This chapter may be cited as the "Woodbury Zoning Ordinance" or as the "Zoning Ordinance."

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

It is the intent of the City of Woodbury that the enforcement, amendment, and administration of this chapter be accomplished consistent with the city's comprehensive plan, as may be amended from time to time. The city council recognizes the comprehensive plan as the official policy plan for the regulation of land use and development in accordance with the plan's vision and guiding principles which include:

(a)

Making Woodbury sustainable.

(b)

Providing a safe and healthy community.

(c)

Managing growth.

(d)

Preserving open space.

(e)

Providing for parks and recreation.

(f)

Planning for an effective transportation system.

(g)

Meeting community housing needs.

(h)

Managing financial resources.

(i)

Expanding opportunities for employment and maintaining a business-friendly environment.

(j)

Promoting reinvestment.

(k)

Promoting excellence in education.

(l)

Maintaining a positive identity as an open and inviting community with respect for diversity.

(m)

Providing excellence in city government.

In accordance with M.S. Ch. 473, the city will not approve any changes in these regulations that are not consistent with the city's comprehensive plan.

(Ord. No. 1854, § 1854.01, 6-27-2012)

This chapter is adopted for the purpose of protecting the public health, safety, comfort, convenience and general welfare through the establishment of minimum regulations governing development and use. This chapter shall divide the city into zones and establish regulations in regard to location and use of structures and land. Such regulations are established with the intent to:

(a)

Implement the comprehensive plan.

(b)

Promote orderly development and redevelopment of the residential, commercial, industrial, recreational and public areas.

(c)

Stage developments to coincide with the extension of public utilities and services.

(d)

Conserve the natural and scenic beauty and attractiveness of the city.

(e)

Conserve and protect the natural resources in the city.

(f)

Provide compatible land uses and the most appropriate use of land throughout the city.

(g)

Minimize environmental pollution.

(h)

Conserve non-renewable resources through the use of alternative energy systems and encourage energy efficient design and construction for commercial, industrial, and residential uses.

(i)

Provide adequate light, air and convenience of access to property.

(j)

Promote a safe, effective transportation system including roadways, pedestrian pathways and transit opportunities.

(k)

Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.

(l)

Provide for the administration of this chapter and amendments thereto.

(m)

Define the powers and duties of the administrative officers and bodies, as provided hereinafter.

(n)

Prescribe penalties for the violation of the provisions of this chapter or any amendment thereto.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

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. Words, terms and phrases not explicitly defined shall have their common meanings. The Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference.

Accessory alternative energy system means a system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption.

Accessory structure means a structure of secondary or subordinate use to the principal structure.

Accessory structure (towers and antennas) means a structure located on the tower or antenna site customarily incidental to the receiving or transmitting or radio or television programs radio and telephone receiving wave transmit/receive antennas designed for dispatching or use with household electronic equipment, including "ham" radio equipment.

Accessory use of structure means a use of structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto.

Adult use. See section 11-301.

Agricultural building means a structure on agricultural land as defined in M.S. § 273.13, subd. 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.

Agricultural service means an establishment primarily engaged in performing agricultural, animal husbandry or horticultural services of fee or contract basis including, but not limited to, agricultural produce and dairy processing, crop dusting, and grain cleaning.

Agricultural use means the use of land for the growing and/or production of field crops, livestock, and livestock products, 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: alpacas, bees, dairy and beef cattle, deer, donkeys, goats, horses and ponies, llamas, mules, sheep, pigs, hogs, chickens, turkeys, ducks and other poultry, fish, mink, and game birds.

(3)

Livestock products, including: Milk, butter, cheese, eggs, meat, feathers, fur and honey.

(4)

Tree farms which are limited to the planting, growing and harvesting of trees.

Alternative energy system means a ground source heat pump, wind or solar energy system.

Amusement center means a business:

(1)

At one location devoted primarily to the operation of amusement machines and open for public use and participation; or

(2)

At a location where the primary use is five or more amusement machines and open for public use and participation.

An amusement center is required to obtain a conditional use permit.

Amusement center operator means a person who keeps or allows amusement devices to be kept on premises owned by him or under his control where the same may be played by members of the public legally upon such premises upon payment of the charge therefore.

Amusement center owner means any person who owns and/or leases and places amusement devices by whatever arrangements, on the operator's premises.

Animal shelter means a fully enclosed building where domestic animals are cared for on a temporary basis. Boarding, grooming and kenneling shall be permitted as accessory uses.

Antenna means that portion of any equipment located on the exterior or outside of any structure, used for transmitting or receiving radio or television waves.

Antenna, cellular telephone means a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for transmission and reception of radio waves in wireless telephone communications.

