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

Abutting means making contact with or separated only by public thoroughfare, railroad, public utility right-of-way or navigable waters.

Accessory building or use means a building or use subordinate to and serving the principal building or use on the same lot, attached or detached, and clearly and customarily incidental thereto.

Accessory structure means an attached or detached structure or building which is subordinate to, and the use of which is subordinate to, and whose use is customarily incidental to, that of the main building, structure, or use on the same lot.

(1)

There are seven kinds of accessory structures as follows:

a.

"Accessory building" means an attached or detached structure ten square feet in size or greater (except storage sheds 150 feet ² or less). Such structures are broken down into one of the following two categories:

1.

Fully enclosed. Structures that are enclosed with walls for at least 50 percent of the perimeter of the building. These include but are not limited to garages (attached or detached), greenhouses, pool houses, sunrooms, workshops and other similar types of outbuildings;

2.

Limited/no enclosure. Structures that are substantially open on all sides, including:

— With solid roofs. These include but are not limited to carports, solid roofed patio/porch covers and gazebos, and lean-tos and similar outbuildings with solid roof construction; and

— With substantially open roofs. These include but are not limited to trellis patio covers, arbors, pergolas, and similar structures constructed with a lattice-like roof structure. For purposes of this definition "substantially open" shall mean a minimum of 50 percent of the covered area is open to light and air.

b.

"Storage shed" means a detached structure 150 square feet in size or less.

c.

"Landscape feature" means a detached decorative structure that is placed outside of any other structure, with an open lattice-like roof or no roof. Such features are sometimes used in conjunction with plant materials for aesthetic enhancement. This definition includes but is not limited to trellises, pergolas and vertical lattice structures less than ten square feet in size, patios, retaining walls, fire pits, monuments, piers, statues, fountains/water features, and similar features.

d.

"Pool/spa," is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes but is not limited to in-ground, aboveground, and on-ground swimming pools, hot tubs, and spas. Also includes incidental equipment and housing (e.g., pumps, heating equipment, etc.).

e.

"Deck" means an exterior floor supported by posts, piers, or other independent supports.

f.

"Play equipment" means any structure used for recreational purposes including but not limited to play structures, jungle gyms, swings and similar apparatus.

g.

"Temporary structure" means a structure that is used for a temporary event, the temporary storage of household goods and for seasonal use such as a greenhouse (with a membrane roof and or sides). The maximum length of use during the calendar year shall be 180 days. This includes but is not limited to event tents, canopies, tarp garages, hoop buildings, and/or similar membrane structures.

Addition means a physical enlargement of an existing structure.

Agriculture means the tilling of the soil, the raising of crops, forestry, horticulture and gardening, the keeping or raising of domestic animals and fowl and including all activities and accessory uses incidental thereto. The term shall not include the raising and feeding of hogs by feeding garbage thereto, the raising of fur-bearing animals, nor the operation of riding academies, commercial stables or kennels.

Alley means a public right-of-way which affords a secondary means of access to abutting property, not to exceed 30 feet in width at its intersection with a street.

Alteration means any change in the size, shape, character or use of a building or structure.

Animal unit. The following animals constitute one animal unit equivalency: one cow or steer; one horse, donkey or burro; three sheep; three hogs; or 50 fowl.

Apartment. See Dwelling unit.

Apartment building. See Dwelling, multiple family.

Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service.

Automobile repair, minor, means incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under Automobile repair, major.

Automobile service station means any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries or minor accessories; minor automobile repairs; and greasing or washing of individual automobiles. When sales, services and repairs as detailed here are offered to the public, the premises will be classified as a public garage. Automobile service stations shall not include the sale or storage of vehicles; shall not include premises offering major automobile repairs, automobile wrecking or detached car washes.

Automobile wrecking. See Junkyard.

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

Basement means that portion of a building having more than one-half of the clear floor to ceiling height above the average level of the adjoining finished grade. A basement shall be counted as a story when the ceiling of the basement extends more than five feet above the highest level of the adjoining finished grade, otherwise it shall not be counted as a story.

