10-2-2: DEFINITIONS:
The following words and terms, whenever they occur in this title, are defined as follows:
ACCESSORY DWELLING UNIT (ADU):
A subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, added to or created within a single- family dwelling or detached accessory structure.
ACCESSORY STRUCTURE:
See definition of Structure, Accessory.
ACT:
The critical areas act of 1973, Minnesota statutes sections 116G.01 to 116G.14, and all amendments thereto.
ADJACENT:
Having boundaries that physically touch or adjoin.
ADULT USE:
See section 10-15F-2 of this title for definition.
AGRICULTURE:
The use of land for agriculture purposes, which includes, but is not limited to:
A.   Land that is tilled, cultivated, plowed, or managed in preparation of the soil for planting, seeding, growing, harvesting, production or marketing of flowers, fruits, vegetables, vegetable truck farming, grapes, field crops, row crops, hay, trees, shrubs, bushes, nursery stock, forage, grains, pasture and grazing;
B.   Hydroponics, aquaculture;
C.   Land on which livestock, beef or dairy cattle, poultry, bees, pigs, sheep, goats, donkeys, rabbits, poultry products, apiary products, fish, horses, ponies, including the boarding of horses and ponies (pursuant to the table of allowable uses found in section 10-6-1 of this title) and equestrian activities, game birds and waterfowl and deer, on a game farm licensed under Minnesota statutes section 97A.105, are raised, reared, fed, grown, produced, exhibited, marketed (pursuant to the table of allowed uses found in section 10-6-1 of this title), boarded (pursuant to the table of allowed uses found in section 10-6-1 of this title, and the definition of "commercial horse stable" found in this section) and performed;
D.   The necessary accessory buildings and structures related to the activities listed in subsections A, B and C of this definition; and
E.   Unusable wild land, woodland, wetland and land included in state or federal farm programs.
AIRCRAFT NOISE ZONE:
The aircraft noise zones identified in section 10-13F-6 of this title and on the zoning map of the city of Inver Grove Heights.
AIRPORT:
For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), the South St. Paul municipal airport (Fleming Field) located generally in section 3, township 27, range 22; and south ½ of section 34, township 28, range 22; Dakota County, Minnesota.
AIRPORT ELEVATION:
For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), the established elevation of the highest point on the usable landing area, which elevation is established to be eight hundred twenty feet (820') above mean sea level.
AIRPORT HAZARD:
For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), any structure or tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.
ALLEY:
Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
ALTERATIONS:
Any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed”.
ANIMALS, DOMESTIC:
Dogs, cats, caged birds, fish, rabbits, domestic ferrets, snakes (nonvenomous and nonconstrictor species), gerbils, hamsters, guinea pigs, white rats, and mice, provided the animal’s containment can be accomplished without special modification to an existing structure or the construction of a new structure, either of which requires a building permit from the city.
ANIMALS, FARM AND PERMITTED NONDOMESTIC:
Cows, sheep, pigs, deer and other members of the order Artiodactyla except the family Hippopotamidae; horses and other members of the family Equidae; all birds in the class Aves; squirrels and other members of the family Sciuridae; rabbits and other members of the families Didelphiidae and Macreeopododidae; and other animals if the owner can show the animals are not inherently dangerous.
ANIMALS, INHERENTLY DANGEROUS:
Animals other than “domestic” and “farm and permitted nondomestic animals”, as defined in this section, which are inherently dangerous including, but not limited to, wolves, coyotes, bears, snakes (venomous and constrictor species), skunks, cougars, tigers, and any crossbreeds thereof, or crossbreeds with “domestic” or “farm and permitted nondomestic animals”, as defined in this section.
ANTENNA:
Any structure or device used for the purpose of collecting or radiating electromagnetic waves including, but not limited to, directional antennas such as panels, microwave dishes, satellite dishes, short wave radios and omnidirectional antennas such as whips.
APARTMENT:
A room or suite of rooms with cooking facilities which is occupied as a residence by a single family, or a group of individuals living together as a single- family unit. The term includes any unit in buildings with more than two (2) dwelling units.
ART STUDIO:
Workspace for artists or artisans, including individuals practicing and/or teaching one of the fine arts, such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture and writing.
ASBESTOS:
Any of six (6) naturally occurring, hydrated mineral silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite.
ASBESTOS CONTAINING MATERIAL:
Material that contains more than one percent (1%) asbestos by weight.
ASH:
The incombustible material that remains after a fuel or solid waste is combusted.
ASPHALT OR ASPHALT CEMENT:
A mixture of bitumin obtained from native deposits or as a petroleum byproduct used for roofing or paving that is in a solid state at one hundred degrees Fahrenheit (100°F) or less as defined in Minnesota rules section 7151.1200, subpart 4a, which may be amended from time to time.
