For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Making contact with or separated only by public thoroughfare, railroad or public utility right-of-way.
ACCESS. A way or means of approach to provide physical entrance to a property.
ACCESSORY AND/OR SECONDARY USE. Those antennas including radio and television receiving antennas, satellite dishes, TVROs (television receive only) two meters or less in diameter, short-wave radio dispatching antennas or those necessary for the operation of electronic equipment such as radio receivers, ham radio transmitters and television receivers that are customary and incidental to allowed principal uses within the various zoning districts of the city.
ACCESSORY BUILDING. A subordinate building which is located on the same lot on which the principal building is situated and which is reasonably necessary and incidental to the conduct of the principal building or use.
ADDITION. A physical enlargement of an existing structure.
ADDRESS SIGN. A sign communicating only a street address.
ADVERTISING SIGN. A sign used to advertise products, goods or services not exclusively related to the premise on which the sign is located.
AESTHETIC. The perception of artistic elements or elements in the natural or human-made environment which are pleasing to the eye.
AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay, fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale of in season products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feedlots, retail nurseries and garden centers and kennels.
AISLE. The traveled way by which cars enter and depart parking spaces.
ALLEY. A public or private right-of-way which affords a secondary means of access to abutting property.
ALTERATION. Any major alteration to a sign excluding routine maintenance, painting or change of copy.
AMUSEMENT CENTER. A business at one location devoted primarily to the operation of amusement machines and open for public use and participation at a location where the primary use is five or more amusement machines and is open for public use and participation.
ANIMAL FEEDLOTS. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS.
ANIMAL KENNEL. Any place where three or more domestic animals of one type, over six months of age, are commercially kept, sold, boarded, bred or exhibited, except hospitals, clinics and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
ANIMAL SHELTER. A fully enclosed building where domestic animals are cared for on a temporary basis. Boarding, grooming, kenneling or similar activities of animals other than those surrendered or impounded shall not be permitted.
ANIMALS, FARM. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as FARM ANIMALS in the state.
ANIMALS, HOUSE PETS. Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure) and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals.
APPLICANT. The owner, his or her agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed.
AQUIFER RECHARGE AREAS. All land surface areas, which by nature of its surface and/or subsurface soil characteristics, are determined to contribute to the replenishment of subsurface water supplies.
ARCHITECTURAL CONTROL. Public regulation of the design of private buildings to develop, preserve or enhance the attractiveness or character of a particular area or individual buildings.
AREA IDENTIFICATION SIGN. A freestanding sign identifying the name of a single- or two-family residential subdivision consisting of 20 or more lots; a residential planned unit development; a multiple residential complex consisting of three or more independent operations; a single business consisting of three or more separate structures; a manufactured home park; or any integrated combination of the above. The sign shall only identify an area, complex or development and shall not, unless approved by the City Council, contain the name of individual owners or tenants. The sign may not contain advertising.
ASYMMETRIC BALANCE. A dissimilar yet harmonious composition of numerous similar or complementary forms. The composition shall reflect the local context, site conditions or building function.
AUTOMOBILE REPAIR (MAJOR). 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.
AUTOMOBILE REPAIR (MINOR). Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under the definition of AUTOMOBILE REPAIR (MAJOR).
AUTOMOBILE SALES. The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use.
AUTOMOBILE SERVICE STATION. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.
AUTOMOBILE WRECKING, REDUCTION YARD OR JUNKYARD. Any place where three or more vehicles not in running condition and/or not 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 motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles or merchandise.
AWNING. A hood or cover projecting from the wall of a building, and which can be retracted, folded or collapsed against the face of a supporting building.
AXIAL SYMMETRY. A formal organization which balances equal elements and features around a vertical plane common in classified revival and colonial style buildings.
BANNER. An attention getting device which resembles a flag and is of a paper, cloth or plastic-like consistency.
BASE OF FACADE. The most public part of the building, featuring a larger glass area and often emphasizing its horizontal dimension.
BASEMENT. The portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. See definition of STORY.
BED AND BREAKFAST HOME. An owner occupied residential structure where one to five rooms are rented on a nightly basis to guests and breakfast is included in the price of the room. Meals may be provided to guests only.
BED AND BREAKFAST INN. An owner/manager occupied building where up to 15 rooms are rented on a nightly basis to guests and breakfast is included in the price of the room. Meals may be provided to guests only.
BENCH SIGN. A sign affixed to a bench such as at a bus stop.
BERM. A landscaped mound of earth used to separate incompatible uses, screen off-site views of developments, mitigate noise impacts and create aesthetic interest.
BILLBOARD. An advertising sign.
BLUFF IMPACT ZONE. All land located between the toe and the top of the bluff and the land located within 30 feet measured horizontally beyond the highest point of the top of the bluff and 30 feet measured horizontally beyond the lowest point of the toe of the bluff.
BLUFF, TOE OF THE. The lower point of a 50-foot segment with an average slope exceeding 18%.
BLUFF, TOP OF THE. The higher point of a 50-foot segment with an average slope exceeding 18%.
BLUFF. A natural topographic feature such as a hill, cliff or embankment having the following characteristics:
(1) The slope rises at least 25 feet above the toe of the bluff;
(2) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30% or greater; and
(3) An area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the bluff.
BLUFFLINE. A line along the top of a slope connecting the points at which the slope becomes less than 13%.
BOARDING (HOUSE) HOME, FOSTER CHILDREN. A family dwelling where children out of their own homes are cared for.
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.
BOARDING 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 BOARDING ROOM.
BOATHOUSE. A structure designed and used primarily for the storage of boats or boating equipment.
BODY PIERCING. Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone or other foreign material on any area for cosmetic purposes.
BOULEVARD. The portion of the street right-of-way between the curb and the property line.
BUFFER. The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING FACADE. The portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
BUILDING FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use.
