11-1-3: RULES OF WORD CONSTRUCTION; DEFINITIONS:
The language set forth in the text of this Title shall be interpreted in accordance with the following rules of construction:
   A.   Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural the singular.
   B.   The word "shall" is mandatory and not discretionary; the word "may" is permissive.
   C.   The word "lot" shall mean a buildable and properly zoned lot, unless otherwise defined herein and shall include the words "piece", "plot", and "parcel".
   D.   The word "building" includes all other structures of every kind, regardless of similarity to buildings.
   E.   The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".
For the purposes of this Title, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
   ACCESSORY APARTMENT: A separate dwelling unit contained within an existing single-family structure, to be occupied by another family as a separate, complete housekeeping unit, isolated from the original unit. The existence of separate cooking facilities shall distinguish an accessory apartment from the renting of rooms for lodging purposes.
   ACCESSORY STRUCTURE: An uninhabited subordinate building or structure that is detached from the principal structure on a lot of record, the use of which is subordinate to the principal use on the property.
   ACCESSORY USE: A use incidental and subordinate to the principal use or building and located on the same lot therewith. In no case shall such "accessory use" dominate in area, extent, or purpose of the principal lawful use or building.
   ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an approved tree preservation plan, and vacant platted lots controlled by a development company that is actively promoting, selling, or building residential units.
   ADULT USES: 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/sports 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 Minnesota Statutes section 617.241, are not lawful and are not included in the definition of "adult uses".
   ADULT USES ACCESSORY: The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and the like.
   ADULT USES PRINCIPAL: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business establishment, and include, but are not limited, to the following:
      Adult Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".
      Adult Bookstore: A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes, motion picture film, or any other similar materials, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
      Adult Cabaret: An establishment which provides dancing or other live entertainment if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of "specified sexual activities" or "specified anatomical areas".
      Adult Companionship Establishment: A companionship establishment if such establishment excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
      Adult Entertainment: Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments.
      Adult Establishment: A business engaging in any of the following activities or which utilizes any of the following business procedures or practices; either:
      A.    Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business; or
      B.    Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas".
   Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, and adult body painting studios.
      Adult Hotel Or Motel: A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
      Adult Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
      Adult Mini-Motion Picture Theater: A business premises within an enclosed building with a capacity for less than fifty (50) persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
      Adult Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
      Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin- 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 (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
      Adult Motion Picture Theater: A business premises within an enclosed building with a capacity of fifty (50) or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.
      Adult Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
      Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
      Specified Anatomical Areas: Anatomical areas consisting of the following:
      A.    Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast(s) below a point immediately above the top of the areola; and
      B.    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      Specified Sexual Activities: Activities consisting of the following:
      A.    Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
      B.    Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
      C.    Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
      D.    Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
      E.   Situations involving a person or persons, any of which are nude, clad in undergarments or in sexually-revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
      F.    Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
      G.    Human excretion, urination, menstruation, vaginal or anal irrigation.
   AGRICULTURAL, RURAL: A commercial crop-producing use on ten (10) or more contiguous acres and as defined under Minnesota Statutes section 273.111, subdivision 6. Real property shall be considered to be an agricultural use; provided, that annually: a) at least thirty three and one-third percent (331/3%) of the total family income of the owner is derived therefrom, or the total family income, including rental income from the property, is three hundred dollars ($300.00) plus ten dollars ($10.00) per tillable acre; and b) it is devoted to the production for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grain, bees and apiary products.
   AGRICULTURAL, URBAN: An area of less than ten (10) contiguous acres which is used for the purpose of growing produce, including crops, fruits, trees, shrubs, plants, flowers, vegetables and the like; provided, that such produce is intended solely for the use of residents on the property or sale away from the property. It shall not include roadside stands for the sale of products, processing or packaging operations, or similar uses. It shall not include the raising of farm animals on parcels of less than five (5) acres.
   ANIMAL HOSPITAL: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
   ANIMAL UNIT: A unit of measure, as adopted by the Minnesota pollution control agency, used to compare the differences in the production of animal manures.
   ANTENNA: Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas such as whips.
   ARCHITECTURAL DRAWINGS: Scaled or dimensioned drawings of the general layout of floor plans and elevations of a building or structure. In the case of multi-story buildings, the drawings shall also include sections or cutaway view of the elevations.
   AUCTION ESTABLISHMENTS: Any property or structure devoted to public auction or sales, two (2) or more times a year, for selling of private property or consigned goods.
   AUTO BODY REPAIR: An establishment engaged in the rebuilding or reconditioning of motor vehicles' body, frame or fender straightening, painting, rust proofing, or other similar activity.
