The following words and terms when used in Chapters 19 and 21 shall have the following meanings unless the context clearly indicates otherwise.
ACCESSIBILITY HOUSING. Housing designed for occupancy by physically disabled or handicapped persons or physically disabled or handicapped families, in accordance with any of the following:
(A) Disabled by any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following bodily systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine;
(B) Handicapped or disabled within the meaning of Title 12 U.S.C. § 1701q(d)(4) as one who has a physical impairment which:
(i) Is expected to be of long, continued, and indefinite duration;
(ii) Substantially impedes his or her ability to live independently; and
(iii) Is of such a nature that the ability to live independently could be improved by more suitable housing conditions.
(C) Disabled within the meaning of Title 42 U.S.C. § 423(d)(1)(A), which provides that a disabled person is one who has an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which can be expected to last for a continuous period of not less than 12 months.
ACCESSORY BUILDING. A subordinate building the use of which is incidental and customary to that of the principal building, and which may include, but is not limited to, detached garages, detached carports, storage buildings, gazebos, screen houses, playhouses, guard houses, dispatch houses, security houses, gate houses and similar structures.
ACCESSORY DWELLING UNIT. See DWELLING, ACCESSORY.
ACCESSORY USE. A subordinate use that is clearly and customarily incidental to the principal use of a building or premises; is operated for the benefit and convenience of the owner, customers, employees or visitors; that does not constitute more than 10% of the principal use floor area; that does not attract customers independently of the principal use; and that is located on the same lot as the principal building or use.
ACRYLIC FINISH. A texturable product with high yield acrylic solids and aggregate that provides a protective and decorative final top coat over portland cement plaster applied by spray or trowel.
ACRYLIC LATEX PAINT. A decorative product with low yield acrylic solids and no aggregate applied by spray, brush, or roller that results in minimal protective qualities.
AGRICULTURE, INDOOR. The growing of plants in a soil, nutrient, or water based solution, including hydroponics and accessory aquaculture, within an enclosed facility. This use type includes the incidental and accessory sale of goods produced on site.
AGRICULTURE, LIMITED. Raising chickens, farm poultry or farm animals subject to the limits of city code Chapter 12, Article IV. LIMITED AGRICULTURE does not include more intensive agricultural activities such as commercial farming, feedlots, fur farms, slaughtering or manure storage. Growing and harvesting plants for food or enjoyment within individual or community gardens is considered to be customarily incidental to other land uses and is permitted in all zoning districts.
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.
APIARY. The assembly of one or more colonies of bees at a single location.
ARBOR. An open shelter typically constructed of latticework or exposed boards and often meant to provide partial shade or support climbing plants.
ARCADE. A roofed passageway supported by columns and attached to a building. ARCADES are typically open on at least one side and intended to provide weather protection to pedestrians and ground level tenant space entrances.
ARCHITECTURAL CONCRETE. Any cast-in-place concrete or pre-cast concrete where the exposed exterior concrete surface has been shaped, ground, scored, split or otherwise altered to produce a specific aesthetic texture or shadow and in which any color is integral to the concrete.
ARCHITECTURAL CONCRETE MASONRY UNITS. A concrete masonry unit on which the face has been shaped, ground, glazed, scored, split or otherwise processed to produce a unit with specific aesthetic texture or shadow and, when used as an external building surface in certain residential and all nonresidential zoning districts, all color is integral to the unit.
ARTIFICIAL ILLUMINATION. Any light which is produced by a mechanical means.
ARTISAN SHOP. A retail store selling art works and other handcrafted items where the facility includes an area, not to exceed 25% of the total shop floor area, for the crafting of the items being sold.
ARTS AND CRAFTS FESTIVAL. An association of two or more handcraft vendors who assemble at a defined location primarily for the purpose of selling directly to the consumer their arts of crafts.
AUAR or ALTERNATIVE URBAN AREAWIDE REVIEW. An alternative form of environmental review to determine impacts within a defined area as detailed in Minnesota Rules 4410.3610. The content and format of an AUAR is similar to that of an EAW, but provides for a level of analysis comparable to that of an EIS.
AUTO BODY SHOP. A shop that provides substantial motor vehicle body repair, painting or undercoating services, including collision repair services such as body part replacement, frame or fender straightening and repair.
AUTOMOTIVE SERVICE FACILITIES. Facilities which usually provide motor vehicle fuel and lubricants and/or which may provide tires, mufflers and other readily replaceable automotive parts. Repair services such as tune-ups and replacement of parts sold on premises are included, however, body work, painting, and machining of parts are not included.
AWNING. A roof-like cover, often of fabric, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.
BANK or FINANCIAL INSTITUTION. An establishment with the primary purpose of deposit banking, including, but not limited to, commercial banks, savings institutions and credit unions.
BASEMENT. The portion of the building between the floor and the ceiling, which is partly below and partly above grade (as defined in the Building Code, Chapter 15), but so located that the vertical distance from the grade to the floor below is less than vertical distance from grade to ceiling.
BED AND BREAKFAST. Lodging establishments providing furnished sleeping accommodations along with a morning meal of food and beverages to the public for periods of less than one week. Also see TRANSIENT LODGING FACILITY.
BEEHIVE. A receptacle inhabited by a colony that is manufactured for the purpose of housing bees.
BEEKEEPER. A person who owns or has charge of one or more colonies of bees.
BEEKEEPING. The occupation of owning and breeding bees for their honey or beeswax subject to the limits of City Code Chapter 12, Article IV.
BERM. An earthen mound designed to provide visual interest, screen undesirable view and/or decrease noise.
BILLBOARD. An outdoor, off-site advertising sign with a sign area greater than 150 square feet.
BOARDING HOUSE. A dwelling unit where lodging with or without meals is provided for compensation and occupied by five or more adult individuals. (See FAMILY.)
BODY ART ESTABLISHMENT. A place or premises, whether public or private, temporary or permanent in nature or location, where the practice of body art, whether or not for profit, is performed according to the provisions of § 14.376 of this code.
BREWERY, CRAFT/MICRO. A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than .5% alcohol by volume, and which possesses the appropriate federal, state, and municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year.
BREWERY, REGIONAL/NATIONAL. A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than .5% alcohol by volume, and which possesses the appropriate federal, state, and municipal licenses and which produces more than 3,500 barrels of malt liquor in a calendar year.
BREWPUB. A brewer who conducts retail on-sale intoxicating liquor or 3.2% malt liquor transactions at a restaurant operated in the place where the brewer manufactures fewer than 3,500 barrels of malt liquor in a year, the entire production of which is solely for consumption on tap on the licensed premises or for off-sale from that licensed premises in 64-ounce containers commonly known as “growlers.”
BRICK. A unit of building material that is made of clay or shale and subjected to heat treatment at elevated temperatures through a firing process. BRICK used as an exterior wall surface finish must meet all of the requirements for anchored veneer as proscribed by the Uniform Building Code, current edition.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. BUILDING when used in this chapter includes “structure.”
BUILDING DIVISION DIRECTOR. Includes the head of the Building Division and his or her duly authorized agents and representatives in the Building Division of the city.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold or which occupies time, attention, labor and materials or where services are offered for compensation.
BUSINESS DEVELOPMENT. A tract of land which is developed as a unit under single or unified ownership or control, which generally includes two or more principal buildings or uses but may consist of one building, and which contains a minimum of 5,000 square feet and has a combination of principal and supportive uses:
(A) Which contains a number of retail and service businesses serving the general public; and
(B) Which is open to occupancy by competitive uses.
CALIPER. The diameter of a tree measured six inches above the ground for trees four inches in diameter or less and measured 12 inches above the ground for trees greater than four inches in diameter.
CAR CARE CENTER. A grouping of automotive service-related uses which have a common architectural theme and shared access and circulation. The center shall consist of three or more of the following: gasoline sales, lubricant sales and installation, car wash, sale of auto parts, installation of parts sold on the premises, minor automotive services such as tune-ups and repair and auto body estimating and repair (including painting) provided there be no exterior storage of damaged or inoperable vehicles or parts, or vehicles in the process of repair or painting and there be no discernible odors at the property line. However, machining of parts is not included.
CAR WASH. An establishment primarily engaged in cleaning or detailing of motor vehicles, whether self-service, automatic or by hand.
CARGO TRUCK. A truck whose design characteristics include a storage area in the form of an open, walled, or fenced bed, or of an enclosed box-like storage compartment, designed for the carrying of equipment or materials. The term is intended to include vehicles commonly referred to as flatbed trucks, stake trucks, box trucks, and straight trucks, but is not intended to include pickup trucks or vans.
CARPORT. A permanent covered structure, open on at least two sides, that provides shelter for one or more motor vehicles, trailers, recreational vehicles, storage or other personal property. CARPORTS are considered to be garages for the purpose of zoning regulations except that they do not satisfy single family and two family home enclosed parking space requirements. Lightweight, temporary, impermanent structures covered with metal, fabric, canvas, fiberglass or plastic and with metal, wood or plastic frames and poles, not designed to withstand significant wind or snow load, sometimes without footing or other approved anchoring systems, are considered to be tents or canopies rather than CARPORTS.
CATERING BUSINESS, MAJOR. A business that prepares food and/or beverages to be delivered off site for consumption with no on site retail sales other than operation of an affiliated mobile food unit. Incidental delivery of prepared individual meals in conjunction with on site food service is not considered a catering function.
CATERING BUSINESS, MINOR. A business that prepares food and/or beverages to be delivered off site for consumption in a manner that is secondary to and directly related to a permitted principal use, that does not exceed 25% of the total floor area of the related principal use, and that has no on site retail sales other than operation of an affiliated mobile food unit.
CEMETERY. An area used for the burial or entombment of one or more deceased persons, including graveyards, mausoleums and columbaria.