Bed and breakfast means a private home which is used to provide accommodations for a charge to the public, with at most five lodging units in the principal structure and in which no more than two family-style meals per day are provided. Family-style meals consist of any meal ordered by persons at a bed and breakfast facility which is served from common food service containers, as long as any food not consumed by these persons is not reused.

Block means a tract of land bounded by street, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of the city.

Board means the zoning board of appeals.

Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.

Broadcasting antenna, radio and television, means commercial or public broadcasting towers over 200 feet in height or more than one tower in each installation of any height or accessory use, noncommercial towers of any height if not located on the same lot or parcel as the principal use.

Brew pub, means a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by Minn. Stat. § 340A.24.

Buildable area means the space remaining on a zoning lot after the minimum setbacks and open space requirements of this chapter are met.

Building means a structure built for the support, shelter or enclosure of persons, animals or personal property of any kind and which is permanently affixed to the land, and which provides permanent protection from the elements. When such a building is divided by party walls without openings, each portion of that building so separated will be called a separate building.

Building, completely enclosed, means a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

Building, detached, means a building surrounded by open space on the same lot as the principal building.

Building height means the vertical distance measured from curb level or its equivalent, to the highest point of the roof surface on a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building, provided its setback from the street line is not less than the height of the finished grade above the established curb level.

Building line means an imaginary line separating buildable area and required yards.

Building, nonconforming, means any building or structure which does not comply with all the regulations of this chapter or any amendment thereto governing the zoning district in which such building or structure is located.

Building official means a city official appointed by the city council to provide for the enforcement of the building code.

Building, principal, means a nonaccessory building in which the primary use of the lot on which it is located is conducted.

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

Church means a building, together with its accessory buildings, for public worship as the principal use and where the buildings and uses are maintained and controlled by an organized group for public worship.

Clinic, medical, means a building in which a group of physicians, dentists or combination thereof and professional assistants are associated for carrying on their profession. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.

Cocktail room, means an accessory building or use that is located on or adjacent to a distillery that is used for the on-sale consumption of distilled liquor produced by the distiller as permitted by Minn. Stat. § 340A.22, Subd. 2.

Columbaria, means a place such as a vault for the respectful storage of cremated human remains within cinerary urns. Columbaria can be either free standing units, or part of another building. Columbaria are accessory to churches, places of worship or religious institutions.

Commerce, retail service, means an enterprise that involves the offering of a service or entertainment to the general public for compensation.

Commerce, retail trade, means an enterprise that involves the offering of a product to the general public for compensation.

Conditional use means uses which, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within a zone because of hazards in the use itself or special problems which its proposed location may present.

Condominium means a form of individual ownership with a multifamily structure which entails joint responsibility for maintenance and repairs; each dwelling unit is owned outright and each occupant owns a share of the land and other property.

Curb level means the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the city engineer shall establish such a curb elevation. When a building has frontage on more than one street, the lowest curb level as determined above will apply.

District, zoning, means a portion of the corporate area of this city within which certain uniform regulations and requirements or various combinations thereof apply under the conditions of this chapter.

Duplex means a residential structure containing two dwelling units only, completely surrounded by open space.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy including one-family, two-family, and multiple-family dwelling units; but not including hotels, motels, boardinghouses or roominghouses, recreational vehicles, tents or cabins.

Dwelling, detached, means one which is completely surrounded by open space on the same lot.

Dwelling, multiple-family, means a single structure specifically constructed and designed for and containing four or more dwelling units, with more than one unit connecting to a common corridor or entrance way or with the dwelling units having two or more contiguous party walls. For example, four-plexes and apartment buildings but not including hotels, motels or boardinghouses.

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

Dwelling unit means one or more rooms which are arranged, designed or used exclusively as living quarters for one family or one individual only. Complete single kitchen facilities and individual bathrooms, permanently installed, shall always be included with each dwelling unit.

Efficiency unit means a dwelling unit with one primary room which doubles as a living room, dining room and bedroom.

Erosion means the wearing away of the land surface by the action of natural elements.

Essential services means underground or overhead gas, electrical, steam or water transmission or distribution system; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment or accessory equipment in conjunction therewith not including buildings.

Exotic animals means any wild mammal, reptile, or fowl, which is not naturally tame or gentle, but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property.

