For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated, and is reasonably necessary and incidental to the conduct of the primary or principle use of the building or main use.
ADULT-ORIENTED BUSINESS/ADULT USE BUSINESS. Any business engaged in adult uses.
ADULT USES. Adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse sauna facilities, adult clubs, adult cabarets, adult companionship establishments, adult rap/conversation parlors, adult health sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, business, or places open to some or all members of the public, or in which there is an emphasis on the presentation, display, depiction, or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS which are capable of being seen by members of the public. This includes bars and/or businesses where upper and/or lower extremities are exposed, nude dancing, strip clubs, and dancing establishments with any type of partial or full nudity. Activities classified as OBSCENE, as defined by M.S. § 617.241, as it may be amended from time to time, are not included.
(1) SPECIFIED ANATOMICAL AREA. Includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state, even if opaquely covered.
(2) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilines, buggery, coprophagy, coprophilia, cunnilingus, fellatio, intercourse, oral copulation, necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy, and zooerasty, actual or simulated;
(b) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation, actual or simulated;
(c) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(d) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering binding, or other physical restraint of any persons;
(e) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being;
(f) Human excretion, urination, menstruation, vaginal, or anal irrigation; and/or
(g) Excretory functions as part of, or in connection with, any of the activities set forth in divisions (2)(a) through (2)(f) above.
ADULT USES, ACCESSORY. The offering of retail goods for sale which are classified as adult oriented uses on a limited scale, and which are incidental to the primary activity and goods, and/or services offered by the establishment. Examples of the items include the sale of adult oriented books or magazines, or the sale and/or rental of adult use motion pictures, and the sale of adult novelties.
ADULT USES, PRINCIPAL. The offering of goods and/or services which are classified as adult oriented uses as a primary or sole activity of a business or establishment, and include, but are not limited to, the following.
(1) ADULT USE BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT USE BOOKSTORE, VIDEO STORE, OR ADULT STORE. A commercial establishment which, as a principal business purpose, offers for sale or rental, for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and
(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(3) ADULT USE CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear semi-nude or in a state of nudity;
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT USE COMPANIONSHIP ESTABLISHMENT. An establishment which provides the service of engaging in, or listening to, conversation, talk, or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT USE CONVERSATION/RAP PARLOR. A conversation/rap business which offers to engage customers in the service of engaging in, or listening to, conversation, talk, or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT USE HEALTH/SPORTS CLUB. A health/sport club which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT USE HOTEL OR MOTEL. A hotel or motel, or similar establishment, which:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; and/or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(8) ADULT USE MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if the service is distinguished, or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) ADULT USE MINI-MOTION PICTURE THEATER. A building, or portion of a building, with a capacity for less than 50 people, used for presenting material if the material is distinguished, or characterized, by an emphasis on specified sexual activities or specified anatomical areas.
(10) ADULT USE MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers, and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
(11) ADULT USE MOTION PICTURE ARCADE. Any place to which the public is permitted or invited, wherein coin or slug-operated, or electronically, electrically or mechanically controlled or customer operated still or motion picture machines, projectors, or other image-producing devices, are maintained to show images to five, or fewer, persons per machine at any one time, and where the images so displayed are distinguished, or characterized, by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(12) ADULT USE MOTION PICTURE THEATER. A building, or portion of a building, with a capacity of 50 or more people, used for presenting material via still or motion picture machine, projectors, or other image-producing devices to show images to customers or guests if the material is distinguished, or characterized, by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
(13) ADULT USE NOVELTY BUSINESS. A business which has, as a principal activity, the sale of devices which stimulate human genitals, or devices which are designed for sexual stimulation.
(14) ADULT USE SAUNA. A sauna which provides a steam bath, or heat bathing room, used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished, or characterized, by an emphasis on specified sexual activities or specified anatomical areas.
(15) ADULT USE STEAM ROOM/BATHHOUSE FACILITY. A building, or portion of a building, used for providing a steam bath, or heat bathing room, used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent if the service provided by the steam room/bathhouse facility is distinguished, or characterized, by a emphasis on specified sexual activities or specified anatomical areas.