   AUTO REDUCTION YARD: A lot or yard where one or more vehicles not in running condition, or parts thereof, are kept for the purpose of dismantling, sale of parts, crushing, sale or processing as scrap, storage or abandonment.
   AUTO WRECKING YARD: A lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.
   BARGE FLEETING AREA: A portion of the riverfront where barges are temporarily secured while awaiting loading, unloading or shipment.
   BARGE LOADING FACILITY: A facility located on the riverfront for the loading or unloading of a barge, either as part of transshipment of goods or related specifically to a product manufactured, stored, excavated or utilized at the site.
   BASELINE PEAK PERIOD TRIP CONTRIBUTION: Equal to the peak period trips that would have been generated based on the city comprehensive plan prior to December 21, 1994, plus capacity benefits derived from improvements planned for construction and traffic demand strategies that are implemented after the enactment of chapter 7, "Adequate Public Facilities", of this title.
   BASEMENT: Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level.
   BED AND BREAKFAST INN: A house, or portion thereof, where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises.
   BERM: A landscaped linear mound of earth to protect or aesthetically enhance land uses and varying in height from two (2) to eight feet (8').
   BOARDING HOUSE: A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three (3) or more unrelated persons, but not to exceed eight (8) persons; but where no provision is made for cooking in any guestroom.
   BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattels. When such structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
   BUILDING HEIGHT: The vertical distance from the average elevation of the adjoining ground level, or the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, the uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof.
   BUILDING, PRINCIPAL: A building in which the primary use of the lot on which the building is located is conducted.
   CANOPY: The width and/or height of the overall leafy portion of a deciduous tree.
   CARPORT: An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.
   CEMETERY: A parcel or tract of land used or intended to be used as the final resting place of the dead, including burial grounds, and mausoleums.
   CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship; and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
   CITY COUNCIL: The city council of the city of Cottage Grove, Minnesota.
   CLUB OR LODGE: A nonprofit association of persons who are bona fide members, paying annual dues. The use of the premises is restricted to members and their guests. It shall be permissible to serve food and meals on such premises; provided, that adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed; provided, that such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals; and provided further, that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.
   CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, or preservation of environmentally sensitive areas.
   COLLOCATION: The location of two (2) or more electromagnetic communication facilities on a structure that is designed structurally and electronically to support multiple electromagnetic communication facilities.
   COLUMBARIUM: A place such as a vault for the respectful and usually public storage of cremated human remains within cinerary urns. Columbaria are accessory to places of assembly for worship, cemeteries or mausoleums.
   COMMERCIAL HORTICULTURE: The growing of fruits, vegetables, flowers or plants for sale.
   COMMERCIAL OR ANIMAL FEEDLOT: The place of confined feeding of livestock or other animals, where the principal use of the facility is for short term feeding for market purposes, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. No place shall be considered a "commercial feedlot" unless it exceeds ten (10) animal units and would require an animal feedlot permit from the Minnesota pollution control agency.
   COMMERCIAL RECREATION: Bowling alley, cart track, jump center, miniature golf, pool hall, golf driving range, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range and similar uses.
   COMMERCIAL STABLE: A stable where horses are kept for remuneration, hire or sale.
   COMMERCIAL VEHICLE, CLASS I: Vehicles including, but not limited to, the following: semitrailers, garbage trucks, tank trucks, dump trucks, flatbed trucks, cattle trucks, trucks carrying or designed to carry explosive or flammable materials, well drilling equipment, earthmoving equipment, school buses designed to carry sixty six (66) or more persons or other large vehicles similar either by use or size, except the tractor portion of semitrucks.
   COMMERCIAL VEHICLE, CLASS II: Commercial pickup trucks and vans, the tractor portion of semitrucks, tow trucks, recreational vehicles which are used for commercial purposes and other commercial vehicles not defined in "class I".
   COMMERCIAL WASTE INCINERATION FACILITY: Any facility that sells services of burning solid waste or hazardous waste materials for generators other than the owner and operator of the facility.
   COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and water within a residential development site which is designated and intended for the use and enjoyment of the development's residents.
   CONDITIONAL USE: A specific type of structure or land use listed in the official control that may be allowed but only after an in depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a) certain conditions as detailed in this title exist, and b) the structure and/or land use conforms to the comprehensive land use plan, if one exists, and is compatible with the existing neighborhood.
   CONIFEROUS TREE: A wood plant which, at maturity, is at least twelve feet (12’) or more in height, and which retains its green color year-round and does not drop its fronds or needles in the winter.
   CONVEYOR CAR AND LIGHT DUTY TRUCK WASH: A full service business where all activities take place fully within the structure, including vacuuming and drying operations. The facility is staffed during all business hours, and work is performed by staff, not by customers, and services performed must include conveyerized machine or hand washing/drying.
