Terms not defined in this chapter shall have the meanings customarily assigned to them as a matter of usage. The defined words which follow shall be interpreted accordingly:
A-FRAME SIGN: A portable two (2) sided sign, often commonly referred to as a sandwich board sign, at two feet (2') in width and three feet (3') in height.
ACCESSORY APARTMENT: A dwelling unit which is subordinate to a permitted principal one-family residence in terms of size, location and appearance and located on the same lot therewith.
ACCESSORY STRUCTURE: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure including, but not limited to, an attached or detached garage, storage shed or gazebo.
ACCESSORY USE: Any use customarily incidental and subordinate to the principal structure or use and located on the same lot.
AGRICULTURE; AGRICULTURAL: The production of livestock, dairy animals, dairy products, poultry or poultry products, furbearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products.
AGRICULTURE SERVICES: A use primarily engaged in the repair or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements such as tractors and combines, but includes farm machinery repair services that are accessory to the principal use.
ANIMAL CLINIC: An establishment where animals are treated and/or hospitalized by veterinarians. An establishment for the care, observation and treatment of small animals, including household pets.
ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas.
AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex of three (3) or more structures of ten (10) or more units, a shopping center consisting of three (3) or more separate structures, an industrial area consisting of three (3) or more structures or any combination of the above.
AUCTION HOUSE: A place of business that conducts auctions on site.
AUTO REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service.
AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; or minor automotive service including changing oil and transmission fluid.
AUTO SALES: The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use.
AVERAGE BUFFER WIDTH: The average width of a buffer area within a single development lot or phase.
AWNING: A canopy, hood, cover, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area intended for protection from the weather or as a decorative embellishment.
BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges and intended to be displayed for a limited period of time. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BASEMENT: This includes any area of a structure, including crawl spaces, having its floor below ground level on all four (4) sides, regardless of the depth of excavation below ground level.
BEACONS: Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.
BED AND BREAKFAST: A structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation.
BED AND BREAKFAST UNIT: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
BENCH SIGN: A sign attached to or painted on a bench for seating.
BILLBOARD: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
BOARD: The board of adjustment established by this title.
BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment.
BOULEVARD TREE ROUTE: City designated route that includes major collector streets on the city's thoroughfare plan that are allowed to be planted with boulevard trees within the right of way.
BOULEVARD TREES: Trees on land lying between the edge of curb and the property line within the city or located in new developments on city approved boulevard tree routes.
BREWERY: A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one- half of one percent alcohol by volume.
BREWERY, SMALL: A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota statutes, as may be amended.
BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery.
BUFFER AREA: An undisturbed or reestablished vegetated area adjacent to a wetland that is an integral part of protecting the wetland ecosystem through filtering pollutants and providing adjacent habitat.
BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this title have been met.
BUILDING: Any structure intended for the shelter, support or enclosure of persons, animals or property of any kind.
BUILDING HEIGHT: The maximum possible distance measured adjacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. The exceptions are chimneys, flues, vents or similar structures that may extend two feet (2') above the specified maximum height limit.
BUILDING LINE: A line parallel to a lot line or the ordinary high water level at the required setback, beyond which a structure may not extend toward the water.
BUILDING SETBACK: The distance between the building line and the property line or, in the case of a shore land yard, the ordinary high water level, or in the case of a lot containing all or a portion of a wetland, the nearest edge of the wetland buffer area. Building setbacks may also be measured from the street edge or back of curb in instances where the yard space has a separate or common ownership from the building or unit. This is typical practice with multi-family units such as townhomes.
BUS TERMINAL: Any structure or land devoted principally to the servicing, fueling, repair, storage, or leasing of passenger buses.
CANOPY TREES: Those species of deciduous trees with leaves that typically drop in the fall, that reach a height of thirty feet (30') to seventy feet (70') or taller at maturity and which are usually grown with lower limbs removed to preserve visibility.
CANOPY/WALKWAY: A permanent rooflike structure or cover which projects from the wall of a building, or projects over any entrance of a walkway. A marquee is not a canopy.
CAR WASH: Any building or portion thereof used for the cleaning or washing of motor vehicles.
CEMETERY: A parcel or tract of land used for the burial of the dead including columbaria, crematoriums, mausoleums and mortuaries when operated within the boundaries of such cemetery.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector for any structure built or change of use within any structure before it is occupied.
CHILD DAYCARE CENTER, COMMERCIAL: A facility other than a private residence, receiving one or more minor children for regular shelter, care, activity and supervision where the parents or guardians are not immediately available to the child.
CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship.
CITY BOULEVARD: Area between property lines on either side of all streets, avenues, or ways within the city.
CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. A facility providing dental, medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services.