Antenna, microwave means a parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless communications, and including the supporting structure thereof.

Antenna, radio and television, broadcast transmitting means a wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof.

Antenna, satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TVRO's (television receive only), and satellite microwave antennas.

Antenna, short-wave radio transmitting and receiving means a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof.

Assisted living facility or assisted living residence means a housing with services establishment that is registered with the State of Minnesota and provides sleeping accommodations to more than 12 adult residents, at least 80 percent of which are 55 years of age or older, that at a minimum provides or makes available health-related services under a class A or class F home care license issued by the State of Minnesota, whether offered or provided directly by the establishment or by another entity. At a minimum, health-related services must include assistance with self-administration of medication or medication administration and assistance with at least three of the following activities of daily living: Bathing, dressing, grooming, eating, transferring, continence care, and toileting. The establishment must have and maintain a system to check on each client at least daily and provide a means for clients to request assistance for health and safety needs 24 hours per day, seven days per week. The establishment must offer to provide or make available at least the following supportive services: Two meals per day; weekly housekeeping; weekly laundry service; reasonable assistance with arranging for transportation to medical and social services appointments; reasonable assistance with accessing community resources and social services; and periodic opportunities for socialization.

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

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

(1)

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

(2)

The slope rises at least 25 feet above the OHWL of the water body;

(3)

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

(4)

The slope drains toward the water body.

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

Box truck means a vehicle that is comprised of two distinct parts that include a cab/chassis cab and a cargo/equipment area. The cargo/equipment area is typically customized aftermarket as opposed to a standard truck bed/box. The cargo/equipment area may or may not be enclosed and may or may not be outfitted with equipment.

Building is any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

(1)

The elevation of the highest adjoining sidewalk or ground surface within a five-foot (1,524 mm) horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (3,048 mm) above lowest grade.

(2)

An elevation ten feet (3,048 mm) higher than the lowest grade when the sidewalk or ground surface described in subsection (1) is more than ten feet (3,048 mm) above the lowest grade.

The height of a stepping or terraced building is the maximum height of any segment of the building.

Building-integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

Building line means a line parallel to the street right-of-way 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.

Building line, shoreland means a line measured across the width of the lot where the main structure is placed in accordance with setback provisions from the ordinary high water level.

Building setback means the minimum horizontal distance between the building and a lot line or the ordinary high water level of a lake or wetland.

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

Business service means accounting, advertising, design, information technology, maintenance, printing and supply of temporary personnel and the like provided by specialized firms to other firms.

Cannabis business means a business licensed by the office of cannabis management (OCM) as defined by Minn. Stats. 342.01, subd. 14.

Cannabis cultivator means a cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests the cannabis flower from a mature plant, and packages and labels immature cannabis plants and seedlings and cannabis flower for sale pursuant to Minn. Stats. 342.30.

Cannabis event means a temporary cannabis event lasting no more than four days operating pursuant to Minn. Stats. 342.39.

Cannabis manufacturer means a cannabis business that makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells cannabis concentrate, hemp concentrate, artificially derived cannabinoids, cannabis products, lower-potency hemp edibles, hemp-derived consumer products to other cannabis businesses pursuant to Minn. Stats. 342.31.

Cannabis mezzobusiness means a cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other cannabis businesses and to consumers pursuant to Minn. Stats. 342.29.

Cannabis microbusiness means a cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other cannabis businesses and to consumers, including on-site consumption, pursuant to Minn. Stats. 342.28.

Cannabis retailer means a cannabis business that sells immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to customers pursuant to Minn. Stats. ch. 342 and as defined in Minn. Rule 9810.0200.

Cannabis testing facility means a cannabis business that obtains and tests 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, and industrial hemp growers pursuant to Minn. Stats. 342.37.

Cannabis wholesaler means a cannabis business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers pursuant to Minn. Stats. 342.33.

Cemetery means property or a structure used for the interment of human or animal remains including mausoleums.

Chicken coop means a structure and/or enclosure that is intended to house and/or contain chickens. A chicken coop shall not be viewed as an accessory building. Chicken runs attached to, or within five feet of a structure housing or containing chickens shall be viewed as a part of a chicken coop.

Closed loop ground source heat pump system means a system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

Cluster development means a subdivision pattern and technique whereby residential structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.

Collector street: See "street, collector".

Columbarium means a chamber or wall in which urns containing the ashes of the dead are stored.

Commercial equipment means any vehicle, trailer, or equipment that is used or intended for use in commercial activities.

Commercial recreation: See "recreation, commercial".

Common property means any open space or structure including parks, nature areas, playgrounds, trails and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.

