathhouse facility - a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

AGRICULTURE. The use of land for the growing and/or production of field crops, livestock and livestock products for the production of income, including, but not limited to the following:

(1) Field crops, including barley, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;

(2) Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink; and

(3) Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.

AIRPORT. The Waseca Municipal Airport located in the east half of Section 14, Township 107 north, Range 23 West of the 5th Principal Meridian.

AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 1,126 feet above mean sea level.

AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.

ALLEY. A public right-of-way that provides secondary access to abutting property.

ANIMAL CLINIC. A business for the veterinary care of domestic pets that may include indoor boarding of animals being treated.

APARTMENT BUILDING. A building that contains several dwellings that each has access from an interior hallway rather than a door on the exterior of the building. Each dwelling in an apartment building is designed for habitation by one household and is equipped with its own cooking and bathing facilities.

APPURTENANCE. The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, open porches, bay windows, roof overhangs, awnings, solar energy systems and similar features.

ASSEMBLY HALL. A building in which people participate in or hold meetings, religious services, lectures, civic activities and other similar activities.

ASSISTED LIVING FACILITY. A multiple-family structure that includes a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of people who need help with activities of daily living but where the emphasis of the facility remains residential. Residents of assisted living facilities do not require hospitalization or skilled or intermediate nursing care associated with nursing home facilities, but do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration.

AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; body repair and painting, vehicle steam cleaning, frame and/or unibody straightening and repair, sandblasting and/or steam cleaning, undercoating or rust proofing, upholstery work. This business performs structural and cosmetic repairs to autos, light trucks, and equipment of 9,000 pounds gross vehicle weight and less.

AUTOMOBILE REPAIR - MINOR. A business that performs mechanical and electrical repairs to autos, light trucks, and equipment 9,000 pounds gross vehicle weight and less. Allowed activities include minor repairs, incidental body and fender work, glass replacement, minor painting and upholstering, tune ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or components when installation is available, wheel alignment and balancing, tire repair, radiator repair, washing, cleaning, and polishing, but specifically excluding any operation specified or implied under the definition of “Automobile Repair - Major”.

BAR or TAVERN. A business, other than a bottle club, that derives more than 50% of its revenue through the sale of alcohol.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. BASE FLOOD is synonymous with the term “regional flood” used in Minn. Rules, Part 6120.5000.

BASE FLOOD ELEVATION (BFE). The elevation of the base flood, regional flood, or 1% annual chance flood. The term BASE FLOOD ELEVATION is used in the Flood Insurance Study.

BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

BED AND BREAKFAST HOME. A private residence, generally a single-family residence, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers and business people, where provision of meals is limited to breakfast for guests only.

BERM. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.

BEST MANAGEMENT PRACTICES. The most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means of to control, prevent, and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designated area-wide planning agencies.

BLUFF. A topographic feature such as a hill, cliff or embankment, where part or all of the feature is in a shoreland area, where the slope rises at least 25 feet above the ordinary high water level of the water body, where 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% or greater, and where the slope drains toward the water body.

(1) TOE OF BLUFF. 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 bluff shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.

(2) TOP OF BLUFF. 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 Top of Bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.

(3) BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BOARDER. A person who regularly receives lodging with or without meals at another’s home for pay or services.

BOARDING HOUSE. A building other than a hotel where, for compensation and by pre- arrangement for definite periods, meals or lodging and meals are provided to one or more people, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than six persons.

BOATHOUSE. A structure used solely for the storage of boats or boating equipment.

BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

BUILDING. A structure with a roof, intended for shelter, housing, business, or enclosure.

BUILDING FRONT FACADE. A building elevation which fronts on a public street, public parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available.

BUILDING LINE. A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line. In a shoreland management area, the BUILDING LINE is also a line parallel to the ordinary high water level at the required setback beyond which a structure may not extend.