Family means one or more persons related by blood, marriage or adoption, including foster children, or a group of not more than four persons not so related, maintaining a common household in a dwelling unit.

Farm means a tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such farms may include agricultural dwellings and accessory buildings and structures necessary to the operation of the farm.

Feedlot means a lot, structure or building, or combination of contiguous lots, structures or buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as confinement areas in which manure may accumulate. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and domesticated animal zoos, shall be considered to be animal feedlots. Pastures shall not be considered to be animal feedlots.

Fence. Any lineal structure, including walls, or similar barriers, used to prevent access by persons or animals or prevent visual or sound transference, or visual barrier between adjacent property and the area enclosed.

Floor area means the sum of the gross horizontal areas of the several floors of a building or buildings on a zoning lot, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, floor area will include:

(1)

Basement space (see Basement.)

(2)

Attic floor space where the structural headroom exceeds 7½ feet.

(3)

Interior balconies and mezzanines.

(4)

Enclosed porches, but not terraces and breezeways.

(5)

Stairwells at each level.

(6)

Accessory structures.

Floor area, livable, means the same area as defined in floor area, excluding all areas occupied by basements, garages, porches, attics, stairways and storage, utility and heating rooms and other accessory uses.

Floor area ratio (F.A.R.) means the floor area of the building or buildings on a zoning lot divided by the area of the zoning lot, or in the case of planned development, by the net site area. The F.A.R. requirements, as set forth in each zoning district, shall determine the maximum floor area allowable (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles and/or recreational vehicles.

Garage, public, means a place where any or all of the services as set forth in the definition of automobile service station are offered to the public and the services or sales are made directly into or on the motor vehicle.

Garage sale means any display of used goods and sale of such goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the property.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Greenhouse means a structure used for the cultivation or protection of flowers, vegetables and nursery stock.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.

Hospital means an institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

Hotel means a building containing 12 or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

Industry means an enterprise which involves the production, processing or storage of material, goods or products.

Interim use. A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning ordinance.

Interim use permit. A permit issued by the city council in accordance with procedures specified in chapter 62, article II, division 8 of this Code.

Junkyard means an area where used, waste, discarded or salvaged equipment or materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. A junkyard includes an automobile wrecking or dismantling yard, but does not include uses established in conjunction with a permitted manufacturing process when within an enclosed area or building.

Kennel means a place where four or more dogs or four or more cats, or a combination of both, over four months of age are boarded, bred or offered for sale.

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

Lot means a zoning lot, except as the context shall indicate a lot of record, in which case a lot is a lot of record.

Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines, measured within the lot boundaries, but not including any area occupied by the waters of a duly recorded lake or river.

Lot, corner, means a lot situated at the intersection of two streets.

Lot coverage means the area of a zoning lot occupied by the principal building or buildings and accessory structures.

Lot depth means the average horizontal distance between the front and rear lot lines measured within the lot boundaries.

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

Lot line, front, means that boundary of a lot abutting a street. On a corner lot, the shortest street lot line will be the front lot line.

Lot line, repair, means that boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

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

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the register of deeds or register of titles prior to adoption of this chapter; or a parcel of land, the deed to which was recorded in the office of register of deeds or register of titles prior to adoption of this chapter.

Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel public streets. On such a lot, both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between the side lot lines of a lot measured at the building setback line.

Lot, zoning, means a single tract of land which at the time of filing for a building permit is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a lot of record.

Manufactured home (modular, prefabricated) means a dwelling unit which is of closed construction and which is made or assembled in manufacturing facilities on or off the building site for assembly and/or installation on the building site. A manufactured dwelling unit may also mean a building of open construction, made or assembled in manufacturing facilities away from the building site for assembly and/or installation on the building site. Such a structure will be made permanently affixed to the building site and shall be considered congruous to a single-family dwelling.

Material, durable, means a hard-surfaced material such as concrete or asphalt but not including gravel or crushed rock.

Microdistillery, means a distillery operated within the state of Minnesota producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.

Mobile home means a factory-assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without permanent foundation; meaning that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner.

Motel (motor court, motor hotel) means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists and furnishing customary hotel services.