BUILDING HEIGHT. The vertical distance measured from the established grade level at the building and the highest point of a flat roof or the average height of the highest gable of a pitched or hip roof.
BUILDING LINE. A line parallel to a lot line or the ordinary high-water level at the required setback beyond which a structure may not extend.
BUS SHELTER. A small, roofed structure having from one to three walls, located near a street and designed primarily for the protection and convenience of bus passengers.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
BUSINESS SIGN. Sign identifying a business or group of businesses, either retail or wholesale, or any sign identifying a profession or used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located.
CAMPAIGN SIGN. A temporary sign promoting the candidacy of a person running for governmental office, or promoting an issue to be voted on at a governmental election.
CAMPGROUND. An area accessible by foot or vehicle and containing campsites or camping spurs for tent and trailer camping.
CANOPY. An accessory roof-like structure, which is either attached to or detached from an allowable primary building; which is open on all sides, other than where attached; and, which is located over and designed to provide cover for entrances, exits, walkways and approved off-street vehicle service areas.
CANOPY SIGN. Message or identification affixed to a canopy or marquee that provides a shelter or cover over this approach to any building entrance.
CARPORT. An automobile shelter having one or more sides open continuously.
CELLAR. The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
CEMETERY. A parcel or tract of land used or intended to be used for the burial of the dead including columbariums, crematories, mausoleums and mortuaries when operated within the boundaries of the cemetery.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CITY ATTORNEY. The person designated by the City Council to be the City Attorney for the City of Cannon Falls.
CITY BUILDING OFFICIAL. The person designated by the City Council to be the City Building Official for the City of Cannon Falls.
CITY COUNCIL. The governing body for the City of Cannon Falls.
CITY ENGINEER. The person designated by the City Council to be the City Engineer for the City of Cannon Falls.
CLEAR-CUTTING. The removal of an entire stand of trees.
CLUB or LODGE. A nonprofit association of persons who are bona fide members paying annual dues, with the use of premises being restricted to members and their guests for receptions, social recreation and other gatherings.
COMMERCIAL EQUIPMENT. Any equipment, including trailers, used for the alteration, demolition, construction, maintenance or excavation of a building, structure or property.
COMMERCIAL RECREATION. An establishment that provides an amusing or entertaining activity to the general public. COMMERCIAL RECREATION ESTABLISHMENTS include, but are not limited to, health clubs, skating rinks, water slides and other amusement rides, firearm ranges, miniature golf courses, arcades, bowling alleys, race tracks, billiard halls and similar uses. COMMERCIAL RECREATIONAL USES may be further distinguished as indoor or outdoor uses.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.
COMMERCIAL VEHICLE. A vehicle used for commercial purposes either greater than eight feet in height or greater than 22 feet in length, including, but not limited to, boom trucks, cargo trucks, dump trucks, farm implements, fire trucks, ambulances, limousines, hearses, semi-tractor trailers, tank trucks and tow trucks.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
COMMON OPEN SPACE. Any open space including parks, nature areas, playgrounds, trails and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs, including air space and subsurface areas necessary for mined underground space development as pursuant to state statutes, and may include, but is not limited to, the following: statements of policies; goals; standards; a land use plan; a community facilities plan; park/trail/recreation plan; a transportation plan; stormwater management plan; sanitary sewer and water system plan; and recommendations for plan execution.
CONCRETE MASONRY UNIT (CMU). A masonry unit made of portland cement, water and mineral aggregates, formed into a rectangular prism. These units are offered in various face designs including, but not limited to, split or rock face block, split scored, fluted, ribbed and ground face. CMUs are manufactured under controlled conditions and are typically available in a variety of colors.
CONDITIONAL USE. A use which, because of special problems of control the use presents, 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 Comprehensive Plan.
CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in this chapter, 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-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the State Condominium Law, M.S. §§ 515.01 through 515.29, as they may be amended from time to time.
CONSTRUCTION SIGN. A sign at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.
COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. Chapter 515B, as they may be amended from time to time. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
COURT. An unoccupied open space other than a yard which is bounded on two or more sides by the walls of buildings.
COURTYARD ORGANIZATION. Grouping of buildings to help define usable outdoor space.
CUT-OFF TYPE LUMINAIRE. A luminaire with elements such as shields, reflectors or refractor panels which direct and cut-off the light at a cut-off angle less than 90 degrees.
CUTOFF. The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated at a specific angle above the ground.
CUTOFF ANGLE. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted. See Figure 1 below.
Figure 1. Cut Off Angle
CUTOFF TYPE LUMINAIRE. A luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than 90 degrees.
DAYCARE FACILITY. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. DAYCARE FACILITIES include, but are not limited to, family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs and other "nonresidential programs" as defined by M.S. § 245A.02, Subdivision 10, as it may be amended from time to time.
DECK. Horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending above grade.
DENSITY. The number of dwelling units per gross acre of land.
DENSITY, NET. The number of dwelling units per buildable acres of land.
DEPOSIT. Any rock, soil, gravel, sand or other material deposited naturally or by humans into a waterbody, watercourse, floodplains or wetlands.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any land disturbance and any use or extension of the use of land.
DIRECTIONAL SIGN. A sign erected with the address and/or name of a business, institution, church or other use or activity plus directional arrows or information on location.
DIRECTORY SIGN. An exterior informational wall sign identifying the names of businesses served by a common public entrance in a shopping center or office building.
DISTRIBUTION LINES. All those wires, poles and appurtenant equipment used to carry electricity, generally rated below 115 kV, located between a customer and a transmission line.
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.
DOWNTOWN. The area of the city included in the Downtown Design Overlay District.
DRAINING. The removal of surface water or ground water from land.
DREDGING. To enlarge or clean out a waterbody, watercourse or wetland.
DRIVE-THROUGH FACILITY. An establishment (principal or accessory use) at which patrons may purchase products or receive service without having to leave their motor vehicle (and enter a building).