Compost means a mixture of decayed organic matter.

Composting means any above-ground aerobic microbial process that converts plant materials to a usable organic soil amendment or mulch.

Comprehensive plan means a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the city and its environs. The plan includes a unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use which requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk, abnormal traffic congestion, or environmental problems. A conditional use is not a nonconforming use.

Crematorium means a location and related equipment where dead bodies, either human or animal, can be reduced to ashes. Also includes resomation facilities.

Day care facility means any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services.

Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site.

Deck box means a storage container not exceeding three feet in height and ten square feet in area when located on a deck, patio, or the like. A deck box shall not include benches with a storage feature.

Density means the number of dwelling units per gross acre of land.

Density, net means the total number of units divided by the total land area less major road rights-of-way (arterials and collectors) and less wetlands protected by the Wetland Conservation Act provided that right of way (including major roads) shall not be deducted if dedicated to the city at no cost.

Diameter means the diameter of the main stem of the tree at a point 4.5 feet above the ground.

Direct sunlight means sunlight unobstructed by any improvement or tree within the solar access space.

Distribution center means a warehouse primarily used for receipt, temporary storage and redistribution of goods.

Drive-in means 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.

Dwelling, attached means one which is joined to another dwelling or building at one or more sides by a party wall or walls.

Dwelling, detached means one which is entirely surrounded by open space with no common party walls.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single family but not including hotels, motels or the like. There are three principal types:

(1)

Single-family detached: A free-standing residence structure designed for or occupied by one family only.

(2)

Single-family attached: A residential building containing two or more dwelling units with one common wall.

a.

Duplex: A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

b.

Townhouse: A residential building containing two or more dwelling units with at least one common wall, each unit so oriented as to have all exits open to the outside.

c.

Quadplex: A residential building containing four dwelling units with one common wall, each unit so oriented as to have all exits open to the outside.

(3)

Multiple-family: A residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a large structure (detached), with separate housekeeping and cooking facilities for each.

a.

Apartment: A room or suite of rooms, available for rent which is occupied as a residence by a single family, or a group of individuals living together as a single-family unit.

b.

Condominium: A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the land or other common property.

c.

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

Earth sheltered building means a building constructed so that 50 percent or more of the completed structure is covered with earth. An earth sheltered building is a complete structure that does not serve just a foundation or substructure for aboveground construction. A partially completed building shall not be considered earth sheltered.

Easement means a grant by an owner of land for specific use by a person or persons other than the owner. An easement may be granted for the purpose of constructing and maintaining walkways, roadways, utilities, and other uses.

Erosion means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

Essential services means overhead or underground electrical, gas, steam or water distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith but not including buildings.

Exterior storage means the storage of goods, materials, equipment, vehicles, manufactured products and similar items not fully enclosed by a building. Currently licensed and operable vehicles parked or stored outdoors and in compliance with ordinance standards shall not be viewed as exterior storage.

Extraction area means any nonagricultural, artificial excavation of earth exceeding 50 square feet of surface area or two feet in depth, excluding basements, excavated or made by the removal from the natural surface of the earth, sod, soil, sand, gravel, stone or other natural matter, or made by turning, or breaking or undermining the surface of the earth for the purpose of removing minerals or borrow of fill.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other non-metallic minerals and peat not regulated under Minn. Stats. §§ 93.44 to 93.51.

Family means any of the following:

(1)

An individual; or

(2)

A group of not more than four individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence; or

(3)

Up to two adult individuals, whether related or unrelated, and the parents and children of each, if any, residing in the same dwelling unit and maintaining a common residence; or

(4)

The combination of subsections a. and c., all maintaining a common residence.

For the purposes of this definition, the term "maintaining a common residence" shall mean sharing of access by all residents to all the following amenities (except those accessible only through a bedroom) on the premises, subject to only infrequent exceptions: permanently installed cooking and kitchen facilities; eating areas; laundry facilities; bathroom facilities; social areas such as living rooms and family rooms.

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 operations of the farm.

Farmer's market means three or more vendors coordinated by a single organization for the purpose of outdoor display and sale of Christmas trees, nursery and horticultural products (fruits, vegetables, flowers, shrubs and the like.)

Fence means any partition, structure, wall or gate erected as a divider, marker, barrier or enclosure and located along the boundary, or within the required yard.

Fertilizer means a substance containing one or more recognized plant nutrients that is used for plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone and other products exempted by rule by the Minnesota Commissioner of Agriculture.

Flag lot means a parcel of land that is situated behind a lot fronting a public street and is accessible by a common or shared drive.