   COUNTY: Washington County, Minnesota.
   CRITICAL AREA: The area known as the Mississippi River corridor critical area, designated by the governor in executive order 130, dated November 1976.
   CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius of one foot (1’) per one inch (1”) of trunk diameter, such that, for example, a twenty inch (20”) diameter tree has a critical root zone with a radius of twenty feet (20’).
   CURRENCY EXCHANGE: Any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one percent (1%) of the value of the check or draft, whichever is greater.
   dbh: Diameter of a tree measured four and a half (4.5) feet above the ground.
   DECIDUOUS: Plants which lose foliage and become dormant during winter months.
   DEMONSTRATED PARKING: A parking plan which demonstrates that the number, size, and location of parking spaces required by city ordinance can be provided on the site in compliance with all required parking setbacks.
   DEVELOPER: Any individual commencing proceedings under chapter 7, "Adequate Public Facilities", of this title, to secure approval of a new development.
   DIRECTOR OF COMMUNITY DEVELOPMENT: The person appointed by the city council as the director of community development, as provided by this title.
   DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.
   DRIVE-THROUGH FACILITY: An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle during such business transactions.
   DWELLING: A building or one or more portions thereof occupied or intended to be occupied exclusively for residence purposes; but not including rooms in motels, hotels, nursing homes, or boarding houses; nor trailers, tents, cabins or trailer coaches. A "dwelling" shall not be interpreted to include lodging rooms.
   DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
   DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.
   DWELLING, MULTIPLE: A building used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units, but not including group, row, quad homes, and townhouses up to a maximum of eight (8) units attached.
   DWELLING, SINGLE-FAMILY ATTACHED: A residential building containing two (2) or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes. Each dwelling unit must be located on a separate lot of record.
   DWELLING, SINGLE-FAMILY DETACHED: A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot of record.
   DYNAMIC DEVELOPMENT PROPERTY: Any platted or unplatted property that has had an application before the city for zoning or land use review within the previous five (5) years.
   EASEMENT: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
   ELECTROMAGNETIC COMMUNICATION FACILITY (EMCF): All antennas, towers, attachments, accessory mechanical and electrical equipment designed and erected for transmission, receiving and relaying of commercial electromagnetic, radar and other communication signals, including, but not limited to, radio, short wave, telecommunication, and television.
   EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
   ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.
   EVERGREEN: A plant which retains its green color year round and does not drop its fronds or needles in the winter.
   EVERGREENS, TREES: Large evergreens which reach mature heights of fifty feet (50') or more.
   EVERGREENS, UPRIGHT: An evergreen shrub which maintains a natural columnar or upright shape.
   FAMILY: An individual, or two (2) or more persons each related by blood, marriage, or adoption, including foster children, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household.
   FARM ANIMALS: Horses, cows, sheep, bees, pigs, chickens, ducks and other commonly known animals normally associated with farms, but excluding customary household pets.
   FARMERS' MARKET: The area set aside for the use of persons selling food products and plant materials produced primarily by themselves.
   FENCE: Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard.
   FLOOD: A temporary rise in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
   FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
   FLOOD FRINGE: That portion of the floodplain outside of the floodway. "Flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study for Washington County, Minnesota and incorporated areas.
   FLOOD, 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 recurrence interval.
   FLOODPLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
   FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
   FLOODWATER: The water of any river, stream, drainage channel, low area lake or pond which is above and/or outside the channel or banks of such river, lake, stream, drainage channel or pond.
   FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
   FLOOR AREA, BUSINESS AND INDUSTRIAL: The sum of the gross horizontal areas of the several floors of a 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 or processing of goods or to business or professional offices; however, the "floor area" shall not include basement floor area other than area devoted to retailing activities, the production or processing of goods, business or professional offices.
   FLOOR AREA RATIO: The numerical value obtained by dividing the floor area of a building or buildings by the lot area on which such building or buildings are located.
   FLOOR AREA, RESIDENTIAL: The sum of the gross horizontal areas of the several finished floors of a building or portion thereof, devoted to residential use. The floor area of a residence shall not include any portion of attached garage, breezeways, porches or basement area. A basement area is an area having more than one-half (1/2) of its wall area below grade.
   GARAGE, ACCESSORY: An accessory building or portion of a principal building having walls and a roof which is used for the storage of motor vehicles and other items owned by the occupants of the principal building.
   GENERAL FLOOR PLANS: A graphic representation, with dimensions or scale indicated, of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
   GROUND COVER: Plants which are used for accents and soil stabilization and are typically twenty four inches (24") or less in height.