CLEAR VIEW TRIANGLE AREA. The triangular area to provide an unobstructed clear view to a height greater than three feet above the level of the center of the adjacent intersection or driveway within the triangle of land formed on the corner of the lot by measuring a distance of 15 feet along each lot line from the street - property line intersection or lot line and driveway.
COATING. Sealing, painting or staining with any liquid or viscous material in any manner of application that includes, but is not limited to, brushing, spraying or trowling, but does not include a fired glaze on a clay product or concrete masonry unit.
COCKTAIL ROOM. An area for the on-sale consumption of distilled spirits on the premises of or adjacent to the distillery where distilled liquor is produced. A COCKTAIL ROOM may also include sale for off-premises consumption of distilled spirits produced at the distillery, subject to M.S. § 340A.22, subd. 4 or its successor.
COIN SALES. Sales of stamped metal issued by a governmental authority as money, whether or not currently serving as legal tender. Coins may have a numismatic value or intrinsic value greater than their denominational value and may be made of precious metals, gold, silver or platinum. COIN SALES is considered a retail sales use unless the sales are taking place through the mail, telephone or similar method that does not involve over the counter sales, in which case it is considered an office use.
COLLEGE or UNIVERSITY. A college, community college or other post secondary educational facility primarily engaged in the education of students, which may include one or more of the following components: teaching and research facilities; educational classroom space; public assembly; child care facilities, student center; food service facilities; laundry services; library; administrative offices; and recreation facilities.
COLLEGE/UNIVERSITY COMPLEMENTARY MEDICAL OFFICE. Complementary medical office uses, affiliated with a college or university and its teaching mission, that do not exceed 20% of the total floor area of the building in which they are located.
COLLEGE/UNIVERSITY COMPLEMENTARY RETAIL. Complementary retail sales uses, affiliated with a college or university, that do not exceed 5% of the total floor area of the building in which they are located, or 5,000 square feet in floor area, whichever is less.
COLONY. An aggregate of bees consisting principally of workers, but typically having one queen and at times drones, brood, combs, and honey.
COLUMBARIUM (PLURAL COLUMBARIA OR COLUMBARIUMS). A place such as a vault for the respectful and usually public storage of cremated human remains within cinerary urns. COLUMBARIA are accessory to places of assembly for worship, cemeteries or mausoleums.
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 that are marketed to the general public.
COMMUNITY EDUCATION OR ARTS CENTER. An establishment operated by a non-profit organization or government agency primarily devoted to educational, recreational and cultural facilities, displays, meeting rooms, social service facilities and public health facilities, or any combination thereof.
COMMUNITY GARDEN. A garden intended to be used and maintained by neighborhood residents for the purpose of growing produce, plants and flowers and for the general aesthetic benefit to a community.
COMPREHENSIVE PLAN. The adopted citywide plan to guide development and infrastructure, set city policy and meet the requirements of the State Metropolitan Land Planning Act.
CONGREGATE LIVING FACILITY. A type of housing in which occupants share a common dining room, recreational room, food service or other facilities, including but not limited to boarding houses, lodging houses, assisted living facilities, shelters and convents. A CONGREGATE LIVING FACILITY does not include bed and breakfasts, resorts, vacation homes, crash pads, hostels, multiple-family dwellings, temporary pandemic response housing or other uses separately defined.
CONSERVATORY. A green house or other glazed structure or building containing an array of native and/or exotic species of plants, flowers and vegetation.
CONVENIENCE FACILITY WITH FUEL SALES. An establishment where the principal uses are: a) the sale of automobile engine fuel including gasoline, hydrogen, propane, natural gas, biodiesel, ethanol, electric charging, or any other automobile engine fuel stored only in underground tanks directly to the public on the premises; and b) the sale of household and convenience items, food or other miscellaneous retail goods. Accessory uses may include but are not limited to a car wash, air dispensing, minor vehicle repair, and similar services.
CONVENTION CENTER. A structure used or intended to be used primarily for entertainment events, expositions, meetings, conferences, seminars, and other gatherings. Typical components include convention and exhibit halls. CONVENTION CENTER may include accessory uses, including but not limited to meeting rooms, auditoriums, cafeterias, dining rooms, recreational uses, and support services designed to accommodate planned entertainment events, expositions, meetings, conferences, and seminars.
COTTAGE FOOD OPERATION. An individual person who prepares, at the person's residence, non-potentially hazardous food subject to requirements in M.S. § 28A.152, as it may be amended from time to time.
CULTURAL CAMPUS. An interrelated collection of at least three of the following uses on one site that assist in cultural development with no one use occupying more than 50 percent of the floor area within the cultural campus use: community center, arts center, office, place of assembly, event center, indoor recreation and entertainment, university, makerspace, business incubator with shops and production space, restaurant, library, museum, and social service distribution facility. A cultural campus use may cross property lines and include multiple buildings provided the properties are contiguous.
CURRENCY EXCHANGE BUSINESS. Any entity, except a bank, trust company, savings bank, savings and loan association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers’ checks for a fee. A person who provides these services incidental to the person’s primary business is not included in the definition if the charge for cashing a check or draft does not exceed $1 or 1% of the value of the check or draft, whichever is greater.
CUSTOMARILY INCIDENTAL FEATURE. A subordinate feature that clearly and customarily accompanies the principal building and is located on the same lot as the principal building including, but not limited to accessory buildings, swimming pools, off-street parking, gardens, clothes lines, tree houses and similar features.
DATA CENTER. A building or portion thereof where digital information is processed, transferred or stored, occupying 10,000 square feet or more, where the space is primarily occupied by computers, servers, telecommunications, and related equipment, including supporting equipment.
DAY CARE FACILITY. A facility primarily engaged in the temporary care of children or adults, usually while their primary caregivers are at work, including but not limited to day care centers, preschools, early childhood learning centers and related uses.
DEALER IN MOTOR VEHICLES. Any person engaged in the business of buying, selling, wholesaling, leasing, brokering, auctioning or displaying motor vehicles, new or used, as a principal business or occupation, or as an adjunct to any other business, occupation, profession, enterprise or employment.
DENSITY. The number of dwelling units on a site divided by the gross site area, including, at the option of the landowner, land donated for public right-of-way purposes.
DESIGNATED RESIDENTIAL PROPERTY. Any property within the city that is:
(A) Used residentially or subdivided for residential use;
(B) Zoned residentially; and
(C) Guided residentially by the Comprehensive Plan.
DEVELOPMENT REVIEW COMMITTEE. Those persons designated by the City Manager whose work on a day-to-day basis involves processing or review of development projects.
DISCOUNT STORES. Retail stores selling goods and services across the counter under the concept of discounting, usually well-known brands of merchandise at substantial discounts from customary or list prices.
DISPLAY BOX. A shallow, framed box structure containing a glass or glazed windowpane that is built into or attached to a building wall and intended to be used for visual displays.
DISPLAYS OF MERCHANDISE. An arrangement of consumer products, or a portable and secured bin, device, or equipment of less than 15 square feet offering a personal convenience, located outside the principal structure, that is established for the benefit of the owner, operator, customers, employees, visitors, or third-party beneficiaries of a commercial use.
DISTILLERY, MICRO. A facility that produces ethyl alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non- industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A DISTILLERY may include a cocktail room.
DISTRICT. Includes both primary and secondary zoning districts.
DISTRICT PLAN. An adopted plan focused on one or more sites within an area that is intended to guide development, land use, transportation, preservation and other factors over a number of years or in several phases for a specific area or district.
DORMITORY. A building providing sleeping and residential quarters for individuals or groups associated with a college, university, institution, or boarding school.
DRIVE THROUGH. An accessory feature of a facility designed to enable the occupants of motor vehicles to make purchases or transact business from their vehicle, including the stacking spaces in which vehicles wait. Examples include, but are not limited to, restaurant drive throughs, bank drive throughs, pharmacy drive throughs, film drops and related facilities.
DRIVE-IN RESTAURANT. Any establishment where food, frozen dessert or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
DRIVEWAY. A private drive to an off-street destination such as a garage or parking lot providing access for motor vehicles from a public way or driveway approach. A DRIVEWAY does not include off-drive parking or turnaround area.
DRIVEWAY APPROACH. An area between the curb or pavement edge of a public street and the private property line intended to provide access for vehicles from a roadway or a public street to a driveway on private property.
DWELLING. One or more rooms designed for residential use by a single family that contain cooking, living, sanitary and sleeping facilities and that are physically separated from any other dwelling units in the same structure. Types of DWELLINGS are as follows.
(A) DWELLING, SINGLE-FAMILY. A building designed or used for residential occupancy by one family with or without an approved accessory dwelling unit.
(B) DWELLING, ACCESSORY. A secondary dwelling unit, but not a manufactured home built on a permanent chassis, located on the same lot as a single-family dwelling unit, either physically attached to, within, or detached from the single-family dwelling unit. Accessory dwelling units must be developed in accordance with the standards set forth in § 21.302.03.
(C) DWELLING, TWO-FAMILY. A building designed or used for residential occupancy by two families in separate dwelling units fully separated by an unpierced wall extending from ground to roof for a minimum of 10 feet, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, including both duplexes and double bungalows but not including accessory dwelling units.
(D) DWELLING, MULTIPLE-FAMILY. A building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units.
(E) TOWNHOUSE/ROWHOUSE. A building or group of buildings that include three or more dwelling units on a site where the dwelling units are configured in a side by side fashion and share at least one common wall but are not vertically stacked.
DWELLING FOR WATCHMAN. One or more rooms, designed, occupied or intended for occupancy by one or two employees as a separate living quarter, and is intended to be accessory to an approved primary use.
DWELLING UNIT. One or more rooms designed for residential use by a single family that contain cooking, living, sanitary and sleeping facilities and that are physically separated from any other dwelling units in the same structure.
