Subd. 2 Definitions.

   For the purposes of this chapter, certain terms and words are described as follows:

Abandoned Sign

   Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of 1 year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 1 year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established non-conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of Abandoned Sign.

Abutting

   See Adjacent.

Accessory Apartment

   A secondary dwelling unit within an existing owner-occupied single-family dwelling unit for use as a complete independent living facility. A density unit is not attributed to this dwelling unit when calculating density.

Accessory Building

   A subordinate building or structure which is incidental and customary to that of the principal building and which is located on the same lot as the principal building or use. Any detached building 64 square feet or larger shall be defined as an Accessory Building including, but not limited to, garages, sheds, playground equipment or other storage buildings.

Accessory Storage Container

   A container placed outdoors and used for the storage of goods, materials or merchandise that are used in connection with a lawful principal or accessory use of the lot. The term Accessory Storage Container includes but is not limited to, containers such as boxcars, semi-trailers, roll-off containers, slide-off containers, railroad cars, piggyback containers, and portable moving and storage containers. The term Accessory Storage Container does not include a garage, barn, or storage shed accessory to a dwelling, provided the structure is not of a type designed, equipped, or customarily used for over-the-road transport of goods, materials, or merchandise.

Accessory Use

   A use incidental or subordinate to the principal use on a lot.

Act

   The Critical Areas Act of 1973, M.S. §§ 116G.01 to 116G.151, as may be amended from time to time.

Adjacent

   Having a boundary which physically touches or adjoins. Parcels separated by a street right-of-way are not Adjacent.

Adult Use

   See Adult Entertainment, Subsection 1001.12.

Agricultural Building

   A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, or sub-lessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.

Agricultural Business

   An agricultural business operated year round on a rural farm (as defined) offering for sale to the general public, produced or any derivative thereof grown or raised on the property by the seller.

Agricultural-Business, Seasonal

   A temporary seasonal business on a commercially zoned property operated on a rural farm (as defined), offering for sale to the general public, produce or any derivative (such as honey, maple syrup) thereof grown or raised locally.

Agricultural Use

   Land whose use is devoted to the production of horticulture and nursery stock, fruit of all kinds, vegetables, forage, grains, bees and apiary products, and raising domestic farm animals. This activity does not need to be the principal source of income.

Airport or Heliport

   Any land or structure which is used or intended for use for the landing and take-off of aircraft and any appurtenant land or structure used or intended for use for port buildings or other port structures or right-of-ways.

Alley

   A public right-of-way that affords a secondary means of access to abutting property.

Alteration

   To change or make different, to remodel or modify.

Animal Unit

   A unit of measure used to compare differences in the production of animal wastes that has a standard as the amount of waste produced on a regular basis by a slaughter steer or heifer.

Animals, Domestic Farm

   Cattle, hogs, horses, bees, sheep, goats, chickens, and other animals commonly kept for commercial food producing purposes.

Animals, Domestic Pets

   Dogs, cats, birds, and similar animals commonly kept in a residence.

Animals, Nondomestic Pets

   Animals considered wild or exotic, such as bears, lions, wolves, ocelots, and similar animals.

Antenna

   That portion of any equipment used to radiate or receive radio frequency energy for transmitting or receiving radio or television waves.

Applicant

   The owners, their agent, or representative having interest in land where an application for City review of any permit, use, or development is required by this chapter.

Appraised Valuation

   The market value of a structure or lot as determined by the current records of the County Assessor.

Architectural Metal

   A metal building wall section that has a shape, design, surface texture, and permanent color finish that enhances the building. The metal panel shall not be colored by oilcan, and it shall not have exposed fasteners unless they are the same color of the building.

Area, Gross Developable

   Those lands within a development parcel remaining after the deletion of wetlands, all other water bodies, and public road right-of-ways.

Attached or Interior Accessory Dwelling Unit

   A secondary dwelling unit that is:

   a.   Physically attached to or within a single-family dwelling unit;

   b.   Subordinate in size to the single-family dwelling unit;

   c.   Fully separated from the single-family dwelling unit by means of a wall or floor with or without a door;

   d.   Uses a separate entrance than the primary dwelling unit;

   e.   Includes requirements for a dwelling unit including cooking, living, sanitary and sleeping facilities as required by Minnesota State Building Code; and

   f.   Compliant with Minnesota State Building Code for a year-round dwelling; and

   g.   Occupancy of no more than two individuals.

Attic

   Space of a building located directly under a roof that is not directly free and open to the public and is unfinished or finished only to a limited degree to provide for inactive storage and/or mechanical equipment.

Attorney

   The City Attorney.

Auto and Marine Sales

   Buying, selling, leasing, wholesaling, brokering, auctioning or displaying motor or marine vehicles.

Auto Auction

   The business of warehousing, storing, inspecting, auctioning, and selling operable and inoperable vehicles with general office uses and other activities related to and in connection with the business operation. No dismantling of vehicles occurs on the premises.

Auto Reduction Yard

   A lot or yard where 3 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.

Auto Towing

   A business offering the services of a towing service, whereby disabled motor vehicles are towed or otherwise removed from the place where they are disabled and temporarily stored outdoors provided that the business is at least 500 feet from any residential property.

Automobile Detail Shop

   A business establishment where the exterior and interior of automobiles, vans, sport utility vehicles and small trucks are intensively cleaned and refurbished, including sealants, self- adhesive pinstriping and tint and overspray removal, wholly within enclosed buildings and primarily by handheld mechanical equipment (such as buffing machines and vacuums), with a minimal use of water (less than 50 gallons per day).

Automobile Repair and Service-Major

   See Motor Vehicle Repair-Major.

Automobile Repair and Service-Minor

   See Motor Vehicle Repair-Minor.

Awning

   A roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an Awning.

Awning Sign

   A building sign or graphic printed on or in some fashion attached directly to the awning material.

Balloon Port, Commercial

   An area of land designated for the take-off, storage, and maintenance of hot air balloons on a commercial basis.

Balloon Sign

   A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter.

Basement

   Any floor level below the first story, as further defined by the adopted Building Code.

Bed and Breakfast Inn

   An owner-occupied private home where accommodations are offered for 1 or more nights to transients.

Best Management Practices

   Techniques, methods, processes, activities, incentives, or rewards that are believed to be more effective at delivering a particular outcome than any others. Best management practices are commonly used for natural resources management, such as erosion control measures, runoff minimization or management measures, or water conservation measures that typically incorporate conservation criteria.

Billboard

   See Off-premises Sign.

Block

   An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

Bluff Impact Area or Zone, Mississippi River Corridor Overlay District

   Lands subject to the Mississippi River Corridor Overlay District within 40 feet from the bluffline.

Bluff Impact Area or Zone, Shoreland

   A bluff and land subject to the Shoreland Zoning Overlay District located within 20 feet from the top of a bluff.

Bluff, Mississippi River Corridor Overlay District

   For lands subject to the Mississippi River Corridor Overlay District, all slopes 18% or greater.

Bluff, Shoreland

   For lands subject to the Shoreland Zoning Overlay District, a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of a bluff):

      a.   Part or all of the feature is located in a shoreland area;

      b.   The slope rises at least 25 feet above the ordinary high water level of the waterbody;

      c.   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

      d.   The slope shall drain toward the waterbody.

Bluffline (or Bluff Line)

   The line delineating the top of a slope connecting the points at which the slope becomes less than 18%. More than 1 bluff line may be encountered proceeding landward from the water. All setbacks required herein shall be applicable to each bluff line. This definition also applies to lands subject to the Mississippi River Corridor Overlay District.

Boarding House

   Any dwelling unit other than a hotel, motel or bed and breakfast inn where meals or lodging or both are provided for compensation for 3 or more persons, pursuant to previous arrangements.

Boathouse

   An accessory building enclosed on the top and at least 3 sides, designed to provide storage and protection for water craft and their accessories during periods of inactivity.

Brewery, Regional/National

   A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume, and which possesses the appropriate federal, state, and municipal licenses and which produces more than 20,000 barrels of malt liquor in a calendar year.