   HARDWOOD DECIDUOUS TREE: A tree of one of the following species: ironwood, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, or locust.
   HAZARDOUS WASTE: Any refuse, sludge, or other waste material or combinations 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: a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, 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.
   HEALTH/RECREATION FACILITY: A nonmedical service establishment intended to maintain or improve the physical condition of persons, including game courts, exercise equipment, locker rooms, jacuzzi, sauna and/or pro shop.
   HEALTHY TREE: A healthy tree has:
      A.   A live top (live crown) that is greater than one-third (1/3) the total tree height.
      B.   Newly dead branches that make up less than fifteen percent (15%) of the total crown.
      C.   Less than fifteen percent (15%) of the tree crown with missing branches.
      D.   Foliage that is dense throughout the live portion of the crown.
      E.   A tree trunk with open wounds that are less than one-third (1/3) the diameter of the tree, no wounds in contact with the ground, and no wounds that have soft, punky wood or other indication of decay.
   HOME OCCUPATION: An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.
   HOTEL: A building having provision for nine (9) or more guests, in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
   HOUSEHOLD PET: Animals that are customarily kept for personal use or enjoyment within the home. "Household pets" shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds, rabbits, or fish.
   INOPERABLE VEHICLE: Any vehicle which cannot be driven or propelled under its own power in its existing condition, or which cannot be driven or propelled under its own power in a safe manner because of its wrecked, junked, or partially dismantled condition, or which cannot be driven because necessary licenses or authorizations have not been obtained and displayed on the vehicle.
   INTERIM CONDITIONAL USE: A temporary use of a property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer permit it.
   JUNKYARD: An area where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, papers, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with a permitted manufacturing process within an enclosed area or building shall not be included. Such use shall not include the deposit or disposal of garbage and other organic material.
   KENNEL: Any premises where four (4) or more dogs, cats or other customary household pets six (6) months or older at any one time are kept or accepted for boarding, breeding, training or sale, except when located in a pet shop or veterinary clinic.
   LARGE WOODLAND TRACT: A wooded area greater than or equal to seven thousand five hundred (7,500) square feet of contiguous or nearly contiguous canopy cover.
   LIFT STATION: A facility, usually including pumping facilities, for the lifting of sewage or stormwater runoff to a higher sewage facility or stormwater runoff facility.
   LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles, for the purpose of loading and unloading goods, wares, materials and merchandise.
   LODGING HOUSE: A building containing lodging rooms accommodating, for compensation, three (3) or more persons, but not exceeding twelve (12), who are not of the keeper's family. Lodging may be provided with or without meals.
   LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:
      A.    A single lot of record.
      B.    A portion of a lot of record.
      C.    A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
      D.    A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.
   LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines, but not including any area which has been dedicated as public thoroughfare or road.
   LOT AREA PER UNIT: The number of square feet of lot area per dwelling unit.
   LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continued street, the interior angle of which does not exceed one hundred thirty five degrees (135°).
   LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.
   LOT LINE: The property line bounding a lot; except, that where any portion of a lot extends into the public right of way or a proposed public right of way, the nearest line of such public right of way shall be the lot line for applying this title.
   LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street.
   LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, connecting the side lot lines and parallel to the front lot line.
   LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
   LOT OF RECORD: Part of a subdivision the plat of which has been recorded in the office of the register of deeds or registrar of titles; or a parcel of land the deed to which was recorded in the office of the register of deeds or registrar of titles, in accordance with subdivision regulations and zoning ordinances of the city in effect at the time of such conveyance.
   LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) streets, and which is not a corner lot.
   LOT, WIDTH: The maximum distance between the side lot lines of any lot measured parallel to front lot lines at the minimum front yard setback line.
   LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.
   MAJOR ROADS: Principal arterials (TH 61/10) and other minor arterials.
   MANUFACTURED SINGLE-FAMILY DWELLING: A structure transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling for one family, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. No manufactured dwelling shall be moved into the city that does not meet the manufactured home building code as defined in Minnesota statutes section 327.31, subdivision 3.
   MANUFACTURING: All manufacturing, compounding, processing, packaging, treatment or assembly of products and materials.
   MARINA: Facilities which may include piers or systems of floating or fixed accessways providing moorings for motor boats and yachts and offering supply, repair and other facilities for such use.
   MAXIMUM ALLOCATED SEWER CAPACITY: The monthly average daily contribution of influent from the city of the Cottage Grove sewage treatment plant of no more than 2.54 MGD on a monthly basis.
   MEDICAL USES: Those uses concerned with the diagnosis, treatment and care of human beings. These include hospitals, dental services, medical services or clinics, nursing convalescent homes and sanatoriums.