ALLEY. A public right-of-way which provides secondary access to an abutting property.
APARTMENT. A room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual, and is equipped with cooking facilities, and includes DWELLING UNIT and EFFICIENCY UNIT.
AQUIFER RECHARGE AREAS. All land surface areas which, by nature of their surface and/or subsurface soil characteristics, are determined to contribute to the replenishment of subsurface water supplied.
ARTIFICIAL LIGHT. Illumination resulting from internal or external artificial light sources, including glare, and reflected light by-products of ARTIFICIAL LIGHT.
ARTIFICIAL OBSTRUCTION. Any obstruction which is not a natural obstruction.
AUTOMOBILE REPAIR. General repair, rebuilding, or reconditioning engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening, or repair; overall painting or paint job; vehicle steam cleaning; and upholstering.
AUTOMOBILE WRECKING. Any place where two or more vehicles not in running condition and/or not street licensed, or parts thereof, are stored in the open, and are not being restored to operation; or any land, building, or structure used for wrecking or storing of the motor vehicles, or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles, or merchandise. Or as amended (reference to Title IX §§ 93.01 through 93.99 of this code).
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a BASEMENT unless the floor level qualifies as a first story as defined herein.
BED AND BREAKFAST INN. An owner or manager-occupied dwelling where lodging in up to four guest rooms and board is provided.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements, and not to anyone who may apply, but not including a building providing these services for more than ten persons.
BUILDABLE AREA. The portion of a lot remaining after required setbacks and open spaces have
been provided.
BUILDING. Any structure used, or intended, for supporting or sheltering any use or occupancy.
BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line, as prescribed in this chapter.
BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation.
CAMPGROUND. An area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping. CAMPGROUNDS are not allowed in city limits.
CARPORT. A canopy constructed of metal or other materials supported by posts, either ornamental or solid, and completely open on three sides.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body, which has federal tax exempt status, that are organized to sustain public worship.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying annual dues, and the use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises, providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided the serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals, and provided further that the serving of alcoholic beverages is in compliance with the applicable federal, state, and municipal laws.
COMMERCIAL RECREATION. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theater, firearms range, boat rental, amusement rides, campgrounds, deer park, and similar uses.
COMMERCIAL USES. All permitted and accessory uses allowed in the GBD and CBD Districts.
COMPREHENSIVE PLAN. The COMPREHENSIVE DEVELOPMENT PLAN prepared and adopted by the city, indicating the general locations recommended for major land uses, streets, parks, public buildings, and other public improvements.
CONDITIONAL USE. A use which, because of special problems of control, requires reasonable, but special, unusual, and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the city’s comprehensive plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as well as its compatibility with the city’s comprehensive plan, as a flexibility device to enable the City Council to assign dimensions to a proposed use, or conditions surrounding it, after consideration of adjacent uses and their functions, and the special problems which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually owned dwelling units and jointly-owned, and shared, areas and facilities, which dwelling is subject to the provisions of the State Condominium Law, M.S. §§ 515.01 through 515.29, as they are amended from time to time.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
DAY CARE, GROUP NURSERY. A service provided to the public in which children of school or preschool age are cared for by a state-licensed day care facility during established business hours.
DAY CARE, HOME. A family dwelling in which foster care, supervision, and training for children of school or preschool age, out of their own home, is provided.
DEPARTMENT STORE. A business which has a variety of unrelated merchandise and services are housed, enclosed, and exhibited, and sold directly to the customer for whom the goods and services are furnished.
DEPOSITION. Any rock, soil, gravel, sand, or other material deposited naturally or by humans into a waterbody, watercourse, floodplains, or wetlands.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
DIVERSION. A channel that intercepts surface water runoff, and that changes the accustomed course of all, or part, of a stream.
DRAINING. The removal of surface water or groundwater from land.