CLUB: Any establishment operated for social, recreational or educational purposes but open only to members and guests and not to the general public.
CLUSTER PLANTINGS: A grouping of three (3) or more plants installed in close proximity to one another.
COCKTAIL ROOM: An area for the on-sale consumption of distilled spirits on the premises of or abutting a microdistillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the microdistillery for off premises consumption as may be allowed by Minnesota statutes, as may be amended.
COFFEE SHOP: A small restaurant and/or cafe where assorted drinks and food items are sold to the general retail public.
COMMERCIAL RECREATION, INDOOR: A commercial recreational use available to the general public that is completely contained within a building.
COMMERCIAL RECREATION, OUTDOOR: A commercial recreational use available to the general public that is outside a building.
COMMERCIAL RECREATIONAL USES: The provision of entertainment, games of skill or lessons to the general public for a fee, including, but not limited to, dance and karate studios, golf driving range, archery, and miniature golf.
COMMERCIAL SERVICES: Retail establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, package and postal service, photo processing, janitorial services and similar services.
COMMERCIAL VEHICLE: Any vehicle used for commercial purposes including, but not limited to: trailers, motorized wheeled or tracked vehicles or vehicles displaying company signage, company logos, commercial equipment, fixtures or tools.
(A) Class I: Vehicles with a gross vehicle weight rating (GVWR) of more than eighteen thousand (18,000) pounds, or any of the following types of vehicles regardless of weight, including, but not limited to: semitrailers, the tractor portion of semitrucks, garbage trucks, tank trucks, dump trucks, flatbed trucks, tow trucks, cattle trucks, coach buses or school buses designed to carry more than twenty (20) persons or any similar vehicle.
(B) Class II: All vehicles other than class I commercial vehicles including pickup trucks, vans, trailers and school buses designed to carry twenty (20) persons or less.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), pager, and similar services that are marketed to the general public.
COMMISSIONER: The commissioner of the department of natural resources.
COMMUNITY SOLAR GARDEN: A solar electric array with multiple subscribers connected to the utility grid and where subscribers may purchase a portion of the power produced by the array and receive a credit on their electric bill. Utility customers within the community solar garden service area can consist of, but not be limited to, residences, businesses, local units of government, nonprofits and faith based organizations.
CONDITIONAL USE: A listed specific type of structure or land use that may be allowed but only after review and with appropriate conditions or restrictions as provided in the zoning ordinance.
CONDITIONAL USE PERMIT: A permit issued by the planning commission in accordance with procedures specified in this title as a flexibility device to enable the commission to assign dimensions to a proposed use or the conditions surrounding it after consideration of adjacent areas and their functions and the special problems which the proposed use presents.
CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.
CONDOMINIUM UNIT: A portion of a condominium, whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to Minnesota Statutes Annotated section 515A.2-110.
CONSTRUCTION SIGN: A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.
CONVENIENCE STORE, WITH GAS: A small retail establishment that sells groceries, household items and gasoline intended for the convenience of the neighborhood, but does not include automotive service stations or vehicle repair.
CONVENIENCE STORE, WITHOUT GAS: A small retail establishment that sells groceries and household items intended for the convenience of the neighborhood, but does not include gas pumps, automotive service stations or vehicle repair.
CULTURAL AND EDUCATIONAL USES: Any person(s), partnership, association, corporation or other group whose activities are conducted for civic, cultural, educational or humanitarian motives and/or for the benefits of others. Such uses may include, but are not limited to, schools, museums, art galleries, libraries or cultural or historic centers.
DATA CENTER: A centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information pertaining to a business or businesses.
DAYCARE FACILITY, IN HOME: A single-family dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other and are not the legal wards or foster children of the attendant adult. For the purpose of this title, such activities shall meet all requirements of home occupations. The home must meet all state standards for registration and inspections and not exceed state limits for number of clients.
DECIDUOUS TREES: Those trees which drop all of their leaves annually, such as ash, maple, oak, linden, etc.
DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises and other features, attached or functionally related to a principal use or site and at any point extending more than three feet (3') aboveground.
DENSITY, NET: The number of dwelling units per acre excluding arterial road rights of way, wetlands, water features and other publicly dedicated improvements such as parks and/or stormwater ponds.
DENTAL LABORATORY: A facility that produces dental restorations as requested by a licensed dentist. Dental laboratories may produce dentures, crowns, or other dental restorations such as implant crowns.
DEVELOPMENT PROJECT SIGN: A temporary sign located on the site of a new development, listing owners, developers, builders and similar identifying information.
DIMENSIONAL REQUIREMENTS: A minimum/maximum setback yard requirement or structure height or size established in this code.
DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use.