   METROPOLITAN URBAN SERVICE AREA: An area designed to achieve orderly, economic and contiguous growth by directing development to areas where roads and sewers already exist or are planned to accommodate development.
   MINIMUM NEEDS ASSESSMENT: Shall contain information necessary to determine whether existing or programmed roads and sewers will be adequate to serve the demand generated by the new development.
   MINING: The extraction of sand, gravel or other material from the land, in the amount of four hundred (400) cubic yards or more, and removal of such materials from the site.
   MOTOR COURT, MOTOR HOTEL OR MOTEL: A building or group of buildings other than a hotel, used primarily as a temporary residence of a motorist.
   MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is transferred and/or stored for movement in intrastate or interstate shipment by motor truck.
   MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automobile accessories, and replacement items, washing and lubrication services; and the performance of minor automotive maintenance and repair.
   MOTOR FUEL STATION CONVENIENCE STORE: A store operated in conjunction with a major motor fuel station or truck stop, for the purpose of offering for sale or rental of goods and services not essential to the motoring public.
   MOTOR FUEL STATION, MAJOR: A motor fuel station located within five hundred feet (500') of the right of way of a designated state trunk highway or a federally aided interstate highway and on a major city thoroughfare, city collector street, highway service road or highway.
   MOTOR FUEL STATION, MINOR: A motor fuel station located at the intersection of two (2) or more major city thoroughfares; two (2) or more city collector streets; or one or more major city thoroughfares with one or more city collector streets; but not within five hundred feet (500') of the right of way of a designated state trunk highway or a federally aided interstate highway. Such major city thoroughfares and city collector streets shall be those designated by the city council, in accordance with the comprehensive guide plan of the city.
   NATURAL RATE OF ABSORPTION: The amount of stormwater absorbed in the soil during a storm of once in twenty (20) year occurrence.
   NEW DEVELOPMENT: Proposals for subdivision and site plans for new construction, except: a) minor subdivisions of three (3) lots or less, and b) extension or enlargement of an existing building not exceeding fifty thousand (50,000) square feet which does not generate more than two hundred (200) additional residential equivalent connections, the average daily wastewater flow from a single-family dwelling (gallons per day).
   NONCOMMERCIAL VEHICLES: Passenger automobiles, motorcycles, recreational vehicles not used for commercial purposes, pickup trucks not used for commercial purposes and other vehicles designed for and used for passenger travel, except vehicles defined as "commercial vehicles, Class I or II".
   NONCONFORMING STRUCTURE: Any structure which is existing upon the effective date of this Title 1 , which would not conform to the applicable regulations if the structure were to be erected under the provisions of this Title.
   NONCONFORMING USE: Use of land, buildings or structures permitted and existing at the time of adoption of this Title, which does not comply with all the regulations of this Title or any amendments hereto governing the zoning district in which such use is located.
   NORMAL 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 normal high water mark is commonly that point where the natural landscape changes from predominantly aquatic to predominantly terrestrial.
   NOXIOUS MATTER OR MATERIAL: Material which is capable of causing injury or is in any way harmful to living organisms, or is capable of causing detrimental effects upon the health, physical, physiological, social or economic well-being of individuals.
   NURSERY, DAY: A use where care is provided for pay for three (3) or more children under kindergarten age, for periods of four (4) hours or more per day.
   OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
   OFF-STREET LOADING SPACE: A space accessible from a street, alley or driveway, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.
   OFFICES: Those commercial activities that take place in office buildings, where goods are not produced, sold or repaired, including banks; general offices; governmental offices; insurance offices; professional offices; real estate offices; taxicab offices, but not taxi stands; travel agencies or transportation ticket offices; telephone exchanges; utility offices; radio broadcasting facilities and similar uses.
   OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease or trade, where such goods are not enclosed within a building.
   ORNAMENTAL TREE: A deciduous tree with a mature height under thirty feet (30') that is used for color accents where an overstory tree is not practical.
   OUTDOOR ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment, not necessarily conducted, sold or offered upon the premises where such sign is located or to which it is affixed.
   OVERSTORY TREES: Large, deciduous, shade-producing trees with a mature height over thirty feet (30').
   PARTY WALL: A wall which divides two (2) adjoining properties and in which each of the owners of the adjoining properties has rights of enjoyment.
   PEAK PERIOD TRIPS: Vehicular trips generated on Trunk Highway 61 during the weekday hours of six o'clock (6:00) A.M. to eight o'clock (8:00) A.M. and from three o'clock (3:00) P.M. to five thirty o'clock (5:30) P.M.