Motor vehicle means any passenger vehicle, truck, truck-trailer or recreational vehicle propelled or drawn by mechanical power.

Multiple-family dwelling. See Dwelling, multiple-family.

Noxious matter or material means material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.

Nursing, convalescent and retirement homes means a home for aged, chronically ill or convalescent persons in which two or more persons not of the immediate family are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Odorous matter means any material or matter that yields an odor which is offensive in any way.

Open space means any open area not covered by structures owned by a person or persons, including but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, groundwater recharge areas, floodplain, floodway, flood fringe, erodible sloped, woodland and soils with severe limitations for development.

Outdoor wood-burning boilers means any stand-alone, outdoor furnace device which burns wood or other solid, organic fuel, and which is used solely for the purpose of heating a primary or accessory structure(s) or building(s), including but not limited to residential or commercial structures or buildings, living and non-living spaces, swimming pools, hot tubs or whirlpool baths, saunas, and other uses. Such device typically conveys heat by means of distributing heated water or fluid through pipes which are connected from the outdoor wood-burning boiler to its respective structure or building. Stand-alone, wood-burning boilers or furnaces located and used indoors or inside a primary or accessory structure or building, and which are used for the purpose of providing heat to said structure or building, are not included in this definition.

Ornamental fence means a fence through which clear vision is possible from one side to the other for 50 percent or more of the structure, as viewed on a horizontal plane. Such fence may include picket, post and rail, split rail, but not chain link.

Parking space, automobile, means a suitably surfaced and permanently maintained area off the public street right-of-way, either within or outside of a building, of sufficient size to store one standard automobile, but in no event less than 180 square feet, exclusive of passageways, driveways or other means of circulation.

Particulate matter means dust, smoke or any other form of airborne pollution in the form of minute separate particles.

Party wall means a wall which divides a structure into two independent buildings.

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

Planned unit development means a parcel of land which is of a minimum of ten acres, sufficient to create its own environment and which is under single ownership or unified control and which may be granted waivers from specific land use regulations and design standards in order to accomplish the purposes of the planned unit development regulations as specified in this chapter.

Principal structure means the main structure for which the premises is devoted and the primary purpose for which the premises exists.

Principal use means the main use to which the premises are devoted and the primary purpose for which the premises exists.

Property lines mean the lines bounding a zoning lot as defined in this section.

Quarter quarter section means a quarter of a quarter section as determined by the United States Rectangular Land Survey System usually consisting of approximately 40 acres. A government lot as determined by the rectangular land survey system shall be considered a quarter quarter section for the purposes of this chapter. For purposes of this chapter, rights-of-way for public or private transportation shall not impact the completeness of a quarter quarter section.

Recreational vehicle means any type of vehicle, either self-powered or drawn by another vehicle, that is used primarily for purposes of recreation or transportation of recreational vehicles, equipment, etc., including but not limited to campers, motor homes, travel trailers, snowmobiles, camper trailers, motorcycle trailers, snowmobile trailers, horse trailers, etc.

Required yard means that portion of a front, side, or rear yard required by establishment of minimum setbacks.

Required Yard

Secondary front yard means a yard fronting on a public street, not the front yard. On a corner lot, the yard with the longest street lot line shall be the secondary front yard, on a through lot, the yard opposite the street with the lot address shall be the secondary front yard.

Setback means the minimum horizontal distance between the front, side, or rear lines of the building or structure (excluding steps, unroofed porches and overhangs) and the front, side, or rear lot lines, respectively (unless specifically designated otherwise).

Sexually oriented uses includes adult bookstores, adult motion picture theaters, adult motion picture sales/rentals, adult mini-motion picture theaters, adult massage parlors, adult steam room/bath house/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.A. § 617.241, as may be amended, are not included.

(1)

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.

(2)

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 a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b.

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

c.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

d.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

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; or

f.

Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

g.

Human excretion, urination, menstruation, vaginal or anal irrigation.

(3)

Sexually oriented uses, accessory: The offering of retail goods for sale which are classified as sexually oriented 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 the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

(4)

Sexually oriented uses, principal: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

a.

Sexually oriented 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."

b.