DUPLEX. A two-family dwelling with one unit above the other.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels, boardinghouses, bed and breakfast, mobile homes or trailers.
DWELLING, EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.
DWELLING, ELDERLY (SENIOR CITIZEN) HOUSING. A public agency owned or controlled multiple dwelling building with open occupancy limited to persons over 55 years of age.
DWELLING, MULTIPLE-FAMILY (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, NURSING HOME. A state licensed facility or that part of a facility which provides nursing care pursuant to M.S. Chapter 144A.01, as it may be amended from time to time.
DWELLING, QUADRAMINIUM. A single structure which contains four separately owned dwelling units, all of which have individually separate entrances from the exterior of the structure.
DWELLING, SINGLE-FAMILY. A dwelling unit designed exclusively for and occupied exclusively by one family.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING, TOWNHOUSE. A structure housing three or more dwelling units contiguous to each other only by the sharing of one or more common walls with each unit having a separate entrance/exit, the structure to be of the townhouse or row house type as contrasted to multiple-family dwelling apartment structures.
DWELLING, TOWNHOUSE, DETACHED. A structure having the characteristics of a multiple unit townhouse structure that has been separated into single-dwelling units at the common side wall, typically with structure dimensions that have a narrow front and deep side walls and are typically without windows or features on at least one of the side walls.
DWELLING, TWO-FAMILY. A structure designed exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers.
EARTH BERM (HOUSE CONSTRUCTION). An earth covering on the above grade portions of the building walls.
EARTH SHELTERED BUILDING. A building so constructed that 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in nonresidential buildings. An EARTH SHELTERED BUILDING is a complete structure that does not serve just as a foundation or substructure for above grade construction. A partially covered building shall not be considered EARTH SHELTERED.
EASEMENT. A grant by a property owner to and/or for use by the public or other entity for the purpose of constructing and maintaining streets, trails, sidewalks, drives and/or utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainageways and gas lines.
EASEMENT, DRAINAGE. A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining streets, trails, sidewalks, drives and/or utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
ENGINEER. An electrical, mechanical, civil or other professional engineer licensed by the state.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that floodplain land on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by private or public utilities or municipal departments of underground telephone, gas, electrical, communication, waste or water transmission, distribution, collection, supply or disposal systems, including water towers, wells, poles, wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, accessories and related structures in connection therewith for the furnishing of adequate service by private or public utilities or municipal departments. ESSENTIAL SERVICES shall not include waste facilities or personal wireless service antennas or support structures.
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time, exceeding 50 square feet or an area of two feet in depth or greater.
FACADE. The main exterior face of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY. An individual or two or more persons each related to the other by blood, marriage, adoption, domestic partnership or foster care or a group of not more than three persons not so related maintaining a common household and using common cooking/kitchen and bathroom facilities.
FARM. A tract of land of more than ten acres in size usually with a house and barn plus other buildings on which crops and often livestock are raised.
FARM, HOBBY. A tract of land with a house and accessory buildings on which crops and often livestock are raised but not as a principal source of income.
FARMERS MARKET. An outdoor, public and recurring assembly of farmers/ranchers/growers or their representatives selling the food of plants that they produced (including but not limited to fruit, vegetables, meats, cheeses, bakery products, jams/jellies, and flowers/plants/seedlings) directly to consumers.
FARMING. Process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings, related to operating the farm and the keeping of common domestic farm animals.
FENCE. Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.
FENCE, BOUNDARY LINE. All fences located within five feet of a property line.
FENCE, INTERIOR YARD. All fences located five feet from a property line.
FENESTRATION. The design and placement of windows in a building.
FILLING. The act of depositing any rock, soil, gravel, sand or other material so as to fill a waterbody, watercourse or wetland.
FLASHING LIGHT. A light source which is not constant in intensity or color at all times while in use.
FLASHING SIGN. An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated.
FLOOD. A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, the estimates are designated "exceedence frequency," but in practice the term "frequency" is used. The frequency of a particular stage of discharge is usually expressed as having a probability of occurring once within a specific number of years.
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
FLOOD PROFILE. A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production of processing of goods or to business or professional offices. However, the FLOOR AREA shall not include basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices. The FLOOR AREA of a residence shall not include the cellar area.
FOOT CANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FORESTRY. The use and management, including logging, of a forest, woodland or plantation and related research and educational activities including the construction, alteration or maintenance of wood roads, skidways, landings and fences.
FREESTANDING SIGN. Self-supported sign not affixed to another structure.
FRONTAGE. The boundary of a lot which abuts an existing or dedicated public street or private drive.
GARAGE, PRIVATE (RESIDENTIAL). An accessory building or accessory portion of the principal building which is primarily intended for and used to store passenger vehicles and trucks (not exceeding 12,000 pounds gross weight) owned and operated by a resident upon the premises.
GARAGE, PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles or where any vehicles are kept for remuneration or hire.
GARDEN SUPPLY STORE. A place of business where retail and wholesale products and produce are sold to the retail customer. These centers import the majority of the items sold. These items may include soils, wood chips, decorative rock, brick, retaining wall block, plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoses, rakes, shovels and other garden and farm tools and utensils.
GENERAL DEVELOPMENT (GD). Large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common. The larger examples in this class can accommodate additional development and use.
GLARE. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
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.
GREEN AREA. Land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.
GREENHOUSE. An enclosed building, permanent or portable, which is used for the growing of small plants.
HOME OCCUPATION. Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of the premises.
HOME OFFICE. A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and which does not involve the on-site sale of products or client/patron site visitations.
HOSPITALITY BUSINESS. An establishment offering transient lodging accommodations on a daily rate to the general public, leasable events, meeting or conference facilities and exhibition halls or other uses of similar character including hotels, motels, convention facilities and hospices.
HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
HOUSE PET ENCLOSURE. Any accessory building or portion thereof, accessory structure or area of any kind, including, without limitation, pens, runs, kennels and pet houses, that is principally used or designed for use as a place for keeping house pets. An electronic pet containment system is not considered a HOUSE PET ENCLOSURE.