   PERFORMANCE STANDARDS: Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
   PIPELINE: An underground line of pipe, including associated pumps, valves, control devices and other structures, utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another.
   PLANNED FOR CONSTRUCTION: That an improvement is scheduled for construction within five (5) years in the city's capital improvement program or a capital improvement plan or similar plan of the county, metropolitan council, or other implementing agency including the transportation improvement program, or is included as part of an improvement to be constructed incident to a new development.
   PLANNED UNIT DEVELOPMENT: All multiple-family dwellings, involving one or more buildings, all developments having two (2) or more principal uses or structures on a single parcel of land, multi-use structures such as a multiple-family dwelling with retail at ground floor level, townhouses and similar projects.
   PLANNING COMMISSION: The planning commission of the city.
   PLEASURE CRAFT: A boat or yacht used primarily for recreational activity.
   POULTRY FARM: A tract of land located in an agricultural area, being used exclusively for the purpose of raising poultry.
   PUBLIC FACILITIES: Includes roads and sanitary sewer collection and treatment system.
   PUBLIC PARK: A recreation area owned or operated by the city, county, state or other governmental unit.
   PUBLIC UTILITY: Transmission facilities of electric power, gas, water, telephone and railroad companies, including electric power transmission lines and gas pipelines; but not substations; telephone facilities, water pumping, reservoir and distribution facilities and railroad trackage; but not including storage and switching yards.
   PUBLIC UTILITY POLE: Including, but not limited to, water towers, public safety antennas, lights and signals, power and telephone poles, and poles supporting emergency warning devices.
   PUMP ISLAND SETBACK: The distance from the street right of way line to the centerline of the motor fuel station pump island, measured as a perpendicular distance from the right of way at the closest point to the pump island.
   QUALIFYING TREE: A healthy tree excluding buckthorn meeting one of the following definitions: a hardwood deciduous tree at least six inches (6”) dbh, a softwood deciduous tree at least eight inches (8”) dbh, or a coniferous tree at least ten feet (10’) in height.
   QUARTER/QUARTER SECTION: The northeast, northwest, southeast or southwest quarter section of land delineated by the United States government system of land survey and which is exactly or nearly forty (40) acres in size.
   REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or humanmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a "reach".
   RECREATIONAL VEHICLE: For purposes of chapter 12 of this title, a vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of chapter 12 of this title, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
   RECYCLING COLLECTION POINT: A collection point that serves as a community drop off point for temporary storage of items (e.g., paper, aluminum, cans, glass and plastic) that are to be recycled.
   REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.
   REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be seven hundred feet (700') above mean sea level or at an elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway, whichever is greater. It is the elevation to which uses regulated by this title are required to be elevated or flood protected.
   REQUIRED LANDSCAPED AREAS: The front, side and rear yards of a site that are to be landscaped in conformance with section 11-6-20 of this title.
   REQUIRED YARDS: The area of an existing parcel, excluding public right of way, buildings and impervious surface meeting requirements in section 11-6-20 .
   RESIDENTIAL DEVELOPMENT: A lot, building or a portion thereof used exclusively for a dwelling unit including concomitant uses and other uses of a residential nature for individuals residing in said dwelling units.
   REST HOME: A private home for the care of children or the aged or infirm, or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of diseases or injury, nor does it include maternity care or care for mental illnesses or infirmities.
   RESTAURANT:An establishment, other than a hotel, where food or drink is regularly prepared on the premises and served to the general public.
   RETAIL SHOPPING STORES: Stores and shops selling personal services or goods over a counter, including the following businesses, goods and services: antiques; art and school supplies; auto accessories; bakeries; barbershops; beauty parlors; bicycles; books and stationery; candy; cameras and photographical supplies; carpets and rugs; catering establishments; china and glassware; Christmas tree sales; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; sales and repair; florists; food; furniture; furrier shops; garden supplies (year round operation only); gifts; hardware; hats; hobby shops for retail of items to be assembled or used away from the premises; household appliances; hotels and apartment hotels; interior decorating; jewelry, including watch repair; laboratories, medical and dental research and testing; laundry and dry cleaning pick up processing to be done elsewhere; laundromats; leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wallpaper; phonograph records; photography studios; restaurants, when no entertainment or dancing is provided; shoes; sporting goods; tailoring; theaters, except open air, drive-in; tobacco; toys; variety stores; wearing apparel and similar uses.
   RETAINING WALL: A structure utilized to hold a slope in a position in which it would not naturally remain.
   RIVERFRONT: Every lot or parcel of land which is immediately adjacent to the Mississippi River.