EAW or ENVIRONMENTAL ASSESSMENT WORKSHEET. A brief document designed to assess the environmental effects and set out the basic facts necessary to determine whether an EIS is required for a proposed project or to initiate the scoping process for an EIS.
EIS or ENVIRONMENTAL IMPACT STATEMENT. A detailed written statement as required by M.S. § 116D.04, subd. 2a used to evaluate proposed projects which have the potential for significant environmental effects.
ELECTRIC VEHICLE. Any vehicle that operates either partially or exclusively on electrical energy from an off-board source that is stored on board.
ELECTRIC VEHICLE CHARGER. Battery charging equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
ELECTRIC VEHICLE CHARGER - PRIVATE USE. An electric vehicle charger that is privately owned with restricted access to the public (single family homes, fleet parking, and assigned parking at multi- family residential buildings).
ELECTRIC VEHICLE CHARGER - PUBLIC USE. An electric vehicle charger that is publicly owned and publicly available or privately owned and available to visitors of the use.
ELECTRIC VEHICLE CHARGING LEVEL. The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged as follows:
(A) Level 1 is considered slow charging with 120v outlets.
(B) Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit.
(C) Level 3 is considered fast or rapid charging. Voltage is greater than 240v outlets.
ELECTRIC VEHICLE SUPPLY EQUIPMENT. Any equipment or electric component used in charging electric vehicles at a specific location.
ENTERTAINMENT AND RECREATION SPECIAL EVENTS. Public or private events for promotional, charitable or entertainment purposes, including, but not limited to: circuses, fairs, rodeos, marathons, bike races and athletic events including those that utilize public property, public streets or public right-of-way; performers, entertainers, religious workers and the like who perform shows or hold gatherings. Events may require use of an indoor or outdoor area such as an arena, amphitheater, convention center or recreation field and may include temporary structures such as tents, stages, fencing and signs.
EQB or ENVIRONMENTAL QUALITY BOARD. Formed by M.S. Chapter 116C, the Minnesota Environmental Quality Board (EQB), is composed of state agency leaders and citizens from around the state for the purpose of providing leadership and coordination on environmental issues. The EQB functions as the coordinating body for Minnesota's Environmental Review Program.
EQUIVALENT. For the purpose of § 19.63.08 of this code, an equivalent exterior wall finish material shall mean comparable to the listed materials in terms of strength, durability, quality of finish, structure integrity and safety, level of required maintenance and longevity.
EXPANSION OF CONFORMING USES. Includes:
(A) An increase in structure dimension(s), size, area, volume, height, width, number of units and/or the land area of use;
(B) Placement of a structure or part thereof where none existed before; or
(C) An increase in intensity of use as compared to the original nature, function or purpose of the conformity.
EXTERIOR INSULATION FINISH SYSTEM (EIFS). A nonbearing exterior wall cladding system which is applied to a solid substrate or framing and includes a fastening system, insulation board, base coat, nonmetallic reinforcing fabric and a finish coat. The fastening system may be an adhesive, a mechanical fastener or a combination thereof. The system may also include primers, sealers and accessories such as trim, corner beads, stops or metal lath.
EXTERMINATING SHOP. A retail enterprise primarily engaged in the disposal of unwanted pests such as mice, cockroaches and other insects from homes and other places of business for compensation. Such a business may include incidental storage and handling of toxic and noxious materials, but is not a warehouse enterprise.
FAMILY. One or more persons related by blood, marriage or adoption, including foster children and domestic partners and civil unions recognized under Minnesota law, or a group of not more than four persons (excluding personal care attendants, in accordance with Minnesota Rules Rule 9505.0335), occupying a dwelling unit. This definition of family includes a functional household as defined in § 14.568 of the city code, as well as those persons renting rooms. (See BOARDING HOUSE.)
FAMILY DAY SHELTER, UNLICENSED. A facility operated on property owned by a place of assembly for worship which provides temporary shelter for a family or families who are being assisted in finding permanent housing and/or employment and is not licensed by a federal, state or local governmental entity.
FARMERS MARKET. An association of two or more market vendors along with other vendors allowed by the City Code who assemble at a defined location primarily for the purpose of selling directly to the consumer the products of a farm or garden occupied and cultivated or raised by the person selling the product.
FENCE. An artificially constructed barrier enclosing, separating or screening areas of land, serving as a boundary, a means of protection, a buffer, a decorative element, a means of visually modifying the view, and/or for confinement. Except where otherwise required in this code, regulations governing the height, location and opacity of fences apply to walls used in lieu of a FENCE or in combination with a FENCE.
FINANCIAL INSTITUTIONS, LIMITED. Accessory retail financial institutions not to exceed 10% of the total related non-retail financial institution office space within the structure and without drive-through facilities, exterior banking services (ATM), and not to exceed two teller stations.
FIREARM. A device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion, as defined in M.S. § 609.666.
FIREARM MANUFACTURING, WAREHOUSING, OR DISTRIBUTION. An establishment engaged in the manufacture, warehousing, or distribution of firearm(s) or ammunition with no on-site retail sales, display, lease, trade, or other transfer of firearm(s) or ammunition.
FIREARM OFFICE. A temporary or permanent establishment facilitating the sale, lease, trade, or transfer of firearm(s) services with no on-site retail sales, display or inventory.
FIRING RANGE. A specialized facility designed for firearm(s) shooting practice with no retail sales, display, lease, trade, service, or other transfer of firearm(s), ammunition, or firearm(s) accessories.
FIREARM SALES, INCIDENTAL. A permanent establishment where the primary use is the retail sale of non-firearm items and where no more than 15 percent of the tenant’s gross floor area is devoted to display and storage of firearm(s) and ammunition.
FIREARM SALES, PRIMARY. A temporary or permanent establishment for the retail sale, lease, trade, service, or other transfer of firearm(s), ammunition, or firearm(s) accessories where more than 15 percent of the tenant’s gross floor area is devoted to display and storage of firearm(s) and ammunition for permanent establishments or any floor area is devoted to display or storage of firearms for temporary establishments.
FISH HOUSE. A detached, portable accessory building which is used for the purpose of shelter while fishing during the winter months, and which is not used or designed for use as an accessory building or storage shed.
FLOOR AREA. The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings exclusive of cellars or basements, except as to single-family residences as provided in subsection(E) below of this definition, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, FLOOR AREA shall include:
(A) Elevator shafts and stairwells at each floor;
(B) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed located on the roof, i.e., bulk heads, water tanks and cooling towers;
(C) Interior balconies and mezzanines;
(D) Forty percent of porch or breezeway when the porch or breezeway is completely enclosed; and
(E) For single-family residences, the
FLOOR AREA shall be the sum of the enclosed, finished horizontal areas which are at or above grade. In addition, the FLOOR AREA may include 50% of all other enclosed areas, including that portion of the building below grade, which are capable of being finished in accordance with the requirements of Chapter 15 of this code at the time of the issuance of the original building permit; however, garages, porches or breezeways may not be included in calculating required FLOOR AREA.
FLOOR AREA RATIO. The floor area of a building or buildings on a site, exclusive of parking structures, divided by the gross site area, including, at the option of the land owner, land donated for public right-of-way purposes.
FOOD SERVICE, PRIVATE. A facility not commonly used by the general public and accessory to office buildings, schools, manufacturing plants, charitable organizations and the like, containing a common dining area, equipment and supplies for the commercial preparation and serving of food.
FOOT CANDLE. The international unit of illumination produced on a surface.
FUEL PUMP, PRIVATE. A device used for the dispensing of fuel for motor vehicles that is not open to the public.
FUNERAL HOMES, MORTUARIES AND CREMATORIES. An establishment engaged in undertaking services such as preparing the human deceased for burial and arranging and managing funerals, including mortuaries and crematoria.
GARAGE, PRIVATE. A building or portion of a building used by the tenants of the building or buildings on the premises which is designed primarily for the storage of motor vehicles including, but not limited to, automobiles, trucks, motorcycles and mopeds and has a finished opening greater than 6 feet in width. A carport is considered to be a garage for the purpose of zoning regulations.
GARAGE, WIDTH. The linear width of the garage along the widest facade that includes garage doors measured from the outer edge of the garage wall to the outer edge of the opposite garage wall. For the purposes of determining driveway width in § 21.301.06 of this code, GARAGE WIDTH may not exceed the cumulative width of the garage doors on the measured facade plus ten feet.
GAZEBO. A detached accessory building which is used for the social or recreational shelter of persons and is not used as living quarters.
GLARE. The effect produced by the intensity and direction of any artificial illumination sufficient to cause annoyance, discomfort or temporary loss or impairment of vision.
GLAZE.
a) A finish for clay products made by firing a coating compound that consists of clay, silica, barium carbonate, calcium carbonate and zinc, or from premixed ceramic frit which are blended in a flux to promote fusion and may include other ingredients for color and texture. The resulting finish may be matte or glossy, textured or smooth, clear or opaque, or colored and is an integral part of the clay unit.
b) A thermosetting glazing compound consisting basically of a silica and bonding resin slurry, to which other ingredients may be added for color, that is permanently molded to one or more faces of a concrete masonry unit on an individual unit basis by curing and heat treatment in a gas-fired tunnel kiln or comparable method to become an integral part of the unit.
GOVERNMENT FACILITIES, GENERAL. A building or site occupied by a public agency or agencies that provides non-residential services to the general public, with the exception of limited government facilities that are defined separately in the code.
GOVERNMENT FACILITIES, LIMITED. Government facilities that involve activities of an industrial nature including, but not limited to, warehousing, open storage, recycling and manufacturing.