DREDGING. To enlarge or clean out a waterbody, watercourse, or wetland.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which products or services are provided from the establishment.
DWELLING, MANUFACTURE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed, or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks, or other temporary or permanent foundations, connections to utilities, and the like. A TRAVEL TRAILER is not to be considered as a MANUFACTURED HOME.
DWELLING, MULTIPLE (APARTMENT). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways, and main entrances and exits.
DWELLING, SINGLE-FAMILY. A detached dwelling unit designed for occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. Any building, or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by this chapter, for not more than one family, or a congregate residence for ten or less persons.
EARTH SHELTERED BUILDINGS. Buildings constructed so that more than 50% of the exterior surface area of the buildings, excluding garages and other accessory buildings, is covered with earth, and the Building Code standards promulgated pursuant to § 154.327, and as amended, are satisfied. PARTIALLY COMPLETED BUILDINGS shall not be considered EARTH SHELTERED.
EASEMENT. Authorization by a property owner of the use by another, and for a specified purpose, of any designated part of the property.
ENCROACHMENT LINES. The lateral limits or lines drawn along each side, and generally parallel to a stream or another body of water, which delineates the floodway, and within which the flood-carrying capacity of the stream, or other body of water, is to be preserved. Their location, if along a stream, should be that the floodway between them will effectively carry and discharge a flood not less than a regional flood.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply, or disposal system including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
FAMILY. An individual, or two or more persons related by blood or marriage, or group of not more than six unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, club lodge, sorority, or fraternity house, as herein described.
FENCE. A barrier forming a boundary to, or enclosing, some area.
FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
FLOOR AREA. The sum of the gross horizontal area of the several floors of the building, measured from the exterior faces of the exterior walls.
FLOOR AREA RATIO (FAR). The floor area of the building or buildings on that zoning lot divided by the area of the zoning lot, or, in the case of planned developments or group housing projects, by the gross site areas.
FORESTRY. The management, including logging, of a forest, woodland, or plantation, and related research and educational activities, including the construction, alteration, or maintenance of wood roads, skid roads, landings, and fences.
GARAGE, PRIVATE. An accessory building, or accessory portion of the principle building, which is intended for, and used, to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented.
GARAGE, PUBLIC. A building, or portion of a building, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any vehicles are kept for remuneration or hire, and which any sale of gasoline, oil, and accessories is only incidental to the principle use.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building between the building and a line five feet from the building.
GRADING. Changing the natural or existing topography of land.
GREENBELT. A planned barrier consisting of dense vegetation used for the purpose of separation and screening of land uses.
GROWTH MANAGEMENT SYSTEM. The goals, policies, programs, ordinances, and regulations used to guide the city’s growth and development.
GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HEIGHT OF BUILDING. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched, or hipped, roof. The reference datum shall be selected by either of the following, whichever yields a greater HEIGHT OF BUILDING:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot (1,524 millimeters) horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet (3,048 millimeters) above the lowest grade; or
(2) An elevation ten feet (3,048 millimeters) higher than the lowest grade when the sidewalk or ground surface described in division (1) above is more than ten feet (3,048 millimeter) above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.
HOME OCCUPATION. Any occupation or profession carried on by a member of the family residing on the premises, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and does not utilize more than one-third of the building’s floor area.
HOTEL. Any building containing six or more guest rooms intended, or designed, to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
INDUSTRIAL USE. A permitted, conditional, or accessory use allowed in the I-1 and I-2 Districts.
LODGING HOUSE. Any building, or portion thereof, containing not more than five guest rooms where rent is paid in money, goods, labor, or otherwise.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities and with, or without, an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one LODGING ROOM.
LOT. Land occupied, or to be occupied, by a building and its accessory buildings, together with the open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which the LOT is situated, and having its principle frontage on a street, or a proposed street, approved by the Council.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, of record as of the effective date of this chapter, or approved by the city as a lot subsequent to the date, and which is occupied by, or intended for occupancy by, one principle building or principle use, together with any accessory buildings and the open spaces as required by this chapter, and having its principle frontage on a street, or a proposed street, approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT CORNER. A lot situated at the junction of, and abutting on, two or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT LINE. A property boundary line of any lot held in single or separated 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 right-of-way.