BUILDING PERMIT APPLICATION. A city application form accompanied by drawings that depict the construction details for one or more proposed structures. Such drawings must conform to the Minnesota Building Code, Electrical Code and Plumbing Code. May also include a drawing showing the location of the building on the site and on-site improvements such as grading and drainage.

BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot.

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

BUSINESS DAY. A day on which City Hall is open.

BUSINESS SUPPORT SERVICES. Establishments that engage primarily in rendering services to businesses including but not limited to copy shops, printing services, package and postal services, photo processing, janitorial services, and similar operations.

CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper inches of a tree shall be determined by measuring the tree’s diameter four feet, six inches from the ground.

CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flowers from mature plants, package and label immature plants, seedlings, and cannabis flowers for sale to other cannabis businesses, transport cannabis flowers to a cannabis manufacturer located on the same premises, and perform other acts as approved by the Office of Cannabis Management (OCM).

CANNABIS or LOWER-POTENCY HEMP EDIBLE MANUFACTURING. An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to M.S. Chapter 342; an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate, manufacture artificially derived cannabinoids and hemp edibles for public consumption, package and label lower-potency hemp edibles for sale to customers, sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses, and perform other actions pursuant to M.S. Chapter 342; or an entity in possession of a medical cannabis processor license pursuant to M.S. Chapter 342.

CANNABIS MEZZOBUSINESS. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to M.S. Chapter 342.

CANNABIS MICROBUSINESS. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to M.S. Chapter 342.

CANNABIS RETAIL BUSINESS. A state-licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, and medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to M.S. Chapter 342.

CANNABIS RETAILER. Any person, partnership, firm, corporation, or association (foreign or domestic) selling cannabis product to a consumer and not for the purpose of resale in any form.

CANNABIS TESTING FACILITY. A facility 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 mezzobusinesses, 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 pursuant to M.S. Chapter 342.

CANNABIS TRANSPORTER. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to M.S. Chapter 342.

CANNABIS WHOLESALER. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to M.S. Chapter 342.

CEMETERY. Land used or intended to be used for burying the remains of human dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of the cemetery.

CHILD CARE DROP-IN PROGRAM. As defined in M.S. § 245A.02, “drop-in child care program” means a non-residential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month.

CHURCH. See PLACE OF PUBLIC WORSHIP.

CLEAR-CUTTING. The removal of an entire stand of trees.

CLEARING. Any activity that removes the vegetative surface cover.

CONVENIENCE STORE. A retail store not more than 8,000 square feet in area that generally carries a reduced inventory of items such as dairy products, snack foods, minor automobile items, groceries, magazines, and the like. A CONVENIENCE STORE usually includes auto fuel sales but not vehicle repair. A car wash may be allowed as an accessory use.

CREMATORY. A facility containing furnaces for the reduction of dead bodies to ashes by fire.

CUSTOM MEAT PROCESSING. A facility for the indoors-only processing of meat and poultry for wholesale and retail sales, including activities related to the cutting, smoking, grinding, and packaging of meat and poultry products, but specifically excluding slaughtering or rendering.

DAY CARE OF NON-RESIDENTIAL CARE PROGRAM. Care, supervision, rehabilitation, training or habilitation of a person provided outside the person’s own home and provided for fewer than 24 hours a day, including adult day care programs. NON-RESIDENTIAL CARE PROGRAMS include home and community-based services and semi-independent living services for persons with developmental disabilities that are provided in or outside of a person’s own home.

DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site at any point extending above grade.

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

DISTRICT, ZONING. An area delineated on the official zoning map that sets forth standards and guidelines for all development within the prescribed zoning district.

DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.

DRIVE-UP WINDOW SERVICE. A building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.

DROP-IN CHILD CARE PROGRAM. As defined in M.S. § 245A.02, DROP-IN CHILD CARE PROGRAM means a non-residential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month.

DWELLING. A building or portion thereof designated for residential occupancy, including one-family, two-family, multiple family dwellings and group homes, but not including hotels, motels, boarding houses or nursing homes.