GRAFFITI-RESISTANT COATING. May be either permanent or sacrificial and shall be restricted to a clear coating certified for that purpose which is resistant to weathering, is UV stable, does not change the appearance of the exterior wall finish material, shall have no effect on the substrate, caulking or sealant material, and has a performance guarantee.
GROCERY STORE. A retail establishment that offers for sale food products, beverages, household items and may include pharmacy, and prepared food items.
GROSS SITE AREA. The land area of a site, including land donated for public right-of-way purposes.
GROUP FAMILY DAY CARE. Care for no more than 14 children at any one time, in the residence of the caregiver. The total number of children includes all children of any caregiver when the children are present in the dwelling unit.
GROUP HOME. A residential treatment facility for six or fewer persons that is licensed by the state as residential facility or registered with the state as a housing with services establishment and permitted as a single-family use pursuant to M.S. § 462.357, as it may be amended or recodified from time to time.
GROWING SEASON EXTENDER. Temporary devices such as hoop houses, cold frames, and the like, that are intended to extend a garden’s growing season.
HEALTH CLUB. A facility, for profit or nonprofit, where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise, including, but not limited to, swimming, court games, martial arts, aerobics, jogging and muscular exercise programs which may or may not include accessory components such as therapeutic massage, tanning, saunas, whirlpools, locker rooms and related activities.
HELISTOP. An identifiable landing area for discharging and picking up passengers and goods by helicopter or similar vertical lift aircraft. A HELISTOP does not include refueling or servicing of aircraft, or permanent facilities such as terminals, hangars, warehousing or storage.
HOME BUSINESS. Any gainful occupation or profession compensated in monetary payment or in kind, conducted within a dwelling unit on the premises by an occupant of the dwelling unit as a use that is clearly incidental to the use of the primary dwelling unit for residential purposes.
HOSPITAL. An institution that offers health care services facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy. HOSPITALS may include offices for medical and dental personnel, central facilities such as pharmacies, medical laboratories and other related uses.
HOTEL AIRPORT PARKING. Parking accessory to a hotel for the use of hotel guests to park or store motor vehicles for up to seven days while out of town provided such parking is in addition to the parking spaces required by this code for the hotel and its accessory uses and provided the parking does not exceed one space per ten hotel rooms.
HOTEL MANAGER DWELLING UNIT. A room within a hotel designed for residential use by the manager of the same hotel that contains cooking, living, sanitary, and sleeping facilities.
HOTEL OR MOTEL. Any building or combination of buildings containing six or more rooms used for sleeping purposes by guests in which a person or persons pay for occupancy, possession or tenancy of the property and where the actual term of occupancy, possession or tenancy of the property pursuant to that lease, license or other agreement is less than 30 consecutive calendar days. A HOTEL OR MOTEL does not include bed and breakfasts, resorts, vacation homes, crash pads, hostels, congregate living facilities, multiple-family dwellings, shelters, temporary pandemic response housing or other uses separately defined.
HOUSEHOLD HAZARDOUS WASTE. Waste generated from household activity that exhibits the characteristics of or that is listed as hazardous waste under Minnesota Rules Chapter 7045, but does not include waste from commercial activities that is generated, stored or present in a household. HOUSEHOLD HAZARDOUS WASTE MATERIALS include, but are not limited to, caustics, flammables, oxidizers, poisons, irritants and corrosives.
ILLUMINANCE. The amount of light energy reaching a given point on a defined surface. Common units of measurement for ILLUMINANCE are lux or foot candles.
ILLUMINATION. A deliberate use of light to achieve a practical or aesthetic effect on a surface or object.
IMPERVIOUS SURFACE. Any material which prevents absorption of storm water into the soil.
INITIAL LIGHT OUTPUT (OF A DISCHARGE LAMP). The total luminous flux emitted by a lamp after 100 hours of operation.
INSTITUTIONAL USES. Land uses that serve a community’s social, educational, health, cultural and recreational needs. Uses include, but are not limited to schools, colleges, day care facilities, libraries, places of assembly, switching stations, funeral homes, nursing homes, monasteries, fire stations, assisted living facilities and community centers.
INSTRUCTIONAL CENTER. An educational oriented establishment offering scheduled instruction or tutoring in academic, professional, technical, commercial or trade skills, including, but not limited to, business, real estate, building and construction, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction.
INTEGRAL COLOR. Color that is intended to be of uniform composition throughout the entire depth of the material or is a fired glaze on a clay product or a cement masonry unit and is not a surface skin application of a liquid or viscous material coating.
INTEGRATED FUEL SALES AND CAR WASH. Fuel sales (including the sale of gasoline, hydrogen, propane, natural gas, biodiesel, ethanol, electric charging, or any other automobile engine fuel) and/or car wash physically integrated with and fully within a structured parking facility.
INTEGRATED ROADSIDE DEVELOPMENT. A planned development including at least two of the following primary uses: restaurant, motel and convenience facility with fuel sales, and located within a reasonable distance of a freeway.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
ISSUING AUTHORITY. The City Manager or designated representative.
JUNK YARD. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, parked, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
LABORATORY, MEDICAL OR DENTAL. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth and orthodontic appliances to order for the dental profession.
LAKESCAPING. An unmowed strip of vegetation, emphasizing native wildflowers, grasses, sedges, shrubs and trees, extending inland from the shoreline of a pond, stream, wetland or lake for at least ten feet, maintained in a natural state for the purpose of minimizing shoreline erosion, improving water quality and promoting wildlife habitats.
LANDSCAPE EDGING. A material, typically set flush with the ground, used to differentiate a planting bed from turf or adjacent planting beds.
LANDSCAPE PLAN. An integrated set of documents that may consist of both drawn and written materials whose purpose is to identify, for a proposed development, the means of compliance with the landscaping, screening and site stabilization standards of the city code.
LANDSCAPING. Trees, lawns, plants and other natural and decorative site features including earth contouring, mounding and berms.
LIBRARY. A facility housing a collection of books, magazines or other material, that are generally loaned to the general public.
LIMITED USE. A subordinate use that does not constitute more than 25% of the total floor area in a building.
LOADING SPACE. A space accessible from a street, alley or way, in a building or in a lot, for the use of trucks while loading or unloading merchandise or materials.
LONG GRASS. Any grass that can reach a blade, stem or seed head height or length of at least one foot as part of its intended normal growth and use and is not developed, sold or intended to be used as a grain or as a manicured or semi-manicured lawn grass or ground cover that is normally intended to be maintained at a lower height by regular cutting.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as an individual unit for the purpose, either immediate or future, of transfer of ownership, or possession or for development.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines measured within the lot boundaries.
LOT CORNER. A lot at the junction of and abutting on two or more intersecting streets, or at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and rear lot line of a lot measured within the lot boundaries.
LOT INTERIOR. A lot other than a corner lot.
LOT LINE. A property boundary line of any lot held in single or separate ownership, except that, where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line.
LOT LINE, FRONT. That boundary of a lot which is along an existing or dedicated street. The owner of a corner lot may select either street lot line as the FRONT LOT LINE.
LOT LINE, REAR. That boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the REAR LOT LINE is less than ten feet in length or if the lot forms a point at the rear, the REAR LOT LINE shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT, PLATTED. A parcel of land described in whole by a numbered lot and block of a plat, tract of a registered land survey (RLS) or lot of an Auditor’s subdivision. The term PLATTED LOT does not include outlots of a plat or portions of a numbered lot and block of a plat, tract of an RLS or lot of an Auditor’s subdivision. Examples of a PLATTED LOT are: Lot 1 Block 1 ABC Addition, Tract A RLS No. 123 and Lot 12, Auditor’s Subdivision No. 456. Examples of parcels that are not considered PLATTED LOTS are: the north half of Lot 1 Block 1 ABC Addition, east quarter of Tract A, RLS No. 123 and south half of Lot 12, Auditor’s Subdivision No. 456.
LOT, THROUGH. A lot, other than a corner lot, having frontage on two public streets or highways.
LOT OR SITE WIDTH. The distance between the side lot or site lines of a lot or site measured, unless otherwise specified, along the shortest straight line that both: a) touches the minimum required front setback line; and b) at no point is closer to the front line than the minimum required front setback line.
LOW IMPACT, HIGH TECHNOLOGY MANUFACTURING. An establishment engaged in the manufacture or assembly of high value added technology products in a manner that does not create negative impacts on surrounding uses due to odors, smoke, dust, noise, vibration or other factors. Examples of high technology manufacturing that may also be low impact include, but are not limited to, the manufacture or assembly of computer components and medical devices.
LUMINANCE. A measure of light intensity per unit of area in a given direction. A description of the amount of light that passes through or is emitted from a particular area. Common units of measurement for luminance is a nit (candela per square meter).
MACHINERY AND EQUIPMENT REPAIR, HEAVY. The repair, servicing, maintenance, and reconstruction of machinery and equipment typically utilized by manufacturing and industrial establishments including: tool repair services, machine shops, welding shops, and other repair services similar in nature to those above.
MACHINERY AND EQUIPMENT REPAIR, LIGHT. The repair, servicing, maintenance, and reconstruction of equipment and appliances typically utilized by individuals and small businesses and offices including: furniture and upholstery repair, home appliances, electronics, precision equipment, jewelry and watches, shoes and other leather goods, lawn and garden equipment, and other repair services that are similar in nature to those above.
MAJOR COMMERCIAL GOLF FACILITY. A combined indoor and outdoor recreational golf driving range, not adjacent to a golf course, which may include associated uses such as a restaurant with or without entertainment, arcade, meeting facilities and ancillary sales of goods and services.
MAKERSPACE. A facility where shared manufacturing tools, such as 3-D printers, laser cutters, and hand tools and machines are used for the invention, fabrication, and storage of physical products, not for mass production. May include membership fees and be used incidentally as an instructional center.