DISTRICT: A specific zoning district as defined in the city zoning ordinance.
DRAINAGEWAY: (A) Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years.
(B) An altered watercourse is that which has been affected by manmade changes in straightening, deepening, narrowing, or widening the original channel.
(C) An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years.
DWELLING: A building or portion thereof designed or used exclusively for residential occupancy as dwelling units, not including hotels, motels, boarding or lodging houses.
DWELLING, APARTMENT: A building or group of buildings on one lot containing five (5) or more separate dwelling units, having separate or joint entrances, and including apartments and condominiums.
DWELLING, APARTMENT/COMMERCIAL: A building designed for one (1) or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside.
DWELLING, SINGLE-UNIT: A detached housing unit containing a single principal dwelling unit.
DWELLING SITE: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING, THREE- TO FOUR-UNIT (TRIPLEX, QUAD): A building containing three (3) or four (4) principal dwelling units on the same lot.
DWELLING, TOWNHOUSE: Single attached units in structures housing three (3) or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances; the structures are a row-type house; not to exceed sixteen (16) units in each structure.
DWELLING, TWIN HOME: A building containing two (2) attached dwelling units, side by side, that share common walls at the lot line and that are on separate lots.
DWELLING, TWO- UNIT (DUPLEX): A building containing two (2) principal dwelling units.
ELECTION SIGN: A temporary sign which displays information pertaining to an upcoming governmental district, city, county, state or national election.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
EQUIPMENT MAINTENANCE AND STORAGE FACILITY: A facility for maintenance, repair or storage of equipment on property owned by the owner of said equipment.
ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam, water or other transmission or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire and alarm systems, traffic signals, hydrants and similar equipment, but not including buildings.
EVERGREEN TREES: Those trees that retain their leaves during dormancy, such as pine, spruce, juniper, yews, fir, etc.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other nonmetallic minerals, and peat not regulated under MSA sections 93.44 to 93.51.
FACADE: That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and the entire width of the building elevation.
FAMILY: One or more persons related by blood, marriage, adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking facilities. Family does not include any society, fraternity, sorority, club, association or other like organization.
FEEDLOT: 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. For purposes of this title, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under this title.
FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLASHING SIGN: An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which, by mechanical means, appears to simulate a flashing sign.
FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in inundation of normally dry areas.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the "Flood Insurance Study For Dakota County, Minnesota, And Incorporated Areas".
FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall encompass all areas designated as zone AE and zone A on the flood insurance rate map.
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA: The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls.
FOOD PROCESSING FACILITY: A facility that transforms raw ingredients into food or transforms food into other forms for consumption by humans or animals either in the home or by the food processing industry.
FUNCTIONAL VALUE INDEX: A number value from 0.1 to 1.0 given to a functional value for a wetland.
FUNERAL HOME: A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A funeral home may include family living quarters for the funeral director/owner.
GARAGE, ATTACHED: An accessory structure of a principal structure which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. Access to a garage requires a paved driveway.
GARAGE, DETACHED: An accessory structure that is detached from the principal building with the ability to park a vehicle within the structure and that requires a garage door. The accessory structure is to be constructed of similar materials as the principal structure.
GOLF COURSE: The land upon which individuals play the game of golf, with a green and a flag. The golf course may include a clubhouse, and various accessory buildings and related practice facilities and areas such as a driving range.
GREENHOUSES AND NURSERIES, COMMERCIAL: A retail establishment for the growth, wholesale and/or display of plants, shrubs, trees and landscape material used in indoor and outdoor planting, conducted within or without an enclosed building.
GROCERY STORE: A place of business established primarily for the retailing of food.
GROUND COVER: Low growing plants or turf grass installed to form a continuous cover over the ground surface.
GROUP DAYCARE: A facility that provides nonmedical care for children or adults in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis.
GROUP DAYCARE CENTER, COMMERCIAL: Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods less than twenty four (24) hours per day, in a place other than the person's own home. Commercial group daycares include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and other "nonresidential programs" as defined by MSA section 245A.02, subdivision 10.
GROUP HOME: A building or residence licensed by the state as a rooming or boarding house and that provides lodging, care and daily assistance for people that are unable to live independently, such as the elderly, mentally ill, or chemically dependent.
HEALTH CLUBS: A facility where members or nonmembers use equipment or space for the purpose of physical exercise.
HOME OCCUPATION: An occupation or profession that is accessory to a residential use; carried on by a member of the family residing in the dwelling unit, clearly incidental and secondary to the use of the building for dwelling purposes.
HOMEOWNERS' ASSOCIATION: An organization consisting exclusively of all unit owners which possesses certain powers and authority over common elements in planned unit developments, condominiums, townhomes or other property.
