Unless specifically defined below, words or phrases use in this chapter shall be interpreted to give them the same meaning they have in common usage and to give this chapter its most reasonable application. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE OR STRUCTURE. The use or structure subordinate to the principle use of the land or building on the same lot or adjoining lot and serving a purpose customarily incidental to the principal use or structure; or any structural addition to the manufactured home which includes awning, cabanas, carports, porches, gazebos, ramadas, storage cabinets and similar appurtenant structures.
   ADULT ENTERTAINMENT ESTABLISHMENT. As defined in M.S. § 617.242, as it may be amended from time to time, a business that is open only to adults and that presents live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct or nudity.
   AGRICULTURE. The tilling of the soil, the raising of crops, horticulture and gardening.
   AIRPORT. Any runway landing area or other facility designed, used or intended to be used either publicly or privately by any persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
   ALLEYS. Minor ways which are used primarily for vehicular service access to the backs or to the sides of properties which otherwise abut on streets.
   ANIMAL FEEDLOT. A facility as defined by Minnesota Rules, part 7020.0300.
   ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whip antennas.
   APARTMENT. A room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
   APPLICANT. Any person or entity who is required to submit and implement an approved tree preservation plan under this chapter.
   ARTERIAL STREETS AND HIGHWAYS. Those designed or utilized primarily for high vehicular speeds and/or for heavy volume of traffic.
   AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision services including body, frame or fender straightening or repair, overall painting or paint shop.
   AUTOMOBILE REPAIR, MINOR. Incidental body or fender work, or other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars, trucks not exceeding one and one-half ton capacity, but not including any operation named under "automobile repair, major" or any other similar use thereto.
   AUTOMOBILE OR TRAILER SALES. An open area other than a street used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
   AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailer or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
   BAR/LOUNGE. An establishment where alcoholic beverages are sold at retail for consumption on the premises and where, if food is also sold, sale of alcoholic beverages is 25% or more of gross receipts.
   BASEMENT. The portion of a building between floor and ceiling having part, but not more than one-half its height below grade.
   BED AND BREAKFAST. An establishment in a single-family dwelling or detached guest houses that provides temporary accommodations to overnight guests for compensation, and may provide meals for a daily or weekly fee.
   BLOCK. A tract of land bordered on all sides by streets, or by one or more streets and a railroad right-of-way, steam or river or unsubdivided acreage.
   BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics:
      A. Part or all of the feature is located in a shoreland area;
      B. The slope must drain toward the waterbody;
      C. The slope rises at least 25 feet above the ordinary high water level;
      D. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater (see Figure 1), except that an area with an average slope of less than 18% over a distance of at lE 50 feet shall not be considered part of the bluff (see Figure 2).
Figure 1. Illustration of Bluff
Figure 2. Exception to Bluff
   BLUFF IMPACT ZONE. A bluff and land located within 20 feet of the top of a bluff.
   BLUFF, TOE OF. The lower point of a 50-foot segment with an average slope exceeding 18% or the ordinary high water level, whichever is higher.
   BLUFF, TOP OF. For the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18%.
   BOARD OF ADJUSTMENT AND APPEALS. The Council is hereby constituted and established as the Board of Adjustment and Appeals.
      A. BAR/COCKTAIL LOUNGE. As defined by state statutes and rules.
      B. BREWERY. A facility that produces for sale beer, ale or other beverages made from malt by fermentation, and containing not less than 0.5% alcohol by volume.
      C. BREWPUB. A small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may be limited by state statute.
      D. DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof for non-industrial use.
      E. MICRO-BREWERY WITH TAPROOM. A brewery that produces no more than 20,000 barrels of malt liquor in a calendar year.
      F. MICRO-DISTILLERY WITH TASTING ROOM. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use not to exceed 40,000-proof gallons per calendar year.
      G. TAPROOM. An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of, or adjacent to, one brewery location owned by the brewer. A TAPROOM may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off-premises consumption, packaged subject to state statute.