MANDATORY ENVIRONMENTAL REVIEW. A formal review and assessment of the potential environmental impacts of a development project that meets mandatory thresholds for review pursuant to M.S. Chapter 116D and Minnesota Administrative Rules, Chapter 4410, Environmental Review. Mandatory environmental reviews are subject to the requirements in Chapter 21, Article V, Division F: Environmental Review.
MANUFACTURED HOME. Synonymous with mobile home, a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. This term also includes any transportable structure which meets all the requirements of state and federal law and with respect to which the manufacturer has filed a certification with the state and has received the certification seal displayed on the structure. This may include transportable structures such as for an office or school space. It does not refer to recreational vehicles which are defined elsewhere in § 21.301.13 of this code.
MANUFACTURED HOME PARK. Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.
MANUFACTURING/INDUSTRIAL, GENERAL. An establishment engaged in the manufacture of products or parts, predominately using previously prepared material, including processing, fabrication, assembly, treatments and packaging of such products, and the incidental storage, sales and distribution of such products.
MARINA. A place located on or immediately adjacent to a body of water where boats and other watercraft are kept, moored or stored for a consideration, and may include facilities for servicing, repairing, renting or selling watercraft and watercraft equipment or accessories.
MEDICAL MARIJUANA. Any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins and is delivered in the form of (1) liquid, but not limited to oil; (2) pill; (3) vaporized delivery method with use of liquid or oil, but which does not require the use of dried leaves or plant form that has been approved the Commissioner of the Minnesota Department of Health under M.S. § 152.25, as it may be amended from time to time.
MEDICAL MARIJUANA DISTRIBUTION FACILITY. An establishment engaged in the sale of medical marijuana that is validly registered and approved by the State of Minnesota.
MENU BOARD. A sign installed at drive through facilities listing the products available for purchase by customers.
METAL. Any class of chemical elements, as gold, silver, copper, iron or aluminum, characterized by ductility, malleability, luster and conductivity of heat and electricity, or alloys of such elements, as brass or bronze.
MITIGATION. Mitigation includes:
(a) Avoiding impacts altogether by not undertaking a certain project or parts of a projects;
(b) Minimizing impacts by limiting the degree of magnitude of a project;
(c) Rectifying impacts by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating impacts over time by preservation and maintenance operations during the life of the project;
(e) Compensating for impacts by replacing or providing substitute resources or environments; or
(f) Reducing or avoiding impacts by implementation of pollution prevention measures.
MIXED MUNICIPAL SOLID WASTE. Garbage, refuse and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil and other materials collected, processed and disposed of as separate waste streams.
MIXED-USE CENTER. A grouping of three or more different uses that have a commons as their central organizing feature and which may be developed in stages. The commons may be a combination of indoor and outdoor spaces on one or more levels which serve as a public access and plaza, restricted to pedestrian circulation, providing access to all uses in a mixed-use center.
MOBILE FOOD UNIT. A food establishment that is a vehicle mounted unit, either:
(1) Motorized or trailered, operating no more than 21 days annually at any one place, or operating more than 21 days annually at any one site with the approval of the health authority; or
(2) Operated in conjunction with a permanent food establishment licensed under city code § 14.446 at the site of the permanent food establishment by the same individual or company, and readily movable, without disassembly, for transport to another location.
MOBILE HOMES. See MANUFACTURED HOME.
MOTOR VEHICLE. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, wagons and snowmobiles.
MOTOR VEHICLE PARKING LOT. An approved off-street, ground level area, usually surfaced and improved, designed and intended for vehicular access to and from a parking area accessory and contiguous to adjacent uses, and for parking of motor vehicles limited to a maximum of 48 hours.
MOTOR VEHICLE SALES. Other than the occasional sale of motor vehicles by a private owner upon his or her own property in a residential district, MOTOR VEHICLE SALES consists of the buying, selling, leasing, wholesaling, brokering, auctioning or displaying any new, used, secondhand or junked motor vehicles, subject to the provisions of § 19.26(d)(1).
MOTOR VEHICLE SALES, CLASS I. The sale and service of new motor vehicles obtained directly from the manufacturer.
MOTOR VEHICLE SALES, CLASS II. The sale of used motor vehicles displayed on the premises, and taken in trade as part of the sale of a new or used motor vehicle or purchased or recovered from another dealer, leasing or rental business, or private individual, and where the primary purpose of the business is the sale of such used motor vehicles.
MOTOR VEHICLE SALES, CLASS III. The sale of used motor vehicles which are stored and displayed on the premises of a business whose primary activity is other than the acquisition of such vehicles for sale, resale, rental or leasing and in a location on the property which does not occupy parking spaces otherwise required to meet the requirements of this code.
MOTOR VEHICLE SALES, CLASS IV. The sale, brokering, lease or rental of new or used motor vehicles where no such vehicles for sale, resale, rental or leasing are stored or displayed on the premises of the business. CLASS IV MOTOR VEHICLE SALES shall be considered permitted uses in all zoning districts where offices and office uses are permitted.
MOTOR VEHICLE SALES, ENCLOSED. The sale, brokering or lease of new or used motor vehicles where all vehicles for sale, resale or lease are stored and displayed entirely within a completely enclosed building on the premises of the business, including the storage and display of up to 30 motor vehicles within a parking structure and accessory to an enclosed motor vehicle sales facility. The use may also include minor vehicle repair in up to six service bays fully screened from view of any public street. All component uses require parking in accordance with § 21.301.06(d).
MOTOR VEHICLE SALES, HIGH DENSITY. The sale, brokering, or lease of new or used motor vehicles in a multi-level, fully enclosed structure(s) on a site with a floor area ratio of 0.6 or higher where vehicles for sale, resale, or lease are stored and displayed within a completely enclosed building on the premises of the business, except for up to 30 motor vehicles that may be stored or displayed outdoors. The use may also include minor vehicle repair limited to 25% of total floor area. No more than three overhead service doors may be visible from a public street, with no more than two overhead service doors within 50 feet of each other. All component uses require parking in accordance with § 21.301.06(d).
MOVED. The act of permanently establishing a structure upon a portion of land after removing same from another part of the same or a different lot, tract or parcel of land.
MULCH. A protective covering of materials placed around plants to control weeds and moderate evaporation of moisture or freezing. Examples of mulch include organic mulch such as wood chips, shredded hardwood and cocoa beans and inorganic mulch such as stones or rocks. Materials creating an impermeable cover shall not be considered MULCH.
MURAL. A hand produced or machined visual graphic applied or affixed to the exterior surface of a building or structure through the application of paint, canvas, tile, metal panels, applied sheet graphic, or other medium. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan is considered a sign. Uniform painting or coating of an exterior building surface does not constitute a mural. A mural is separate and distinct from graffiti, which is defined in § 12.72 of this city code.
MUSEUM. A museum or similar use which has as its primary purpose the collection, display or preservation of objects of community or cultural interest in one or more of the arts or sciences.
NATIVE PRAIRIE. An area of landscaping containing a diversity of native flora species in associations typical of presettlement ecosystems.
NIT. A unit brightness equal to one candle per square meter, measured perpendicular to the rays of the light source.
NURSING HOME/ADULT CARE HOME. A residential facility licensed by the State Department of Health (DOH) where individualized home care aide services or home management services are provided to residents either by the management or by providers under contract with the management; a facility for aged, chronically ill or incurable persons licensed by the State Department of Health providing nursing care and related medical services.
OFF-DRIVE PARKING AREA. An off-street area connected to a driveway intended for the parking of vehicles.
OFF-DRIVE TURNAROUND AREA (HAMMERHEAD). An off-street area connected to a driveway intended to allow vehicles to turn around on-site and exit on to roadways in a forward facing position.
OFFICE, GENERAL. An establishment providing executive, management, administrative or professional services, but not involving office/warehouse use, medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, government, design, engineering, accounting and similar office uses.
OFFICE, HIGH INTENSITY/CALL CENTERS AND TELEMARKETING. An office use with a high level of employment per square foot of floor area, characterized by eight or more employees per 1,000 square feet of gross floor area.
OFFICE, MEDICAL OR DENTAL. An establishment principally engaged in providing therapeutic, preventative, corrective, healing and health-building treatment services on an outpatient basis by physicians, dentists and other practitioners. Typical uses include medical, chiropractic and dental offices and clinics.
OUTLOT. A parcel of land described by reference to a lettered outlot of a plat, which is intended for open space, right-of-way, drainage, holding or other purpose, for which no private development is presently intended.
PAINTLESS DENT REPAIR/REMOVAL. A branch of auto body repair, dealing with the removal of minor pressure blemishes to metal, through a series of pushes to the backside of the damaged area, which may include the removal of interior panels to gain access to the damaged area, replacement of minor chrome molding or appliques, or paint application with use of a small brush or sponge tool.
PARCEL. A unit of land described by lot and block, by outlot designation, by tract designation in a registered land survey, or by other legal descriptions.
PARKED VEHICLE. Unattended vehicle stopped without its engine running not actively engaged in the receipt or discharge of passengers or goods.
PARKING ISLAND. Raised or depressed non-traffic areas in off-street parking lots, the placement of which is intended to improve safety and an orderly flow of traffic in the parking lot. PARKING ISLANDS in surface parking lots may often contain landscape plantings which also serve to visually break up large expanses of asphalt.
PARKING OF VEHICLES OFF-STREET. The temporary placement of motor vehicles for a period of less than 48 hours.
PARKING REDUCTION FLEXIBILITY MEASURES. Methods, agreements and strategies by which a property owner may achieve a reduction the required number of constructed parking spaces for off-street parking associated with a land use.