HORTICULTURE: The growing of garden vegetables, small fruit, orchards, flowers and shrubs or trees.
HOSPITAL: An institution providing health services primarily for human inpatient medical and surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities and staff offices that are an integral part of the facilities.
HOTEL: A building in which there are more than eight (8) sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment.
ILLUMINATED SIGN: Any sign which has characters, letters, designs or outlines illuminated by artificial light directly to or from the interior of the sign.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
IMPOUND LOT: Any structure or land devoted principally to the storage of impounded vehicles or recreational vehicles with or without an office on the premises for the release of those types of vehicles. The impounded vehicles need to be parked in a building or in the rear of a building and any outside parking needs to be one hundred percent (100%) screened.
INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone or made of bronze, or other permanent type of material and made an integral part of the structure.
INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIOR PARKING LOT LANDSCAPING: Any landscape material located within a paved parking area planted with live plant material, such as trees, shrubs, ground cover, or turf grass.
KENNEL, COMMERCIAL: Any place where four (4) or more dogs (male or female) over six (6) months of age, or more than ten (10) cats (male or female) over six (6) months of age, or more than ten (10) ferrets (male or female) over six (6) months of age, or any combination thereof, not including offspring under seven (7) months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or animal clinic. A kennel may include secured outdoor runs and/or play areas.
KENNEL, RESIDENTIAL HOBBY: Any building, structure, enclosure or premises located on a residentially used property where four (4) or more dogs (male or female) over six (6) months of age are kept or maintained.
LED MESSAGE SIGN: A sign that displays information, in a stationary or moving format, by passing electricity through light emitting diodes.
LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines, turf grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick pavers and earthen mounds; and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc.
LANDSCAPED OPEN SPACE: All land within the property lines not covered by structures or sidewalks, drives, patios, pavement or similar surfaces.
LANDSCAPING: Bringing the soil surface to a smooth finished grade, or designing the soil surface with berms, installing sufficient trees, shrubs, ground cover, grass, and other landscape materials to soften building lines, provide shade, promote positive environmental effects, and generally produce a pleasing visual effect on the premises.
LIGHT MANUFACTURING: The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties.
LIMITED COMMERCIAL VENTURE: A commercial establishment conducted in a residential structure located on a residentially zoned parcel of land and in which the structure has been designated or determined eligible as a Farmington heritage landmark and/or is listed on the National Register for Historic Places. Such uses include Class I restaurant, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator.
LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.
LOT: A parcel of land occupied or capable of being occupied by one or more structures, having principal frontage on a public street and intended as a unit for transfer of ownership.
LOT AREA: The area of a lot in the horizontal plane bounded by the lot lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement for a public thoroughfare or road.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets.
LOT, DEPTH OF: A mean horizontal distance between the front and rear lot lines.
LOT FRONTAGE TREES: Trees installed on private property in the front yards of new developments by the developer per the development contract.
LOT, MINIMUM AREA: The measurements of a lot computed exclusive of any portions of the right-of-way of any public thoroughfare.
LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County.
LOT, WIDTH OF: The distance measured between lot lines parallel to the front lot line at the minimum required front yard setback.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement).
MANUFACTURED HOME: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under United States Code, title 42.
MANUFACTURED HOME FOR FLOODPLAIN: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle".
MANUFACTURING FACILITIES: Facilities used for the manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may or may not emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to: sawmills, refineries, commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or storage; meatpacking and slaughter houses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of paris; tanneries; automobile parts; paper and paper products; glass chemicals, crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry forge; casting metal products; rock, stone, cement products; lumberyards; machine shops; products assembly; sheet metal shops; plastics; electronics; general nonalcoholic beverages; signs and displays; printing; publishing; fabricated metal parts; appliances; clothing; textiles and used auto parts.
MARQUEE: A rooflike structure projecting from and attached to a building. Any sign attached to, in any manner, or made a part of a marquee (i.e., theater marquees).
MECHANICAL SALES, SERVICE AND REPAIR: Establishments primarily engaged in the sales, service and repair 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 such equipment.
MICRODISTILLERY: A distillery producing premium, distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as regulated by Minnesota Statutes, as may be amended.
MINERAL EXTRACTION: Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving fifty thousand (50,000) cubic yards in a calendar year or, if the activity of removal will last more than one year.
MINISTORAGE UNITS: A building or series of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and/or household goods.
MIXED USE BUILDING: A single building that includes office, retail, or commercial uses on at least one floor and residential apartments or condominiums on upper floors.