LOT, FRONTAGE. The front of a lot shall be the boundary abutting a public right-of-way.
LOT, INTERIOR. Including through lots, excluding corner lots.
LOT, THROUGH. A lot fronting on two parallel streets.
LOT, WIDTH. The shortest horizontal distance between the side lot lines measured at right angles at the building line.
MANUFACTURED 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; except that the term includes any structure which meets all the requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary, and complies with the standards established under M.S. Chapter 327, as it is amended from time to time.
MANUFACTURED HOME PARK, DEPENDENT. An approved manufactured home park which has underground utility service to each site and only permits independent manufactured homes.
MANUFACTURED HOME PARK, INDEPENDENT. An approved manufactured home park which has underground utility service to each site, and also restroom and washing facilities as specified by the state.
MANUFACTURED HOME, INDEPENDENT. A manufactured home which is constructed to utilize a public water and sewer system, an external source of electric service, and an internal source for heating, and shall be equipped with a stool, shower, or tub, and laundry facilities.
MANUFACTURING, HEAVY. The manufacturing, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Manufacturing activities associated with the I-2 District.
MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided the use will not generate offensive odors, glare, smoke, dust, noise, vibration or other objectionable influences that extend beyond the lot on which the use is located. Manufacturing activities associated with the I-1 District.
MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.
MOTOR FUEL STATION. A place where gasoline, stored only in underground tanks, kerosene, motor oil, and lubricants for operation of automobiles, are related directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.
MOTOR FREIGHT TERMINAL (TRUCK TERMINAL). A building in which freight brought by motor truck is assembled and sorted for routing in intrastate shipment.
NAME PLATE. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
NATURAL DRAINAGE SYSTEM. All land surface areas which, by nature of their contour configuration, collect, store, and channel surface water runoff.
NATURAL OBSTRUCTION. Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a waterbody, watercourse, or wetland by a non-human cause.
NON-CONFORMING STRUCTURES OR USE. Any structure or use, not including existing residential homes and accessory buildings, which, on the effective date of September 16, 1998, does not, even though lawfully established, conform to the applicable conditions of the structure or use was to be erected under the guidance of this chapter.
NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent, or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums, or similar institutions as defined by M.S. § 144A.01, as it is amended from time to time.
OBSTRUCTION (FLOOPLAIN). Any storage of material or equipment, any darn, wall, wharf, embankment, levee, road, dike, pile, abutment projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure, or matter in, along, across, or projecting, in whole or in part, into any floodplain.
OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. The space shall be of the size as to accommodate one truck of the type typically used in the particular business.
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise, and for the storing of same prior to sale.
OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to, and utilizing, the character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreational areas.
PARAPET. A low wall which is located perpendicular to (extension of front wall) a roof of a building.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below, and/or above grade.
PARKING SPACE. An area of not less than nine feet in width and 19 feet in length, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley, and permitting satisfactory ingress and egress of an automobile.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of the districts.
PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
PLANNED UNIT DEVELOPMENT. A large lot or tract of land developed as a unit rather than as an individual development, wherein two or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.
PLANNING COMMISSION. The planning agency of the city, designated by the City Council.
PRINCIPLE USE. The primary or main use of land or buildings as distinguished from subordinate, incidental, or accessory uses.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.
RECREATIONAL FIELD OR BUILDING.
(1) An area of land, water, or any building in which amusement, recreation, or athletic sports are provided for public, or semi-public, use, whether temporary or permanent, except a theater, whether the provision is made for the accommodation of an assembly or not.
(2) A golf course, arena, baseball park, stadium, circus, or gymnasium is a RECREATIONAL FIELD OR BUILDING for the purpose of this chapter.