Sexually oriented 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, video tape, 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."

c.

Sexually oriented 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."

d.

Sexually oriented 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."

e.

Sexually oriented 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."

f.

Sexually oriented use, escort service. A business that provides one or more persons to accompany a customer to places and/or activities that occur off-premises of the escort service operation, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

g.

Sexually oriented 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."

h.

Sexually oriented use, hotel or motel. Adult hotel or 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."

i.

Sexually oriented 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."

j.

Sexually oriented use, mini-motion picture theater. 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.

k.

Sexually oriented 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.

l.

Sexually oriented 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 motor 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."

m.

Sexually oriented use, motion picture theater. 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.

m.

Sexually oriented 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.

n.

Sexually oriented use, 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."

o.

Sexually oriented use, steam room/bath house 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/bath house facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

Sight triangle means that triangular area defined as follows: beginning at the point of intersection of the right of way of two intersecting streets, thence 20 feet along one right of way line, thence diagonally to a point on the other right of way line 20 feet from the point of beginning, thence to the point of beginning.

Sight Triangle

Sign means a name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business.

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

Site area means the area of a parcel of land to be developed under the R-2 and R-3 district regulations and to be developed as part of a single development action or a single stage of a staged development.

Small brewer, means a brewer that produces less than 20,000 barrels of malt liquor in a year.

Small wireless facility means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and

(2)

All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.

Stable means any building, structure or premises that allows horses to be boarded and available for rent or hire or allows any type of instruction and training.

Street, arterial, means a street which provides for traffic movement to and from municipalities and the surrounding areas, to and from freeways/expressways and collector streets, and between major parts of an urban area. Intersections are at grade and direct access to abutting property should be avoided.

Street, collector, means a street which collects and distributes the internal traffic within an area of a community such as a residential neighborhood or industrial district, and between arterial and local streets. It provides some access to abutting property.

Street, local, means a street of little or no continuity, designed to provide access to abutting property and ideally leading into collector streets.

Structure means anything constructed or erected, the use of which required a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of the foregoing advertising signs, billboards or fences.

Structural alteration means any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

Tap room, means an accessory building or use that is located on or adjacent to a brewery location producing no more than 250,000 barrels of malt liquor that is used for the on-sale consumption of malt liquor produced by the brewer as permitted by Minn. Stat. § 340A.26.

Telecommunications antenna means the surface from which wireless radio signals are sent and received.

Telecommunications tower means a structure designed and constructed to support one or more telecommunication antennas and including all appurtenant devices.

Townhouse means a single-family dwelling unit horizontally attached to one or more similar dwelling units in a linear arrangement and structured on individual lots. Features of townhouses are their private yards and private entrances. A townhouse development normally includes common open space for athletic and recreational purposes. Townhouses by this definition do not include multiple units in a single structure such as triplexes, four-plexes or apartment buildings.

Toxic matter or material means those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Travel trailer means a vehicular portable structure, built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses.

Usable open space means that required portion of a lot at ground level, unoccupied by buildings, and available to all the occupants of the building. This space of minimum prescribed dimensions shall not be devoted to service driveways or off-street parking space and/or loading berths but shall be usable for greenery, recreational space and other leisure activities normally carried on outdoors.

Use means the purpose or activity for which the land or buildings thereon are designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Use, accessory, means a use subordinate to the principal use or building on the same lot and customarily incidental thereto as well as attached or detached therefrom.

Use, conditional, means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case of the impact of such use upon neighboring land, and the public need for the particular use at the particular location, such conditional use may or may not be granted.

Use, incompatible, means a use which is incapable to direct association with certain other uses because it is contradictory, incongruent or discordant.

Use, nonconforming, means any use of land, buildings or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

Use, permitted, means 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 district or districts.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use.

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

View means a range of sight including pleasing vistas or prospects or scenes. Views may include, but are not limited to, the sight of geologic features, lakes, rivers, woodlands, skylines, and distant cities.

View corridor means the line of sight identified as to height, width, and distance of an observer toward an object or objects of significance to the community (e.g. ridgeline, lakes, rivers, woodlands, skylines, distant cities); the route that directs a viewer's attention.