Brewery, With or Without a Tap Room

   A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume, and which possesses the appropriate federal, state, and municipal licenses and which produces not more than 20,000 barrels of malt liquor in a calendar year. The taproom shall be located in the primary street storefront of the building and the use may also include associated facilities such as offices and small-scale warehousing, distribution limited to van and small trucks, and shall be accessed from the rear and not visible from the frontage street.

Brewpub

   A brewer who conducts retail on-sale intoxicating liquor or 3.2% malt liquor transactions at a restaurant operated in the place where the brewer manufactures fewer than 3,500 barrels of malt liquor in a year, the entire production of which is solely for consumption on tap on the licensed premises or for off-sale from that licensed premises in 64-ounce containers commonly known as growlers.

Broadcasting Facility

   A facility in which radio frequency signals are transmitted and/or received for establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Typical uses include television studio, telecommunication service center, telegraph service office, or Internet service center, and accessory uses including sound stages, multi-media, post-production studio and support facilities and equipment.

Buffer

   A strip of land intended to create physical separation between potentially incompatible uses of land or environmentally sensitive areas.

Buildable Lot Area, Net

   The space remaining on a lot after the setback requirements, steep slopes, floodplain, drainage easements, wetland or other unbuildable areas have been subtracted.

Building

   Any structure, either temporary or permanent, having a roof and built or used for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Code

   The Minnesota State Building Code.

Building Height

   The vertical distance between the lowest elevation where the exterior building wall emerges from the finished grade elevation (pursuant to an approved grading plan) and the highest point on the building.

Building Official

   The designated authority charged with the administration and enforcement of the State Building Code.

Building Permit

   A permit required from the responsible governmental agency before any site work, construction, or alteration to structures can be started.

Building Setback

   See Setback.

Building Setback Line, Minimum Required

   A line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluff line, delineated wetland or an ordinary high water mark or line, behind which buildings or structures must be placed.

Building Sign

   Any sign attached or supported by any building.

Bulk Storage, Liquid

   All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with county, state, and federal agency requirements, and have documents from those respective agencies stating the use is in compliance.

Bus Station

   See Transit Station.

Business

   Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

Business/Trade School

   See School, Business/Trade.

Campus Development

   Two or more principal buildings on any lot or parcel. All campus development shall be constructed under a master plan prepared by a professional, registered architect, and approved as a provision of the conditional use permit for the site.

Candela per square meter (cd/m2)

   The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as nits.

Canopy

   A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.

Canopy Sign

   Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A Canopy Sign is not a marquee and is different from service area canopy signs.

Car Wash

   See Motor Vehicle Wash.

Carport

   An automobile shelter having 1 or more sides open.

Cemetery

   Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, but not limited to, columbariums, mausoleums, and chapels when operated in conjunction with and within the boundaries of the cemetery.

Certificate of Compliance

   A certificate issued by the City documenting that a proposed development will meet all development standards if the project proceeds in accordance with the plans.

Certificate of Occupancy

   A certificate issued by the Building Official authorizing the use or occupancy of a building or structure.

Certificate of Survey

   A legal document depicting property information that is signed by a registered land surveyor under Minnesota state laws.

Changeable Sign

   A sign with the capability of content change by means of manual or remote input, including signs that are manually or electrically activated. There are 2 types:

      a.   Manually activated. Changeable sign whose message copy or content can be changed manually on a display surface. Not illuminated.

      b.   Electrically activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See Dynamic Display.

City

   A conglomeration of public officials, Council, commission, and committee as duly elected or appointed.

City Council

   The governing body of the City of Dayton.

Clearcutting (or Clear-Cutting)

   The removal of most or all of a stand of trees and shrubs.

Clear View Triangle

   The triangular area next to a street intersection formed by connecting the following 3 points: the point of intersection of the adjacent curb lines extended, and a point on each adjacent curb line 55 feet from the point of intersection. If there are no curbs, the lines and points shall be from the edge of the traveled portion of the road or street.

Clinics/Medical/Dental Offices

   A facility providing medical, psychiatric, chiropractic or surgical service to persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees or visitors.

Cluster Development

   See Planned Development.

Columbarium

   A structure, room, or other space in a building or structure containing niches for inurnment of cremated remains in a place used, or intended to be used, and dedicated for cemetery purposes.

Cocktail Room

   An area for the on-sale consumption of distilled spirits on the premises of or adjacent to the distillery where distilled liquor is produced. A Cocktail Room may also include sale for off-premises consumption of distilled spirits produced at the distillery, subject to M.S. § 340A.22, Subd. 4 or its successor.

Commercial Composting and Landspreading

   A commercial or public solid waste processing facility where yard or garden waste is transformed into soil or fertilizer by biological decomposition. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing or use of compost.

Commercial Planned Development

   See Planned Unit, Commercial.

Commercial Recreation

   See Recreation, Commercial and Public.

Commercial Speech

   Speech advertising a business, profession, commodity, service or entertainment.

Commercial Use

   The principal use of the land or buildings for the sale, lease, rental or trade of products, goods, and services.

Common Open Space

   Land held in common ownership used for natural habitat, pedestrian corridors, and/or recreational purposes that are protected from future development.

Comparable Exterior Material

   Of a similar appearance and material type and color, with only slight variations as determined by the Zoning Administrator.

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 Minnesota 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 and open space plan, a transportation plan, storm water management plan, sanitary sewer and water system plan, and recommendations for plan execution.

Conditional Use

   See Use, Conditional.

Conditional Use Permit

   A permit issued by the City Council in accordance with procedures specified in this chapter.

Condominium

   An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building.

Conservation Easement

   An interest in real property created in a manner that imposes limitations or affirmative obligations in regard to the use of property, including the retention, protection and maintenance of natural resources, open space, and agriculture.

Contractor’s Operation

   An establishment providing general contracting or building construction services.

Construction Trailer

   A mobile manufactured trailer that temporarily serves as an office for building construction or property maintenance services.

Contiguous

   Parcels of land that share a common lot line or boundary. Parcels which are separated by a right-of-way, easement, or railroad right-of-way are considered Contiguous for the purposes of this chapter.

Convenience/Gas Station

   See Motor Vehicle Convenience Store.

Convention Center

   A structure used or intended to be used primarily for entertainment events, expositions, meetings, conferences, seminars, and other gatherings. Typical components include convention and exhibit halls. Convention Center may include accessory uses, including but not limited to meeting rooms, auditoriums, cafeterias, dining rooms, recreational uses, and support services designed to accommodate planned entertainment events, expositions, meetings, conferences, and seminars.

Conveyance

   As defined in Minnesota State Statutes.

Cooperative

   A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific dwellings unit outright, as in a condominium, but they own shares in the enterprise.

Cost of Renovation, Repair, or Replacement

   The fair market value of the materials, labor, and services necessary to accomplish the renovation, repair, or replacement as determined by the Building Official.

Crawl Space

   As defined by the Building Code.

Crematorium or Crematory

   A place where bodies are consumed by incineration and the ashes of the deceased are collected for permanent burial or storage in urns.

Critical Area

   The Mississippi River Corridor Critical Area as designated by the Governor in Executive Order No. 79-19 (as amended) dated February 26, 1979.

Curb Level

   The level of the established curb as measured at the top of curb, in front of a building or structure measured at the center of the front. Where no curb elevation has been established, the City Engineer shall establish the curb elevation.

Data Processing, Hosting, and Related Services

   An establishment providing the infrastructure for hosting and/or data processing services.

Day Care Facilities

   Facilities including but not limited to: family day care homes, group family day care homes, day care centers, day nurseries, day time activity centers, day treatment programs and day services, nursery and preschools, and Montessori schools, as defined by Minnesota State Statutes.

Day Care Facility, Licensed

   Any facility required to be licensed by a governmental agency which, for gain or otherwise, regularly provides 1 or more persons with care, training, supervision, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home.

Decibel

   The unit of sound measured on the “A” weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the “Standards on Sound Level Meters of the USA Standards Institute.”