      H. TASTING ROOM. An area for the on-sale consumption of distilled spirits or wine produced on the premises of, or adjacent to, one winery or one distillery and in common ownership to the producer of the wine or distilled spirits. The TASTING ROOM AREA may include sales for off-premises consumption of products produced by the owner of the winery or distillery location if permissible by state law.
   BUFFER. A vegetative feature as defined by M.S. § 103F.48, as it may be amended from time to time.
   BUILDABLE LOT AREA. The part of the lot not included within the open areas required by this chapter.
   BUILDER. Any person or entity to whom a building permit is issued for the construction of a single-family residence.
   BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind.
   BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of a main building on the same lot or adjoining lot.
   BUILDING, HEIGHT OF. The vertical distance from the grade at a building line 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 pitch or hip roof.
   BUILDING INTEGRATED SOLAR.  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. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
   BUILDING LINE.  A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line.
   BUILDING LINE, SHORELAND. A line parallel to the lot line or ordinary high water level at the required setback, beyond which a structure may not extend.
   BUILDING, MAIN. A building in which is conducted the principal use of the lot upon which it is situated.
   BUILDING PERMIT. A permit issued by the city for construction on a specific piece of property for a specified purpose. The permit is only issued when all provisions of the City Code are complied with.
   CALIPER INCH.  The diameter of replacement trees measured at a height of one foot above the ground level.
   CEMETERY. Land used or intended to be used for the burial of the human dead and dedicated as a CEMETERY for such purpose.
   CHURCH or SYNAGOGUE. Includes the following: church, synagogue, rectory, parish house or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.
   CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, not kept overnight on the premises.
   CLUB. An establishment or property operated for social, recreational or educational purposes, but open only to members and their guests and not the general public.
   COLLECTOR STREETS AND HIGHWAYS. Those designed or utilized to carry intermediate volumes of traffic from minor streets to arterial streets.
   COMMERCIAL PARKING, GARAGES AND LOTS.  A structure or any portion thereof designed for the parking of one or more motor vehicles, not including display or storage of motor vehicles for sale.
   COMMERCIAL RETAIL. The selling of merchandise or goods over a counter to consumers and rendering services incidental to the sale of the goods including commercial retail with drive-thru services are not allowed in the B-1 and B-3 districts.
   COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
   COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services.
   COMMISSION. The Planning Commission of the city.
   COMMISSIONER.  The Commissioner of the Department of Natural Resources.
   COMMUNICATION TOWER. Any tower structure used for the purpose of providing transmission of cell phone, radio or other personal wireless facilities.
   COMMUNITY GARDEN. A piece of land owned or controlled by the city that is gardened collectively by a group of people.
   CONSTRUCTION AREA. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity.
   CONTRACTOR YARD. A site used for storage of equipment and supplies used by a construction or landscape contractor in the operation of their business.
   CONTROLLED ACCESS LOT.  A lot used to access public waters or as a recreation area for owners of nonriparian lots within the same subdivision containing the controlled access lot.
   CONVALESCENT; LONG-TERM CARE, NURSING, OR REST HOME.  Any building or group of buildings providing personal assistance or nursing care for those dependent upon the services by reason of age or physical or mental impairment but not for the treatment of contagious diseases, addicts or mental illnesses.
   CRITICAL ROOT ZONE or CRZ. An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, such as a 20-inch diameter tree has a CRZ with a radius of 20 feet.
   CULTURAL INSTITUTION.  A facility used for the storage, preservation, study or exhibition of historic or cultural objects, or scientific interest for the recreation or cultural education of the public. Gift shops, educational or recreational services can be ancillary uses.
   DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.
   DENSITY. Number of dwelling units per acre.
   DEVELOPER.  Any person or entity other than a builder, as defined herein, who undertakes to improve a parcel of land by platting, grading, installing utilities or constructing or improving any building thereon.