Flatbed truck means a vehicle that is comprised of two distinct parts that include a cab/chassis cab and a flatbed rather than a standard truck bed/box. The flatbed may or may not have a lip/rails.

Floor area means the area included within the surrounding exterior wall of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Floor plan means a graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.

Flush-mounted solar energy system means a roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to five percent but shall not be higher than ten inches above the roof.

Frontage means that boundary of a lot which abuts an existing or dedicated public street or private drive.

Funeral home means an establishment where the dead are prepared for burial or cremation and where wakes and funerals may be held. "Funeral home" includes mortuaries or morgues but does not include crematories, columbaria, cemeteries or mausoleums.

Garage, private means a building or a portion of a building in which motor vehicles owned or leased by the occupants of the principal buildings are stored or kept. Additional uses may include storage of lawn maintenance equipment, recreational equipment, hobby equipment and similar items.

Garage, public means a building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.

Garage, repair means a building or space within a building for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards. Towing may be included as an incidental use for vehicles that are towed to the site for general repair, rebuilding or reconditioning including engine work, collision service, body, frame and fender straightening or repair, painting and vehicle steam cleaning.

Government use means a building or facility operated and maintained by a local, district, county, regional, state or federal government entity.

Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet (1,524 mm) from the building, between the building and a line five feet (1,524 mm) from the building.

Green space means open, vegetated areas, either landscaped or naturally maintained, including stormwater management areas and wetlands but excluding buildings; impervious surfaces; pervious hardscapes such pervious pavers, pervious asphalt or pervious concrete; and artificial plants or turf.

Greenway means linear open space, either existing or created, with a minimum 100-foot width whose primary purpose is to connect places or resources of ecological value. The greenway is intended to be maintained primarily in a natural state, although some sections may be landscaped. It may or may not include a trail or pathway.

Gross acreage means the total size of a development area in acres including but not limited to streets, parks and open space, and utility easements.

Ground source heat pump system means a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system.

Gymnastics club/academy means a facility or group organized for the instruction, competition, and similar activities related to gymnastics.

Heat transfer fluid means a non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20 percent by weight or aqueous solutions of potassium acetate not to exceed 20 percent by weight.

Hemp business means a business licensed by the office of cannabis management (OCM) as defined by Minn. Stats. 342.01, subd. 14 and subd. 34.

Historic reuse means an owner occupied historic residential structure or structures built before the year 1930 on parcels of at least five acres in size.

Home business means such business activity, including home offices and the like, that takes place in a home occupied as a primary residence and is incidental and secondary to the residential use of the premises.

Home business, parking and storage of business equipment and vehicles means any parking or storage of business equipment and vehicles in the city on property owned and occupied by a person engaged in a business.

Horizontal axis wind turbine means a wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.

Horizontal ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.

Hospice means palliative and supportive care and other services provided by an interdisciplinary team under the direction of an identifiable hospice administration to terminally ill hospice patients and their families to meet the physical, nutritional, emotional, social, spiritual, and special needs experienced during the final stages of illness, dying, and bereavement.

Hospital means an institution for the reception and care of five or more sick or injured persons for a continuous period longer than 24 hours for the purpose of diagnosis or treatment bearing on the physical or mental health of such persons and where emergency medical services are offered 24 hours a day, seven days a week.

Hotel or motel means any building containing six or more guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

Hub means the center of a wind generator rotor, which holds the blades in place and attaches to the shaft.

Hub height means the distance measured from natural grade to the center of the turbine hub.

Impervious means 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 rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt or gravel roads. Properly maintained pervious hardscapes such as pervious pavers, pervious asphalt or pervious concrete are excluded.

Interim conditional use permit means a conditional use permit issued by the city council permitting a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it.

Kennel means any place where four or more dogs, cats or other domesticated pets, excluding aquarium fish, over three months of age are kept for any purpose.

Laboratory, dental means a laboratory used to construct and repair dentures, bridges, crowns and other artificial tooth replacement devices (prosthetics).

Laboratory, medical means a laboratory where tests are done on clinical specimens in order to get information about the health of a patient as pertaining to the diagnosis, treatment, and prevention of disease.

Laboratory, research and development means a place equipped for experimental study in a science or for testing and analysis.

Landscaping means plantings such as trees, shrubs, plants, flowers, and grass, as well as edging/borders, decorative rock, mulch, and the like.

Livestock means domesticated animals being: alpacas, bees, dairy and beef cattle, deer, donkeys, goats, horses and ponies, llamas, mules, sheep, pigs, hogs, chickens, turkeys, ducks and other poultry, fish, mink, and game birds.

Local street: See "street, local".