Deck

   A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

Detached Accessory Dwelling Unit

   A secondary dwelling unit that is:

   a.   Physically detached from the principal single-family dwelling;

   b.   Subordinate in size to the principal single-family dwelling unit;

   c.   Without wheels, chassis, or axles and placed on a concrete pad or foundation;

   d.   Uses a separate entrance than the primary dwelling unit;

   e.   Includes requirements for a dwelling unit including cooking, living, sanitary and sleeping facilities as required by Minnesota State Building Code;

   f.   Compliant with Minnesota State Building Code for a year-round dwelling; and

   g.   Occupancy of no more than two individuals.

Density, Gross

   The number of dwelling units per acre of land.

Density, Net

   The number of dwelling units per acre of net developable acres of land (excluding water, wetlands and arterial roadways).

Development

   Any human-caused change to improved or unimproved real estate that requires a permit or approval from the City, county, state, or other regulatory agency, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, storage of materials, subdivision, vegetative alterations, or utilities.

Digital Off-Premises Signs

   An off-premises sign meeting the definition of an Electronic Graphic Display Sign.

Directional Sign

   Any sign that is designed for the purpose of providing direction for pedestrian or vehicular traffic.

Directory Sign

   A wall sign that identifies individual tenants within a development that do not have their own exclusive exterior entrance.

Disposal Area, On-Site Sewage Treatment

   As defined by County Codes.

Distillery, With or Without a Tasting Room

   A facility that produces ethyl alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A Distillery may include a cocktail room and/or tasting room. The tasting room and/or cocktail room shall be located in the primary street storefront of the building and may also include associated facilities such as offices and small-scale warehousing, distribution limited to van and small trucks, and shall be accessed from the rear not visible from the frontage street.

D.N.R.

   The Department of Natural Resources.

Dredging

   The process by which soils or other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.

Drive-Thru (or Drive-Through)

   Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.

Driveway Access Permit

   A permit required from the responsible governmental agency that allows access onto a public road. The permit must be acquired prior to construction and the issuance of a building permit.

Driving Range

   A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Dwelling

   Any building or any portion thereof which is intended for residential occupancy on an on-going basis by a single household unit as opposed to a hotel, motel, guest rooms, boarding house, and the like, which are intended to be occupied on a short term (daily or weekly basis).

Dwelling, Duplex

   A dwelling structure on a single lot, having 2 units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling, Multiple-Family

   A residential building containing 3 or more dwelling units with separate housekeeping and cooking facilities for each.

Dwelling, Multiple-Family Apartment

   A room or suite of rooms available for rent which is occupied as a residence by a single-family or group of individuals living together as a single-family unit.

Dwelling, Seasonal

   A residential building not capable of year-round occupancy due to non-winterized construction or inadequate non-conforming year-round on-site sewage treatment systems.

Dwelling, Single-Family Attached Residences

   A residential unit designed for occupancy by 1 family or group of individuals living as a household unit that may be attached or semi-attached to other single-family dwellings. Each single-family dwelling has its own direct outside entrance to and from the living quarters and a garage or space for a garage. These may include groupings of attached single-family dwellings in rows that are commonly referred to as townhomes.

Dwelling, Single-Family Detached Residences

   A freestanding residential building containing 1 dwelling unit on an individual lot, designed and used for occupancy by a single-family or group of individuals living as a household unit. Each single-family dwelling has its own direct outside entrance to and from the living quarters and a garage or space for a garage.

Dwelling Site

   A designated location for residential use by 1 or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling, Temporary

   A manufactured home which temporarily serves as a residence for the present or potential occupant while the primary single-family residence is being constructed or reconstructed or altered.

Dwelling, Two-Family Dwelling 

   See Dwelling, Duplex.

Dwelling Unit

   A residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used, or intended for use exclusively as living quarters for 1 family.

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 or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as 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.

Easement

   A grant by an owner of land for a specific use by persons other than the owner.

Electronic Graphic Display Sign

   A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes.

Electronic Graphic Display Signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic Graphic Display Signs include projected images or messages with these characteristics onto buildings or other objects.

Elevation

   The view of the side, front, or rear of a given structure(s).

Elevation Area

   The area of all walls that face any lot line.

Engineer

   The City Engineer.

Environmental Impact Worksheet, Assessment or Statement

   A document that might be required under Minnesota Statutes or this chapter to determine the environmental effects resulting from a ground disturbing, development, or construction activity.

Equal Degree of Encroachment

   A method of determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments.

Equipment Rental

   Establishments primarily engaged in the rental of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment. Included in this use type is the incidental storage, maintenance and servicing of the equipment; provided the incidental storage, maintenance and servicing complies with all performance standards of the section.

Equestrian Uses

   Those uses commonly associated with the raising, maintaining, and training of horses for riding, racing, or breeding.

Erect

   Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing.

Essential Services

   Overhead or underground electrical, gas, steam or water transmission or distribution systems; collection, communication, supply or disposal systems used by public utilities or governmental department or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, reservoirs, wells, elevated tanks, fire alarm boxes, police call boxes and other similar equipment and accessories in connection therewith, but not including electrical transmission lines larger than 69 KV, or buildings, except those buildings that are an integral part of the essential service.

Event Center

   A facility located on a private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, retreats, parties, weddings, receptions and dances.

Exterior Storage

   See Outdoor Storage.

Externally Illuminated Sign

   A sign characterized by the use of artificial light reflecting off its surface.

Extractive Use

   See Mining.

Facade

   That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves for the entire width of the building.

Family

   See Household.

Farm

   A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such Farms may include agricultural dwellings and accessory buildings and structures necessary to the operations of the farm.

Farmland

   Land that is capable of supporting the commercial production of agricultural crops, livestock or livestock products, poultry products, milk or dairy products, or fruit or other horticultural products.

Feedlots and Poultry Facilities

   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 and poultry barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos, shall be considered to be animal Feedlots.

Fence

   A partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure.

Fill

   Any act by which soil, earth, sand, gravel, rock, or any-similar material is deposited, placed, pushed, or transported and shall include the conditions resulting thereupon.

Final Plat 

   A drawing or map of an approved subdivision that meets all requirements of the subdivision regulations.

Financial Institution

   A business that provides financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and automatic teller machines (ATMs).

Finished Grade

   The grade of a site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

Firearm Range

   A specialized facility designed for firearm(s) shooting practice.

Fitness Center

   A business that provides recreational services and facilities, usually for the benefit of its membership or the general public, involving aerobic exercises, strength and cardiovascular equipment, indoor or outdoor game courts, swimming pools, running tracks, massage, tanning, hair and other personal services, saunas, steam room, showers and lockers and the like that may be used at any time that the operation is open for business.

Flag

   Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

Flag Lot

   A lot with access provided to the bulk of the lot by means of a narrow corridor.

Flashing Sign

   A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling.

Flood Fringe

   That portion of the floodplain outside of the floodway.

Floodplain

   The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

Floodway

   The channel and those portions of the floodplains adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of a specific size without unduly raising upstream water surface elevation.

Floor Area

   The area inside the exterior walls of a building or area. Measurements shall be made from the inside of exterior walls.

Floor Area Ratio

   The ratio of the total enclosed square footage of a building or group of buildings located on the same lot to the total square foot area of the lot.

Floor Plan

   A graphic representation of the anticipated use of the floor area within a building or structure.

Florist, Commercial

   A building or premises used primarily for the retail sale of flowers and small plants which may not have been grown or raised on the property and does not include a greenhouse.

Footprint

   The area of the land covered by a building’s foundation.

Forest Land Conversion

   The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Forest Management

   Activities conducted on or directly pertaining to forested land, including but not limited to the growing, managing, harvesting, and interim storage of timber for commercial purposes.

Freestanding Sign

   Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Pylon and monument signs are types of freestanding signs.

Frontage

   That boundary of a lot that abuts a public street or private road.

Funeral Home

   A building or part thereof used for funeral services. The buildings may contain space and facilities for: embalming and the performance of other services used in preparation of the dead for burial; the storage of caskets, urns, and other related funeral supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted. This definition shall not include facilities for cremation.