DWELLING, ATTACHED. A structure intended for occupancy by more than one family, including duplexes, townhomes, multi-family dwellings and apartments. Accessory dwelling units as defined and permitted by this chapter are incidental to a principal dwelling unit and are not considered to be attached dwellings.

DWELLING, MULTIPLE-FAMILY. A building designed with 3or more dwelling units exclusively for occupancy by three or more families living independently of each other but sharing hallways and main entrances and exits.

DWELLING, SINGLE-FAMILY. A building designed for occupancy by one household. Must be attached to a foundation that extends below the frost line; must have sides made of wood, brick, stone, concrete, glass, and/or composite materials; and must conform to the standards of the Minnesota State Building Code. May be constructed on-site or may be constructed in modules off-site and assembled on-site. Also known as a “detached dwelling”. Includes “modular home” but not “manufactured home” or “mobile home”. Does not include a structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974 (HUD Code) or the Manufactured Home Building Code.

DWELLING, TWO- OR THREE-FAMILY. A building designed for occupancy by two or three households but otherwise conforming to the definition of single-family dwelling. May be platted into separate ownership tracts as a zero-lot-line dwelling or through the provisions of the Minnesota Common Interest Community Act.

DWELLING UNIT. An area within a structure designed and constructed to be occupied by one family which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not include hotels, motels, group residential facilities, correctional facilities, nursing/convalescent home, rehabilitation centers, or other structures designed for transient residence.

EARTH-SHELTERED BUILDING. A building constructed so that 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of livable space in residential units and of usable space in nonresidential buildings. An EARTH SHELTERED BUILDING is a complete structure that does not serve just as a foundation or substructure for above-ground construction. A partially completed building shall not be considered an EARTH SHELTERED BUILDING.

EROSION. Any process that wears away the surface of the land.

EROSION CONTROL. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.

ESSENTIAL SERVICES. Public or private utility systems for sewage, water, gas, electricity; voice, television and digital communications systems. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an ESSENTIAL SERVICE.

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 M.S. §§ 93.44 to 93.51.

FAMILY. Two or more people related to one another by blood, marriage, domestic partnership, adoption or legal guardianship (including foster children) that share a household, kitchen facilities and entrances to a single dwelling unit.

FARM. A site used for agriculture. See AGRICULTURE, above.

FARM FENCE. An open type of fence consisting of posts and horizontally run wire, further specified in M.S. § 344.02, Subds. 1(a) through 1(d).

FENCE. A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to change the natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland.

FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development.

FINAL STABILIZATION.

(1) All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed.

(2) For individual lots in residential construction by either: (a) The homebuilder completing final stabilization as specified above, or (b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and information the homeowner of the need for, and benefits of, final stabilization.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOOD FRINGE. The portion of the 1% annual chance floodplain located outside of the floodway.

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to that community. A FIRM that has been made available digitally is called a DIGITAL FLOOD INSURANCE RATE MAP (DFIRM).

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

FLOOD PROFILE. A graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river.

FLOOD-PROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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

FLOOR AREA. The sum of the gross square footage of a building measured inside its exterior walls.

FLOOR AREA - FINISHED. To qualify as finished floor area, the space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained, painted or covered with other residential wall/ceiling covering prior to occupancy. Basements that are neither “look out” or “walk out” levels may be finished, but shall not be counted towards a minimum finished square footage calculation.

FUNERAL HOME. A business that provides human funeral services, including embalming and memorial services. Crematories and mortuaries are accessory uses to a funeral home.

GARAGE. An attached or detached accessory structure for the purpose of parking vehicles.

GARAGE SALE. The sale of miscellaneous used items commonly associated with residential use. GARAGE SALES shall not be for the sale of primarily a single commodity. The term GARAGE SALE includes “sidewalk sale,” “yard sale,” “basement sale,” and “estate sale”.

GRADING. Excavation or fill of material, including the resulting conditions thereof.

GREENHOUSE. A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants.

GROUP HOME.