RECREATIONAL VEHICLE. A vehicular portable structure used for amusement, vacation, or recreational activities including, but not limited to, travel trailers, motor homes, camping trailers, snowmobiles, boats, bicycles, ATVs, and motorcycles.
REFUSE OR JUNK YARD. Any yard containing rubbish, salvage materials, an automotive vehicle or trailer of any kind or type without current licence plates, junk, or miscellaneous refuse.
RESTAURANT. An establishment which serves food in or on non-disposable dishes, to be consumed primarily while seated at tables or booths within the building.
SELECTIVE CUTTING. The removal of single scattered trees.
SETBACK. The minimum horizontal distance between a structure and a road or highway, right-of-way, or property lot line.
SEWAGE DISPOSAL SYSTEM. Any system for the collection, treatment, and dispersion of sewage, including, but not limited to, septic tanks, soil absorption systems, and drain fields. Refer to Title V, Public Works, for further sewer regulations.
SHOPPING CENTER. Any contiguous group of four or more retail stores or service establishments, comprising 12,000 or more square of floor area which provides off-street parking utilized, in common, by patrons.
SIGN. A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon, an awning, canopy, marquee, building structure, or piece of land which directs attention to an object, project, place, activity, person, institution, organization, or business. A SIGN shall not include any official court or other public notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious or service, or fraternal group.
SIGN, ACCESSORY. A sign relating in its subject matter to the premises on which it is located, or to which it refers, or to products, accommodations, services, or activities on the premises on which it is located, or to which it refers.
SIGN, ADDRESS. A sign communicating street address only, whether written or in numerical form.
SIGN, ADVERTISING. A sign which promotes products, accommodation, services, or activities not exclusively used, sold, or performed on the premises on which the sign is located. See § 154.333.
SIGN AREA. The area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures, or symbols attached directly to the part of a building, which is included in the smallest geometric figure which can be made to circumscribe the message, figure, or symbol displayed thereon.
SIGN AREA, IDENTIFICATION. A free standing sign which identifies the name of a residential subdivision consisting of 20 or more lots; a multiple residential complex, consisting of three or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign shall be limited only to the identification of an area or complex, and shall not contain the name of individual owners or tenants, nor contain advertising.
SIGN, AUXILIARY. A smaller secondary sign functioning in a subsidiary capacity to a principle sign. See § 154.333.
SIGN, BANNERS AND PENNANT. Attention-getting devices which resemble flags and are part of a paper, cloth, or plastic-like consistency.
SIGN, BILLBOARD. Any permanent, non-governmental sign with not more than two sides advertising product services, commodities, entertainment, or other activity not offered at the location of the sign, or not exclusively related to the premises on which the sign is located. A BILLBOARD is a free standing sign, other than a pylon sign, having an area of up 200 square feet. See § 154.333.
SIGN, CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.
SIGN, CANOPY AND MARQUEE. Any message or identification which is affixed to a projection or extension of a building or structure, erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. See § 154.333.
SIGN, CONSTRUCTION. A sign placed at a construction site, identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.
SIGN, DIRECTIONAL. A sign erected on public or private property which bears the address and/or name of a business, institution, church, or other use of activity, plus directional arrows or information on location. See § 154.333.
SIGN, DIRECTORY. An exterior informational wall sign which does not exceed four square feet, and identifies the names of business served by a common public entrance in a shopping center. See § 154.333.
SIGN, FLASHING. Illuminated sign on which the illumination is not kept stationary or constant in intensity and/or color at all times when the sign is in use.
SIGN, FREE STANDING. A sign and sign structure, both of which are not more than 12 feet in height. The sign shall be limited in area to a maximum of 35 square feet on each face. See § 154.333.
SIGN, GOVERNMENTAL. A sign which is erected by a unit of government.
SIGN, GROSS SURFACE AREA. The entire area, in square feet, within a single continuous perimeter enclosing the extreme limits of the complete message of any sign, which limits shall include the surface on which the message is affixed, unless the individual letters of the message affixed directly to the surface of a wall, in which case the maximum height and width shall apply. The permits shall not include any structural elements lying outside the limits of the sign surface which do not form an integral part of the sign message, except where the sign structure is held by the Zoning Administrator to be larger than required for structural strength.