PARKING STRUCTURES. A structure or portion of a structure composed of one or more levels or floors used exclusively for the parking of vehicles and which may be totally below grade (as in an underground garage) or either partially or totally above grade with those levels being either open or enclosed. A PARKING GARAGE STRUCTURE is deemed an underground garage for the level(s) of parking which are fully below grade and are unexposed except for entrance and exit points.
PARKS, PRIVATE OR COMMERCIAL. An area with one or more elements of passive or active recreation such as sport courts and fields, indoor or outdoor golfing, children’s play structures, walking or biking trails, natural features and the like, which are owned by or leased to private individuals or businesses, which are made available to groups beyond the private owners via rent or admission fees and which may be fee based. Privately owned property serving as public parkland via agreement does not qualify as a PRIVATE OR COMMERCIAL PARK when leased according to public park leasing policies.
PARKS, PUBLIC. An area with one or more elements of passive or active recreation such as court sports, children’s play structures, walking or biking trails, natural features and the like which is open to the public.
PAWN SHOP. Any business establishment operated by a pawnbroker as defined in Chapter 14 of this code, in which pawn transactions take place.
PET SERVICES FACILITY. A business establishment that provides any of the following services or retail activity either individually or in combination, for pets and domestic animals as defined in § 12.91: animal sales, veterinary care, animal hospital, short-term daily care, training classes, boarding and grooming.
PLACE OF ASSEMBLY. A facility providing for the assembly of persons for interaction as a primary use, including community centers, and religious institutions, also referred to as PLACE(S) OF ASSEMBLY FOR WORSHIP. PLACE(S) OF ASSEMBLY do not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities which fall under separate definitions in this code.
PLANNED DEVELOPMENT. A development within the Planned Development Overlay Zoning District approved through the preliminary development plan and final development plan application processes.
PLANT NURSERIES AND GREENHOUSES. A place where plants are propagated and grown to usable size. They include retail nurseries that sell to the general public, wholesale nurseries that sell only to businesses such as other nurseries and to commercial gardeners, and private nurseries that supply the needs of institutions or private estates where they are located.
PLANTING BED. A designed area including, but not limited to, trees, shrubs, perennials and ground covers that is typically defined by landscape edging along turf boundaries and has a mulched surface.
PORTE COCHERE. A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles.
PRECIOUS GEM SALES. Sales of any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other precious gems or stones, whether as a separate item or in combination as a piece of jewelry or other crafted item. PRECIOUS GEM SALES is considered a retail sales use unless the sales are taking place through the mail, telephone or similar method that does not involve over the counter sales, in which case it is considered an office use.
PRECIOUS METAL SALES. Sales of silver, gold, platinum and sterling silver, whether as a separate item or in combination, as a piece of jewelry or other crafted item, except items plated with precious metal or metals and the plating equals less than 1% of the item’s total weight. PRECIOUS METAL SALES is considered a retail sales use unless the sales are taking place through the mail, telephone or similar method that does not involve over the counter sales, in which case it is considered an office use.
PRIMARY ZONING DISTRICT. Established to protect the public health, safety and welfare by designating specific areas for uses of similar characteristics and requirements. In these districts, further regulations are established which are designed to protect the public well-being by regulating the location and extent of land utilization.
PRINCIPAL BUILDING. A building, or combination of buildings, which contains the primary use of the site.
PRINTING and PUBLISHING. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals, and include “quick printing” services or desktop publishing.
PRODUCT DESIGN, DEVELOPMENT AND TESTING. The indoor design, development and/or testing of products in an office and/or laboratory environment without manufacturing.
PROPERTY OWNER. The legal owner of the property as officially recorded by the county.
PROTECTED RESIDENTIAL PROPERTY. Any property within the city that is:
(A) Used or subdivided for single-family, two-family, townhome or rowhome residential uses;
(B) Zoned residentially; and
(C) Guided residentially by the Comprehensive Plan.
PUBLIC ART. Any visual work of art, accessible to public view, including, but not limited to, sculptures, statues, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics, and which does not contain advertising.
PUBLIC GOVERNMENT USE. A use approved by a local government council or board, which was elected by the citizens in and of which had local taxing authority.
PUBLIC RIGHT-OF-WAY. The planned right-of-way for a public street in accordance with the most recently adopted Master Street Plan of the city.
PUBLIC UTILITY. Persons, corporations or governments supplying gas, electric, transportation, water, sewer or land line telephone service to the general public. For the purpose of this chapter, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.
PUBLIC UTILITY FACILITY, GENERAL. Facilities that support the provision of public utilities, including, but not limited to, water, sanitary sewer, storm sewer, telephone and electric facilities, with the exception of those utility facilities that are defined separately in this code.
PUBLIC UTILITY FACILITY, LIMITED. Electric generation plants, electric switching facilities and substations, electric transmission lines and above ground pipelines.
RAILROAD LINE. All railroad track, including, but not limited to, spur track, industrial track, team track, switching track and siding track.
RAIN GARDENS. Depressed areas in the landscape with perennial native plant materials designed to provide natural filtration of runoff.
RECREATION AND ENTERTAINMENT, INDOOR. An establishment that offers recreation and entertainment activities, for-profit or nonprofit, to the general public within an enclosed building. Typical uses include theaters, movie theaters, bowling alleys, skating rinks, game arcades, dance studios and the like.
RECREATION AND ENTERTAINMENT, OUTDOOR. An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open. Typical uses include archery range, golf driving ranges and miniature golf course and other types of recreation and entertainment not otherwise defined.
RECREATION FACILITY. A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities.
RECREATION FACILITY, COMMERCIAL. A recreation facility operated as a business and open to the public for a fee.
RECREATIONAL COURT (SPORTS COURT). Permanent or seasonal outdoor facility predominantly used for sports, including tennis and basketball courts.
RECYCLING COLLECTION FACILITY. A use performed in a fully enclosed building where scrap or salvage materials are shredded, milled, crushed, ground, bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, bottles, plastics and aluminum cans. A RECYCLING FACILITY may not include automobile wrecking or dismantling.
REMOTE AIRPORT PARKING. Off-site or remote parking and storage of motor vehicles for patrons of the Minneapolis/St. Paul International Airport, which may or may not include shuttles to relay passengers between the off-site parking and the airport terminals.
RESEARCH LABORATORY. An establishment in which scientific research, investigation, testing or experimentation is conducted, but not including facilities for the manufacture of products except as incidental to the research purpose of the laboratory.
RESIDENTIAL CARE FACILITY. A facility that provides custodial care to persons who, because of physical, mental, or emotional disorders, are not able to live independently.
RESTAURANT AND CLUB. An establishment engaged in the preparation and on-site retail sale of readily consumable food and beverages, and characterized by sit down table, counter or drive through service to customers. Establishments may include, but are not limited to, a coffee shop, cafeteria, fine dining, bar, fast food, take out, drive-in or sandwich stand serving food, licensed brewpub, and all other eating or drinking establishments.
REST HOME (NURSING HOME). A private home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury nor does it include maternity care or care of mental illnesses. Its minimum accommodation is six persons.
RETAIL, LARGE ITEM SALES. Facilities where large items are displayed and sold for later delivery, with minimal incidental over-the-counter sales. Examples include facilities that sell furniture, carpet, mattresses, large appliances, cabinets and other large items that are determined by the issuing authority to create similar parking demands per square foot, but specifically exclude motor vehicle sales, pawnshops and facilities with more than incidental over the counter sales. While classified separately for parking purposes, LARGE ITEM RETAIL SALES facilities are considered retail uses for determining use status in each zoning district.
RETAIL SALES AND SERVICES. An establishment primarily engaged in the sale or rental of goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this code.
RETAINING WALL. A wall or terraced combination of walls used to provide barrier or restrain lateral forces of soil or other material and not used to support, provide a foundation for, or provide a wall for a building or structure.
RGU or RESPONSIBLE GOVERNMENT UNIT. The governmental organization that must oversee the preparation and analysis of environmental review documents. The RGU can be any state agency or any local (county, city, township) or special purpose unit (watershed district, SWCD, etc.) of government in the state. The RGU is the governmental unit determined to have the greatest authority to approve or disapprove a project.
SALE. When applied to uses of land shall be construed to include all transfers of title or possession of personal property whether or not absolute title passes and shall include leases, rentals and loans.
SCENIC EASEMENT. Easements held by a governmental body in order to preserve the character of the existing landscape and topography.
SCHOOL (K-12). An establishment primarily engaged in providing instructional services to elementary students including associated early learning programs or secondary students with a curriculum that complies with state regulations.
SCREENING. A method of visually modifying the view of a structure, building, feature or use by methods such as fencing, walls, berms, densely planted vegetation or a combination of these methods.
SEASONAL SALES, OUTDOOR. Outdoor seasonal retail sales, where permitted, including, but not limited to, the seasonal sale of Christmas trees, plants, flowers, vegetables and related products available on a seasonal basis.
SECONDARY ZONING DISTRICTS. Established to additionally regulate uses and characteristics of uses permitted in primary zoning districts in order to protect the public health, safety and welfare from the improper use of land subject to flooding and other natural hazards or to provide for the most appropriate use of land by providing design flexibility to allow for the preservation of natural features, the efficient provision of streets and utilities, and the sensitive blending of new development with existing uses.
SECONDHAND GOODS SALES. Sales of any tangible personal property, previously owned, used, rented or leased by a person other than the dealer offering it for sale, including without limitation: electronic audio or video equipment; firearms; musical instruments; sports equipment; photographic equipment; outboard motors, inboard drives; nautical sonar or radar devices; electric, pneumatic or hydraulic powered construction or mechanical equipment or tools; computers or computer-related equipment; cellular telephones or other communication devices; jewelry; coins, precious metals; artist signed or artist attributed original works of art and other secondhand goods or merchandise. SECONDHAND GOODS SALES are considered a retail sales use.