Lot means a parcel of land designated by metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels of portions by said description for the purpose of sale, lease, or separation thereof.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines.

Lot, corner means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

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

Lot line means a lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the lot depth in both directions is at least 125 feet, either side may be designated by the zoning administrator as the front.

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

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

Lot of record means any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for the county, prior to April 14, 1971, or the effective date of a subsequent amendment to this chapter.

Lot, through means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines.

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

Lower-potency hemp edible manufacturer means a hemp business that makes hemp concentrate, manufactures artificially derived cannabinoids lower-potency hemp edibles, and/or hemp-derived consumer products, and sells hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products to other cannabis businesses and hemp businesses pursuant to Minn. Stats. 342.45.

Lower-potency hemp edible retailer means a hemp business that sells lower-potency hemp edibles to customers, including on-site consumption, pursuant to Minn. Stats. 342.46.

Manufactured home: See section 12-1.

Manufacturing means all uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influence.

Metes and bounds description means a description of real property by starting at a known point of reference and describing the bearing and distances of the lines forming the boundaries of the property.

Mining means the extraction of sand, gravel, rock, soil or other materials from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site. "Mining" does not include removal of materials associated with construction of a building or grading of an approved plat, provided such removal is an approved item in the building permit.

Minor arterial: See "street, minor arterial".

Monopole tower means a tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.

Motel or hotel means any building containing six or more guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

Motor fuel stations shall include motor fuel stations, motor fuel station convenience stores, and all premises whereon the owner or occupant conducts the business of furnishing, selling or dispensing motor fuel or liquified petroleum for motor vehicles.

Motor vehicle leasing means a place where motor vehicles are available for short-term rental.

Motor vehicle sales means a place where motor vehicles are sold or leased for extended time periods. Motor vehicles include cars, trucks, vans, sports utility vehicles, boats, recreational vehicles and the like.

Motor vehicle service includes a place where greasing and oiling and/or the sale of automobile accessories on the premises, a place where minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one-and-one-half-ton capacity or retail sales of convenience items. "Motor vehicle service" does not include general repair, rebuilding or reconditioning on engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning. These would not be included as ordinary service station activities unless specifically permitted by conditional use permit.

Multi-media post production facility means a business specializing in the manufacture, production and post production of television, film, music, video games, animation, computer software and educational content. The facility may contain a residential component provided, however, that lodging shall be exclusively accessory to the post production facility.

Nursery, commercial means a business involving retail sales of trees, flowering and decorative plants, and shrubs for purposes of transplanting which may be conducted within a building or without.

Nursery, horticultural means a business growing trees, flowering and decorative plants, fruits, vegetables and shrubs for purposes of transplanting which may be conducted within a building or without.

Nursing home means a state licensed facility or that part of a facility which provides nursing care to five or more persons. "Nursing care" means health evaluation and treatment of patients and residents who are not in need of an acute care facility but who require nursing supervision on an inpatient basis.

Office/showroom means finished office space in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Ancillary retail may be permitted as an accessory use as defined by the zoning district.

Office uses means those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. These include: banks, general offices; governmental offices; insurance office; real estate office, taxicab office, but not taxi stand; travel agency; utility office, radio broadcasting, recording studio and similar uses.

Open loop ground source heat pump system means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well.

Open space means open areas, including parks, nature areas, forest, wildlife management areas, playgrounds and trails.

Open space recreational uses means recreational uses particularly oriented to and utilizing the outdoor character of an area; including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreation areas.

Ordinary high water level (OHWL) means the boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the OHWL is the elevation of the top of the bank of the channel.

Outdoor seasonal sales is a short-term outdoor display and/or sale of seasonal products such as the following: Christmas trees, nursery products and horticulture products (fruits, vegetables, flowers, shrubs and the like).

Outpatient surgical center means a freestanding facility organized for the specific purpose of providing elective outpatient surgery. Admissions are limited to procedures that utilize general anesthesia or conscious sedation and that do not require overnight inpatient care. An outpatient surgical center is not organized to provide regular emergency medical services and does not include a physician's or dentist's office or clinic for the practice of medicine, the practice of dentistry, or the delivery of primary care.

Parent parcel means a parcel that has been or is proposed to be further divided into additional lots, tracts, parcels or sites.

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

Passive solar energy system means a system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this division [chapter] shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this division [chapter].

Pawnshop means any business establishment operated by a pawnbroker.

Personal service means a business providing services to individuals such as dress making, dry cleaning counter service but not processing, hair care, laundry, massage, nail care, personal training, tailoring, tanning and the like.

Photovoltaic system means a solar energy system that converts solar energy directly into electricity.