ASSISTED LIVING FACILITY:
Any facility licensed by the state department of human services, public or private, which, for gain or otherwise, regularly provides one or more persons with twenty four (24) hours per day substantive 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.
AUTO AUCTION SALES:
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 REPAIR, MAJOR:
The general repair, rebuilding, or reconditioning of engines, transmissions, differentials, motor vehicles, or trailers, including body work, frame work, and major painting service.
AUTO REPAIR, MINOR:
The replacement of any part or repair of any part that does not require the removal of the engine head or pan, engine, transmission or differential to passenger automobiles and trucks not in excess of seven thousand (7,000) pounds’ gross vehicle weight.
AUTOMOBILE BODY SHOP:
A place where the following services may be carried out: collision service such as frame or fender straightening and repair, painting and undercoating of automobiles.
AUTOMOBILE SERVICE CENTER:
An establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, bumping, painting and refinishing. No petroleum products are sold or dispensed on the premises.
AUTOMOBILE SERVICE STATION:
An establishment where gasoline and other petroleum products are sold and dispensed by a service station attendant and/or self-service. Service stations also include light maintenance activities such as engine tuneups, minor auto repairs, and lubrication, but exclude major auto repair.
BACKWATER:
A body of water connected with, but little affected by, the main stream.
BARGE FLEETING AREA:
An area on the river, or on off channel, where barges are temporarily parked and secured by onshore tie downs while tows are assembled or broken up.
BARGE SLIP:
A dredged or excavated basin, usually adjacent to a wharf, jetty, dock or other cargo handling facility, where barges are brought for the purpose of loading or unloading cargo.
BASEMENT:
A.   A portion of a building located partly underground but having half or more of its floor to ceiling height below the average grade of the adjoining ground.
B.   In floodplains, a "basement" means any area of a structure, including crawl spaces, having its floor or base subgrade below ground level on all four (4) sides, regardless of the depth of excavation below ground level.
BEAUTY/BARBER SHOP:
Any commercial establishment, including residences, wherein cosmetology or barbering is offered for compensation. A beauty/barber shop may only operate in a residence if it meets the definition of “home occupation” found in this section, it satisfies the performance standards found in section 10-15-26 of this title, and it has first been issued a conditional use permit by the City Council.
BED AND BREAKFAST:
A house, or portion thereof, where short term lodging rooms and meals are provided. The operator of the bed and breakfast shall live on the premises.
BIORETENTION:
A landscaped area typically located at the edge of parking lots and may have an underdrain present where stormwater runoff is directed for filtering and discharge to other stormwater features.
BLUFF:
A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff; in the Mississippi River Critical Area Overlay District, a “bluff” is defined as a “bluff line” and is found below):
A.   Part or all of the feature is located in a shoreland area;
B.   The slope rises at least twenty five feet (25') above the ordinary high water level of the water body;
C.   The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and
D.   The slope must drain toward the water body.
BLUFF IMPACT ZONE:
A bluff and land located within twenty feet (20') from the top of a bluff.
BLUFF LINE:
A line delineating the top of a slope connecting the points at which the slope becomes less than eighteen percent (18%). More than one bluff line may be encountered proceeding landward from the Mississippi River.
BOARD:
The Board of Adjustments and Appeals1.
BOATHOUSE:
A structure designed and used solely for the storage of boats or boating equipment.
BODY ART ESTABLISHMENT:
Any structure or venue, whether permanent, temporary, or mobile, where body art is performed. Mobile establishments include vehicle mounted units, either motorized or trailered, and readily movable without disassembling and where body art procedures are regularly performed in more than one geographic location.
BREW PUB:
Shall mean a brew pub as defined by Minnesota Statutes section 340A.24.
BUILDING:
Any structure, temporary or permanent, used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT:
The vertical distance measured from the established grade at the front of the house to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. If more than fifty percent (50%) of the lowest level walls are exposed, then the building height shall be measured from the lowest floor elevation.
BUILDING LINE:
A line parallel to a lot line or to the ordinary high water level of a water body or river at the minimum required setback beyond which a structure may not extend.
BUILDING, MAIN OR PRINCIPAL:
A building in which is conducted the principal use of the lot on which it is situated.
BUSINESS:
Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CAR WASH:
A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.
CHURCH:
A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body, organized to sustain public worship.
CITY:
The city of Inver Grove Heights.
CITY FORESTER:
The forester hired by the city of Inver Grove Heights.
CLEAR CUTTING:
A.   The removal of an entire stand of trees.
B.   In the Mississippi River critical area overlay district, "clear cutting" means the removal of twenty five percent (25%) or more of the canopy massing of a stand of trees and shrubs.