Garage, Private

   A detached accessory building or portion of the principal building, including a carport, which is used primarily for the storing of vehicles, trailers, or trucks.

Garden Supply Store and Nursery Yard

   A building or premises used primarily for the wholesale and retail sale of trees, shrubs, flowers, other plants, and accessory products, excluding power tools, tractors, decorative rock, tree bark, gravel, and compost. Accessory products are those products that are used in the culture, display, and decoration of lawns, gardens, and indoor plants.

Golf Course

   A tract of land laid out with at least 9 holes for playing golf (miniature golf excluded).

Grade

Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation.

Hardship

   Where property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his or her property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a Hardship if a reasonable use of the property exists under terms of the official controls.

Hazardous Building or Hazardous Property

   Any building or property that, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.

Hazardous Material

   A chemical or substance, or a mixture of chemicals or substances, which:

      a.   Is regulated by the Federal Occupational Safety and Health Administration regulations; or

      b.   Is either toxic or highly toxic materials, an irritant, corrosive, a strong oxidizer, a strong sensitizer, combustible, either flammable or extremely flammable, dangerously reactive, pyrophoric, pressure-generating, a compressed gas, a carcinogen, a teratogen, a mutagen, a reproductive toxic agent, or that otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance.

Hazardous Materials Operation

   Manufacturing of acid, cement, lime gypsum, explosives, or gas, refining of petroleum and allied products, and other industrial processes involving flammable, explosive, poisonous, toxic, caustic, or radioactive materials as primary materials in the product manufacture, are uses considered to be potentially hazardous to human health and safety.

Heavy Industrial

   A use engaged in the assembly, compounding, fabrication, manufacturing, packaging, treatment of materials and products which may involve the processing of raw materials that produces exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates other objectionable impact on the environment beyond the boundary of the property.

Height

   See Building Height.

Height of Sign

   The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.

Heliports

   A landing area for helicopters to operate.

High Power Transmission Line

   A 69 kV or greater electric transmission line or with towers a minimum of 75 feet in height.

Higher Technology Business

   A use including, but not limited to the manufacturing, or assembly, of medical devices and equipment, telecommunications equipment, pharmaceuticals, computer or electronic products and software, aeronautical equipment, or components.

Historic Building and Structure

   See Significant Historic Sites.

Home Extended Business

   An occupation or profession engaged in, at or from the homestead and/or attached and/or detached accessory building of the business owner-operator. The business owner- operator must reside in the dwelling. The business use may not utilize more 30% of the floor area of the dwelling (excluding any attached garage area). In addition to the resident/business operator, the Home Extended Business may employ a limited number of employees, who do not reside at the home. The primary use of the dwelling shall remain as a residence, and not as a business, shall remain compatible to the neighborhood, and all business-related storage and activities shall take place entirely within enclosed structures on properties less than 2.5 acres. Outdoor storage may be allowed on properties over 2.5 acres provided it is significantly screened from adjacent properties and street right-of-way.

Home Occupation

   Any use conducted entirely within a dwelling and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Occupations or professions, which utilize more than 25% of the dwelling, shall not be considered to be Home Occupations, except for family day cares, which shall be exempt from the 25% regulation. The primary use of the dwelling shall remain as a residence, and not as a business, shall remain compatible to the neighborhood. The business owner-operator must reside in the dwelling. Home Occupations shall not include uses involving outside storage, garages or accessory building and storage areas.

Homeowner’s Association

   A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating, and maintaining the common open space and facilities.

Horse Show

   An event where horses not boarded on the subject property are shown to the general public and guests.

Horse Training Facility, Commercial

   A building in which horses not owned by the property owner are kept for commercial use, including boarding, breeding, hire, sale, show, and training.

Horse Training Facility, Private

   A building in which horses owned by the property owner are kept for private use and training.

Hospitals

   An institution licensed by the State Department of Health, providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel

   A building having provisions for 4 or more sleeping rooms in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

Hotel, Full Service

   A hotel that also includes meeting rooms, on site restaurant and/or bars or other public amenities.

Household

   Includes the following:

      a.   An individual;

      b.   A group of no more than 4 individuals, who are not necessarily related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence;

      c.   Up to 2 adult individuals, whether related or unrelated, and the parent(s) or child(ren) of each, if any, residing in the same dwelling unit and maintaining a common residence;

      d.   The combination of items a. and b. above, all maintaining a common residence; and

      e.   The temporary guest(s) of any of the above staying on the premises for no more than 30 days in any 12 month period.

Illuminance

   The amount of light falling upon a real or imaginary surface, commonly called “light level” or “illumination.” Measured in foot-candles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system.

Impervious Surface

   The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil. Impervious Surface shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, swimming pools, tennis and basketball courts, covered decks, porches, and other structures.

Impervious Surface Area

   The area of a site which is covered by an impermiable surface that includes but is not limited to all structures, building roof area, paving, gravel surfaces, decks, patios, appurtenances, sidewalks, water and other impervious surfaces which significantly reduce or prevent absorption of stormwater into the soil and cause water to run off the surface in greater quantities and at an increased rate of flow.

Industrial Use

   The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Industry, Heavy

   The manufacture or compounding process of raw materials. These activities or processes may necessitate the proper storage and handling of flammable, toxic matter or hazardous materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

Industry, Light

   Research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previous prepared materials, which activities are conducted wholly within an enclosed building.

Industry, Medium

   All those uses defined in Light Industry with the addition of food processing, wholesale bakeries and dry-cleaning processing and other similar uses. Finished or semi-finished products may be temporarily stored outdoors in an approved and screened area pending shipment.

Inoperative Vehicle

   A vehicle incapable of movement under its own power.

Intensive Vegetation Clearing

   The complete removal of trees, grasses 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 the use is no longer allowed by zoning regulations.

Interior Sign

   Any sign placed within a building, but not including window signs. (Interior Signs are not regulated by this Code).

Internally Illuminated Sign

   A sign characterized by the use of artificial light projecting outward through its surface.

Junk Yard

   An area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, gartered, cleaned, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles, and lumber. Storage of the material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

Kennel, Commercial

   A business which conducts the selling, boarding, breeding, showing, treating or grooming of domestic animals over 6 months of age.

Kennel, Private

   An accessory structure kept on premises and owned by a member of the household, which is zoned and occupied for residential purposes and where the keeping of such domestic animals is incidental to the occupancy of the premises for residential purposes.

Laboratory, Medical/Dental

   A facility for scientific laboratory analysis of medical and dental resources including: analysis of blood, tissue, or other human medical or animal products and associated biological phenomena.

Landscaping

   Planting trees, shrubs, and turf covers such as grasses and shrubs.

Lift Station

   A facility, usually including pumping facilities, for the lifting of sewage or stormwater runoff to a higher sewage or stormwater runoff facility.

Lighting Related

      a.   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 from which no light is emitted.

      b.   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.

      c.   Cutoff Type Luminaire. A luminaire with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cutoff angle that is less than 90 degrees.

      d.   Fixture Outdoor. 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.   Landscape lighting;

         5.   Billboards and other signs;

         6.   Street lighting;

         7.   Product display area lighting; and

         8.   Building overhangs and open canopies.

      e.   Flashing Light. A light source that is not constant in intensity or color at all times while in use.

      f.   Footcandle. A unit of illumination produced on a surface, all points of which is 1 foot from a uniform point source of 1 candle.

      g.   Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

      h.   Security Lighting. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property.

      i.   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 the light fixture.

      j.   Source. A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum.

      k.   Spillage. Any reflection, glare, or other artificial light emission onto any adjoining property or right-of-way above a defined maximum illumination.

      l.   Outdoor. Any light source or collection of light sources located outside of 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 free standing poles.

Limited Access Highway

   A traffic way including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at points only and in a manner as may be determined by the public authority having jurisdiction over the traffic way.