Place of assembly means a location where a nonprofit group or association of persons gathers together for common reason and at regular intervals for civic, cultural, fraternal, political, religious or social purposes. The group or association may own or lease a building or portion thereof, the use of such premises being restricted to bona fide members paying dues and their guests. It shall be permissible to serve food, meals and alcoholic beverages on such premises providing that such service is secondary and incidental to the promotion of some other common objective of the organization and adequate dining room space and kitchen facilities for the purpose of serving food and meals are available. The sale of alcoholic beverages to members and their guests may be allowed in compliance with the applicable federal, state and municipal laws.

Place of worship means a place of assembly where a non-profit religious body organized to sustain public worship owns or leases a building or portion thereof where people regularly assemble for religious worship. It shall be permissible to serve food, meals and alcoholic beverages on such premises providing that such service is secondary and incidental to the promotion of some other common objective of the organization and adequate dining room space and kitchen facilities for the purpose of serving food and meals are available.

Planned unit development (PUD) is a special zoning procedure whereby a conditional use permit is issued for a land area unified, designed and regulated as a unit with site planning and land use flexibility, generally consisting of single or multiple buildings, lots or multiple land uses under single or multiple ownership.

Porch (front) means a roofed deck that may include screens and railings and/or walls no more than 42 inches in height, and is located at the front entrance or across the front of a residential dwelling unit.

Porch (rear/side) means a roofed deck that may or may not be enclosed and is located within a side or rear yard.

Principal arterial: See "street, principal arterial".

Property line means the legal boundaries of a parcel of property.

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

Public open space means open space owned by the city, county, state, school district or a special district.

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

Public water means waters defined as protected by M.S. § 103G.005, subds. 15 and 15A.

Raw sewage means sewage that has not been subjected to any treatment process.

Reclamation land means the improvement of land by deposition of material to elevate the grade. Any parcel greater than one acre in size, upon which 400 cubic yards or more of fill are deposited, shall be considered as reclaimed land.

Recreation, commercial includes all uses such as tennis, racquetball, golf, clubs, riding stables, amusement centers, bowling alleys, roller and ice skating rinks, driving ranges, movie theaters, carnivals and amusement rides that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreational equipment means travel trailers including those which telescope or fold down, chassis mounted campers, motor homes, tent trailers, slip in campers, converted buses, snowmobiles, boats, utility trailers, and similar equipment currently licensed for road, trail, or water travel when required. Travel trailers, chassis mounted campers, motor homes, tent trailers, slip in campers, and converted buses are units designed and used for human living quarters and meeting the following qualifications:

(1)

Are not used as the residence of the owner or occupant.

(2)

Are used for temporary living quarters by the owner or occupant while engaged in off-site recreational or vacation activities.

(3)

Are self-propelled or towed on the public streets or highways incidental to such recreational or vacation activities.

Slip in campers are mounted into a pickup truck in the pickup box.

Recreational facility means a facility that is located on or next to the ground, including but not limited to: Putting greens, volleyball, tennis and basketball courts; batting, pitching soccer and golf cages and nets; hockey and ice rinks, skate board ramps, trampolines, portable flooring for aerobics, dance, and weight lifting.

Recreation, public includes all uses that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

Registered land survey means a survey map of registered land designating the same into a tract or tracts of a registered land survey number.

State Law reference— Transfers and surveys of registered lands, M.S. § 508.47.

Residential care facility means any facility, public or private, licensed by the State of Minnesota to provide accommodation, food, care, supervision and treatment of persons who are mentally ill, intellectually, developmentally or physically disabled and/or drug dependent.

Residential wind turbine means a wind turbine of ten kilowatt (kW) nameplate generating capacity or less.

Restaurant, class I means either of the following:

(1)

Traditional restaurant: An eating facility where food is served to a customer and consumed by him while seated at a counter or table. Accessory use may include take-out food order.

(2)

Cafeteria: An eating establishment where food is selected by a customer while going through a serving line and taken to a table for consumption.

Restaurant, class II means any of the following:

(1)

Fast food: An eating establishment where a majority of the customers order food and are served their food at a counter and then take their food to a table or counter where it is consumed. However, a significant number may take their food outside to eat in an automobile or off the premises.

(2)

Drive-through: A facility incorporated into an establishment where food is ordered from the automobile and taken off the premises.

(3)

Drive-in: An eating establishment where the customers consume their food in an automobile regardless of how it is served.

