The following definitions pertain to land uses within the city as shown in Tables 152.1 and 152.2:
ACCESSORY AGRICULTURAL BUILDING. An accessory structure meeting the definition listed in M.S. § 326B.103, subd. 3.
ACCESSORY DWELLING UNIT (ADU). A subordinate habitable dwelling unit which has its own basic requirement of shelter, heating, cooking and sanitation, added to or created within a primary residence or an accessory building.
ACCESSORY OFFICE. An office located in the same tenant space or as part of an integrated development that is incidental and accessory to a principal business or sales activity within the same building or on the same lot.
ACCESSORY RETAIL. The sale of goods or provision of services located within the same building or on the same lot as the principal use and which supports or is cohesive with the principal use.
ACCESSORY STORAGE, INDOOR. The storage of business property incidental to an approved principal use for a period greater than 24 hours within an enclosed building.
ADULT ENTERTAINMENT. Any business that is characterized by, or places a significant emphasis on, providing its patrons with merchandise, services or entertainment that is characterized by an emphasis on the depiction, exposing, describing, or discussing of "specified sexual activities" or "specified anatomical areas." For purposes of this definition, ADULT ENTERTAINMENT includes, without limitation, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios and other adult establishments.
(1) ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
(2) ADULT BOOKSTORE. A business engaging in the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT COMPANIONSHIP ESTABLISHMENTS. A companionship establishment which excludes minors by reason of age or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT ESTABLISHMENT.
(a) A business engaged in any of the following activities or which utilizes any of the following business procedures or practices either:
(i) Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage there at either by law or by the operators of such business;
(ii) Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(b) Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motels and adult body painting studios.
(6) ADULT HOTEL or MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor as required to be licensed or a health club which restricts minors by reason of age and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(8) ADULT MINI-MOTION PICTURE THEATER. A business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(9) ADULT MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(10) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically or mechanically controlled 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.
(11) ADULT MOTION PICTURE THEATERS. A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(12) ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.
(13) ADULT SAUNA. A sauna which excludes minors by reason of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(14) SPECIFIED ANATOMICAL AREAS. Anatomical areas consisting of:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(15) SPECIFIED SEXUAL ACTIVITIES. Activities consisting of the following:
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship and any of the following sexually-oriented actor conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, picquerism, sapphism, zooerasty;
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breasts;
(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint or any such persons;
(f) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
AGRICULTURAL SERVICES. Activities or establishments that perform services that support or assist the agricultural community, such as soil preparation services, crop services or farm management services. This category is intended to apply where land is used for the building and other structures that provide offices, warehouses and storage areas for these establishments.
ANIMAL SERVICES. Activities or establishments that consist of veterinary and related services for livestock, domestic pets and equines, including kennels, housing, or boarding of pets and other domestic animals such as stables and breeding services.
ASSISTED CARE FACILITY. A residential facility which provides meals, lodging, personal services, and/or nursing care to individuals who require assistance due to illness, age, or infirmity. Facilities may include assisted living facilities licensed by the state, nursing homes, rest homes, boarding care homes, convalescent care, and transitional care facilities.
BAR or DRINKING PLACE. Retail establishment selling, primarily, alcoholic beverages for consumption on the premises.
BREWERY, WINERY, or DISTILLERY. A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.
CARPORT. A covered structure used to offer limited protection to vehicles, primarily cars, from rain and snow. The structure can either be freestanding or attached to a wall of a primary structure or accessory building.
CAR WASH. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.
CEMETERY. The permanent interment of people or domestic pet animals either above or below ground level.
CHILD CARE, FAMILY. A dwelling unit where a resident of the dwelling is providing care under Minn. Rules 9502 for less than 24 hours at a time for up to 14 children.
COMMERCIAL RECREATION, INDOOR. Indoor facilities operated as a business and which are open to the public for a fee which may include, but are not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling alleys, movie theaters, arcades, health clubs, reception halls, and other similar businesses but excluding target ranges and shooting or gun clubs.
COMMERCIAL RECREATION, OUTDOOR. Land or outdoor facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to, golf courses, outdoor swimming pools, amusement parks, and other similar businesses.
CONSTRUCTION-RELATED TEMPORARY USE. A temporary use or structure related to construction activities on the same site. This use may consist of construction-related trailers, mobile structures used for construction offices and storage, batch plans, and temporary offices to replace permanent facilities being reconstructed.