   DEVELOPMENT.  Individual lot single-family residence development, single-phase development and two-phase development as those terms are defined herein.
   DIAMETER.  The length of a straight line measured through the trunk of a tree at 54 inches above the ground.
   DIAMETER INCH.  The diameter, in inches, of a tree measured at diameter brE height (4.5 feet from the uphill side of the existing ground level).
   DISTRICT. Any section of the city for which the regulations governing the use of buildings and premises and the height and area of buildings are uniform.
   DRAINAGE COURSE.  A water course or indenture for the drainage of surface water.
   DRIP LINE.  The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree.
   DRIVE-IN RESTAURANT. Any eating or drinking establishment designed for food or drinks to be consumed by persons in vehicles parked on the premises.
   DRIVEWAY. A minor private way used by vehicles and pedestrians.
   DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons but not including a tent, cabin, boarding or rooming house, hotel or motel.
   DWELLING, MULTIPLE. A building or portion thereof designed for or occupied by three or more families.
   DWELLING, ONE FAMILY. A building containing one dwelling unit on its own separate lot, not attached to any other dwelling units, having yards on all sides of the unit.
   DWELLING, SINGLE-FAMILY.  A building designed for or occupied by one family.
   DWELLING, TWO-FAMILY. A building designed for or occupied by two families.
   DWELLING UNIT.  One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having a kitchen or kitchenette.
   ENGINEER.  A duly licensed Minnesota civil engineer.
   ESSENTIAL UTILITY FACILITY. Structures which provide shelter for equipment, a central utility hub for utilities, booster or transmitting (not including towers).
   ESSENTIAL SERVICES. Overhead or underground electrical, gas, stormwater retention ponds, designated wetlands, steam or water distribution systems, structures or collection, communications, 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, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith but not including buildings.
   FILLING STATION, SERVICE STATION or GAS STATION. Any building or premises used principally for the dispensing, sale or offering for sale at retail of automobile fuels or oils.
   FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
   FRONTAGE.  All the property on one side of a street or place between two intersecting streets or places (crossing or terminating) measured along the line of the street or place, or if the street or place is dead-ended, then all the property abutting on one side between an intersecting street or place and the dead end of the street or place, but not including the dead end of the street.
   FUNERAL HOME OR MORTUARY.  A building or part thereof used for funeral services. Such buildings may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the storage of caskets, urns, and other related funeral supplies; and (c) the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted. This definition shall not include properly licensed facilities for cremation.
   GARAGE, COMMERCIAL.  Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, sold or stored.
   GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles which are owned by the occupants of the building to which it is accessory.
   GAS STATION. An establishment which sells gasoline typically at outdoor pumps to automobiles and other vehicles and may include sale of convenience items. (see filling station, etc.)
   GROUND- OR POLE-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system mounted on a rack or pole that rests on the ground or on a foundation, and is not connected to a building except by the electric system.
   HOME OCCUPATION. Any occupation which is customarily incidental to the principal use of the premises and is conducted by a resident occupant.
   HOTEL/MOTEL.  A structure or group of structures in which three or more units for lodging are offered to transient guests with furnishing of sleeping accommodation in rooms or suites of rooms for compensation, and may also include an ancillary eating establishment, gift shop or other ancillary tourist services available to guests and/or to the general public.
   HOSPITAL. An institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient department, training facilities, central service facilities and staff offices which are an integral part of the facility.
   IMPERVIOUS SURFACE.  A constructed hard surface that prevents or retards 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, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces.
   INDIVIDUAL LOT SINGLE-FAMILY RESIDENCE DEVELOPMENT.  The process where the construction of a new single-family residence occurs on a single lot.
   INDUSTRIAL SERVICE.  Establishments involved in repair and servicing of industrial or business machinery, equipment, products with some ancillary sales, repair, storage or salvage operations and truck stops.
   INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
   INDUSTRIAL WAREHOUSING DISTRIBUTION OR STORAGE.  Establishments involved in the storage or distribution of materials or equipment on a primarily wholesale basis or as support to a service industry. Property can include equipment sales and rental and ancillary business offices.
   INSTITUTIONAL USE. Any use which typically provides a service on a not-for-profit basis by an organized establishment, foundation or society, including religious, private or public non-profit organizations such as schools, hospitals, churches and government facilities.
   INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
   JUNKYARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including auto wrecking yards, house wrecking yards, used material yards, but not including pawn shops, antique shops and places for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
   LANDFILL, DEMOLITION WASTE.  A place for the disposal of demolition wastes, including waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition. The definition does not include waste that must be deposited in a sanitary landfill. Dumping must be in accordance with Minnesota Pollution Control Agency regulations. The facility must secure applicable state and county permits.
   LANDFILL, SOLID WASTE PROCESSING FACILITY.  A place for processing solid waste prior to its final disposal; could include transfer station, waste to energy incinerator and/or recycling center. Operator and/or owners must secure state, federal and county permits.
   LOCAL STREETS.  Those which are used or will be used primarily for access to abutting properties and which carry limited volumes of traffic.
   LOT.  A piece or parcel of land occupied or to be occupied by a building or a use or as a unit for the transfer of ownership.
   LOT - BUILDING.  For zoning purposes, as covered by this chapter, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide the yards and other open spaces as are herein required. The LOT shall have frontage on an improved public street and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, provided that it is recorded as one lot; a parcel of land described by metes and bounds description; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
   LOT, CORNER.  A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 120 degrees.
   LOT COVERAGE.  The percentage of a lot which, when viewed in its horizontal plane, would be covered by a structure or structures, or any part thereof.
   LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE and yards shall be provided as indicated under "yards" in this section.
   LOT, INTERIOR.  A lot other than a corner lot with only one frontage on a street other than an alley.
   LOT LINES.  The lines bounding a lot.
      A. DEPTH OF A LOT.  The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front, and the rearmost points of the side lot lines in the rear.
      B. LOT AREA.  The lot area shall be computed from the area contained in a horizontal plane defined by the lot lines.
      C. WIDTH OF A LOT. The distance between the straight lines connecting front and rear lot lines at each side of the lot measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.
   LOT OF RECORD.  A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, other than an alley.
   MAJOR TRAFFIC GENERATOR.  Any use of land for whatever purpose (commercial, industrial, recreational or residential) which generates 500 or more vehicle trips per day total, or 60 heavy vehicle trips per day according to the ITE (Institute of Transportation Engineers) most recent Trip Generation Manual.
   MANUFACTURED HOME PARK.  A contiguous parcel of land which is developed for the placement of mobile homes which is owned by a single entity rather than parcels that are individually owned.
   MANUFACTURING, HEAVY.  Establishments involved in the manufacturing, fabrication or compounding of products, on a primarily wholesale basis, in particular those involving the use of mechanical power and machinery to produce products from raw materials, or to prepare or alter materials for use in a finished product, or to assemble parts into products where there is the creation of odor, dirt, dust and noise.
   MANUFACTURING, LIGHT.  Establishments involved in the processing or assembly of products where the process involved is relatively clean and nuisance-free, in the creation of finished products for sale on a primarily wholesale basis. LIGHT MANUFACTURING may include shared use of space for small-scale manufacturing or commercial-scale cooking.
   MAP.  A drawing showing one or more parcels of land.
   MARQUEE.  A permanent roofed structure attached to and supported by the building and projecting over public property.
   MIXED USE.  A mix of more than one principal use per lot or parcel including different types of residential (single- and multi-family) and/or mix of residential, commercial and/or institutional uses.
   MULTIPLE-FAMILY DWELLING.  A structure or portion thereof intended and designed for three or more dwelling units.