MODULAR HOMES: A factory built home constructed of prefabricated three-dimensional modules which are then delivered to a building site via separate transport and placed on a foundation in compliance with all Federal, local, and State building codes. The term does not include any structure that is affixed to a permanent chassis or is equipped with wheels and/or axles.
MONOPOLE: A wireless communications tower consisting of a single pole or spire supported by a permanent foundation, constructed without guywires and ground anchors.
MONUMENT IDENTIFICATION SIGN: A sign identifying by name a residential, commercial or industrial development which is attached to or supported by a monument structure which is freestanding on the ground, extending horizontally for a minimum of eighty percent (80%) of the entire length of the sign face. The sign shall be constructed of any one or combination of the following materials: brick, stone, decorative masonry, plastic, aluminum, colored metals, or decay resistive wood.
MOTEL: A building or group of buildings used primarily as a temporary residence for motorists, tourists or travelers.
MULTIPLE OCCUPANT SIGN: A sign identifying two (2) or more tenants of a building or shopping center.
MUNICIPAL ENTRANCE SIGNS: A sign identifying the city name located along roadways at the borders of the city boundary.
NATIVE GRASSES: Those species of perennial grasses other than those designated as noxious weeds by the Minnesota department of natural resources.
NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (NPOD): A discrete, geographically definable area containing at minimum twenty five (25) properties which have buildings, structures, and land linked historically through location, design, setting, feeling, and association.
NEIGHBORHOOD SERVICES: Establishments primarily engaged in the provision of frequently or recurrently needed goods or services for household consumption, including, but not limited to, dry cleaning, laundries, tailorings, prepackaged food, household supplies, hardware and other commonly used services.
NONCOMMERCIAL NURSERY: A place where trees, flowering and decorative plants and shrubs are grown on site which may be conducted within a building or without and where the items grown are not sold to the general retail public.
NONCONFORMING SIGN: Any sign which was lawfully erected and maintained prior to the adoption of this code which fails to conform to all applicable regulations and restrictions of this code.
NONCONFORMING STRUCTURE: Any structure permitted by existing city ordinance prior to the adoption of provisions prohibiting such use in such location.
NONCONFORMING USE: Use of land, building or structure which does not comply with all regulations of city ordinances governing the zoning district in which such use is located, adopted subsequent to the initiation of said use.
NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals.
NURSING HOME: A licensed establishment having accommodations for the continuous care of two (2) or more invalid, infirm, aged convalescent patients or disabled persons who are not related.
OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or products sold.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water.
OFFICE: A facility used for conducting the affairs of a business, profession, service, industry or government.
OFFICE SHOWROOM: A facility used for the conduct of a business that involves the display and sale of goods or merchandise on the premises.
OFFICE WAREHOUSE: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises.
ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands; 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 flowages, the ordinary high water level is the operating elevation of the normal summer pool.
ORDINARY HIGH WATER LEVEL SETBACK: The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road highway, property line, or other facility.
ORNAMENTAL TREES: Low growing trees including those species of trees that reach a height between fifteen feet (15') to thirty feet (30').
OUTDOOR SALES: Intermittent buying and selling plus leasing and trading of goods, merchandise or materials where such goods are not enclosed within a building.
OVERLAY ZONE: A mechanism which provides standards and guidelines for architectural, aesthetic and development controls within a designated zoning district which are more restrictive than those required by code within that district.
PAINTED WALL SIGN: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign.
PARKING LOT: An off street, at grade, uncovered area, utilized for the temporary storage of motor vehicles.
PARKS WITH FACILITIES: Parks that include playground equipment, shelter, ball field, hockey rink, soccer field, or any other similar type facility.
PERFORMANCE STANDARDS: Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERMITTED USE: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district.
PERSONAL AND PROFESSIONAL SERVICES: Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on site and off site on a walk in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional services which include, but are not limited to: legal, psychology, and accounting services.
PERSONAL HEALTH AND BEAUTY SERVICES: The selling of services that involve personal health and beauty care and treatment to clients on a walk in or appointment basis. These services include, but are not limited to: barbershops, beauty salons, nail salons, weight loss services, and tanning salons.
PETROLEUM BULK STORAGE: Liquid gasoline, oil, fuel oil or kerosene stored in containers or in tanks aboveground outside of buildings.
PLANNED UNIT DEVELOPMENT: A tract of land which contains one or more principal and accessory uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding district.
PLANT COMMUNITY: In reference to plants, an interacting assemblage of plant populations sharing a given habitat.
PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable from one location to another.
PRINCIPAL STRUCTURE: The main structure for that use to which the premises is devoted and principal purpose for which the premises exists.
PRINCIPAL USE: The main use to which the premises is devoted and the principal purpose for which the premises exists.
PROJECTING SIGN: A sign displayed perpendicular to the surface of a building.