HUMAN SCALE. Suggests designing with the pedestrian in mind rather than the automobile. HUMAN SCALE is derived from a building's architectural details and elements whose size people are familiar with.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IDENTIFICATION SIGN. A sign which identifies the business, owner, manager, resident or address of the premises where the sign is located and which contains no other material.
ILLUMINATED SIGN. A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source.
IMPERVIOUS SURFACE. An artificial or natural surface through which water cannot easily penetrate.
IMPERVIOUS SURFACE COVERAGE. Any surface impervious or resistant to the free flow of water or surface moisture. IMPERVIOUS COVER shall include, but not be limited to, all paved driveways and parking areas, tennis courts, sidewalks, patios and swimming pools. Open decks and stairways, which are 50% or more open surface, shall not be counted as IMPERVIOUS COVER, provided they are installed over a permeable surface. Gravel or rock surfaces shall be counted as 50% impervious, provided they are installed over a permeable surface.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A sewage treatment system or part thereof, serving a dwelling, building, structure or other establishment, or group thereof and using sewage tanks or advanced treatment followed by soil treatment and disposal. An INDIVIDUAL SEWAGE TREATMENT SYSTEM includes holding tanks.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INFORMATIONAL SIGN. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. Gas price and menu board signs are INFORMATIONAL SIGNS and shall not be included in calculating the size limitations imposed within the respective zoning district.
INSTITUTIONAL SIGN. A sign identifying the name and other characteristics of a public or semi-public institution on the premises where the sign is located.
INTEGRAL SIGN. 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.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.
INTERIM USE PERMIT. A permit issued in accordance with procedures specified in this chapter, as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.
INTERLOCK. The painted line or a barrier in a parking lot that separates two facing rows of parking from one another.
INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.
ISLAND. In parking lot design, built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signing or lighting.
ITALIANATE ARCHITECTURAL STYLE. An architectural style inspired by rural Italy and introduced to the United States by way of England. This style is characterized by the following elements:
(1) Asymmetrical building massing;
(2) "Boxy" or "square" building character;
(3) Extensive use of ornamental brackets;
(4) Round-headed windows;
(5) Cast iron ornamentation in store fronts and over windows;
(6) Building heights of two to three and one-half stories; and
(7) Elongated windows.
JUNKYARD. An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. JUNKYARD includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. JUNKYARD does not include sanitary landfills.
LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.
LAND SURVEYOR. Persons licensed by the state as a land surveyor.
LANDSCAPING. Plantings such as trees, grass and shrubs.
LIGHT INDUSTRIAL USE. A comparatively less intensive industrial use of land or buildings including the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
LIGHT SOURCE. A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum.
LIQUOR SALES, OFF-SALE. Licensed sale of intoxicating beverages for consumption off site.
LIQUOR SALES, ON-SALE. Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased.
LOADING SPACE (OFF-STREET). A formally delineated space, area or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.
LODGING ROOM ESTABLISHMENTS. An establishment that provides short-term sleeping and living quarters for the exclusive use of its guests with at least one, but no more than five, lodging rooms available within the structure.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with 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 principal frontage on a public street.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT AREA, MINIMUM (LOTS OF RECORD AND PRELIMINARY PLATTED LOTS HAVING LEGAL STANDING PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER). Except as may be otherwise required by this chapter, the area of a horizontal plane within the lot lines.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling or quadraminium subdivision.
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 COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures but not including uncovered porches, decks, ground level landings, landscape structures or recreational facilities.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.
LOT, FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the LOT FRONTAGE is the widest boundary abutting a street. In areas where a lot has two or more boundaries of equal length that abut a public street, the Zoning Administrator shall determine the LOT FRONTAGE based upon the character of the area.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment.
LOT INTERIOR. A lot, other than a corner lot, including through or double frontage lots.
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 right-of-way.
LOT LINE, FRONT. The lot line separating a lot from the street right-of-way along the lot frontage.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines.
LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear lot lines.
LOT OF RECORD. A parcel of land, whether subdivided and/or otherwise legally described and recorded or approved by the city as a lot subsequent to that date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and open spaces as required by this chapter and having its principal frontage upon a street.
LOT, SUBSTANDARD. A lot or parcel of land which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
LOT, THROUGH. A lot fronting on two parallel streets. Also defined as a DOUBLE FRONTAGE LOT.
LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivisions of a two-family dwelling or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district.
LOT, WIDTH. The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the front setback line. For cul-de-sac lots, LOT WIDTH shall mean the minimum required horizontal distance between the side lot lines, measured along a straight line at the midpoint of the front setback line.
LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
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 of State and complies with the standards established under M.S. Chapter 327, as it may be amended from time to time.
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. All manufacture, 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. These uses include, but are not limited to, sawmills, refineries, commercial feedlots, acid, cement, explosives, flour, feed and grain milling or storage, meat packing, slaughter houses, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, alcoholic beverages, poisons, exterminating agents, glue, lime, gypsum, plaster of paris, tanneries, automobile parts, paper and paper products, glass, chemicals, crude oil and petroleum products including storage, electric power generation facilities, foundry forge, casting of metal products, rock, stone and cement products.
MARQUEE. A canopy.
MASSAGE THERAPY (THERAPEUTIC).
(1) The process by which a practitioner applies massage therapy techniques and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body.
(2) Adjunctive therapies may include:
(a) Application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs;
(b) The use of mechanical devices and tools which mimic or enhance manual actions; and
(c) Instructed self-care and stress management.
(3) MASSAGE THERAPY shall not include techniques traditionally practiced by chiropractors.
MEDIAN ISLAND. A barrier placed between lanes of traffic.
MENU BOARD. A sign containing a food price list for restaurant customers, but containing no advertising or identification.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
MINERALS. Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.