(1) A publicly- or privately-owned detached residential building, whether licensed by the State or not, in which unrelated individuals, possibly including their children, reside up to 24 hours per day and share facilities for cooking and laundry, for the purpose of rehabilitation or treatment. A GROUP HOME is the same as an overnight care facility.

(2) This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

HEIGHT. The purpose of determining the height limits in all airport zones, the datum shall be mean sea level elevation unless otherwise specified.

HERITAGE PRESERVATION SITE. Any area, place, building, structure, lands, districts, or other objects, which have been duly designated heritage preservation sites by this Commission and the City Council.

HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change its character.

HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, and administration, and services to patients, employees, or visitors.

HOTEL or MOTEL. HOTEL and MOTEL are synonymous uses. A HOTEL or MOTEL means a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupation by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.

HOUSE PAD. A buildable area of a residential lot graded to the hold down elevation. If the lowest floor of the structure is placed on fill, the house pad shall be constructed with engineered fill.

HOUSEHOLD. Any number of individuals living together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel as defined herein. A family is a HOUSEHOLD but not every HOUSEHOLD is a family.

HOUSING WITH SERVICES ESTABLISHMENT.

(1) As defined under M.S. Chapter 144D, an establishment providing sleeping accommodations to one or more adult residents, at least 80% of which are 55 years of age or older, and offering or providing for a fee one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or an establishment that registers under section MS § 144D.025.

(2) HOUSING WITH SERVICES ESTABLISHMENT does not include:

(a) A nursing home licensed under M.S. Chapter 144A;

(b) A hospital, certified boarding care home, or supervised living facility licensed under M.S. §§ 144.50 to 144.56;

(d) A board and lodging establishment which serves as a shelter for battered women or other similar purpose;

(e) A family adult foster care home licensed by the Department of Human Services;

(f) Private homes in which the residents are related by kinship, law, or affinity with the providers of services;

(g) Residential settings for persons with developmental disabilities in which the services are licensed under Minn. Rules, parts 9525.2100 to 9525.2140;

(h) A home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both;

(i) A duly organized condominium, cooperative, common interest community, or owners’ association of the foregoing where at least 80% of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; or

(j) Services for persons with developmental disabilities that are provided under M.S. Chapter 245B.

IMPERVIOUS SURFACE. The area of a lot occupied by a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include but are not limited to decks with one-fourth (1/4) inch spacing or less; decks with a surface underneath that is impervious; concrete patios; bituminous patios; landscaping rocks over plastic liners; courts (sport and tennis); sand boxes with liners; roofs; structures; paved driveways and other driveway surfaces (crushed bituminous, concrete, gravel, other rock, packed dirt, and the like); landscape beds with linings; and concrete sidewalks. Exceptions include the following topics: wood decks with one-fourth (1/4) inch spacing or more with pervious material underneath the deck; wood chip sidewalks; and retaining walls.

INDUSTRIAL PRODUCT SALES. Industrial products sales firms are involved in the sale, rent or lease of products generally intended for industrial or commercial users. Sales may be wholesale or retail. Accessory uses may include offices, product repair, warehouses, minor fabrication services, and repackaging of goods. Examples include sale of machinery, equipment, trucks, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, office furniture and store fixtures. INDUSTRIAL PRODUCT SALES also include industrial equipment and vehicle rentals. Industrial products sales shall not include firms that are primarily engaged in retail sales to the general public.

INDUSTRIAL SERVICES.

(1) Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Construction contractors, building maintenance services and similar activities perform their work off-site. Few customers, especially the general public, come to the site. Accessory uses may include offices.

(2) Examples include welding shops, machine shops, tool and appliance repair, electric motor repair, enameling and plating, truck and large equipment repair and storage, truck servicing, garbage and sanitary services (but not disposal), solid waste transfer stations, headquarters for building, heating, plumbing or electrical contractors, printing, publishing and blueprinting, exterminators, janitorial and building maintenance services, research, development and testing laboratories, trade schools, laundry, dry cleaning and carpet cleaning plants, and photo-finishing laboratories. INDUSTRIAL SERVICES shall not include outdoor services or activities for repair or salvage.