SIGN, HOLIDAY. Signs or displays which contain or depict a message pertaining to a national, state, or local holiday, and no other matter.
SIGN, IDENTIFICATION. Signs located in a residential district which identify a subdivision, apartment complex, or similar identifications, and set forth the address of the premises where the sign is located, and signs in all other districts which identify the business or owner, and set forth the address of the premises where the sign is located.
SIGN, ILLUMINATED. Any sign which is lighted by an artificial light source, either directly upon it or illuminated from an interior source.
SIGN, INFORMATIONAL. Any sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification. See § 154.333.
SIGN, INSTITUTIONAL. A sign or bulletin board which identifies the name or other characteristics of a public, semi-public, or private institution on the site where the sign is located. Institutions shall include churches, schools, city buildings, and other non-profit and charitable organizations. See § 154.333.
SIGN, INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets, and the like, when carved into stone, concrete, or similar material, or made of bronze, aluminum, or other permanent type of construction, and made an integral part of the structure. See § 154.333.
SIGN, MAXIMUM HEIGHT. The vertical distance measured from the nearest finished grade to the highest limit of the sign. See § 154.333.
SIGN, MINIMUM HEIGHT. The vertical distance measured from the nearest finished grade to the lower limit of the sign. See § 154.333.
SIGN, MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from the grade to the top of the structure. MONUMENT SIGNS shall not exceed 20 square feet in area. See § 154.333.
SIGN, MOTION. Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion (for example, zip flashers, flashing signs, or similar devices), including a written moving message indicating time and temperature.
SIGN, NON-CONFORMING.
(1) Legal. A sign which lawfully existed at the time of the passage of this chapter, or amendment thereto, but which does not conform with the regulations of this chapter; and
(2) Illegal. A sign which was constructed after the passage of this chapter, or amendment thereto, and does not conform with the regulations of this chapter.
SIGN, OFF-PREMISES. A sign which advertises a business which is not located upon the property on which the sign is located.
SIGN, ON-PREMISES. A sign located on the premises or property of an individual, business, or organization when the sale or lease of the premises, or the identification produces, or services, of the individual, business, or organization are the subject of the sign.
SIGN, PORTABLE. A sign so designed as to be movable from one location to another, and which is not permanently attached to the ground or structure, such as portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle. See § 154.333.
SIGN, PROJECTING. Any sign that projects out over the front edge of the roof structure and/or the face of the building at a perpendicular angle to the building. See § 154.333.
SIGN, PUBLIC. Signs of a public, non-commercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques, and the like, when signs are erected by, or on order of, a public officer or employee in the performance of official duty.
SIGN, PYLON. A sign other than a monument sign or billboard supported by its own free standing structure, with a maximum area of 200 square feet per face, and a maximum height not to exceed 35 feet. See § 154.333.
SIGN, REAL ESTATE DEVELOPMENT. A business sign placed on the premises of a subdivision or other real estate development.
SIGN, REAL ESTATE. A sign placed upon a property advertising that particular property for sale, for rent, or for lease. See § 154.333.
SIGN, ROOF. Any sign which is erected, constructed, or attached wholly, or in part, upon or to cover the roof of a building. See § 154.333.
SIGN, RUMMAGE/GARAGE SALE. The infrequent temporary display and sale by an occupant on his or her premises, or personal property, including general household rummage, used clothing, and appliances, provided the exchange or sale of merchandise is conducted within the residence or accessory structure.
SIGN, SANDWICH BOARD TYPE. A temporary portable sign allowed by permit. Allowable size is three feet by three feet, or nine square feet. Liability for the sign is the responsibility of the business owner. See § 154.326(D)(3).
SIGN, SHOPPING CENTER IDENTIFICATION. A free standing or pylon sign and sign structure adjacent to an arterial street which are limited to 35 feet in height. The sign shall be limited in area to a maximum of 200 square feet. See § 154.333.