   NEIGHBORHOOD SIGNIFICANCE. Contributing to the creation of a physical setting that represents a period in time that is important to the evolution of the community. Examples of NEIGHBORHOOD SIGNIFICANT are as follows:
      A. A group of buildings that are similarly constructed;
      B. A group of buildings that are of similar or significant architectural styles;
      C. A group of buildings whose location, layout on the property, or size serves as an important element in the neighborhood.
   NON-CONFORMING USE.  A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use provisions of this chapter for the district in which the premises are located.
   NURSERY/GREENHOUSE/LANDSCAPE BUSINESS.  A business growing and selling trees, flowering, decorative and/or edible plants which may be conducted in or outside of a building.
   ORDINARY HIGH-WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH-WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH-WATER LEVEL is the operating elevation of the normal summer pool.
   OUTDOOR SALES, SERVICE, RENTAL LOT. An outdoor space for display and/or sales of goods, materials or merchandise, where the majority of product is located and business can occur within a permanent structure.
   OWNER. An individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
   PARKING LOT.  A parcel of land containing one or more unenclosed parking spaces whose use is principal to the lot as differentiated from an accessory use, as in a residential lot.
   PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a paved driveway connecting the parking space with a street or alley, and permitting ingress and egress of an automobile.
   PARKS. Areas of public land developed and maintained primarily as pleasurable landscaped areas providing for both active and passive recreational pursuits, including tot-lots, playgrounds, neighborhood parks, play field and special purpose areas.
   PERMIT. A written permit or certification issued by the Building Inspector permitting the construction, alteration and extension of any permanent structure within the city, under provisions of this chapter and regulations issued hereunder.
   PERSONAL SERVICES.  Establishments providing nonmedically related services, including salons, spas (with or without massage), barber shops, garment tailoring or repair, laundry and dry-cleaning establishments, body art establishments, and post offices. These uses may also include accessory retail sales of products related to the services provided.
   PLAT. A map showing a plan for the subdivision of land which is submitted for approval and is intended in final form for recording.
   PRIVATE STREET.  A purported street, way or strip of land reserved for the use of a limited number of persons or purposes as distinguished from a publicly dedicated street.
   PROFESSIONAL SERVICE. The selling of personal or professional services to the end consumers that typically do not produce a tangible commodity, and the sale of merchandise is less than 25% of the business including medical, beauty, law and other professional services.
   PROJECTION. The distance by which a sign extends over public property or beyond the building line.
   PROTECTED WATERS.  Those waters of the state identified as public waters or wetlands under M.S. § 105.37, Subd. 14 and 15 and § 105.391, Subd. 1, as they may be amended from time to time.
   PUBLIC WALKWAY.  A public way designated for the use of pedestrian traffic and trails for multi modal transportation.
   PUBLIC WATERS. Any water as defined in M.S. § 103G.005, Subd. 15, 15a, as may be amended from time to time.
   RECREATIONAL ENTERTAINMENT FACILITY, MAJOR.  A structure or open space providing entertainment or recreation, including, but not limited to: amusement centers; movie theaters with more than two screens or stages; and indoor or outdoor water parks or amusement parks, concert venues, dance halls, ski hill, golf course.
   RECREATIONAL ENTERTAINMENT FACILITY, MINOR. A structure or open space providing entertainment or recreation, including, but not limited to: bowling alleys; pool or billiard halls; tennis courts; racquetball courts; exercise facilities; roller and ice skating rinks; concert venues with a capacity of up to 200 patrons; theaters with up to two screens or stages.
   REPAIR AND MAINTENANCE SERVICE.  The provision of repair or maintenance services including auto, mechanical, machinery repair or retooling.
   RESTAURANT. A structure in which the principal use is the preparation and sale of food and beverages.
   RESTAURANT, BAR OUTDOOR SEATING.  More than three tables (with or without chairs) or four benches or chairs provided by a business to allow patrons to eat and/or drink outside of the business on private property.