MINING. All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
MIXED MUNICIPAL SOLID WASTE. Garbage, refuse and other solid waste from residential, commercial, industrial and community activities that the generator of the waste aggregates for collection, 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.
MODEL HOME. A home which is similar to others in a development and which is open to public inspection for the purpose of selling the other homes.
MODULATION. The relationship of bays and building widths to building height.
MOTION SIGN. Any sign which revolves, rotates, has moving parts or gives the illusion of motion.
MOTOR FREIGHT TERMINAL (TRUCK TERMINAL). A building in which freight brought by motortruck is assembled and sorted for routing in intrastate and interstate shipment.
MOTOR FUEL STATION. A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff.
NONCOMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
NONCONFORMING STRUCTURE OR USE, ILLEGAL. A structure or use that has been established in a manner that does not conform to the applicable conditions required by the regulations in place at the time the structure or use was established.
NONCONFORMING STRUCTURE OR USE, LEGAL. Any lawfully established structure or use which following the effective date of this chapter does not conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
NONPROFIT ORGANIZATION. A corporation formed under M.S. Chapter 317A, as it may be amended from time to time, a church or community or civic group.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY. Described as follows:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
NURSERY, COMMERCIAL. A business involving retail sales of trees, flowering and decorative plants and shrubs for purposes of transplanting which may be conducted within a building or without.
NURSERY, WHOLESALE. An enterprise which conducts exclusively wholesale sale of plants grown on the site to retailers and jobbers. The only accessory items allowed are pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, shovels and other hand held tools, but not including power tools or equipment such as gas or electric lawn mowers and farm implements.
OBSTRUCTION. Any storage of material or equipment, any dam, 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 PARKING SPACE. A temporary storage area for a motor vehicle that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way.
OFFICE BUSINESS CLINIC. An establishment located within a building or portion of a building providing out-patient health services to patrons, including general medical clinics, mental health providers, chiropractors, dentists, orthodontia, oral surgeons, opticians and other uses of similar character.
OFFICE BUSINESS GENERAL. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations including attorneys, financial advisors, insurance, travel, real estate and other uses of similar character.
ON-STREET PARKING SPACE. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
OPACITY. Degree of obscuration of light.
OPEN SALES LOT (EXTERIOR STORAGE). Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include complementary structures and improvements as are necessary and appropriate.
OPEN SPACE, GREEN. An open space area not occupied by any structures or impervious surfaces.
OPEN SPACE, PUBLIC. Any open space publicly owned.
OPEN SPACE RATIO. Total area of open space divided by the total site area in which the open space is located.
OPEN SPACE. Open areas including parks, nature areas, playgrounds and trails.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to have evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel.
ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER MARK is not evident, setbacks shall be measured from the stream bank of the following waterbodies that have permanent flow or open water; the main channel, the adjoining side channels, backwaters and sloughs.
OUTDOOR LIGHTING. Any light source or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground or located on freestanding poles.
OUTDOOR LIGHT FIXTURE. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. The devices shall include, but are not limited to, search, spot and flood lights for:
(1) Buildings and structures;
(2) Recreational areas;
(3) Parking lot lighting;
(4) Landscaping lighting;
(5) Signs;
(6) Street lighting;
(7) Product display area lighting; and
(8) Building overhangs and open canopies.
OUTLOT. A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or, a parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities, stormwater ponding or other similar purposes.
OVERBURDEN. The earth, rock and other materials that lie above a natural deposit of mineral.
PARAPET. A low wall which is located on a roof of a building.
PARK. A tract of land, designated and used by the public for active and passive recreation.
PARKING ACCESS. The area of a parking lot that allows motor vehicles ingress and egress from the street.
PARKING AREA. Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
PARKING BAY. The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.
PARKING RAMP. A structure designed and used for the storage of motor vehicles at, below and/or above grade.
PARKING SPACE. An area enclosed in the principal building, in an accessory building or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public or private street, alley or driveway permitting satisfactory ingress and egress of the motor vehicle.
PAVEMENT.
(1) Brick, stone, concrete or asphalt placed on the surface of the land; and
(2) The part of a street having an improved surface.
PERIMETER LANDSCAPED OPEN SPACE. A landscaped area intended to enhance the appearance of parking lots and other outdoor auto related uses or to screen incompatible uses from each other along their boundaries.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind. PERSON also means an adult who is disabled by reason of mental retardation, mental illness, chemical dependency or physical handicap and a child, whether disabled or not, as defined by M.S. § 245A.02, Subdivision 4, as it may be amended from time to time.
PERSONAL SERVICE. Includes the following: barber shops; beauty salon; electrolysis; manicurist; tanning parlor; physical therapy; therapeutic massage; and tattooing.
PERSONAL WIRELESS SERVICE. A device consisting of metal, carbon fiber or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.
PET SHOP. A place kept or maintained for the exhibition for sale or sale or purchase of live dogs, cats, rabbits or other small animals or any birds, reptiles or fish. PET SHOPS may include incidental animal grooming and adoption activities, but not animal hospitals, veterinary clinics or places selling live bait for fishing.
PLANNED UNIT DEVELOPMENT.
(1) As a conditional use permit, a development procedure whereby internal site design standard deviations from this chapter may be allowed in order to accommodate improved site design and operation.
(2) As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this chapter and/or whereby internal site design standard deviations from this chapter may be allowed to improve site design and operation.
PLANNING COMMISSION. The City Planning Commission.
PLAZA. An open space which may be improved and landscaped; usually surrounded by streets and buildings.
POLYGON. A closed plane figure with four or more sides.
PORCH. A covered entrance to a building, usually with a separate roof.
PORTABLE SIGN. A sign designed to be movable from one location to another and which is not permanently attached to the ground, sales display device or structure.
PRINCIPAL USE/BUILDING. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted, interim, conditional or allowed by administrative permit.