SELF-BREWING FACILITY. A facility that provides the ingredients and equipment for a customer to use to brew malt liquor or wine at the store.
SELF-STORAGE FACILITY. A building or group of buildings of one or more levels with, usually, but not limited to, the following characteristics: controlled access and secured areas which contain varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customer’s goods or possessions.
SENIOR CITIZEN HOUSING. Housing designed and intended to be occupied principally by elderly persons or elderly families in accordance with any of the following:
(A) Eligible by age to receive an old-age benefit under Title II of the Social Security Act; or
(B) Eligible by age to receive housing assistance under housing programs financed by the city, the State Housing Finance Agency and the federal government.
SETBACK. The required minimum horizontal distance between a building or any other specified development feature and a street right-of-way line or any other lot line, disregarding encroachments permitted by § 19.08 of this chapter.
SHOPPING CENTER. A planned business development that:
(A) Contains a number of retail business uses, including at least a grocery store, a drug store and specialty stores;
(B) Contains a number of services, such as a barber shop, beauty shop, laundry and dry cleaning depots;
(C) Serves the day-to-day needs of the immediate neighborhood;
(D) Serves the general public; and
(E) Is open to occupancy by competitive uses.
SHOWROOM. The display only of merchandise and equipment samples where a sales agreement with a consumer is conducted and delivery of purchased merchandise is made from an off-site warehouse. Merchandise or equipment which is displayed is typically large bulky items and includes, but is not limited to, furniture, appliances, plumbing fixtures, lighting, and carpeting.
SHRUB. A low, usually several stemmed, woody plant.
SIGN. A display, illustration, structure, or device with a visual display designed to identify, announce, direct, or inform. The scope of the term SIGN does not depend on the content of the message, the ideas expressed, or the image being conveyed.
SIGNIFICANT NATURAL WOODED AREA. A grouping or cluster of evergreen and/or deciduous trees with a contiguous crown cover, occupying 5,000 or more square feet that are comprised primarily of deciduous trees no less than four caliper inches in diameter or evergreen trees no less than six feet in height, which are not listed on the city’s list of prohibited plants.
SITE. A lot, or group of adjacent lots intended, designated or approved to function as an integrated unit, that is proposed for development in accord with the provisions of this code and is in a single ownership or has multiple owners, all of whom execute a joint application for development.
SOCIAL SERVICE DISTRIBUTION FACILITY. An establishment primarily engaged in the temporary storage and distribution of donated food products, clothing, furniture, books and the like.
SOLAR POWER PANEL. A structure designed to collect solar energy. SOLAR POWER PANELS are subject to any code standards that apply uniformly to structures. SOLAR POWER PANELS are not subject to accessory building standards. When pole-mounted and over 15 feet in height, SOLAR POWER PANELS fall within the definition of a “tower” (except for small panels on public utility poles and for public utility purposes).
SPECIAL STUDIES IMPACT DETERMINATION. The requirement for an applicant to pay additional costs to the city for review of a land use application where special studies are needed, i.e., traffic, environmental, utility and the like, would be determined by a special studies impact determination prepared by the city.
SPORTS TRAINING FACILITY. A facility primarily designed to provide for sports training for athletes in a particular sport, including gymnasiums, multi-sports floors, training facilities, and flexible space for the purpose of sports practice and skills enhancement. With sufficient parking, SPORTS TRAINING FACILITIES may include accessory large group classes and competition as subordinate activities. A SPORTS TRAINING FACILITY is considered to be distinct from commercial recreational services catering to the general public such as health and fitness clubs, shooting ranges, archery ranges, bowling alleys, arcades, driving ranges, miniature golf courses, skating rinks, racquet clubs, batting cages and the like.
STABLE, PRIVATE. A stable is any building located on a lot on which a residence is located, designed, arranged, used or intended to be used for not more than four horses for the private use of the residence, but shall not exceed 600 square feet in area.
STABLE, PUBLIC. A stable where horses are kept for remuneration, hire or sale.
STAND, ROADSIDE. A structure for the display and sale of products with no space for customers within the structure itself.
STORAGE, EXTERIOR (INCIDENTAL). The outdoor storage of items directly related to the primary use of a site.
STORAGE, OUTSIDE (EXTERIOR). Exterior stockpiling or safekeeping of materials, machinery, equipment, tools, products, vehicles, shopping carts, snow and accessories. The parking of vehicles for a period of less than 48 consecutive hours does not constitute OUTSIDE STORAGE.
STORED VEHICLE. A parked vehicle that has remained in place at the same location for 48 consecutive hours or more.
STREET LINE. The dividing line between the lot and the street.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
STUDIO, AUDIO OR VIDEO. Facilities with studios for the creation and production of audio or video programming or recordings.
TAKE-OUT RESTAURANT. Any establishment which has as its principal business the preparation of food, frozen dessert or beverage for sale to be consumed away from the premises of the establishment. This does not apply to restaurants which occasionally sell such items for consumption away from the premises and does not apply to drugstores or grocery stores.
TAPROOM. An area for the on-sale consumption of malt liquor produced for consumption on the brewery premises or adjacent property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off-premises consumption as allowed by M.S. § 340A.285, or its successor.
TECHNOLOGY CAMPUS. A facility or group of facilities dedicated to development, manufacturing, and/or distribution of high-tech products and where a substantial proportion of the building floor area is dedicated to office uses as well as high-tech production and/or research and development.
TEMPORARY PANDEMIC, EPIDEMIC, OR EMERGENCY SERVICE FACILITY. A temporary facility that provides non-residential services in response to a pandemic, epidemic, or emergency.
TEMPORARY RECYCLING EVENT. An approved event on public or private property designed to collect recyclable materials for two days or less.
TEMPORARY STORAGE UNIT OR CONTAINERS. Transportable storage units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis. TEMPORARY STORAGE UNITS OR CONTAINERS do not include dumpsters for construction debris or refuse, or self-propelled motor vehicles, and may not be used for habitation for humans or animals.
TENT. Any structure, including portable or temporary structures, consisting of a composite frame of stakes, beams, ropes, or cables, that is covered or enclosed or readily covered or enclosed with canvas or similar pliable materials and supported in any manner except by air or by the contents it protects.
THERAPEUTIC MASSAGE ENTERPRISE. Any business establishment providing therapeutic massage services to the public as defined in Chapter 14 of this code.
TINY HOUSE. A structure under 1,040 square feet, on wheels or sited on the ground (no trailer), and designed and intended for temporary or permanent residential use by a single family (excluding manufactured homes and recreational vehicles).
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, wind turbine, solar panel or similar apparatus above grade.
TOWER, MULTI-USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code.
TOWING SERVICE. An establishment engaged in the towing or storage of damaged, inoperable or impounded vehicles. Such use shall not include the wrecking or dismantling of vehicles.
TOWNHOUSE/ROWHOUSE. A building or group of buildings that include three or more dwelling units on a site where the dwelling units are configured in a side by side fashion and share at least one common wall but are not vertically stacked.
TRAILER BED. That portion of a trailer that is designed to make contact with and bear the weight of the load to be carried.
TRANSIENT LODGING FACILITY. A dwelling of one or more units, or portion thereof, in which a person or persons pay rent for occupancy, possession or tenancy of the property and where the actual term of occupancy, possession or tenancy of the property pursuant to that lease, license or other agreement is less than 30 consecutive calendar days, including, but not limited to bed and breakfasts, resorts, vacation homes, crash pads, hostels and the like.
TRANSIENT MERCHANT SALES. Temporary sales of goods such as arts, crafts, cosmetics, personal apparel and household furnishings for not longer than three days in one week.
TRANSITWAY. High-demand travel corridors that offer improved transit service that includes bus rapid transit, light rail, or commuter rail.
TREE. A large woody perennial plant with normally one main trunk and many branches.
TREE, DECIDUOUS. A tree that loses its leaves in the winter.
TREE, EVERGREEN. A tree that retains its leaves in the winter. Generally, an evergreen tree’s leaves are needles.
TREE, ORNAMENTAL. A deciduous tree that is anticipated to be 25 feet or less in height when mature.
TREE, OVERSTORY. A deciduous tree that is anticipated to be over 25 feet in height when mature.
TRELLIS. A frame of latticework used as a screen or as a support for climbing plants.
TRUCK AND/OR TRAILER RENTAL. A facility primarily engaged in the rental of commercial trucks and/or trailers that may include accessory rental of automobiles, with an automobile inventory no more than nine vehicles, consistent with any applicable performance standards.
UNIFORMITY RATIO. The point of greatest illumination divided by the point of least illumination.
USABLE OPEN SPACE. That part of a lot that is not covered by buildings, drives, and parking areas, is landscaped and developed for active or passive recreational and leisure use, is conveniently located and accessible to all the units and that is a minimum of fifteen feet in width and depth.
USE. The purpose or activity for which the land, building or other structure thereon is designed, arranged or intended or for which it is occupied or maintained.
USE, PRINCIPAL. The main use of land, buildings or other structures as distinguished from a subordinate or accessory use.
USED CAR LOT. Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks and the storing of same prior to sale.
VARIANCE. A situation in which practical difficulties or unnecessary hardships would result from the carrying out of the strict provisions of this chapter, and the waiver of such requirements would not unduly interfere with the general purpose and intent of this chapter and the granting of such waiver would not adversely affect the health, safety or general welfare of the residents of the city and would accomplish substantial justice.
VEHICLE REBUILDING AND BODY WORK. The rebuilding or reconditioning of motor vehicles; body, frame or fender straightening; painting; rust-proofing; or other similar activity.
VEHICLE RENTAL FACILITY. A facility primarily engaged in the rental of automobiles or light trucks and vans that may include incidental parking and servicing.