CONTINUING CARE SENIOR FACILITY. A residential facility or complex which provides more than one type of living choice for adults over the age of 55, from independent living to long-term care, with a goal of helping residents to age in place.
DAY CARE CENTER. A state licensed private or public establishment which for gain or otherwise regularly provides one or more persons (children, adolescents or adults) with care, training, supervision, habilitation, rehabilitation or developmental guidance for periods of less than 24 hours a day in a building other than a dwelling. (All day care facilities shall be licensed under the State of Minnesota Public Welfare Licensing Act.)
DRIVE-THROUGH ESTABLISHMENT. An accessory use, structure, or portion of a principal structure where patrons may purchase products or receive service without having to leave their motor vehicle (and enter a building).
DWELLING, APARTMENT. A building consisting of six or more units designed exclusively for occupancy by six or more families living independently of one another, but sharing hallways and main entrances and exits.
DWELLING, APARTMENT MIXED USE. A building designed for one or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside.
DWELLING, 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 in it, and which complies with the manufactured home building code (M.S. § 327.31, subd. 6).
DWELLING, SINGLE-UNIT DETACHED. A site-built or factory-built (modular) residential structure containing one dwelling unit on a single lot and which is not attached to any other dwelling unit by any means, including roof, wall, or floor. This definition includes farm dwellings.
DWELLING, THREE TO FIVE UNIT. A single residential structure on a single lot which contains three, four, or five separate dwelling units.
DWELLING, TOWNHOUSE or ROWHOUSE. A single dwelling unit which is located within a larger residential structure containing three or more units and which is separated from the adjoining dwelling unit(s) by a common wall. Each dwelling unit may be located on its own individual lot or on a common lot containing all of the attached units, and each dwelling unit shall have separate and individual front and rear entrances.
DWELLING, TWO-UNIT (DUPLEX). A single residential structure on a single lot which contains two separate dwelling units.
DWELLING, TWO-UNIT (TWINHOME). A residential structure designed to house a single unit on a single lot which is attached by a common wall or walls to an adjoining dwelling unit.
ESSENTIAL SERVICES. Communication facilities and local service for natural gas lines, electric supply lines, sanitary sewer lines, storm sewer lines and water supply systems.
EXTRACTION. Extraction of soil, stone, rock, gravel, sand or similar natural products from the ground for commercial purposes.
GENERAL AGRICULTURE. The production of crops, plants or trees or the production, keeping, grazing or feeding of livestock for the sale of livestock, livestock products or other animals and animal products. This use includes incidental processing and retail sales of products grown or raised on a farm but does not include feedlots, the commercial feeding of garbage or offal to swine or other animals, soil surface application of sewage sludge, or open uncontained storage. A farmyard shall be considered a part of this use category.
GREENHOUSE. A private building or structure constructed chiefly of glass, glasslike or translucent material which is devoted to the protection or cultivation of flowers or other tender plants.
HEAVY INDUSTRY. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products or establishments that blend materials. Such uses include, but are not limited to, food and kindred products preparation such as grain milling; lumber and wood products such as sawmills, planing mills or hardwood veneer production and storage; leather tanning and finishing; clay, glass and concrete products production; fabricated metal products such as metal coating or engraving; manufacturing of machinery or equipment; chemical manufacturing; related waste/refuse treatment by such uses, excluding land fills or dumps; and uses of a similar character and intensity.
HOME OCCUPATION. A business, profession, occupation, or trade conducted for gain or support as an accessory use entirely within a dwelling, or a structure, which is clearly incidental and secondary to the residential use of the premises and does not change the essential residential character of such premises.
INSTITUTIONAL USE. Uses and buildings which contain government offices of legislative, judicial, administrative and regulatory activities of federal, state or local governments, local schools, places of worship, clinics, hospitals, excluding structures used for essential services and all activities requiring related outdoor storage areas. This use includes related accessory uses, structures, parks, and open spaces.
JUNKYARD. A place maintained for keeping, storing or piling, whether temporarily, irregularly or continually; buying or selling at retail or wholesale any old, used or second-hand material of any kind, including used motor vehicles, machinery and/or parts thereof; bottles, rubber, iron or other metals or articles which from its worn condition renders it practically useless for the purpose for which it was made and stored outdoors, not in buildings. This shall include a lot or yard for the keeping of unlicensed motor vehicles, construction and farm machinery or equipment or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap for storage, or abandonment. This definition includes establishments that recycle any of the above-mentioned materials and establishments that collect and sell scrap/waste materials, especially different types of metals.