Warehousing means the commercial storage of merchandise and personal property.

Wholesaling means a business engaged in selling to retailers or jobbers rather than consumers.

Wireless support structure means a new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.

Yard means an open space on the same zoning lot with a building or structure, which yard is unoccupied and unobstructed. A yard extends along a lot line and to a depth or width measured from the lot line specified in the yard requirements for the zoning district in which such zoning is located.

Yard, front, means a yard extending along the full width of the front lot line between the side lot lines.

Yard, rear, means a yard extending along the full width of the rear lot line between the side lot lines.

Yard, side, means a yard extending along a side lot line from the front yard to the rear yard.

Zoning map means the map setting forth the boundaries of the zoning districts of the city which map is a part of the ordinance from which this chapter is derived.

Zoning officer means the city administrator or their designee.

(Ord. No. 193, § B, 12-28-93; Ord. No. 206, § 1, 4-22-97; Ord. No. 235, § 1, 7-9-02; Ord. No. 242, § 1, 12-10-02; Ord. No. 244, § 1, 3-11-03; Ord. No. 290, § 1, 11-28-06; Ord. No. 334, § 1, 2-24-09; Ord. No. 355, § 1, 12-14-10; Ord. No. 387, § 1, 7-14-15; Ord. No. 392, § 1, 4-12-16; Ord. No. 394, § 1, 5-10-16; Ord. No. 407, § 1, 5-8-18; Ord. No. 415, § 2, 11-26-19)

Cross reference— Definitions generally, § 1-2.

The basic purpose of this chapter is to ensure public health, safety and general welfare in accordance with the official comprehensive plan of the city, and with adopted development goals, policies and proposals contained therein. Toward this end, this chapter shall divide the geographical area within the corporate limits of the city into districts and shall establish regulations pertaining to the use and location of structures and to the use of land within such districts. More specifically, such regulations shall be designed to achieve the following objectives:

(1)

To protect existing urban development from potential negative effects of conflicting uses, but also to permit broad development opportunities with the substantial undeveloped portions of the community.

(2)

To foster a strong and balanced tax base in response to municipal and school district financial requirements.

(3)

To achieve an equitable balance between the rate and intensity of land development and the financial capability of the city and school district to provide necessary and desirable public facilities and services.

(4)

To prevent excessive population densities and overcrowding of land.

(5)

To provide and maintain a safe and efficient traffic circulation system.

(6)

To preserve the area's substantial natural amenities such as rivers, lakes, bluffs, hills, valleys and woodlands.

(7)

To promote a visually pleasing environment throughout the community within urban as well as rural areas; within commercial and industrial as well as public and residential areas.

(Ord. No. 193, § A(2), 12-28-93)

The geographic jurisdiction of this chapter shall be the entire area within the corporate limits of the city and will include all lands under orderly annexation agreements between the city and effected townships. Territory that may be added to the city by annexation, merger or other means shall be classified within the agriculture zoning district until such time that the city council, after referral to and recommendation by the planning commission, may rezone all or portions of the added territory to more appropriate classifications.

(Ord. No. 193, § A(3), 12-28-93)

This chapter is enacted in accordance with the authority granted by M.S.A. § 462.357.

(Ord. No. 193, § A(4), 12-28-93)

(a)

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

(b)

Where the conditions imposed by any provision of the chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(c)

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

(Ord. No. 193, § C(1), 12-28-93)

It is hereby declared to be the intention of the city council that the several provisions of this chapter are separable. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of such provision to any other property, building or structure not specifically included in such judgment.

(Ord. No. 193, § C(2B), 12-28-93)

Essential services shall be subdivided into two classes for consideration under this chapter: governmentally owned and operated or privately owned and operated.

(1)

Governmentally operated and owned essential services (sewer, water, etc.) shall be permitted as authorized and regulated by state law and ordinances of the city. It is the intention that these essential services are exempt from the application of this chapter.

(2)

Privately owned and operated essential services (telephone, electric, gas, etc.) are subject to provisions of this chapter, unless specifically exempted by a provision of this chapter. These essential services are also subject to other ordinances of the city.

(Ord. No. 193, § C(3), 12-28-93)