Liquor Store, Off-Sale

   An establishment properly licensed by the City under the control of a proprietor or manager wherein consideration of payment, liquor is sold by the bottle for consumption off the premises.

Liquor Store, On-Sale

   An establishment other than a restaurant under the control of proprietor or manager which is properly licensed by the City wherein for consideration of payment, liquor is regularly served and sold by the drink for consumption only on the premises within the confines of the licensed premises. With service of liquor, these establishments are commonly known as bars or taverns.

Live Entertainment

   A public event or private use with the intent of entertaining spectators.

Livestock

   See Animals, Domestic Farm.

Livestock Operations

   A lot or structure or combination of lots and structures intended for the breeding, raising, or holding of 11 or more animal units.

Lot

   A Lot which is a part of an approved subdivision, the map of which has been recorded in the office of the Register of Deeds and on file with the County Finance Division, or a lawful Lot described by metes and bounds, the deed to which has been recorded in the office of the Register of Deeds on or before January 31, 1980, or 1 for which the City has granted a waiver from platting.

      a.   Lot Area. The total land area within the lot lines, excluding public and private road right-of-way; provided, however, that in agricultural zones of the City, the Lot Area shall include property to the centerline of abutting roadways, if any, which is in common fee ownership with the proposed lot and included in the legal description of the real estate for tax purposes.

      b.   Area - Minimum Per Dwelling Unit. The minimum number of square feet or gross developable area per dwelling unit.

      c.   Buildable Lot. A lot that meets or exceeds all requirements of this chapter without the necessity of a variance.

      d.   Corner Lot. A lot situated at the junction of and abutting 2 or more intersecting streets or public right-of ways; or a lot at the point of a deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

      e.   Coverage of Lot. That portion of a lot containing an artificial or natural surface through which water cannot penetrate. This definition includes, but is not limited to, driveways, structures, and patios.

      f.   Depth of Lot. The mean horizontal distance between the front and rear lines measured at right angles to the street or, in the case of a curved street or a cul-de-sac, on a line which is at right angles to a tangent of the curve radius.

      g.   Interior Lot. A lot other than a corner lot including through lots.

      h.   Lot Line. A Lot Line is the property line bounding a lot except that where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of the public right-of-way shall be the Lot Line for applying this chapter.

Lot Line Related

      a.   Front Lot Line. That boundary of a lot that abuts an existing or dedicated public street or a private road. In the case of a corner lot, it shall be the shortest dimension of the

   lot abutting the street or road. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City. In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets.

      b.   Rear Lot Line. That boundary of a lot that is opposite to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

      c.   Lot Frontage. The portion of a lot abutting a public street right-of-way or approved private street. The length of the lot frontage is the distance of frontage on 1 street, not the combination of frontage on multiple streets. On a curved street or cul-de-sac, the lot frontage shall be measured at the front building setback line.

      d.   Side Lot Line. Any boundary of a lot that is not a front lot line or a rear lot line.

      e.   Through Lot. Any lot other than a corner lot that abuts more than 1 street or street right-of-way. On a through lot, all property lines abutting the street right-of-way shall be considered the front lines. Also known as a double frontage lot.

      f.   Width Of Lot. The straight line distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback.

Manufactured Home

   A structure transportable in 1 or more sections which, in the transporting mode, is 8 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 the United States Department of Housing and Urban Development and complies with the standards established under Minnesota Statutes.

Manufactured Home Park

   Any site, lot, field, or tract of land on which 2 or more occupied manufactured homes are kept or located, either free of charge or for revenue purposes, and shall include any building, structure, tents, vehicle, or enclosure used or intended for use as part of the equipment of the mobile home park.

Manufacturing

   A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of the products.

Manure

   Any solid or liquid containing animal excreta.

Marina

   An area of concentrated small craft mooring, where ancillary facilities may be provided for services as fueling, sewage pump out, boat launching, repair and storage. Marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.

Marine Vehicle Repair, Major

   General repair, rebuilding, or reconditioning of engines or marine vehicles; collision service; overall painting and upholstering; and/or marine vehicle steam cleaning.

Marine Vehicle Repair, Minor

   Repairs, incidental body work, replacement of parts and motor services to marine vehicles, but not to include any operation specified under Marine Vehicle Repair, Major.

Marquee

   Any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.

Marquee Sign

   Any building sign painted, mounted, constructed or attached in any manner, on a marquee.

Mini Storage-Commercial

   A series of individual indoor storage compartments where goods, materials, or personal property not owned by the owner or occupant of the premises is placed and kept for more than 24 consecutive hours for compensation.

Mining

   The extraction of sand, gravel, or other material from a site in the amount of 50 cubic yards or more and removal from the site, except for removal in connection with building or subdivision for which a building or grading permit has been issued. The term Mining also includes the excavation, removal, placement or storage of rock, sand, dirt, gravel, or clay or other like material. The term Mining shall be synonymous with excavation and all permits, exceptions, requirements and other conditions on and regarding excavations and excavation applications shall also apply to mining applications.

Mississippi River Corridor

   That area within the described boundaries of the designated Mississippi River Corridor Critical Area in accordance with Executive Order 79-19 (as amended), dated February 26, 1979, and as shown on the official Zoning Map.

Mixed Use

   A single building containing more than 1 type of land use or a single development of more than 1 building and use, where different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas, (such as traditional development with retail shops on the first floor and residential units above).

Mobile Home

   A manufactured home which was constructed on a permanent chassis and which was designed to be use as a year-round dwelling but which is not attached or anchored to a permanent foundation.

Modular Manufactured or Pre-Fabricated Home

   A non-mobile housing unit that is fabricated off site and transported to a building site where final installations are made, permanently affixing the module to a foundation on the site.

Monument Sign

   Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding 8 feet.

Mortuaries, Funeral Homes

   A facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted.

Motel

   A building having provisions for 4 or more sleeping rooms in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and which ingress and egress to and from some or all rooms is through separate entrances providing direct access to the outside.

Motor Vehicle Convenience Store

   Premises for self-service motor fuel sales that may include the sale of convenience groceries, fast foods and/or a restaurant and may offer a car wash. A Motor Vehicle Convenience Store is not a truck stop. Motor Vehicle Convenience Stores are subject to Section 1001.062.

Motor Vehicle, New Auto Dealership, Licensed

   Premises for the sale, rental, leasing, and service of motor vehicles, including a building containing such things as a showroom, offices, service area and parts room, and exterior sales lots for displaying new and used vehicles.

Motor Vehicle Parts

   Retail and wholesale sale of new auto parts, equipment, and supplies to the general public and the automotive industry.

Motor Vehicle Repair, Major

   General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision service, including body frame, or fender straightening or repair; overall painting and upholstering; and/or vehicle steam cleaning.

Motor Vehicle Repair, Minor

   Repairs, incidental body and fender work, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not to include any operation specified under Motor Vehicle Repair, Major.

Motor Vehicle Service Station

   A place for the dispensing, sale, or offering for sale of motor fuel directly to users of motor vehicles, together with the sale of minor accessories and the servicing of and minor repair of motor vehicles.

Motor Vehicle, Used Auto Dealership, Licensed

   Premises having an open sales lot for displaying used vehicles and which may include a small structure for conducting sales and a service bay for detailing and minor preparation of vehicles for sale.

Motor Vehicle Wash

   Premises having a structure for washing and drying vehicles and adequate outdoor space for staging vehicles into and out of the wash.

Moving Permit

   A permit required from the responsible governmental agency prior to the moving of any partially or wholly erected structure from one location to another.

Multiple Tenant Site

   Any site which has more than 1 tenant, and each tenant has a separate ground level exterior public entrance.

Multi-vision Sign

   Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time 1 of 2 or more images.

Municipal Water and Sewer Systems

   Public utility systems serving a group of buildings, lots, or an area of the City, with the design and construction of the utility systems as approved by the City Engineer.

Natural Drainage Way

   A depression in the earth’s surface, such as ravines, draws, and hollows, which has definable beds and banks capable of conducting surface water runoff from adjacent lands.