PUBLIC BUILDING: Any building and/or structure owned or operated by a municipality, school district, county, state, or other governmental unit.
PUBLIC GARDENS: Include botanic gardens, arboretums, historic landscapes, conservatories, and display gardens. These gardens focus on display, evaluation, conservation, and research of plants in landscaped and natural settings.
PUBLIC INFORMATION SIGN: Noncommercial signs in the public interest identifying events or public information.
PUBLIC PARKS AND PLAYGROUNDS: Any land owned or leased by the city for the use of the public for active or passive recreation.
PUBLIC UTILITY BUILDING: An occupied structure, building or mechanical facility owned and operated by a public or private utility company which occupies less than five hundred (500) square feet of land area.
PUBLIC UTILITY SERVICE: The providing of electric power, gas, landline telephone service, sanitary sewer and water, plus storm sewers, where appropriate, to the general public.
PUBLIC WATERS: Any waters as defined in MSA section 105.37, subdivisions 14 and 15.
PUMP SETBACK: The distance from the street right of way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right of way.
PYLON SIGN: Any stationary, self-supporting sign not affixed to any other structure and supported by a pole(s).
REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. The segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.
READER BOARD SIGN: That portion of a sign used for removable letters and/or numbers to convey messages.
REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property.
RECREATIONAL EQUIPMENT, SALES, SERVICE AND REPAIR: A use that sells, services and repairs recreational vehicles and equipment.
RECREATIONAL VEHICLE: Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle built on a single chassis and four hundred (400) square feet or less when measured at the largest horizontal projection which is used for recreational purposes, including, but not limited to, recreational camping vehicles as defined by Minnesota Statutes Annotated 327.14 subdivision 7, boats, and off highway vehicles such as snowmobiles, trail bikes, motorcycles and other all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE FACILITY: Any facility and/or property utilized for the storage, either temporarily or permanently, of recreational vehicles on property not owned by the owner(s) of the recreational vehicle.
RECYCLABLE MATERIALS: Materials that are separated from mixed municipal solid waste for the purpose of recycling as defined in the city's solid waste code, including, but not limited to, paper, glass, metals, automobile oil, batteries, cardboard, rubber (excluding tires and wood products).
RECYCLING FACILITY: A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing. The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users' specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting and shredding.
REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than two feet (2') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the 1 percent annual chance flood elevation) caused by encroachments on the floodplain that result from the designation of a floodway shall be determined in one of the following ways: a) for zone AE areas, by using the appropriate value in the "increase (feet)" column for the "1-percent-annual-chance flood water surface elevation" from the respective data table in the document titled "Flood Insurance Study, Dakota County, Minnesota And Incorporated Areas" as adopted by reference in subsection 10-5-25(D)1 of this title; or b) for zone A areas, in accordance with the procedures spelled out in subsection 10-5-25(F)3 of this title.
RESEARCH FACILITY: Any establishment where research and development are conducted related to activities such as the manufacturing or production of tangible personal property, including medical, technical and scientific research.
RESIDENTIAL PLANNED USE DEVELOPMENT: A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites.
RESTAURANTS, CLASS I; TRADITIONAL: An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor.
RESTAURANTS, CLASS II; FAST FOOD CONVENIENCE: Restaurants where customers are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or to be taken to a table or counter to be consumed.
RESTAURANTS, CLASS III; WITH LIQUOR SERVICE: An establishment serving both food and alcoholic beverages, but in which the principal business is the sale of such beverages at retail for consumption on the premises.
RESTAURANTS, CLASS IV; NONINTOXICATING: An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on- sale liquor service. On-sale beer and wine permitted as regulated by this code.
RETAIL SALES AND SERVICE: A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
ROOFLINE: That line at which an exterior wall surface of a building structure departs from a vertical frame.
SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source and including clinics as an accessory use that primarily serve or support employees of the school and their dependents.
SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit and including clinics as an accessory use that primarily serve or support employees of the school and their dependents.
SCREENING: A method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, tree rows, berms, or other features.
SEASONAL PRODUCE STANDS: A temporary use for the purpose of selling seasonal produce.
SEAT: When referred to in order to determine the number of parking spaces required for a use such as church, theater or stadium, a seat shall equal twenty two inches (22").
SEGREGATED CONDOMINIUM: The condominium consists of a single lot or group of lots within a plat.
SETBACK: The minimum distance between the related front, side and rear setback lines.
SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual or cluster type sewage treatment.
SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SEXUALLY ORIENTED BUSINESS: A sexually oriented arcade; sexually oriented bookstore; sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public.
(A) Specified Anatomical Area: Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;
2. Human male genitals in a discernible turgid state, even if opaquely covered.
(B) Specified Sexual Activities: Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsections (B)1 through (B)3 of this definition.