INSTRUMENT RUNWAY. A runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

KENNEL, COMMERCIAL. A business for boarding, breeding, raising, grooming, selling, training or other animal husbandry for dogs, cats or other domestic animals.

LAND RECLAMATION. The reclaiming of land by the importation, depositing, or grading of soils in excess of 400 cubic yards so as to elevate the grade.

LANDING AREA. The area of the airport used for the landing, taking off or taxing of aircraft.

LANDING STRIP. Any grass or turf covered area of the airport specifically designated and used for the landing and/or take-off of aircraft. This term shall have the same meaning throughout this chapter as does the term “runway”.

LANDSCAPING / NURSERY BUSINESS. A retail business devoted to the growth, display, and/or sale of plants, shrubs, trees; and/or landscaping materials and services.

LITTLE FREE LIBRARY. A weather-resistant box with a door, used as an informal book donation and lending device, mounted on a post and installed in a yard.

LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite or rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one LODGING ROOM.

LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not less than the minimum area required by this zoning ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the Council.

LOT LINE, FRONT. A boundary of a recorded land parcel that runs along an existing or dedicated public street but not an alley. If the lot is at the intersection of two streets, the shorter of the two exterior lot lines is the front lot line.

LOT OF RECORD. A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.

LOT, SUBSTANDARD. A lot or parcel of land for which a deed has been recorded in the Office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, Subd. 50.

LOWER-POTENCY HEMP EDIBLE RETAILER. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to M.S. Chapter 342.

MANUFACTURED (MOBILE) HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with Manufactured Home Building Code. The term MANUFACTURED HOME does not include the term “recreational vehicle.”

MANUFACTURED HOME COMMUNITY. A contiguous parcel of land which has been designed and developed for the placement of manufactured homes on a permanent basis.

MARQUEE. Any permanent roof like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.

MEAN GROUND LEVEL. The elevation established for the purpose of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.

MEDICAL CANNABIS COMBINATION BUSINESS. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis- and hemp-related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to M.S. Chapter 342.

METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.

MIXED-USE BUILDING. A building that may include commercial and residential land uses in one building or a series of buildings. Commercial, office, and residential land uses are permitted on the ground floor and/or the upper floors.

MOBILE HOME. See MANUFACTURED HOME.

MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.

MOTOR HOME. A motor vehicle designed to provide temporary living quarters. A motor home has a living unit built into, integral to, or permanently or temporarily attached to the chassis of a motor vehicle. This includes a sleeping unit added to the bed of a pick-up truck. MOTOR HOME is also defined in M.S. § 168.002, Subd. 17.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (§§ 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, §§ 1317, 1328, 1342, and 1345.

NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NON-CONFORMING BUILDING OR STRUCTURE. A structure or building, the size, dimensions, or location of which was lawful prior to January 15, 2016, or on the effective date of any amendment to this chapter, but that fails by reason of such adoption or amendment to conform to the requirements of this chapter.

NON-CONFORMING USE. Any use lawfully being made of any land, building, or structure not otherwise abandoned, existing on January 15, 2016, or on the effective date of any amendment of this chapter, that does not comply with the use regulations of this chapter or the amendment.

NURSING HOME. A facility that provides nursing services and custodial care on a 24-hour basis for two or more unrelated individuals outside of their homes, who for reasons of illness, physical infirmity or advanced age, require such services, but not including hospitals, clinics or similar institutions.

OBSTRUCTION. (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

OFFICE. A building that provides work space for professional, financial, administrative, clerical, and similar services. Also known as an “office building”.

ON-SITE WASTE WATER MANAGEMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system.

OPEN SPACE. An area on a lot not occupied by any structure or impervious surface.

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

OUTDOOR STORAGE. The keeping, in an un-roofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land or as an accessory use to another principal use.