Natural Resources

   The physical values of the land supplied by nature, including, but not limited to, animal life, plant life, soil, rock, minerals, and water.

Neighborhood

   An area containing a contiguous group of residential lots distinguishable by some identifiable feature or point of reference where people live in close proximity to one another.

Noise, Ambient

   The all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from many sources near and far or a single predominate source.

Nominal Parcel

   A parcel not reduced by more than 10% of its lot area due to road right-of-way dedication or survey corrections.

Non-commercial 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.

Non-conforming Lot

   A separate parcel or lot of record on the effective date of this chapter, or any amendments thereto, which lot or parcel does not conform to the regulations, including area or dimensional standards contained in this chapter or amendments thereto.

Non-conforming Structure

   Any structure lawfully or legally existing on the effective date of this chapter, or any amendment thereto, which does not conform to the regulations, including the dimensional standards, for the district in which it is located after the effective date of this chapter or amendments thereto.

Non-conforming Use

   Any use lawfully or legally existing on the effective date of this chapter, or any amendment thereto, that does not conform to the regulations of the district in which it is located.

Normal High Water Mark

   See Ordinary High Water Level (OHWL).

Nursery

   An establishment for the growth, transplanting, display and/or sale of trees, shrubs, flowers and other plants and materials used in indoor and outdoor planting, conducted within or without an enclosed building or greenhouse.

Nursing Home

   A residential complex containing multifamily dwellings designed for and principally occupied by senior citizens and licensed by the State Department of Human Services, public or private, which for gain or otherwise, regularly provides 1 or more persons with 24 hour substitute care, food, lodging, training, education, supervision, habilitation, but which for any reason cannot be furnished in the person’s own home.

Occupancy

   The purpose for which a building is used or intended to be used. The term shall also include the building or room housing this use. Change of Occupancy is not intended to include change of tenants or proprietors.

Office

   A room, suite of rooms, or a building containing rooms or suites of rooms in which commercial activities, professional services, or occupations are conducted that do not require that goods are stored, produced, sold at retail, or repaired, including, but not limited to, financial institutions, professional offices, governmental offices, insurance offices, real estate offices, utility offices, radio broadcasting, and similar uses.

Official Control

   Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of the City, or any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the Comprehensive Plan. The Official Controls may include, but are not limited to, ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps that have been adopted by the City.

Official Map

   A map adopted in accordance with the provisions of Minnesota State Statutes.

Official Sign

   Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.

Off-premises Sign

   A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of the sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an Off-premises Sign.

Open Space

   Land used for agriculture, natural habitat, pedestrian corridors, and/or recreational purposes that is undivided and permanently protected from future development.

Open Space, Common

   Open space not required for storage of the regional flood, or a combination of land and water area within the site designated for private open space for the sole benefit, use, and enjoyment of present and future lot or homeowners within a Planned Unit Development.

Ordinary High Water Level (OHWL)

   The boundary of public waters and wetlands, shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave 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. For reservoirs and flowage, the Ordinary High Water Level is the operating elevation of the normal summer pool.

Ordinary High Water Mark

   See Ordinary High Water Level.

Outdoor

   Not enclosed by 4 walls and a roof.

Outdoor Sales Lot

   An outdoor display area of products for sale or lease. Exterior display is a defined area for customers to examine and compare products. Exterior display does not include storage of materials or products. Any Outdoor Sales Lot must occur within a defined area as indicated on an approved final site plan and approved conditional use or interim use permit. Conditions regarding the location, screening, size and other conditions may be placed on the approval to minimize the impact to adjacent properties.

Outdoor Storage

   Storage, keeping or locating materials, goods, equipment or vehicles for more than a 24 hour period, not in an enclosed building. Construction materials actively being used for construction on the site under a valid building permit, and licensed and operable vehicles owned by the property owner, employees or resident, are not considered as Outdoor Storage. The Outdoor Storage area must be defined in an approved final site plan and approved conditional use or interim use permit. Conditions regarding the location, screening, size and other conditions may be placed on the approval to minimize the impact to adjacent properties. Outdoor Storage areas may not be located in the front yard, it may only be located in the rear and side yards. Outdoor Storage areas shall be screened to 90% opacity from adjacent property lines and street rights-of-way.

Owner

   In the case of a lot, the legal owner of the lot as officially recorded by Hennepin County, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees.

Park and Public Uses

   Any publicly owned or leased land available for public, recreational, educational, cultural or aesthetic use.

Parking, Public

   A structure, lot, or portion thereof, for the parking of motor vehicles by the general public.

Parking Space

   A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store 1 standard automobile.

Pasture

   Areas where grass or other growing plants are used for grazing, and where the concentration of animals is such that a vegetation cover is maintained during the growing season.

Pedestrian Way

   A public or private right-of-way across or within a block or tract to be used by pedestrians.

Performance Standards

   The minimum development standards adopted by the City that apply to all lots or uses, in addition to the other specific regulations which apply to the individual lot or use.

Person

   Any person, corporation, or association, including governmental agencies and political entities.

Pervious Surface

   Surface materials that admit the passage of water.

Pipeline

   A line of pipe either above ground or underground 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.

Plan, Comprehensive

   The series of maps, reports, statement of goals, objectives and criteria, and documents prepared by the Planning Commission and adopted by the City Council, to designate long range orderly growth and development of Dayton. Including, but not limited to a Land Use Guide Plan, a Thoroughfare Guide Plan, Community Facilities Plans and policies for plan execution.

Planned Development, Commercial

   A planned development of a mix of commercial uses.

Planned Development or Cluster Development

   A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease and also usually involving clustering of these units or sites to provide areas of common space, density, increase, and/or mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal users. Any development in which a number of residential structures are grouped on smaller than usual lots, leaving some land undivided/dedicated for common use by all members of the association is classified as a Planned Development. These developments can be clustered, open space design developments.

Planned Unit Development

   A type of development which may incorporate a variety of land uses planned and developed as a unit. The Planned Unit Development is distinguished from the traditional subdivision process of development in that zoning standards such as density, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality and, when involving land within the Shoreland District, the Commissioner of Natural Resources. See Subsection 1001.10.

Planning Agency

   The Planning Commission or Planning Department as created by the City Council.

Plat

   A drawing or map of a subdivision, meeting all the requirements of the City and in the form as required by the county for purposes of recording.

Pole Sign

   See Pylon Sign.

Portable Sign

   Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.

Principal Structure or Use

   The primary or predominant use for which a lot and structure, if any located thereon, is conducted or maintained, as contrasted to an accessory use or structure.

Private Clubs

   Private buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.

Projecting Sign

   Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 2 feet beyond the surface of such building or wall face.

Protected Waters

   Any waters of the state as defined in M.S. §§ 103G.005, Subdivisions 15 and 15a, and 103G.201, as may be amended from time to time.

Protective or Restrictive Covenant

   A contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property.

Public Land

   Land owned and/or operated by a governmental unit, including school districts.

Public Notices

   Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents.

Public Recreation

   See Commercial Recreation.

Public Street Right-of-Way

   The entire right-of-way of any public street.

Public Utility Stations

   All production, storage, substations, transmission lines over 69 KV, and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

Public Waters

   Any existing or proposed body of water or drainage channel that has the potential to support any type of recreational pursuit or water supply purpose or as defined in M.S. §§ 103G.005, Subds. 15 and 15a, or 103G.201, as may be amended from time to time.

Pylon Sign

   Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.

Recreation, Commercial or Public

   Recreational activity on a single contiguous tract which is open to the general public for a fee or otherwise, including but not limited to, golf courses, miniature golf courses, camping facilities, skating rinks, water slides, arcades, public parks, bowling alleys, billiard halls, travel agencies, tennis clubs and related type facilities, but not movie theaters or adult uses.

Recreational Vehicle (RV)

   A vehicle designed as temporary living quarters for recreational camping, travel or seasonal use. RVs may have their own motor power (as in the case of motorhomes); may be mounted (as are truck campers); or towed by another vehicle (as are travel trailers, park trailers and folding camping trailers). Not included in the RV definition are conversion vehicles, off-road vehicles and manufactured housing for long-term residence (mobile homes).