SIGN STRUCTURE. The supports, uprights, bracing, and framework for a sign, including the sign area.
SIGN, TEMPORARY. A non-permanent banner or pennant, construction, campaign, holiday, real estate, rummage sale, or portable sign affixed or displayed on a premises. See § 154.333.
SIGN, TOTAL ALLOWABLE AREA. The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated as to create a surface area in excess of the requirements.
SIGN, TRAFFIC. A sign which is erected by a governmental unit for the purpose of directing or guiding traffic.
SIGN, WALL. A sign which is affixed directly to, or painted on, or otherwise inscribed on, an exterior wall or window of any building, and projects toward therefor no more than one inch. See § 154.333.
SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
STORY. Portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top-most STORY shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (1,829 millimeters) above grade, as defined herein, for more than 50% of the total perimeter, or is more than 12 feet (3,658 millimeters) above grade, as defined herein, at any point, the usable or unused underfloor space shall be considered a STORY.
STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a FIRST STORY, provided the floor level is not more than four feet (1,219 millimeters) below grade, as defined herein, for more than 50% of the total perimeter, or not more than eight feet (2,438 millimeters) below grade, as defined herein, at any point.
STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and a corner lot has two frontages.
STRUCTURE. Anything which is built, constructed, or erected; an edifice or building of any kind; or any piece of work artificially built up, and/or composed of, parts joined together in some definite manner whether temporary or permanent in character.
SUBSTANDARD USE. Any use existing prior to the date of this chapter which is permitted within the applicable zoning district but does not meet the minimum lot area, frontage, setbacks, or other dimensional standards of the chapter.
TOWNHOUSES. Structures housing two or more dwelling units of not more than two stories each, and contiguous to each other only by sharing one common wall, the structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain, in excess, of eight dwelling units, and each dwelling unit shall have a separate and individual front and rear entrances.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is grade, developed, landscaped, and equipped, and intended and maintained for either active or passive recreation, or both, available and accessible to, and useable by, all persons occupying a dwelling unit or rooming unit on the lot, and their guests. The areas shall be grassed and landscaped, or covered, and only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute USABLE OPEN SPACE.
USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter.
VARIANCE. A legally permitted deviation from the strict terms of a city’s land use standards specified in this chapter.
VEGETATION. The sum total of plant life in some area, or a plant community with distinguishable characteristics.
WATERBODY. A body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams, or creeks, and may flow year around or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WATERSHED MANAGEMENT OR FLOOD CONTROL STRUCTURE. A dam, floodwall, wingdam, dike, diversion channel, or an artificially deepened or widened stream channel following the same, or approximately the same, course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term WATERSHED MANAGEMENT OR FLOOD CONTROL STRUCTURE does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion, and which must be authorized by permit from the Commissioner of the State Department of Natural Resources.
WETLANDS. An area where water stands near, at, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:
(1) Vegetation belonging to the marsh (emergent aquatic) bon, fen, sedge meadow, shrubland, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities (these communities correspond roughly to WETLAND types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, “Wetlands of the U.W.”, 1956);
(2) Mineral soils with grey horizons or organic solids belonging to the histosol order (peat and muck); and
(3) Soil which is water logged or covered with water at least three months out of the year. Swamps, bogs, marshes, potholes, web meadows, and sloughs are wetlands, and properly may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a WETLAND is commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
WILDLIFE. All free living animals.
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.
YARD, FRONT. A yard extending across the front of the lot between the side lot lines, and lying between the front line of the lot and the nearest line of the building.
YARD, REAR. A yard extending across the full width of the lot, and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the building, and extending from the front line of the lot to the rear yard.
ZONING ADMINISTRATOR. A person appointed by the City Council to enforce this chapter.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform.
ZONING MAP. The maps or map incorporated into this chapter as part thereof and as amended, designating the zoning district.
(Ord. 199, passed 2-7-2000; Ord. 230, passed 4-6-2004)