SEXUALLY ORIENTED BUSINESS - ACCESSORY: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures.
SEXUALLY ORIENTED BUSINESS - PRINCIPAL: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:
(A) Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(B) Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(C) Establishment: Means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented business; or
4. The relocation of any sexually oriented business.
(D) Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(E) Nudity Or State Of Nudity: Is described as follows:
1. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or
2. The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
(F) Seminude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(G) Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
(H) Sexually Oriented Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
(I) Sexually Oriented Bookstore, Or Sexually Oriented Video Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas".
(J) Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(K) Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
(L) Sexually Oriented Massage Parlor: A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
(M) Sexually Oriented Motel: A hotel, motel, or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
(N) Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(O) Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
(P) Sexually Oriented Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
SHED: An accessory structure customarily incidental and subordinate to the principal structure and used primarily for storage purposes.
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 fifty percent (50%) of the structure setback.
SHORELAND: Land located within the following distances from public waters: one thousand feet (1,000') from the ordinary high water level of a lake, pond or flowage; and three hundred feet (300') from a river or stream, or the landward extent of a floodplain designed by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.
SHRUBS: Any self-supporting, woody plant of a species that normally grows to an overall height of less than fifteen feet (15') in this region.
SIGN: A name, identification, description, display, illustration, structure, device which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. A sign shall be considered as a structure or part of a structure for the purpose of applying yard and height regulations.
SIGN AREA: That area measured within the perimeter lines of the sign which bears the advertisement; or in the case of messages, figures, or symbols, including those attached directly to any part of a building. The sign area encompasses the extreme limits of the written message, representation, emblem or other display used to convey the message of the sign, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The area of the sign face with more than one sign face shall be computed by adding together the area of all sign faces readable from any one point. When two (2) identical sign faces are readable from any one point, both shall be computed. When two (2) identical sign faces are placed back to back, the sign area shall be computed by the measurement of one of the faces provided that both faces are not readable from any one point and the angle at which the two (2) sign faces are placed does not exceed forty five degrees (45°).
SIGN GRADE: The elevation or level of the ground at the place the sign is to be erected.
SIGN HEIGHT: The height of a sign shall be measured from the base of the sign at the adjacent curb elevation to the top of the highest attached component of the sign.
SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register 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 MSA section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
SINGLE OCCUPANT SIGN: A sign identifying one tenant of a building or in a development.
SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property.
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy.
SPECIAL EVENT SIGN: A sign, temporary in nature and not permanently attached to the ground, announcing a special communitywide event or activity conducted by, sponsored by, or on behalf of the city of Farmington, or another governmental entity, or a charitable or a not for profit organization.
SPECIAL RECYCLING ACTIVITY: Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to section 7-1-3 of this code. Each nonprofit organization shall be limited to four (4) 72-hour events per year.
SPRUCE STREET COMMERCIAL DISTRICT: Area legally described as follows: Beginning at the point of intersection with the centerline of CSAH 50 and the centerline of CSAH 31 in the City of Farmington, Minnesota, County of Dakota; thence easterly from said point along said centerline of CSAH 50 to the point of intersection with the centerline of CSAH 50 and the centerline of Denmark Avenue; thence southerly from said point along said centerline of Denmark Avenue to the point of intersection with the centerline of the South Creek of the Vermillion River; thence westerly from said point along said centerline of the South Creek of the Vermillion River to the point of intersection the westerly line of Section 36, Township 114 North, Range 20 West; thence northerly from said point along said line of Section 36, Township 114 North, Range 20 West to the point of beginning.
STABLES AND RIDING ACADEMIES: Any structure and/or land use designed or arranged for the boarding, training or riding of horses.
STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having an average slope over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more that are not bluffs.
STORABLE SWIMMING POOL: A pool with nonmetallic, molded polymeric walls or inflatable fabric walls constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity.
STRAIGHT TRUCKS: A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck.
STREET: For purposes of this title, any reference to street herein shall mean any street or roadway, public or private, but not to include private driveways.
STREETS, PRIVATE: Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.
STREETS, PUBLIC: A public roadway, constructed within the boundaries of an officially deeded and accepted public right of way, which affords access to abutting property.
STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, but not limited to, buildings, billboards, carports, porches, signs, retaining walls, decks and other building features, but not including sidewalks, drives, fences and patios.
SUBDIVISION: Land that is divided for the purpose of sale, rent, or lease, including planned unit developments.
SUBSTANTIAL IMPROVEMENT: Within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
(B) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
SUPPLY YARD: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TAPROOM: An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes, as may be amended.