VEHICLE REPAIR, MAJOR. An establishment engaged in major repairs and service to passenger automobiles, trucks, vans and motorcycles performed inside a building except for temporary limited outdoor repair approved by the issuing authority. MAJOR REPAIR may include all activities of repair or servicing allowed in a minor automobile repair establishment as well as major engine and transmission repair and replacement and paintless dent repair (pdr). The rebuilding or reconditioning of passenger automobiles, body, frame, painting, rust-proofing or other similar activity is not considered MAJOR VEHICLE REPAIR and is defined separately.
VEHICLE REPAIR, MINOR. An establishment engaged in minor repairs and service to passenger automobiles, trucks, vans and motorcycles performed inside a building except for temporary limited outdoor repair approved by the issuing authority. MINOR REPAIR may include muffler replacement, oil and fluid changing and lubrication, tire repair and replacement except tire recapping, wheel alignment, brake repair, suspension repair, minor engine and transmission repair, flushing of radiators, servicing of air conditioners, any minor maintenance, repair or replacement of motor vehicle components such as audio system installation, window tinting, wheel rim upgrades, engine tune-ups, vehicle diagnostic analysis and other vehicle inspections, lubrications, remote car starts, engine or exhaust add-ons and other after market parts, and similar minor repairs and service.
WAREHOUSING. The indoor storage of materials, equipment or products. WAREHOUSING does not include self-storage facilities, which are defined separately.
WAREHOUSING, LIMITED. The indoor storage of materials, equipment or products including such customary and incidental activities as approved with the conditional use permit. WAREHOUSING, LIMITED has infrequent truck traffic, no open storage of materials and does not involve manufacturing. WAREHOUSING, LIMITED does not include self-storage facilities, which are defined separately.
WHOLESALING. An establishment primarily engaged in the sale of goods to retailers or other business users, or to other wholesalers and related subordinated services.
WINERY, CRAFT. A facility that manufactures wine, which includes vermouth, cider, sherry, and sake as defined by M.S. § 340A.301, with a capacity of 108,500 or fewer gallons a year.
WORK/LIVE UNIT. A built space used or designed to be used both as a workplace, where the primary work is performed on site, and as a residence by one family, and where the residential use is secondary to the primary use as a place of work.
XERISCAPING. Landscaping with slow-growing, drought tolerant vegetation or other decorative features for the purpose of conserving water and reducing yard waste.
YARD. An open unoccupied space other than a court, unobstructed from the ground to the sky, except where specifically provided by the Building Code, Chapter 15, on the lot on which a building is situated.
YARD, FRONT. The portion of the yard lying between a front lot line and the front line of the principal building, or if there is no principal building, the required front setback line across the full width of the lot between the side lot lines as represented below.
YARD, REAR. The portion of the yard lying between the rear lot line and the rear line of the principal building, or if there is no principal building, the required rear setback line across the full width of the lot between the side lot lines. In those locations where an alley is platted in the rear of the lots, one-half of the width of the platted alley may be included as part of the rear yard area for required setback and encroachment purposes.
YARD, SIDE. The portion of the yard lying between a side lot line and the side line of the principal building, or if there is no principal building, the required side setback line between the front and rear yard.
(1958 Code, §§ 13.01—13.65) (Ord. 54, passed 12-18-1961; Ord. 82, passed 7-16-1962; Ord. 86, passed 8-20-1962; Ord. 63-18, passed 6-24-1963; Ord. 63-22, passed 6-24-1963; Ord. 63-29, passed 8-26-1963; Ord. 63-34, passed 9-23-1963; Ord. 63-51, passed 12-2-1963; Ord. 64-31, passed 4-6-1964; Ord. 64-51, passed 6-22-1964; Ord. 64-59, passed 7-20-1964; Ord. 65-79, passed 10-11-1965; Ord. 66-10, passed 2-14-1966; Ord. 66-27, passed 4-18-1966; Ord. 68-23, passed 4-8-1968; Ord. 70-18, passed 5-4-1970; Ord. 71-46, passed 7-6-1971; Ord. 71-68, passed 8-16-1971; Ord. 74-74, passed 9-23-1974; Ord. 74-85, passed 11-15-1974; Ord. 75-37, passed 7-7-1975; Ord. 76-27, passed 5-10-1976; Ord. 76-67, passed 12-27-1976; Ord. 78-30, passed 5-15-1978; Ord. 79-1, passed 1-22-1979; Ord. 81-36, passed 9-8-1981; Ord. 81-59, passed 11-23-1981; Ord. 82-54, passed 12-27-1982; Ord. 83-47, passed 11-21-1983; Ord. 84-31, passed 7-23-1984; Ord. 87-58, passed 8-24-1987; Ord. 88-24, passed 4-4-1988; Ord. 88-37, passed 5-9-1988; Ord. 88-65, passed 11-14-1988; Ord. 89-18, passed 3-27-1989; Ord. 89-31, passed 6-26-1989; Ord. 89-54, passed 10-2-1989; Ord. 90-12, passed 3-19-1990; Ord. 90-33, passed 7-30-1990; Ord. 91-28, passed 5-6-1991; Ord. 91-34, passed 6-3-1991; Ord. 91-73, passed 11-18-1991; Ord. 92-38, passed 7-27-1992; Ord. 93-6, passed 2-8-1993; Ord. 93-21, passed 4-16-1993; Ord. 93-28, passed 6-7-1993; Ord. 93-48, passed 11-15-1993; Ord. 95-13, passed 8-7-1995; Ord. 96-25, passed 7-1-1996; Ord. 96-29, passed 7-15-1996; Ord. 96-35, passed 8-19-1996; Ord. 96-40, passed 8-19-1996; Ord. 97-13, passed 4-21-1997; Ord. 97-21, passed 5-19-1997; Ord. 97-34, passed 8-4-1997; Ord. 97-36, passed 8-18-1997; Ord. 97-52, passed 10-20-1997; Ord. 98-52, passed 11-2-1998; Ord. 99-9, passed 5-3-1999; Ord. 2002-3, passed 2-19-2002; Ord. 2003-18, passed 5-19-2003; Ord. 2004-24, passed 5-3-2004; Ord. 2004-27, passed 5-3-2004; Ord. 2004-32, passed 7-6-2004; Ord. 2004-35, passed 8-16-2004; Ord. 2004-36, passed 8-16-2004; Ord. 2004-44, passed 11-15-2004; Ord. 2005-11, passed 4-25-2005; Ord. 2006-33, passed 8-21-2006; Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2007-7, passed 2-26-2007; Ord. 2007-17, passed 4-9-2007; Ord. 2007-48, passed 12-17-2007; Ord. 2007-50, passed 12-17-2007; Ord. 2008-1, passed 1-14-2008; Ord. 2008-13, passed 4-21-2008; Ord. 2008-43, passed 12-1-2008; Ord. 2009-1, passed 1-26-2009; Ord. 2009-15, passed 5-18-2009; Ord. 2009-18, passed 6-22-2009; Ord. 2009-19, passed 7-6-2009; Ord. 2009-26, passed 9-14-2009; Ord. 2009-34, passed 11-2-2009; Ord. 2009-36, passed 11-16-2009; Ord. 2010-1, passed 1-4-2010; Ord. 2010-28, passed 11-1-2010; Ord. 2010-29, passed 11-1-2010; Ord. 2011-6, passed 2-28-2011; Ord. 2011-16, passed 8-1-2011; Ord. 2012-2, passed 1-23-2012; Ord. 2013-2, passed 2-25-2013; Ord. 2013-17, passed 7-15-2013; Ord. 2013-19, passed 8-19-2013; Ord. 2013-26, passed 11-4-2013; Ord. 2014-5, passed 2-3-2014; Ord. 2014-9, passed 5-5-2014; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-18, passed 6-22-2015; Ord. 2015-26, passed 10-19-2015; Ord. 2015-27, passed 10-19-2015; Ord. 2015-29, passed 11-2-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-21, passed 10-3-2016; Ord. 2016-28, passed 11-21-2016; Ord. 2017-5, passed 3-20-2017; Ord. 2017-9, passed 5-1-2017; Ord. 2017-13, passed 5-22-2017; Ord. 2017-32, passed 8-7-2017; Ord. 2017-38, passed 11-6-2017; Ord. 2018-8, passed 5-7-2018; Ord. 2019-2, passed 1-7-2019; Ord. 2019-3, passed 1-7-2019; Ord. 2019-5, passed 1-7-2019; Ord. 2019-6, passed 1-7-2019; Ord. 2019-20, passed 3-25-2019; Ord. 2019-22, passed 4-1-2019; Ord. 2019-47, passed 12-2-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2019-51, passed 12-16-2019; Ord. 2019-63, passed 12-16-2019; Ord. 2020-1, passed 2-24-2020; Ord. 2020-13, passed 5-4-2020; Ord. 2020-32, passed 10-5-2020; Ord. 2020-37, passed 11-23-2020; Ord. 2020-44, passed 12-21-2020; Ord. 2021-14, passed 6-14-2021; Ord. 2021-26, passed 8-30-2021; Ord. 2021-38, passed 11-29-2021; Ord. 2022-1, passed 1-10-2022; Ord. 2022-12, passed 4-25-2022; Ord. 2022-17, passed 5-9-2022; Ord. 2022-19, passed 5-9-2022; Ord. 2022-21, passed 5-9-2022; Ord. 2022-39, passed 8-8-2022; Ord. 2022-43, passed 9-12-2022; Ord. 2022-59, passed 12-19-2022; Ord. 2022-67, passed 12-19-2022; Ord. 2023-2, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-22, passed 8-28-2023; Ord. 2023-44, passed 12-18-2023; Ord. 2023-47, passed 12-18-2023; Ord. 2023-49, passed 12-18-2023; Ord. 2024-4, passed 2-26-2024)