PROJECTING SIGN. A sign, other than a wall sign, which is affixed to a building and perpendicular from the building wall.
PUBLIC AREAS. Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; scenic and historic sites; schools and other public buildings and structures.
PUBLIC ENTRANCE. Passage or opening which affords entry and access to the general public.
PUBLIC ENTRANCE, COMMON. A public entrance providing access for the use and benefit of two or more tenants or building occupants.
PUBLIC USES AND LANDS. Uses or properties owned or operated by municipal, school districts, county, state or other governmental units.
PUBLIC UTILITY MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the support structure thereof.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as they may be amended from time to time.
PUBLIC WATERS, NATURAL ENVIRONMENT. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high-water tables, exposed bedrock and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
PUBLIC WATERS, RECREATIONAL DEVELOPMENT. Generally medium-sized lakes of varying depths and shapes with a variety of landform, soil and ground water situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreational- oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.
PUBLIC WATERS, TRIBUTARY RIVERS. Segments consisting of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.
PUBLICATION. Notice placed in the official city newspaper stating time, location and date of meeting and description of the topic.
QUEEN ANNE ARCHITECTURAL STYLE. An architectural style introduced to the United States by England. This style is characterized by the following elements:
(1) Brick work combined with painted wood work or blond limestone detailing;
(2) Bay windows, often stacked above one another;
(3) Corner towers;
(4) Asymmetrical storefronts;
(5) Recessed entrances.
(6) Polychrome exterior paint schemes; and
(7) Vertical building emphasis.
RADIO AND TELEVISION, BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming and including the support structure thereof.
RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television or electromagnetic waves, and including the support structure thereof.
READER BOARD. A sign with an electronic changing message.
REAL ESTATE SIGN. A business sign placed upon property advertising that particular property for sale or rent.
RECREATION, FIELD OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATION FIELD OR BUILDING for the purpose of this chapter.
RECREATIONAL BUSINESS. An establishment designed and equipped to conduct sports and leisure time activities. RECREATIONAL BUSINESSES shall include, but not be limited to, arcades, health clubs, gymnasiums, bowling alleys, billiard (pool) halls, dance halls, dance studios, skating rinks, theaters and indoor firearm ranges.
RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly or longer basis for the accommodation of tents or recreational camping vehicles free of charge or for compensation.
RECREATIONAL EQUIPMENT. Includes, but is not limited to, operable and licensed, as required by state law, house trailers including those which telescope or fold down, chassis mounted campers, house cars, motor homes, tent trailers, slip in campers, converted buses, converted vans, snowmobiles, boats and trailers. House trailers, chassis mounted campers, house cars, motor homes, tent trailers, slip in campers, converted buses and converted vans are units designed and used for human living quarters and meeting the following qualifications:
(1) Are not used as the residence of the owner or occupant;
(2) Are used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and
(3) Are self-propelled or towed on the public streets or highways incidental to the recreational or vacation activities.
RECYCLABLE MATERIAL. Materials that can be readily separated from mixed municipal solid waste for the purpose of recycling, including, but not limited to, paper, glass, plastics, metals, automobile oil and batteries. RECYCLABLE MATERIALS that have been separated from the waste stream, processed and sold or given away for reuse are no longer considered waste.
REGIONAL. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year reoccurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.
RELIGIOUS INSTITUTION. A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
RESIDENTIAL FACILITY, STATE LICENSED. Any program, defined by M.S. § 245A.02, Subdivision 14, as it may be amended from time to time, that provides 24 hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the Commissioner of the Department of Human Services to provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the Commissioner of the Department of Human Services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under M.S. § 254B, as it may be amended from time to time. Residential programs include home and community-based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home.
RESIDENTIAL SHELTER. A facility providing short-term housing, food and protection for individuals, not including state licensed residential care facilities, community correctional facilities, daycare facilities, hotels, motels or nursing homes.
RESTAURANT. An establishment that serves food in individual servings for consumption on or off premises, including sit down restaurants, take out, pick up or delivery food sales, but not including drive through facilities. Outdoor dining areas and drive through facilities may or may not be allowed in each zoning district. They are not automatically allowed when a RESTAURANT is an allowable use.
RETAIL BUSINESS. An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building excluding any exterior display and sales.
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
ROOF LINE. The top of the coping or, when the building has a pitched roof, the intersection of the outside wall with the roof.
ROOF SIGN. Sign erected, constructed or attached wholly or in part upon or over the roof of a building.
ROOFS.
SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. The device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the support structure thereof.
SATELLITE DISH HEIGHT. The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna.
SCHOOL. A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state and not providing residential accommodations.
SCHOOL, PRIVATE. Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state for elementary school, middle school (junior high school), secondary (senior high school) or higher education and which use does not secure the major part of its funding directly from any governmental source.
SCHOOL, PUBLIC. Any building or group of buildings, the use of which meets compulsory education laws of the state for elementary school, middle school (junior high school), secondary (senior high school) or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another structure or use from another by fencing, walls, berms or densely planted vegetation.
SECURITY LIGHTING. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property.
SEMINUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.
SERVICE BUSINESS, OFF-SITE. A company that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services and other uses of similar character.
SERVICE BUSINESS, ON-SITE. An establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive through facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops and travel bureaus.
SETBACK. The minimum horizontal distance between the foundation wall of a structure and the property line nearest thereto. Within Shoreland Districts, it shall also mean the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other constructions, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically 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 the depicting or describing of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED BOOKSTORE, SEXUALLY ORIENTED VIDEO STORE OR SEXUALLY ORIENTED 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:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
SEXUALLY ORIENTED CABARET. A nightclub, bar, restaurant or similar commercial establishment which features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
(3) Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED CONVERSATION/RAP PARLOR. A conversation/rap parlor 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 the service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED MASSAGE PARLOR. A massage parlor which excludes minors by reasons of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, 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;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
SEXUALLY ORIENTED MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED SAUNA. A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, 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."