THEATER: A facility devoted to showing of motion pictures or for dramatic, dance, musical or other live performance. Such facilities may include related services such as food and beverage sales and other concessions.
TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).
TOP OF THE BLUFF: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).
TOWER: Any ground or roof mounted pole, spire, structure or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWER, MULTIUSER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code.
TRAFFIC DIRECTIONAL SIGN: A sign for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears no advertising information.
TRAVEL TRAILER AND BOAT STORAGE FACILITY: Indoor or outdoor facility for the storage of trailers, boats and other such recreational vehicles.
TREES: Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen feet (15') in this region.
TRUCK TERMINAL: Any structure or land devoted principally to the receipt, transfer, short term storage, and dispatching of goods transported by truck.
TURF: A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes.
VARIANCE: (A) A waiving by the board of adjustment of literal provisions of this zoning title.
(B) A modification of a specific permitted development standard required in this title to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance.
VEGETATION, NATIVE: The presettlement group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction.
WALL SIGN: A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface less than fifteen inches (15") at all points.
WAREHOUSE RETAIL: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises that also contains a retail component that comprises less than thirty percent (30%) of the total floor area occupied. No outdoor display or storage is allowed with this use.
WAREHOUSING FACILITY: A building and/or facility used primarily for the extended storage of goods and materials.
WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground 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 such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached decks.
WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface or the land is covered by shallow water. Consistent with the WCA, wetlands are to be identified and delineated using the methodology set forth in the federal manual for identifying and delineating jurisdictional wetlands (interagency task force on wetland delineation, 1987). For purposes of this definition, wetlands must have three (3) of the following attributes:
(A) A predominance of hydric soils;
(B) Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;
(C) Under normal circumstances support a prevalence of such vegetation.
This definition does not include wetlands created from uplands either: 1) for stormwater storage and management purposes, or 2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity.
WETLAND ALTERATION: Human induced actions that adversely impact the existing condition of a wetland or wetland buffer area, including grading, filling, dredging, dumping; cutting, pruning, topping, and clearing native vegetation; and discharging pollutants (except stormwater). Alteration does not include walking, passive recreation, fishing, farming, planting that enhances native vegetation, or other similar activities allowed under the Minnesota wetland conservation act.
WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be established by using the 1987 corps of engineers (COE) wetlands delineation manual (environmental laboratory, 1987).
WETLAND ENHANCE: To heighten the value of wetlands or wetland buffers with respect to the purposes of this title.
WHOLESALE BUSINESS: A business which sells goods, equipment and materials by bulk to another business or final customer.
WINDOW SIGN: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
YARD: A required open space on a lot which is unoccupied or unobstructed by a structure from its lowest level to the sky except as permitted in this title. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right of way line to a depth required in the setback regulations for the zoning district in which such lot is located. For lots that abut more than one street such as corner and through lots, there may be more than one front yard for purposes of calculating setbacks. Front yard setbacks shall apply to all yard spaces adjacent to a street right of way. Front yard setbacks for structures fronting on private streets shall be measured from the back of curb.
YARD, REAR: The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE: The yard extending along the side lot line between the front yard and the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.
ZONING DISTRICT: An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use, lot size, buildable area and density are uniform.
ZONING OFFICER OR ZONING ADMINISTRATOR: The person designated by the City Administrator to be the Zoning Administrator for the City of Farmington. (Ord. 002-469, 2-19-2002; amd. Ord. 002-477, 7-15-2002; Ord. 002-483, 12-2-2002; Ord. 003-485, 2-18-2003; Ord. 003-496, 7-7-2003; Ord. 004-511, 7-19-2004; Ord. 004-513, 8-2-2004; Ord. 004-519, 9-20-2004; Ord. 005-526, 3-21-2005; Ord. 005-530, 5-16-2005; Ord. 005-538, 7-5-2005; Ord. 005-542, 9-6-2005; Ord. 006-556, 5-15-2006; Ord. 006-562, 9-18-2006; Ord. 007-573, 6-18-2007; Ord. 008-580, 3-3-2008; Ord. 008-582, 5-5-2008; Ord. 008-583, 5-5-2008; Ord. 008-586, 9-15-2008; Ord. 008-596, 12-15-2008; Ord. 009-606, 7-20-2009; Ord. 009-607, 8-3-2009; Ord. 010-626, 9-7-2010; Ord. 011-635, 7-18-2011; Ord. 011-640, 11-7-2011; Ord. 014-669, 9-2-2014; Ord. 015-699, 8-17-2015; Ord. 015-700, 8-17-2015; Ord. 015-704, 10-19-2015; Ord. 018-737, 3-19-2018; Ord. 019-746, 5-20-2019; Ord. 021-761, 8- 16-2021)