LIGHT INDUSTRY. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products or includes establishments engaged in assembling component parts of manufactured products. Such uses include, but are not limited to, recycling establishments located completely inside a building, printing, publishing and allied industries; bottling works; manufacturing of leather products from finished leather; apparel products made from fabrics; furniture and fixtures, millwork, cabinet and similar wood products production; sheet metal and welding shops; cut stone and stone products production excluding quarries; manufacture of engineering, laboratory, scientific or research instruments/equipment, measuring and controlling instruments; and uses of similar character and intensity.
MANUFACTURED HOME PARK. An approved manufactured home park which has underground utility service to each site and only permits independent manufactured homes.
MEMBERSHIP ORGANIZATION. Facilities and activities operated on a membership basis for the promotion of the interests of the members, including trade organizations, political or labor organizations and civic, social and fraternal associations, with the primary activities related to membership organization functions, amusement/entertainment or services to the general public.
MOBILE FOOD UNIT. A food and beverage service 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 place with the approval of the regulatory authority; or
(2) Operated in conjunction with a permanent business licensed under M.S. Ch. 157 or Ch. 28A at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location.
OFF-STREET PARKING OR LOADING FACILITY. A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.
OUTDOOR DINING. A specified outdoor area for dining which is accessory to a principal restaurant or food service establishment use.
OUTDOOR DISPLAY. The arrangement of the products a business sells outside of the building the business occupies excluding vehicles and farm implements.
OUTDOOR STORAGE. The storage of personal or business property for a period greater than 24 hours outside of an enclosed building.
PERFORMANCE FACILITY. A facility used for the production, preparation, and performance of dramatic, dance, musical, or other live performances.
PRODUCE STAND. A temporary booth, stall, or building from which farm products are sold to the general public.
RACING/TRACK ENTERPRISE. Facilities and activities that consist of outdoor racing with, but not limited to, horses, cars, motorcycles and dogs, or track facilities for vehicles and animals, including moto-cross courses.
RECREATION FACILITY, PUBLIC. An indoor or outdoor public complex or destination designed and equipped for the conduct of sports and leisure-time activities. This facility may include parks, playgrounds, swimming pools, tennis courts, or other similar uses associated with a designated recreation area. This use includes related accessory buildings and structures.
RECREATIONAL FACILITY, PRIVATE. A private area or facility intended to serve the recreational needs of a specific residential population. PRIVATE RECREATIONAL FACILITIES include but are not limited to: tennis courts, swimming pools, basketball courts, or playground equipment.
RESEARCH/TESTING. Primary activities consisting of research and development laboratories. Such facilities carry on investigations in the natural or physical sciences or engineering and development as an extension of investigation with the objective of creating end products. Such primary uses may include soils testing and engineering, medical research, agricultural research and activities and facilities of a similar character and intensity.
RESIDENTIAL CARE FACILITY. An in-home residential facility licensed by the state which provides primarily nonmedical care to individuals who are in need of personal assistance to manage the activities of daily life or for the protection of the individual.
RESTAURANT. Retail establishments selling, primarily, prepared foods and secondarily, alcoholic beverages for consumption on the premises and also lunch counters, refreshment stands, and fast food establishments.
RETAIL AGRICULTURAL. Establishments that are primarily engaged in providing services related to or conducting the sale at retail of horticulture and floriculture products, including nurseries, greenhouses, lawn and garden services. These enterprises typically produce their own stock, unlike a garden center which imports from other establishments the products it sells at retail.
RETAIL AND CONVENIENCE RETAIL TRADE. Establishments engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. Such uses include, but are not limited to, food, drug, clothing, sporting goods, hardware, paint, glass and wallpaper stores, home improvement establishments, furniture stores, home furnishing stores, florists, garden centers, retail butcher shops, variety or specialty stores or establishments of a similar character and intensity.
SECONDARY FARM DWELLING. A dwelling located on the same lot as a farm dwelling used to house family members or person(s) employed on the farm.