OVERNIGHT CARE FACILITY. See GROUP HOME.

PARK. Land and related buildings owned by the government for public recreation.

PARKING. The act of keeping a passenger vehicle as defined herein on an approved parking space, properly surfaced, for a temporary period of time.

PARKING ISLAND. Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties.

PAVED. A parking space or storage space which is surfaced with only the following materials: Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete pavers, provided such pavers have a flat surface area of no less than nine square inches.

PERFORMANCE STANDARD. Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. The term PERFORMANCE STANDARD shall be synonymous with “finishing standard”.

PERMANENT COVER. Final site stabilization. Examples include grass, gravel, asphalt, and concrete.

PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

PERSON. Includes any individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

PERSONAL SERVICES. Establishments that primarily engage in providing services generally involving the care of the person or person’s possessions. Personal services may include but are not limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.

PLACE OF PUBLIC WORSHIP. A building, together with its accessory buildings and uses, where people 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.

PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, Subd. 15, 15a.

REACH. (in relation to flood plains): A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck and is not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for the purposes of this chapter. For the purposes of this chapter, the term RECREATIONAL VEHICLE is synonymous with the term “travel trailer/travel vehicle.”

RECYCLING AND SALVAGE CENTER. A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials.

REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts by registered land survey number. (M.S. § 508.47)

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

RESIDENTIAL CARE PROGRAM OR FACILITY.

(1) A program that provides 24-hours-per-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person’s own home, including a program in an intermediate care facility for four or more persons with developmental disabilities. Residential programs include home and community-based services for persons with developmental disabilities that are provided in or outside of a person’s own home.

(2) This term does not include any type of residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

RESIDENTIAL SPECIALTY SHOPS. Antiques and collectibles shops, including rare coin and rare book dealers; art, craft and hobby shops, including instruction; gifts, novelty and souvenir shops; interior decorating studios; jewelry shops; tailoring and custom clothing shops; and tea rooms.

RESTAURANT. A business where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Such a facility may include indoor and outdoor seating and/or drive through services. At least 50% of the gross revenue shall be obtained directly through the sale of food.

RESTAURANT, CONVENIENCE FOOD. A restaurant in which customers place orders at a counter and the meal is typically delivered before they sit at a table. These facilities often include drive-up window service.

RESTAURANT, DRIVE-IN SERVICE. A restaurant in which customers stay in their cars and are served food in the parking lot. Commonly known as a “drive-in”.

RETAIL BUSINESS. An establishment primarily engaged in the sale of goods and materials to the general public not otherwise specifically defined in code.

ROOT ZONE. The area inside the drip line of a tree that contains its roots.

RUNWAY. Any surface of the airport which is specifically designated and used for the landing and/or take-off of aircraft.

SALVAGE YARD, VEHICLE. A business in which inoperable motor vehicles are stored outdoors while they await dismantling, crushing or stripping for parts.

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

SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site. Sediment control practices include but are not limited to silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.

SELF-STORAGE FACILITY. A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer’s goods or wares.

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

SENIORS HOUSING. A multiple-family structure or cluster of detached single-family structures designed for and restricted to occupants who are at least 55 years of age. The facility may include common areas for the congregation of occupants for activities or meals. The facility may include independent living, assisted living and/or memory care housing and related facilities.

SETBACK. The horizontal distance between a structure and the perimeter of the parcel on which it is located. A SETBACK is a minimum distance and not the same as a build-to line, but houses along a street are expected to match the average of adjacent houses’ front yard setbacks.

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% of the structure setback.

SHORELAND. Land located within the following distance from public waters: 1,000 feet from the ordinary high water level 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 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 or lesser distances and when approved by the Commissioner.

SITE PLAN. A scaled drawing that depicts existing and proposed physical improvements including parcel boundaries, easements, topography, natural features and nearby off-site conditions. Usually submitted to the city as part of an application for a land development or a building permit.