SEXUALLY ORIENTED THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
SEXUALLY ORIENTED USES. Uses which include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at 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. Activities classified as OBSCENE as defined by M.S. § 617.241, as it may be amended from time to time, are not included.
SEXUALLY ORIENTED USES, ACCESSORY. The offering of retail goods for sale which are classified as sexually 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 these items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties and the like.
SEXUALLY ORIENTED USES, PRINCIPAL. The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment.
SHAFT. One or more floors above the shop front, usually used for less public kinds of activities, featuring less window area than the ground floor and emphasizing its vertical dimension.
SHIELDING. A technique or method of construction permanently covering the top and sides of a light source by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture. See Figure 2 below.
Figure 2. Shielding
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SHORT-WAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the support structure thereof.
SIDEWALK. A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGHT TRIANGLE. A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGN. Use of words, numerals, figures, devices or trade marks by which anything is made known such as individuals, firms, professionals, businesses, services or products and which is visible to the general public.
SIGN AREA. The area within the marginal lines of the surface of a sign which bears the advertisement or, in the case of messages, figures or symbols attached directly to a building or sign structure, that area which is included in the smallest rectangle or series of geometric figures used to circumscribe the message, figure or symbol displayed thereon.
SIGN, MAXIMUM HEIGHT OF. The vertical distance from the grade to the top of the sign.
SIGN STRUCTURE. The supports, uprights, bracing and framework for a sign including the sign area.
SIGN; AREA IDENTIFICATION. A freestanding sign which identifies the name of an office or business structure containing three or more structures or an office or business structure containing three or more independent operations.
SIGN; AWNING CANOPY OR MARQUEE SIGN. A written or graphic message, identification or advertisement, as part of or permanently or semi-permanently affixed to an awning, canopy, marquee or other similar device. Where lighting is incorporated with the awning, canopy or marquee, the apparatus shall not be construed as a sign exclusive of the area physically designed to form the message, identification or advertisement thereto.
SIGN; DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. The display of current fuel prices for permitted motor fuel stations is not considered to be a DYNAMIC DISPLAY SIGN.
SIGN; FLASHING. An illuminated sign upon which the artificial light is not kept constant in intensity or color when the sign is in use or any sign which by mechanical means appears to simulate a flashing sign.
SIGN; FREESTANDING. Any sign supported by structures or supports that are placed on or anchored in, the ground and that are independent from any building or other structure.
SIGN; HOLIDAY SIGNS. A holiday sign shall be defined as decorations and/or messages which recognize an official national, state or local holiday or community festival.
SIGN; ILLUMINATED. Any sign which has characters, letters, design or outlines illuminated by artificial light direct to or from the interior of the sign.
SIGN; MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of the sign.
SIGN; MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign.
SIGN; MONUMENT. A block-type sign structure not supported by poles or braces, but rather placed directly on the ground.
SIGN; PORTABLE. Any temporary sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels, signs converted to A or T frames and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless a vehicle is used in the normal day to day operations of the business.
SIGN; PROJECTING. Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond the building or wall.
SIGN; PYLON. A freestanding sign mounted on top of a single post which is greater than ten feet in height.
SIGN; ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building.
SIGN; SANDWICH BOARD. Two boards with messages, hinged at the top and used on sidewalks or yards for advertising.
SIGN; SNIPE. Sign(s) of any material whatsoever that is painted on or attached in any way to a utility pole, tree, rock or any object located or situated on public or private property.
SIGN; TEMPORARY. A sign erected or displayed for a specified period of time and is not permanently mounted.
SIGN; WALL. Any sign attached parallel to a wall, painted on the wall surface or which projects less than 15 inches from the surface at all points of the building or structure, and which displays only one sign surface.
SIGN; WALL GRAPHIC. A sign which is painted directly on an exterior wall.
SIGN; WINDOW. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or within 36 inches of a window or upon the window panes or glass and is visible from the exterior of the building.
SLOPE. The degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees.
SPECIFIED ANATOMICAL AREA. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1)(b)1. through (1)(b)3. above of this definition.
SPILLAGE. Any reflection, glare or other artificial light that emits onto any adjoining property or right-of-way and is above a defined maximum illumination.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil; characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STORAGE, OUTDOOR. Storage of any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street rights-of-way.
STOREFRONT BUILDING. A commercial building located at the street line, with display windows and principal entry on the ground floor facing the sidewalk. STOREFRONT BUILDINGS typically include traditional elements such as a sign band above the storefront, a transom, a recessed entry and a kick plate as a base to the storefront.
STORY. The portion of a building including beneath the upper surface of a floor and upper surface of 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 basement or cellar, or unfinished under floor space is more than six feet above "grade" as defined herein for more than 50% of the total perimeter or is more than 12 feet above "grade" as defined herein at any point, the basement, cellar or unused under floor space shall be considered a STORY.
STREET. A public right-of-way which affords primary means of access to abutting property and shall also include an avenue, highway, road or way or however otherwise designated.
STREET, ARTERIAL. A street which is the major interconnection within a community transportation system providing major access routes within the community and its environs.
STREET, COLLECTOR. A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
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 or more frontages.
STREET FURNITURE. Human-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths.
STREET, LOCAL. A street intended to serve primarily as an access to abutting properties.
STREET PAVEMENT. The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH. The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE. 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.
SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of antennas.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of this use.
TATTOO (TATTOOING). Any method of placing designs, letters, scrolls, figures, symbols or any other mark upon, under or in the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree.
TEMPORARY COMMERCIAL STRUCTURE. A structure used on a temporary basis for an occupation, employment, or enterprise that is carried on by the owner, lessee or licensee.
TEMPORARY MOBILE. Any mobile tower, pole or structure located on a trailer, vehicle or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW).
TEMPORARY SIGN. A sign erected or displayed for a specified period of time.