   ROAD: A public right of way, intended for vehicular traffic, including freeways, expressways, arterials, parkways, thoroughfares, collector streets, local streets, cul-de-sacs, access streets, avenues, boulevards, lanes, and other public ways, as now or hereafter designated.
   SANITARY LANDFILL: An operation in which waste, including dry trash, incombustible rubbish and garbage, is deposited in specified areas in open trenches, ditches or topographical depressions and is systematically compacted by mechanical forces and then covered by a compacted layer of earth, ashes or suitable covering material.
   SANITARY SEWER DISCHARGE USER, HIGH CAPACITY: Uses within the industrial park MUSA that have a discharge into the sanitary sewer system averaging above seven hundred fifty (750) gallons per acre per day.
   SANITARY SEWER DISCHARGE USER, LOW CAPACITY: Uses within the industrial park MUSA that have a discharge into the sanitary sewer system averaging less than seven hundred fifty (750) gallons per acre per day.
   SATELLITE RECEIVE ONLY ANTENNA (SROA): An accessory structure consisting of a device commonly parabolic in shape, mounted at a fixed point and capable of receiving, for the benefit of the principal use, television signals from a transmitter or a transmitter relay located in geostationary orbit, and serving the same or similar function as the common television antenna.
   SEPTIC TANK: Any device for the treatment and disposal of human waste which utilizes the percolation of the liquid portion of the waste into the soil, including all portions of such system which are not confined inside a building.
   SEWAGE DESIGN CAPACITY: The total available sewage capacity in collectors and interceptors tributary to the new development.
   SHELTER, FALLOUT OR BLAST: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies.
   SHRUBS, LARGE: Deciduous shrubs with mature natural growth over six feet (6') in height.
   SHRUBS, MEDIUM: Deciduous shrubs with mature natural growth between four (4) to six feet (6') in height.
   SHRUBS, SMALL: Deciduous shrubs with mature natural growth less than four feet (4') in height.
   SIGN: A name, identification, description, display, illustration, structure or device which is affixed to or represented directly or indirectly upon a building or other surface not within a building and which directs attention to an object, product, place, activity, person, institution, organization or business.
   SIGN, ADVERTISING: A structure or portion thereof that is intended for advertising purposes, on which letters, figures or pictorial matters are intended to be displayed for advertising purposes, other than the name, occupation and/or nature of the enterprise conducted on the premises. This definition will not be held to include a real estate sign advertising for sale or rent the property on which it stands.
   SIGN, BUSINESS: A sign which directs attention to a business or profession or to the commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is attached.
   SIGN, DIRECTIONAL: A sign giving travel directions to a use not located on the premises.
   SIGN, GROSS SURFACE AREA: The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of such sign; however, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In computing square foot area, only one side of a double face or V-type structure shall be considered.
   SIGN, IDENTIFICATION: In a business or industrial district, a sign or nameplate which states the name or address or both of the business, industry or occupant of the lot; or a directory, listing the names, addresses and business of occupants.
   SIGN, IDENTIFICATION, RESIDENTIAL: In a residential district, a nameplate sign identifying a resident (including address and profession or occupation), school, church or other nonbusiness use.
   SIGN, ILLUMINATED: Any sign which has characters, letters, figures, design or outline illuminated by electric lights or tubes.
   SIGN, PEDESTAL: A ground sign erected on not more than three (3) shafts or posts solidly affixed to the ground.
   SIGN, REAL ESTATE: A sign offering property, land and/or buildings for sale, lease or rent.
   SIGN, TEMPORARY: Any sign not exceeding ten (10) square feet, placed in such a manner as not to be solidly affixed to any building, structure or land, and advertising an event such as a bazaar, special sale, sporting event or similar activity; in no event, however, shall such signs be placed on any lot or parcel of land for a period to exceed thirty (30) days out of any twelve (12) month period.
   SLOPE: The inclination of the natural surface of the land from the horizontal.
   SOFTWOOD DECIDUOUS TREE: A tree of one of the following species: cottonwood, catalpa, poplars, aspen, silver maple, basswood, box elder, elm, or willow.
   SOLID WASTE: Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal water pollution control act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.
   STREET: A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated.
   STREET LINE: The land covered by a street or land dedicated for public use or for certain private use for vehicular traffic.
   STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 11-12-9 of this title, travel trailers/vehicles, signs and other similar items.
   STRUCTURE, PRINCIPAL: A structure which determines the predominant use of the lot on which it is located.
   SUBSTANTIAL DAMAGE: For purposes of chapter 12 of this title, damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT: For purposes of chapter 12 of this title, within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
      A.    Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
      B.    Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". For the purpose of chapter 12 of this title, "historic structure" shall be as defined in 44 code of federal regulations, part 59.1.