Recreational Vehicle Sales

   New Recreational Vehicle (RV) Sales (buying, selling, leasing, wholesaling, brokering), that involve outdoor display area, as a principal use. Permitted accessory uses other than those allowed as a permitted use or conditional use within the zoning district (the combined area of which is not to exceed 40% of the sum of the gross area of the principal building and outdoor display area) may include the following uses:

      a.   Used RV sales (buying, selling, leasing, wholesaling, and brokering);

      b.   RV tow and towed vehicles sales (buying, selling, leasing, wholesaling, and brokering);

      c.   Retail sales and installation of RV parts, accessories, services and supplies including propane;

      d.   RV rentals; and

      e.   RV wash facility.

Recycling and Salvage (Outdoor)

   A parcel of land on which salvaged or used materials are bought, sold, exchanged, stored, processed or handled for the purposes of recycling. Materials include but are not limited to: scrap iron and other ferrous metals, paper, rags, rubber tires, discarded goods, machinery and inoperable motor vehicles.

Recycling Facility (Indoor)

   A facility for the drop-off and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries and motor oil for the purposes of recycling. Processing of materials is limited to glass breaking and separation. Recycling materials are not sold to a recycling drop-off center. A recycling drop-off center is intended for household or consumer use. Use by commercial or industrial establishments is not included. Unattended drop-off stations for single materials, such as newsprint, are also not included.

Refuse

   Perishable and non-perishable solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and including municipal treatment wastes which do not contain free moisture.

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 every 100 years.

Regulatory Flood Protection Elevation

   A point not less than 1 foot above the water surface profile associated with the regional flood 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 flood proofed.

Religious Institutions

   A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.

Residential Care

   Any facility required to be licensed by a governmental agency, public or private, which for gain or otherwise regularly provides 1 or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. Residential facilities include, but are not limited to, state institutions under the control of the Commissioner of Human Services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults or schools for handicapped children.

Residential Planned Development

   A use where the nature of residency is non-transient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, townhouses, and cooperatives, would be considered as Residential Planned Developments.

Restaurant - Class I (Sit Down)

   An eating facility, other than a hotel or motel, under the control of a proprietor or manager, having appropriate facilities for the serving and preparation of meals and where, in consideration of payment, meals are prepared on site and regularly served at tables to the general public. The sale of liquor is not permitted on the premises.

Restaurant - Class II (with Alcohol)

   An eating facility, other than a hotel or motel, under the control of a proprietor or manager, having appropriate facilities for the serving and preparation of meals and where, in consideration of payment, meals are prepared on site and regularly served at tables to the general public. At least 60% of the gross receipts shall be from the sale of food items. The sale of liquor by the drink is allowed, as properly licensed by the City.

Restaurant - Class III

   An eating facility where customers order food at a counter and consume the food either on the premises or away from the premises. The sale of liquor is not permitted.

Restaurant - Class IV (with Drive Up)

   An eating facility where customers order food at a counter or through a drive up facility and consume the food either on the premises or away from the premises. The sale of liquor is not permitted. The facilities are commonly known as fast food restaurants. The facilities may include, but are not limited to cafes, coffee shops, ice cream parlors, take out restaurants and fast food restaurants with drive up facilities.

Retail and Service Shops

   A business that sells goods to the general public and has merchandise in stock or samples, and/or is engaged in providing individual services generally related to personal needs. This may include but is not limited to grocery stores, drug stores, hardware stores, gift shops, and specialty stores, barber, tailor, laundromat, shoe repair and dry-cleaning (drop-off with processing done elsewhere).

Retail/Office/Multi-Tenant Structure

   Any grouping of 2 or more principal retail uses, whether on a single lot or on abutting lots under multiple or single ownership.

Retaining Wall

   A structure utilized to hold a slope in a position which it would not naturally remain in.

Right-Of-Way, Public

   An area for public use owned and maintained by a government jurisdiction.

Riverfront

      a.   Every lot or parcel of land which is immediately adjacent to a river; and

      b.   For the Critical Rivers section, this also refers to, every portion of a lot or parcel of land which riverward of the bluff line to the Mississippi River.

Roadside Sales Stand

   A structure used only for the display and sale of products with no space for customers within the structure on a seasonal basis.

Roof

   The exterior surface and its supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code.

Roof Line

   The upper-most edge of the roof or in the case of an extended facade or parapet, the upper-most height of the facade.

Roof Sign

   Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Roof Sign, Integral

   Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.

Rotating Sign

   A sign or portion of a sign which turns about on an axis.

School, Business/Trade

   A specialized instructional establishment that provides on-site training of business, commercial and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use, for which compensation is not separately received shall not be considered a business and trade school.

Schools

   Unless otherwise specifically described in the ordinances of the City or other applicable laws or regulations, the term School shall mean any building used for educational (academic and/or artistic) purposes by 5 or more persons at one time.

Screening

   Includes earth mounds, berms, or ground forms, fences and walls, or landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object throughout the year.

Selective Cutting

   The removal of single scattered trees or shrubs. Selective Cutting shall not be construed to mean the removal of all trees or shrubs in a given area resulting in the clearing of the land.

Semi-Public Use

   The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Senior Citizen Housing

   Housing designed and limited to occupancy by persons 55 years of age and older.

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 solids, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection.

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 the system which are not contained inside a building.

Setback

   The minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, bluff line, top of bluff, road, highway, property line, or other facility.

Sewage Treatment System

   A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated herein.

Sewer System

   The 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 waste to a point of ultimate disposal and treatment.

Shimmering Sign

   A sign which reflects an oscillating, sometimes distorted, visual image.

Shopping Center

   See Retail/Office/Multi-Tenant Structure.

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:

      a.   One thousand feet from the ordinary high water mark of a lake, pond, or flowage; or

      b.   Three hundred feet from a river or stream, or the landward extent of a floodplain on rivers or streams, whichever is greater.

Sign

   Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.

Sign Face

   The surface of the sign upon, against, or through which the message of the sign is exhibited.

Sign Structure

   Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.

Significant Historic Sites

   Any archaeological site, standing structure or other property that meets the criteria for eligibility to National Registers of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as may be amended from time to time. A Historic Site meets these criteria if it is presently listed on either register or it if is determined to meet the qualification for listing after review by the Minnesota State Archaeologist or the Director of Minnesota Historical Society. All unplatted cemeteries are automatically considered to be Significant Historic Sites.

Site

   A lot or combination of contiguous lots which are intended, designated, and/or approved to function as an integrated unit.

Slope

   The inclination of the natural surface of the land from the horizontal.

Slope, Steep

   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 Hennepin 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.

Story

   That portion of a building included between the upper surface of any floor and upper surface of the floor next above, except that the topmost story shall include that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than 6 feet above grade, as defined herein, for more than 50% of the total perimeter at any point, such basement, cellar, or unused underfloor space shall be considered as a Story.

Street, Community Collector

   A street that connects communities within and between subregions; provides mobility between communities; and provides access to other streets, as found on the Comprehensive Plan.

Street, Local

   A street that connects blocks within neighborhoods, provides mobility within neighborhoods, and provides access to neighborhood collector streets and other local streets, as found on the Comprehensive Plan.

Street, Minor Arterial

   A street that connects adjacent subregions and activity centers within subregions; provides mobility within and between 2 subregions; and provides access to interstate freeways, major arterial streets, other minor arterial streets, and collector streets, as found on the Comprehensive Plan.

Street, Minor or Marginal

   A street that is used primarily for access to abutting properties.

Street, Neighborhood Collector

   A street that connects neighborhoods within and between subregions, provides mobility between neighborhoods, provides access to minor arterials, other community collector streets and local streets, as found on the Comprehensive Plan.

Street, Public

   Any thoroughfare with a right-of-way width not less than 24 feet which has been dedicated or deeded to the public for public use.

Structure

   Anything manufactured, constructed or erected that is normally attached to or positioned on land, including buildings and portable structures. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner that is constructed or erected upon or attached to the ground, or positioned on land, including buildings and portable structures.