SKETCH PLAN. An informal drawing, not submitted as an application, which depicts a potential site plan or plat, used by applicants for preliminary discussions and reviews with city staff.

SLOPE. The degree of deviation of surface from the horizontal, usually expressed in percent or degrees.

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

SPECIAL FLOOD HAZARD AREA. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase Area of Special Flood Hazard.

STABILIZATION. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not STABILIZATION.

START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling.

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

STORM SHELTER. An accessory building specifically designed and used for the protection of life from weather events.

STORM WATER. Defined under Minn. R. 7077.0105, subd. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage.

STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site non-point pollution.

STORM WATER TREATMENT PRACTICES. Measures, either structural or nonstructural, that are determined to be the most effective and practical means of preventing or reducing point source or non-point-source pollution inputs to stormwater runoff and water bodies.

STORY. That portion of a building included beneath the upper surface of a floor and upper surface of the floor next above, or 14 feet, whichever is less, 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 or cellar, or unused under floor space is more than six feet above grade, more than 50% 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.

STRUCTURE.

(1) Non-floodplain districts. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, or office purposes, either temporarily or permanently. STRUCTURE also includes, but is not limited to, swimming pools, tennis courts, signs, sheds, docks, and similar accessory construction.

(2) Floodplain District only. The term includes a roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel-ready, as detailed in § 154.037(E), shall also be considered a nonconforming STRUCTURE for the purposes of this chapter.

SUBDIVISION. Any real estate, wherever located, improved or unimproved, which is divided or proposed to be divided for the purpose of sale or lease, including sales or leases of any timeshare interest, unit in a common interest community, or similar interest in real estate.

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

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include the following:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Building Official or code enforcement staff and which are the minimum necessary to assure safe living conditions.

(2) Any alteration of a “historic structure” provided that the alteration will not preclude the structure's continued designation as a “historic structure.” For the purposes of this chapter, “historic structure” is defined in 44 CFR § 59.1.

SURFACE WATER. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private.

SWIMMING POOL. A structure, whether above or below grade level, designed to hold water more than 24 inches deep to be used for recreational purposes.

TEA ROOM. The serving of limited food and beverage items that do not involve the preparation by cooking or processing on the premises.

TELECOMMUNICATIONS TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

TOBACCO PRODUCTS SHOP. A retail establishment that derives more than 70% of its gross revenue from the sale of tobacco, tobacco products, tobacco-related devices, and/or nicotine or lobelia delivery products or devices. This includes, but is not limited to, the sale of tobacco, plants or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental.

TOWNHOUSE. A dwelling unit attached by party walls to other units and oriented so that all exits open to the outdoors and having no other dwellings directly above or below it. Sometimes known as a row house. Arranged in structures having three to 12 dwelling units, which may face the same direction or may be back-to-back. May be for-rent or for-sale.

TRAFFIC SIGHT TRIANGLE. An area on the ground beginning at the intersection of the projected curb lines of two intersecting streets, thence 25 feet along one property line, thence diagonally to a point 25 feet from the point of beginning on the other property line, thence to the point of beginning.

TRASH HANDLING AND RECYCLING COLLECTION AREA. An area designated for the accumulation, storage and pick-up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling.

TRAVEL TRAILER. A unit on wheels that is designed for temporary living quarters and designed to be towed by a motor vehicle.

TREE, ORNAMENTAL. A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons.

TREE, OVERSTORY. A tree that has an expected height at maturity of greater than 30 feet.

TREE, SPECIMEN. Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of ten inches or more that is not exempted as a specimen tree by this chapter.

TRUCK OR FREIGHT TERMINAL. A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.

TRUCK STOP. A business that specializes in selling fuel and accessories and performing repairs for semi-tractor trailer trucks, providing over-night parking for such trucks, and selling restaurant meals to truck drivers. Fuel and food services would also be available to automobiles or light trucks and their drivers.

UPLAND. All lands at an elevation above the ordinary high water mark.

USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.

USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses.

UTILITIES, MAJOR. Major utilities shall include the following:

(1) Public infrastructure services providing regional or community-wide service that entail the construction of new buildings or structures such as waste treatment plants, potable water treatment plants, solid waste facilities, and electrical substations.

(2) Commercial wind energy conversion systems (public or private).

VARIANCE. An exception by board action from the literal provisions of the zoning ordinance on a case-by-case basis.

VEGETATION, NATIVE. Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.

VEHICLE, EMERGENCY. For the purpose of evaluating vehicles which may be parked in residential areas, the term emergency vehicle shall include ambulances, police and sheriff’s department vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles.

VEHICLE FUEL SALES.

(1) Buildings and premises where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities), and where in addition, the following services may be rendered and sales made, and no other:

(a) “Vehicle Repair, Mechanical” as defined by this chapter;

(b) Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operation;

(d) Provision of restroom facilities.

(2) Uses permissible at a vehicle fuel sales establishment do not include “Vehicle Repair, Body” as defined by this chapter, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in fuel stations.

VEHICLE, LARGE COMMERCIAL. A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a “small commercial vehicle”.

VEHICLE, PASSENGER. A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles.

VEHICLE REPAIR, BODY. Repair or replacement of the exterior body parts or the chassis or unibody components of a motor vehicle.

VEHICLE REPAIR, MECHANICAL. Repair or replacement of any of the components of a motor vehicle except body parts. Does not include body painting.

VEHICLE SALES OR RENTAL. Businesses primarily engaged in the retail sale of new and used-in operating condition-automobiles, noncommercial trucks, motor homes, recreational vehicles or farm machinery; including incidental storage, maintenance, and servicing.

VEHICLE, SMALL COMMERCIAL. A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, eight feet in height, and 8.5 feet in width.

VEHICLE STORAGE. The act of keeping a recreational or commercial vehicle as defined herein on a parcel in an eligible storage location for an extended period of time without regular use.

WATER COURSE. A channel or depression through which water flows such as rivers, streams, or creeks and may flow year-round or intermittently. Same as “waterway”.

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

WATERSHED. The area drained by the natural and artificial drainage system bounded peripherally by a bridge or stretch of high land dividing drainage areas.

WETLAND BUFFER. An area of non-disturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals.

WETLANDS.

(1) Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this chapter, wetlands must:

(a) Have a predominance of hydric soils;

(b) Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(2) “A wetland” or “the wetland” means a distinct hydrologic feature with characteristics of item (1), surrounded by non-wetland and including all contiguous wetland types, except those connected solely by riverine wetlands. “Wetland area” means a portion of a wetland or the wetland.

(3) Wetlands does not include public waters wetlands and public waters unless reclassified as wetlands by the commissioner under M.S. § 103G.201.

(4) The wetland size is the area within its boundary. The boundary must be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987). The wetland type must be determined according to Wetlands of the United States, (1971 edition). Both documents are incorporated by reference under part 8420.0112, items A and B. The local government unit may seek the advice of the technical evaluation panel as to the wetland size and type.

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

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

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

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

WHOLESALE SALES. Business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor’s materials or office or retail sales of business supplies/office equipment.

WIND ENERGY CONVERSION SYSTEM. A wind-driven machine that converts wind energy into electrical power for the primary purpose of resale or off-site use.

YARD, FRONT. That part of the property between the front lot line and the principal building.

ZERO LOT LINE DWELLING. A dwelling unit, either contiguous to another or not, for which the property lines are coincident with the outer walls of the building on one or more sides. May include single-family detached or townhouse dwelling units but not condominium apartments.

(Ord. 1040, passed 1-5-16; Am. Ord. 1050, passed 9-20-16; Am. Ord. 1078, passed 7-21-20; Am. Ord. 1107, passed 4-18-23; Am. Ord. 1113, passed 2-20-24; Am. Ord. 1118, passed 6-3-25; Am. Ord. 1122, passed 4-15-25)