   RESTAURANT, DRIVE-IN/DRIVE-THRU. Any restaurant with a drive-thru or a drive-in facility.
   ROOF- AND BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system mounted on top of the finished surface of a building roof or another component of the finished building surface.
   SANITARY SEWER.  A constructed conduit connected with a sewer system for the carrying of liquids and solids other than storm waters to a sanitary treatment facility.
   SCENIC OR CONSERVATION EASEMENT.  A grant by a property owner for the use of a strip of land for the purpose of protecting open spaces, trees, unusual rock formations, waterways, natural features, historic and scenic views, the surroundings of culturally significant buildings or structures and ecologically significant land.
   SCHOOL, PRIMARY, SECONDARY, COLLEGE OR UNIVERSITY. Any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the state.
   SEDIMENT CONTROL. Controlling soil erosion losses by water and wind by approved conservation practices.
   SELF-STORAGE FACILITY.  A site, structure or building in which customers can rent space to store possessions. INDOOR SELF-STORAGE FACILITIES are those that are completely enclosed with walls and roof.
   SERVICE ACCESS STREETS.  Minor streets which are parallel and adjacent to higher classified thoroughfares and which serve to reduce the number of access points to those thoroughfares.
   SETBACK.  The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high-water level, sewage treatment system, top of bluff, road, highway, property line or other facility.
   SEWAGE TREATMENT SYSTEM. Has the meaning given under Minnesota Rules, part 7080.1100, Subp. 82.
   SEWER SYSTEM.  Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
   SHORE IMPACT ZONE.  Land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50% of the structure setback (see Figure 5).
Figure 5. Shore Impact Zone
   SHORELAND. Land located within the following distances from public waters:
      A. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
      B. 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.
   SHORE RECREATION FACILITIES. Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities.
   SIGNIFICANT WOODLAND.  A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and 12 inches in diameter or coniferous trees between four feet and 12 feet in height.
   SINGLE-PHASE DEVELOPMENT.  The process where improvement of the entire site occurs in one continuing process. Activities which can occur during single-phase development include initial site grading; installation of utilities; construction of public streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the construction area.
   SOLAR COLLECTOR SURFACE.  The surface and framing of a solar collector, excluding the rack, rail, or other device upon which the collector is mounted.
   SOLAR ENERGY SYSTEM.  A mechanical or electrical device whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
   SOLAR GARDEN/FARM.  A solar power installation that accepts capitol from and provides output credit and tax benefits to individuals and other investors.
   STATE LICENSED RESIDENTIAL FACILITIES. A use which is required under M.S. § 462.357, as it may be amended from time to time.
      A. FAMILY DAY CARE.  A day program providing care for not more than ten children at one time, and which is licensed by the county as a family day care home.
      B. GROUP DAY CARE.  A day care program providing care for more than six children at one time. GROUP DAY CARE includes programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers for school age children, after school programs, infant day care centers, cooperative day care centers and Head Start programs.
      C. SUPERVISED LIVING FACILITY. For persons with developmental disabilities or related conditions where supervision, counseling, housing and DHS-licensed habilitative or rehabilitative program services are provided to serve five or more developmentally disabled clients.
   STEEP SLOPE. Land having average slopes over 12%, as measured over horizontal distances of 50 feet or more, which are not bluffs.
   STORM SEWER.  A constructed conduit for carrying surface waters to a drainage course.
   STORY.  The portion of a building, including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
   STREET.  A publicly dedicated thoroughfare serving as the principal means of access to abutting property.
   STREET LINE. A dividing line between a lot, tract or parcel of land and a contiguous street.
   STRUCTURAL ALTERATIONS.  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.
   STRUCTURE. Anything constructed or erected on ground or attached to the ground, the use of which requires the permanent location on the ground, or which is attached to something having permanent location on the ground, including, but not limited to buildings, factories, sheds, cabins, manufactured homes, satellite dishes and other similar items. Excludes aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
   SUBDIVIDER.  Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for himself, herself or for another.