   SUBSTATION: Any utility structure other than lines, pipelines, holes or towers.
   TEMPORARY FAMILY HEALTHCARE DWELLINGS: Transitional housing on a relative's or caregiver's property for those with mental or physical impairments and aging family members who need short term care.
   TERRACE: A relatively level area bordered on one or more sides by a retaining wall.
   TOWER: Any pole, spire, structure, structural support, or combination thereof, which is built specifically for the purpose of mounting an antenna.
   TOWNHOME: A residential building containing two (2) or more dwelling units with at least one common wall, each unit so oriented as to have all exits open to the outside.
   TRAFFIC IMPACT ANALYSIS OR STUDY: Analyzes the impacts of trips generated by new development on the traffic study area and recommends solutions or strategies to reduce that impact.
   TRAFFIC STUDY AREA: The travel shed and includes TH 61/10 and roads tributary to it.
   TRANSPORTATION DEMAND MANAGEMENT (TDM): Measures which encourage drivers to use alternative modes to driving alone during the peak period.
   TRUCK STOP: A motor fuel station devoted principally to the needs of tractor trailer units and trucks and located within five hundred feet (500') of the right of way of a designated state trunk highway and/or a federally aided interstate highway and on a major city thoroughfare, city collector street, highway service road or highway.
   USE: The purpose or activity for which land or a building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance standards of this title.
   USE, ACCESSORY: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
   USE, CONDITIONAL: Either a public or private use which, because of its unique characteristics, cannot be accorded the status of a permitted use in a particular district.
   USE, PERMITTED: A public or private use which of itself conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards, if any, of such 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 conditional.
   USE, TEMPORARY: A use established for a fixed period of time with the intent to discontinue the use upon a specified expiration date.
   UTILITY FACILITY: A physical facility of an electric, telephone, telegraph, cable television, water, sewer, solid waste, gas or similar service operation.
   VEHICLE: Any self-propelled device in, or upon, or by which any person or property is or may be transported. A vehicle properly loaded on a trailer shall constitute a single vehicle.
   VEHICLE REPAIR: An establishment engaged in performing repairs and service to recreational vehicles and vehicles. Repair may include all activities of repair or service, including major engine and transmission repair and replacement, exhaust system replacement, fluid changes and lubrication, tire repair and changes, wheel alignment, brake repair, suspension repair, air conditioner servicing, and similar minor repairs and service.
   WAREHOUSING: The storage of materials or equipment within an enclosed building.
   WATER BODY: Any lake, stream, pond, wetland or river.
   WATER DEPENDENT USES: Uses which, in order to exist or function, require a location or use of the riverfront, including, but not limited to, barge loading and barge fleeting areas, marinas, industries which receive or ship goods or materials by water as an essential part of their operation, boat and barge construction, dismantling and repair, riverfront recreation, intakes and outfalls, and water monitoring and measuring facilities.
   WETLAND: Any land which is seasonably wet or flooded, including all marshes, bogs, swamps and floodplains.
   WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
   WIND ENERGY CONVERSION SYSTEM (WECS): Any device, such as a wind charger, windmill or wind turbine, which converts wind energy to a form of usable energy.
   YARD: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this title. A yard shall extend along a lot line and at right angles to such lot line, to a depth or width specified in the yard regulations for the district in which such lot is located.
   YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines, and extending from the abutting front street right of way line to a depth required in the yard regulations for the district in which such lot is located.
   YARD, REAR: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
   YARD, SIDE: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
   ZONING DISTRICT: An area or areas within the limits of the city for which the regulations and requirements governing use, lot and size of buildings and premises are uniform.
(1971 Code § 28-3; amd. 1971 Code § 28-68; Ord. 600, 8-3-1994; Ord. 618, 8-2-1995; Ord. 625, 3-20-1996; Ord. 635, 9-18-1996; Ord. 648, 7-16-1997; Ord. 659, 8-19-1998; Ord. 665, 6-16-1999; 2000 Code; Ord. 762, 5-5-2004; Ord. 827, 10-17-2007; Ord. 841, 8-13-2008; Ord. 872, 2-3-2010; Ord. 873, 2-3-2010; Ord. 884, 10-20-2010; Ord. 888, 4-20-2011; Ord. 893, 8-10-2011; Ord. 939, 2-4-2015; Ord. 966, 8-10-2016; Ord. 1009, 8-21-2019; Ord. 1011, 10-16-2019; Ord. 1032, 8-5-2020; Ord. 1035, 11-18-2020)

 

Notes

1
1. The Ordinance from which this Title is derived was passed October 27, 1976, and became effective as provided by law.