SERVICES, HIGH IMPACT. Activities involving personal or business services, repair services and automotive repair services. Such activities include, but are not limited to, commercial laundries, linen supply, industrial laundries, outdoor advertising services with outdoor storage, cleaning, disinfecting, extermination services, specialized repair shops needing outside storage, equipment and vehicle rental/ leasing, parking lots, car washes, bus/taxi depots and public garages.
SERVICES, LOW IMPACT. Activities involving personal, financial, real estate, insurance, health, legal or social services and business services that are located solely within a building. Such activities include, but are not limited to, household product repair services, coin operated laundries, beauty and barber shops, funeral homes, advertising services, collection agencies, banks, doctors offices, clinics, law offices and counseling services.
SHOPPING CENTER. A development in which one or more principal buildings are located on one or more lots of record that abut one another and the principal building(s) contain two or more servicing, merchandising, leisure uses or office uses and where each such use abuts the adjacent use located within the principal building(s) and the development is under one ownership or management. SHOPPING CENTERS have common on-site parking and have a building composition that functions as an architectural unit.
SHORT-TERM VACATION RENTAL. A dwelling, or portion thereof, that is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days.
SMALL-SCALE SOLAR ENERGY GENERATION SYSTEM. An accessory solar collector or other device mounted on the ground or on a building, pole, or rack which is directly connected to or designed to primarily serve the energy needs of the principal use.
SMALL-SCALE WIND ENERGY CONVERSION SYSTEM. An electrical generating facility with 5,000 kW nameplate generating capacity or less that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
TAPROOM. Taproom means an area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting 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 Minnesota statutes, as may be amended.
TEMPORARY OUTDOOR PROMOTIONAL OR SALES EVENT. A temporary outdoor promotional or special event/sale directed toward the general public, including grand opening sales, registration for day care, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reductions, liquidation sales and mechanical or animal rides.
TRANSIENT ACCOMMODATIONS. Establishments engaged in providing lodging or lodging and meals for the traveling public, including hotels, motels, boarding/rooming houses, and bed and breakfasts.
TRANSIENT AMUSEMENT ENTERPRISE. Facilities and activities consisting of temporary outdoor amusement enterprises, including circuses, carnivals and fairs.
TRANSMISSION/DISTRIBUTION. Establishments providing to the general public or to other business enterprises: electricity, gas and other utility system elements, including, but not limited to, electric, gas and other utility substations, transformer stations, pumping stations, regulator stations and
broadcasting towers.
TRAVEL TRAILER PARK OR CAMPGROUND. A lot or parcel of land occupied or intended for occupancy by recreational vehicles or tents for travel, recreational, or vacation usage for short periods of stay.
VEHICLE DEALER. Retail dealers selling new and used automobiles, trucks and other self-propelled vehicles, boats, recreational and utility trailers, motor homes, motorcycles, or farm implements (including showroom and service facilities).
VEHICLE FUELING STATION. Any building or premises used for the retail sale of products for the propulsion of motor vehicles, and including such products as fuel oil, gasoline, diesel fuel, electricity, motor vehicle accessories, convenience store goods, and other items customarily associated with the sale of such products.
WAREHOUSE AND DISTRIBUTION FACILITY. An establishment engaged in the storage and distribution of manufactured products, supplies, and equipment.
WHOLESALING, HIGH IMPACT. Establishments or places of business primarily engaged in selling merchandise to retailers to industrial, commercial, institutional, farm or professional business users; or to other wholesalers and where outdoor storage may be a necessary part of the business. Uses in this category include, but are not limited to, wholesaling of vehicles, lumber and other construction materials (lumberyards), construction machinery, farm machinery, industrial machinery, transportation equipment and related repair and reconditioning activities or related shops, farm product raw materials and product storage (such as grain elevators) and other wholesaling of a similar character and intensity.
WHOLESALING, LIMITED IMPACT. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers. Such primary activities or incidental activities shall not be conducted outside of the primary buildings related to the activity. Uses in this category include, but are not limited to, vehicle parts and supplies, furniture, electrical goods, hardware, plumbing and heating supplies, drugs, apparel, grocery products, alcoholic beverages, meat locker plants, trade shops related to these establishments and other specialty wholesaling of a similar character and intensity.
WIRELESS USE. Any principal or accessory use or structure designed and constructed primarily for the purpose of wireless communication, transmission, and distribution.
(Ord. 2023-02, passed 5-9-23)