TEMPORARY STRUCTURE. A structure not permanently erected on a site with a foundation that is used for emergency purposes or used on a construction site for offices and equipment storage during construction of a permanent structure.
TOWER. A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term ANTENNA TOWER shall not include amateur radio operators' equipment, as licensed by the FCC.
TRADITIONAL BUILDING. Typically, a one- or two-story storefront building, as defined above. Other buildings may be considered traditional for the purpose of these guidelines based on their age, architectural character or associations with persons or events important to the city's history.
TRAILER, SEMI-TRACTOR. A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor or towing vehicle and which is used for the purpose of, but not limited to, storage, transportation of freight, or holding freight for sale or lease.
TRANSIT STATION. A building or area which serves as a regular stopping place for buses and/or other forms of urban public transportation.
TRANSMISSION LINE. Those high capacity conductors generally rated 115 kV and above and associated structures which are used to carry electricity from points of generation to distribution points such as substations and distribution lines.
TRANSPARENT or OPAQUE. Addresses how easy it is for pedestrian passersby to see the activity within a shop. TRANSPARENT SHOPS serve better to attract people into the shop, while OPAQUE STOREFRONT represent a break in the retail continuity.
TRUCK STOP. Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted including the dispensing of motor fuel, the sale of accessories or equipment for trucks and similar commercial vehicles. A TRUCK STOP may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses.
TRUCK TERMINAL. A building or area in which freight brought by truck is assembled and/or temporarily stored for re-routing or re-shipment. The terminal facility may also include storage and/or parking areas for truck tractor and/or trailer units.
TWINHOME. A two-family dwelling with two units side-by-side.
UNDUE HARDSHIP. The same as that term is defined in M.S. Chapter 462.357, as it may be amended from time to time, meaning that the property in question cannot be put to a reasonable use if used under the conditions allowed by this chapter, the plight of the landowner is due to circumstances unique to the property not caused by the landowner and a variance, if granted, shall not alter the character of the locality. Economic considerations alone shall not constitute an UNDUE HARDSHIP if a reasonable use of the property exists under the terms of this chapter. UNDUE HARDSHIP may also include inadequate access to direct sunlight for solar energy systems.
UNDULATION. Variation in the height and/or roof lines of a series of adjacent buildings, as well as variation in the horizontal relationship of adjacent building facades.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and/or equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot or a development project and their guests. These areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs (excluding roof gardens), 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.
USE, ACCESSORY. A use subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereof.
USE, NONCONFORMING. Use of land, buildings, or structures legally existing at the present time or at the time of a subsequent amendment to this chapter which does not comply with the regulations as set forth.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or accessory.
USE, SECONDARY. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.
VARIANCE. A modification of or variation from the provisions of this chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.
VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.
VERTEX. The corner point of a triangle, rectangle or other geometric figure bounded by lines.
VETERINARY CLINIC. A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief or prevention of animal disease, deformity, defect, injury or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.
WALL GRAPHICS. A sign painted directly on an exterior wall.
WALL SIGN. A sign affixed to the exterior wall of a building and which is parallel to the building wall. A WALL SIGN does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.
WASTE. Infectious waste, nuclear waste, pathological waste, sewage sludge, solid waste and hazardous waste.
WASTE FACILITY. Property used for the accumulation, storage, processing or disposal of waste.
WASTE, HAZARDOUS. Any refuse, sludge or other waste material or combination of refuse, sludge or other waste materials in solid, semisolid, liquid or contained gaseous form which because of its quantity, concentration or chemical, physical or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious or irreversible or incapacitating reversible illness; or
(2) Pose a substantial present or potential hazard to human health or the environment when not properly treated, stored or transported or disposed of or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammable, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended being 42 U.S.C. §§ 2011 et seq.
WASTE, INFECTIOUS. Laboratory waste, blood, regulated body fluids, sharps and research animal waste that has not been decontaminated.
WASTE, PATHOLOGICAL. Human tissue and body parts removed accidentally or during surgery or autopsy intended for disposal. PATHOLOGICAL WASTE does not include teeth.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks and retaining walls, which because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of these structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached docks.
WATERBODY. A body of water (lake, pond) or 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 year-round or intermittently, such as rivers, streams or creeks.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this chapter, WETLANDS must have the following three attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(3) Under normal circumstances, support a prevalence of vegetation.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by common names as wind charger, wind turbine and windmill).
WINDOW HEAD. The upper horizontal cross member or decorative element of a window frame. The HEADS OF WINDOWS are formed in a variety of ways; some are semi-circle, arches or triangular shapes. Some have bold and rich decorative moldings.
WINDOW SIGN. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.
YARD. Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used except in the case of a lot containing or adjacent to all or a portion of a wetland, in which case the distance between the nearest edge of the wetland and the main building shall be as provided by § 152.184 of this chapter.
YARD, FRONT. The area extending along the full length of a front lot line between side lot lines and to the depth required in the yard regulations for the district in which it is located. In the case of a corner lot abutting one or more streets, both yards shall be considered FRONT YARDS.
YARD, REAR. A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building.
YARD, REQUIRED. That distance specified in the yard requirements pertaining to setbacks. Setbacks and REQUIRED YARDS are used interchangeably.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front lot line of the lot to the rear yard.
ZONING ADMINISTRATOR. The person designated by the City Council to be the Zoning Administrator for the city.
ZONING DISTRICT. An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.
ZONING DISTRICT, OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
ZONING DISTRICT, UNDERLYING (BASE). All zoning districts except overlay zoning districts.
ZONING MAP. The map or maps incorporated into this chapter as part thereof, designating the zoning districts.
(Prior Code, § 11-2-2) (Ord. 258, passed 5-4-2006; Ord. 302, passed 2-16-2010; Ord. 303, passed 5-18- 2010; Ord. 305, passed 8-3-2010; Ord. 331, passed 8-6-2013; Ord. 376, passed 5-18-2021)