   SUBDIVISION.  The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the sale or exchange of parcels between adjoining lot owners, where the sale or exchange does not create additional building sites, shall be exempt. The "improvement" of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open space for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm draining or other public facilities.
   SUITABILITY ANALYSIS.  An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.
   SURVEYOR.  A duly licensed Minnesota land surveyor.
   THOROUGHFARE PLAN.  The part of the comprehensive plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.
   TOWER.  Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
   TREE.  Any of the following type of trees, as each is defined herein:
      A. CONIFEROUS/EVERGREEN TREE.  A woody plant which, at maturity, is at lE 12 feet or more in height, having foliage on the outermost portion of the branches year-round.
      B. DECIDUOUS TREE.  A woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown and which sheds leaves annually.
      C. HARDWOOD DECIDUOUS TREE.  Includes: Ironwood, Catalpa, Oak, Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust and Basswood.
      D. SIGNIFICANT TREE.  A healthy tree measuring a minimum of six inches in diameter for hardwood deciduous trees, as defined herein; or a minimum of 12 inches in diameter for softwood deciduous trees, as defined herein; or a minimum of 12 feet in height for coniferous/evergreen trees.
      E. SOFTWOOD DECIDUOUS TREE. Includes: Cottonwood, Poplars/Aspen, Box Elder, Willow, Silver Maple and Elm.
      F. SPECIMEN TREE.  A healthy hardwood deciduous tree measuring equal to or greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or greater in height.
   TWO-PHASE DEVELOPMENT.  The process where improvement of the entire site occurs in at lE two distinct phases. Generally, the first phase includes initial site grading; installation of utilities; construction of public streets; construction, grading of drainage ways; and filling of any areas. The second phase generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, private streets; and any other activity within the specific construction zone.
   UTILITY EASEMENT.  A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage courses and gas lines.
   VARIANCE. The same as that defined in Minnesota Statutes.
   WATER-DEPENDENT USE.  The use of land for commercial, industrial, public or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of commercial uses typically found in shoreland areas.
   WATER-ORIENTED ACCESSORY STRUCTURE or FACILITY.  A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes are not water-oriented accessory structures.
   WETLAND. Has the meaning given under Minnesota Rule.
   YARD.  A required open space unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein. For the purposes of this chapter, accessory use, a private garage may be located within the rear or side yard areas but in no case will they be less than five feet from any property line unless an agreement to build is executed. A minimum one foot setback is still required with an agreement to build (i.e. rain gutters, overhang, etc.)
   YARD, FRONT. A yard extending between lot lines which intersects a street line, the depth of which is the horizontal distance between the street right-of-way line and a line on the lot which is at all points equidistant from and parallel to the street line.
      A. In any required front yard, no fence or wall shall be permitted which materially impedes vision across the yard above the height of 36 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across the yard between the heights of 36 inches and ten feet.
      B. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Building Inspector may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
      C. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard or half the depth required generally for front yards in the district shall be provided on the other frontage.
      D. In the case of corner lots with more than two frontages, the Building Inspector shall determine the front yard requirements, subject to the following limitations:
         1. At least one front yard shall be provided having the full depth required generally in the district;
         2. No other front yard on the lot shall have less than half the full depth required generally.
      E. Depth of required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines and the foremost point of the lot. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without the rounding.
   YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yard. In the case of corner lots, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the half-depth front yard. Depth of required rear yards shall be measured at right angles to a straight line across the lot joining the rearmost points of the side lot lines or in the case of a dedicated alley it shall be measured from the rearmost points of the side lot lines when extended to the centerline of the alley. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.
   YARD, SIDE. A yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.
   ZONING CHAPTER. The part of the comprehensive plan, now or hereafter adopted, including an ordinance and official zoning map which divides the city into land use districts with regulations, requirements and procedures for the establishment of land use controls.
(Ord. 699, passed 1-18-22)