Retail shopping uses means stores and shops selling goods over a counter, these include items such as: Antiques; art and school supplies; auto accessories; bakeries; bicycles; books and stationery; candy; cameras and photographical supplies; carpets and rugs; catering establishment; china and glassware; Christmas tree sales; clothing and costume rental; department stores; drugs, dry goods; electrical and household appliances, sales and repair; florist, food, furniture, garden supplies (year-round operation only); gifts; hardware; hats; hobby shops for retail of items to be assembled or used away from the premises; household appliances; leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wallpaper; audio and video accessories; photography studios, shoes; sporting goods; theater, except open-air drive-in; tobacco; toys; variety stores; wearing apparel and similar type uses.

Riparian means the upland area adjacent to a lake or stream.

Riparian substandard structure means a structure in existence prior to December 10, 1997 that does not meet the minimum required setback from the OHWL.

Road means a right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads.

School means a public or private institution for learning with a pre-school, kindergarten, elementary or secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils and staff meeting the standards established by the state.

Sediment means the product of an erosion process, solid material both mineral and organic, that is in suspension, is being transported or has been moved by water, wind or ice and has come to rest on the earth's surface either above or below water level.

Self storage means a facility where rooms or lockers are rented to tenants, usually on a monthly basis, in which tenants can store and access their goods. The rented spaces are usually secured by the tenant's own lock and key. Unlike in a warehouse, self-storage facility employees do not have casual access to the contents of the space.

Semi-public use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to persons outside the regular constituency of the organization.

Setback means the minimum horizontal distance between a building and lot line or road easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level.

Sewage means any water-carried domestic waste, exclusive of footing and roof drainage of any residence, industry, agriculture or commercial establishment whether treated or untreated and includes the liquid wastes produced by bathing, laundry and culinary operations; and from toilets and floor drains.

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

Shopping center means a planned business center with a unified arrangement of buildings and service facilities.

Shopping center, community means a shopping center of at least ten acres with approximately 100,000 square feet of floor area.

Shopping center, neighborhood means a shopping center of at least five acres or more with approximately 30,000 square feet of floor area.

Shopping center, regional means a shopping center of at least 50 acres in size with approximately 500,000 square feet of floor area.

Shore impact zone means land located between the OHWL of a public water and a line parallel to it at a setback of 50 percent of the required structure setback.

Shoreland means land located within the following distances from the public waters identified in section 24-148(b): 1,000 feet from the ordinary high water level of a lake or pond; and 300 feet from a stream. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

Shoreland setback means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level.

Slope means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance or a percentage of vertical to horizontal distance.

Small wind turbine means a wind turbine of 100 kW nameplate generating capacity or less.

Solar energy system means a device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Steep slope means an average slope greater than 12 percent as measured over a horizontal distance of 50 feet or more.

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

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

Street, collector means a street that provides connections between neighborhoods and from neighborhoods to business concentrations. Mobility and access are equally important. Collector streets are designated in the city's comprehensive plan or by the city engineer.

Street, local means a street intended to serve primarily as an access to abutting properties. Local streets are designated in the city's comprehensive plan or by the city engineer.

Street, minor arterial means streets of regional importance because they relieve, expand or complement the principal arterial system. The emphasis is on mobility as opposed to access. Minor arterial streets are designated in the city's comprehensive plan or by the city engineer.

Street pavement means the wearing or exposed surface of the roadway used by vehicular traffic.

Street, principal arterial means all interstate freeways. Interstate freeways connect to other states, other areas in the state, metropolitan centers and regional business concentrations. Principal arterials are designated in the city's comprehensive plan.

Street width means the width of right-of-way, measured at right angles to the centerline of the street.

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

Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures.

Structure, nonconforming means a structure which legally exists on April 14, 1971, or at the time of a subsequent amendment to this chapter that does not comply with this chapter governing the zoning district in which such structure is located.

Structure, principal means the main building on a parcel of land.

Subdivision means the division of a parcel of land after April 14, 1971, or the effective date of any subsequent amendment to this chapter into two or more lots or parcels, for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Substandard lot means any lot existing prior to the date of enactment of any city ordinance that does not meet the minimum lot area and length of frontage, structure setbacks or other dimensional standards of this chapter.

Surfaced means a road, driveway, approach, parking lot which consists of bituminous surface, concrete surface, or other similar material.

Temporary outdoor sales means any sales conducted outside a building or structure for a limited period of time. Such sales may include tent sales, sidewalk sales and similar outdoor sales.

Total height, wind turbine means the highest point above natural grade reached by a rotor tip or any other part of a wind turbine.

Tower means a vertical structure that supports a wind turbine, antenna, transmission lines or other similar uses.

Toxic and hazardous wastes means waste materials including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.

Training and teaching facility means a public or private institution for post-secondary education or technical training including buildings, equipment, courses of study, class schedules, enrollment of pupils and staff.