Subdivision

   A described tract of land which is to be or has been divided into 2 or more lots or parcels, any of which resultant parcels is less than 20 acres in area, for the purpose of transfer of ownership or building a development, or, if a new street is involved, any division of a parcel of land. The term includes re-subdivision and, where it is appropriate to the context, relates either to the process of subdividing or to the land subdivided.

Substandard Lot

   Any lot which does not meet the minimum lot area, length, depth, width or other dimensional standards of the section.

Substandard Use

   Regarding the Shoreland or Mississippi River Corridor Districts, any use of the districts existing prior to the date of enactment of this section which is permitted within the applicable zoning district but does not meet the minimum lot area and length or water frontage, structure setbacks, or other dimensional standards of the applicable section.

Substation

   Any utility structure other than lines, pipelines, holes or towers.

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.

Suspended Sign

   Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.

Tavern or Bar

   A building with facilities for the serving of beer, liquor, wine, set-ups, and short order foods.

Temporary/Seasonal Sales

   A facility or area for temporary or seasonal sales of goods, wares, or merchandise.

Tenant Cafeterias, and Retail Service Private

   A service limited to tenants of the building provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior or the building.

Tenant Space

   A business area that has its own exclusive interior or exterior entrance within a multiple-occupancy development.

Terrace

   A relatively level area bordered on 1 or more sides by a retaining wall.

Theaters

   A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical or other live performances. This does not include adult use or drive-in theaters.

Time and Temperature Sign

   A sign that displays only current time and temperature information.

Toe of the Bluff

   For lands subject to the Shoreland Zoning Overlay District, the lower point of a 50 foot segment with an average slope exceeding 18%. This does not apply for lands in the Mississippi River Corridor.

Top of the Bluff

   For lands subject to the Shoreland Zoning Overlay District, the higher point of a 50 foot segment with an average slope exceeding 18%. This does not apply for lands in the Mississippi River Corridor.

Total Site Signage

   The maximum permitted combined area of all signs allowed on a specific lot.

Tower

   Any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts.

Tower Accessory Structure

   A structure located at the base of the tower.

Tower, Amateur Radio

   Towers constructed for the purposes of supporting radio antennas for private and personal use by the resident of the property.

Tower Apparatus

   Any equipment mounted to a new or existing tower, including platforms, antennas, rotors, emergency sirens, lights, and the like.

Towers, Cellular and Communications

   Towers constructed for the purposes of supporting radio and other transmission antennas for public or private communications.

Transit Station

   Taxi, bus, train, and mass transit terminal and related ticketing, passenger waiting, parking, and storage areas.

Transmission Services

   Electric power, telephone, and telegraph lines, cables, or conduits used to transport large blocks of power between 2 points. In the case of electrical power, this will generally mean 69 KV or more. For mains or pipelines for gas, liquids or solids in suspension, this means those that are used to transport large amounts of gas, liquids or solids in suspension between 2 points.

Trash Enclosure Service Structure

   A covered or uncovered structure screening and containing trash receptacles and maintenance equipment used on site.

Travel Trailer/RV Campground/Marina

   An area or premises operated as a commercial enterprise on a seasonal basis and generally providing space for seasonal accommodations for transient occupancy or use by transients occupying camping trailers, self-propelled campers, and tents.

Truck Stop

   A motor fuel station devoted principally to the needs of semi-tractor trailers and straight trucks (Class IV or larger), including short term parking areas for required operator rest periods, or repair (including major auto repair and tire services), dispensing of motor fuel, truck scale, and the sale of accessories or equipment for trucks and similar commercial vehicles; a truck stop may also include overnight accommodations, lounge areas, shower facilities, convenience or full service restaurants, a car and/or truck wash, or other ancillary uses, which also serve the traveling public in general.

Truck Terminal (Motor Freight)

   A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.

Use, Conditional

   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.

Use Permit, Conditional

   A permit issued by the City Council in accordance with procedures specified in this Code, 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.

Use Permit, Interim or Interim Conditional

   A conditional use permit specially and individually granted for a particular use on a specified parcel or lot or a person for a specific period of time by the City Council after recommendation by the Planning Commission, authorizing use of property which generally conforms to uses in the area but may not be consistent with the adopted land use plan or Comprehensive Plan allowing a land use or development that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon finding that certain conditions as detailed in this section exist. The permit is designated to meet the problem which arises where certain uses should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed locations may represent.

Use, Permitted

   A use that may be fully established in a particular district, provided it conforms with all requirements, regulations, and performance standards of the district.

Utility Facility

   The physical facilities associated with electric, telephone, telegraph, cable television, water, sewer, solid waste, gas, and similar service operations.

Variance

   A modification or variation of the provisions of this chapter as applied to a specific piece of property. Modification of the allowable uses within a district shall not be allowed as a Variance. The term Variance, as defined or described in M.S. Chapter 462, as may be amended from time to time, shall be applicable.

Vegetation, Natural

   Plant life which is native to the location and which would normally grow if the ground were left undisturbed.

Veterans Outpatient Treatment Facilities

   A facility providing medical psychiatric, and/or counseling to persons exclusively on an out-patient basis (with no overnight stays), including emergency treatment, diagnostic services training, administration, retreats, and services to the following persons: veterans of military or civil service; current/active members of military or civil service; or family members of current/active members of military and/or civil services.

Veterinarian Clinic

   An establishment for the care (medical), treatment, observation, and/or boarding of pets and animals in conjunction with treatment.

Video Display Sign

   A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video Display Signs include projected images or messages with these characteristics onto buildings or other objects.

Visible

   Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.

Wall

   Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane.

Wall Sign

   Any building sign attached parallel to, but within 2 feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only 1 sign surface.

Warehouse and Distribution Centers

   The storage, packing, crating, and processing of materials or equipment or goods within an enclosed building or structure in combination with in-going and out-going deliveries or shipments.

Water Body (or Waterbody)

   Any lake, stream, pond, wetland or river.

Water-Oriented Accessory Structure or Facility

   For lands within the Shoreland Zoning Overlay District, 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 decks.

Wetland

   Areas saturated or inundated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are classified in the United States Fish and Wildlife Service Circular No. 39 (1971).

Wholesaling

   The display, storage, and sale of goods to other firms for resale. This does not involve sales to the general public or the end consumer.

Wind Energy Conversion System

   One tower with rotors and motors with 1 conversion generator.

Window Sign

   Any building 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 upon the window panes or glass and is visible from the exterior of the window.

Yard

   An 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. For the purpose of determining the width of a yard, the distance between the lot line and nearest point of the building or structure shall be used.

Yard, Depth of

   The horizontal distance between the building line and the street line or lot line.

Yard, Front

   The yard between any street line and the front of the principal building or any projections thereof other than steps, entranceway, unenclosed balconies, or open porch.

Yard, Rear

   The yard between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies or unenclosed porches. On corner lots the Rear Yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the Rear Yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Side

   A yard between the principal building and the side lot line, extending from the front yard line to the rear yard line.

Zoning Administrator

   The officer charged with the administration and enforcement of this Zoning Section.

Zoning District

   An area of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations for use and development.

Zoning District Overlay

   A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. In the Shoreland and Critical Rivers Districts, the Zoning District Overlay supersedes the underlying zoning district use regulations if the overlay regulations are more restrictive.

Zoning Map

   The map or maps incorporated into this chapter as a part thereof, designating the zoning districts.

(Ord. 2010-18, passed 9-28-2010; Am. Ord. 2011-05, passed 3-22-2011; Am. Ord. 2012-07, passed 5-22-2012; Am. Ord. 2018-06, passed 2-13-2018; Am. Ord. 2018-11, passed 5-8-2018; Am. Ord. 2019-11, passed 8-13-2019; Am. Ord. 2019-22, passed 12-10-2019; Am. Ord. 2021-21, passed 12-14-2021; Am. Ord. 2022-12, passed 6-28-2022; Am. Ord. 2023-05, passed 7-25-2023)