Transit-oriented development (TOD) means the functional integration of zoning and transit via the creation of a planned, walkable environments within walking distance of a transit stop or station creating access to jobs and services.

Tree preservation plan is a plan prepared by a certified forester or landscape architect which clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve them. The plan will also include calculations to determine the number of replacement trees required.

Urban development means residential, commercial or industrial development in an area designated and intended to be presently available and suited for such development in accordance with the provisions of this chapter and comprehensive plan of the city and where public utilities and facilities are presently available or can be efficiently and economically provided.

Use means the purpose of activity for which the land or building thereof is designated, arranged, or intended, or for which it is occupied, utilized or maintained.

Use, accessory means a use subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereof.

Use, conditional means a use which requires conditional approval because if not carefully located or designed it may create conditional problems such as excessive height or bulk or abnormal traffic congestion. A conditional use is not a nonconforming use.

Use, nonconforming means use of land, buildings, or structures legally existing on April 14, 1971, or the effective date of any subsequent amendment to this chapter which does not comply with this chapter governing the zoning district in which such use is located.

Use, permitted means a public or private use that conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.

Use, principal means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Utilities means electric, telephone, telecommunications, cable television, water, sanitary sewer, storm sewer, solid waste, gas or similar service operations.

Utility wind turbine means a wind turbine of more than 100 kW nameplate generating capacity.

Variance means a modification or variation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances relating to a special lot, strict application of this chapter would cause an undue hardship.

Veterinary means those uses concerned with the diagnosis, treatment, and medical care of animals, including animal or pet hospitals.

Vertical axis wind turbine means a type of wind turbine where the main rotor shaft runs vertically.

Vertical ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.

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

Water-oriented accessory structure or facility means 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.

Wetlands (as defined in Minnesota Rules 7050.0130, subpart F) means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:

(1)

A predominance of hydric soils;

(2)

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 a saturated soil condition; and

(3)

Under normal circumstances support a prevalence of such vegetation.

Wind energy system means an electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.

Wind turbine means any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

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

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

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

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

Zoning administrator means the community development director.

Zoning amendment means a change authorized by the city either in the allowed use within a district or in the boundaries of a district.

Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use are uniform as defined by this chapter.

(Mins. of 6-27-2001; Ord. No. 1757, §§ 157.01, 1757.02, 11-29-2004; Ord. No. 1760, § 1760.01, 1-12-2005; Ord. No. 1778, § 1778.02, 9-27-2006; Ord. No. 1795, § 1795.01, 10-24-2007; Ord. No. 1796, § 1796.03, 11-29-2007; Ord. No. 1834, § 1834.01, 9-8-2010; Ord. No. 1840, § 1840.02, 4-13-2011; Ord. No. 1854, § 1854.01, 6-27-2012; Ord. No. 1957, § 1, 12-12-2018; Ord. No. 1960, § 1, 3-27-2019; Ord. No. 1963, § 1, 6-26-2019; Ord. No. 2061, § 2, 10-23-2024; Ord. No. 2062, § 1, 10-23-2024; Ord. No. 2063, § 1, 11-20-2024)

(a)

All measured distances in this chapter expressed in feet shall be to the nearest tenth of a foot.

(b)

In the event of conflicting provisions within this chapter, the more restrictive provisions shall apply.

(c)

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 welfare.

(d)

Where the conditions imposed by any provision of this 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; provided, however that the Uniform Building Code takes precedence over any conflicting provisions of this chapter.

(e)

All subdivisions, rezonings, planned unit developments, conditional use permits, site plan reviews and developer's agreements approved by the city council prior to the effective date of this chapter shall not be altered or affected by the adoption of this chapter and shall be deemed to be lawful conforming uses under the zoning ordinance of the City of Woodbury.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

Except as this chapter specifically provides:

(a)

No structure shall be erected, converted, enlarged, reconstructed, or altered.

(b)

No structure or land shall be used for any purpose or in any manner which is not in conformity with this chapter.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State Law reference— Specific authority for and limitations on municipal zoning authority, Minn. Stat. § 462.357.

Whenever, in any zoning district, a use is not specifically permitted, the use shall be considered prohibited.

(Ord. No. 1854, § 1854.01, 6-27-2012)

Prior to accepting or approving an application for subdivision, rezoning, planned unit development, conditional use permit and/or site and building plan review, the city will require certification that there are no delinquent property taxes, special assessments, interest, or city fees or escrows due upon the parcel(s) of land to which the application relates unless waived by the zoning administrator.

(Ord. No. 1823, § 1823.01, 9-23-2009; Ord. No. 1854, § 1854.01, 6-27-2012)