CLINIC:
A building or portion of a building containing offices and facilities for providing state licensed medical, dental, psychiatric and other healthcare services for outpatients only.
CLUSTERING/CLUSTER HOUSING:
The development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.
COMMERCIAL GREENHOUSE:
A retail business where the primary operations are the selling of landscaping and plant materials grown on site either in an enclosed building or outside.
COMMERCIAL HORSE STABLE:
See definition of Horse Stable, Commercial.
COMMERCIAL KENNEL:
See definition of Kennel, Commercial.
COMMERCIAL PLANNED DEVELOPMENT:
For the purposes of chapter 13, article A of this title, a commercial planned development is a planned development of a mix of commercial uses.
COMMERCIAL USE:
The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services.
COMMON SPACE:
For townhouse development, means all of the land that is owned in common by all of the townhouse unit owners.
COMMUNITY GARDEN:
An area of land that is managed and maintained by a group of three (3) or more individuals (either within or outside of an organization) that do not own or dwell upon the land to grow and harvest food crops and/or nonfood ornamental crops such as flowers for personal use, group use, consumption or donation. Community gardens may be divided into separate distinct plots for cultivation respectively by different individuals or different groups of individuals and/or may be farmed collectively by members of the same group and may include common areas maintained and used by group members.
COMPOST FACILITY:
A site used to compost or co-compost solid waste, including all structures or processing equipment used to control drainage, collect and treat leachate, and storage areas for the incoming waste, the final product, and residuals resulting from the composting process.
COMPOSTING:
The controlled microbial degradation of organic waste to yield a humus like product.
COMPREHENSIVE PLAN:
The City Comprehensive Plan.
CONCRETE:
A material consisting of a coarse and fine aggregate bound by a paste of cementitious material and water, with admixtures added to achieve various properties, which then sets into a hard and rigid substance as defined in Minnesota Rules section 7005.0100, subpart 4d, which may be amended from time to time.
CONDITIONAL USE:
See definition of use, conditional.
CONDOMINIUM:
See definition of dwelling/dwelling unit: condominium.
CONSTRUCTION PRODUCT DEBRIS:
Waste building or construction products and materials in a solid, cured state, containing no liquids, that are derived from or result from the manufacture or fabrication of building and construction products and materials, excluding receptacles containing, or that once contained, any solvents, paints, varnishes, adhesives, tar, sealants, cleaning compounds and other similar materials.
CONVENIENCE STORE:
Any retail establishment offering for sale primarily prepackaged food products, household items, gasoline, and other petroleum products.
COOPERATIVE:
See definition of dwelling/dwelling unit: cooperative.
COUNCIL:
The City Council of the City of Inver Grove Heights, Minnesota.
COVER MATERIAL:
Material approved by the MPCA that is used to cover compacted solid waste in a land disposal site. Important general characteristics of good cover material are low permeability, uniform texture, cohesiveness, and compactibility.
CURB LEVEL:
The grade elevation established per the approved utility plans of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this title.
DNR:
The Commissioner of the Department of Natural Resources, or the appropriate staff.
DATA CENTER:
A facility used primarily to house computer systems and associated components, such as telecommunication and storage systems, that are used for the storage, management, and dissemination of data and information pertaining to a business or businesses.
DAYCARE FACILITY:
Any State licensed facility, public or private, which, for gain or otherwise, regularly provides one (1) or more persons with care, training, supervision, habitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day. “Daycare facilities” means a nonresidential program under Minnesota Statutes section 245A.02, subdivision 10.
DAYCARE FACILITY, IN-HOME:
Any State licensed facility where childcare is provided to twelve (12) children or less in the principal residence as regulated by Minnesota Statutes.
DAYCARE FACILITY, MULTIPLE-FAMILY:
Any State licensed facility where childcare is provided to thirteen (13) to sixteen (16) children as regulated by Minnesota Statutes.
dBA:
A unit of sound pressure level weighted by use of the A metering characteristics and weighting as specified in the American National Standards Institute “Specification for Sound Level Meters” (ANSI S 1.4-1983), which is hereby incorporated by reference; dBA is also referred to as an A-weighted decibel.
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.
DEMOLITION DEBRIS:
Solid waste resulting from the demolition of buildings, roads, and other manmade structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Demolition debris does not include asbestos waste.
DEVELOPMENT:
In the Mississippi River Critical Area Overlay District, means the making of any material change in the use or appearance of any structure or land including, but not limited to: a reconstruction, alteration of the size or material change in the external appearance of a structure on the land; a change in the intensity of the use of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples), mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste or fill on a parcel of land; the dividing of land into two (2) or more parcels.
DEVELOPMENT PERMIT:
In the Mississippi River critical area overlay district, means a building permit, excavation permit, discharge permit, permit for dredging, filling or altering any portion of a watercourse; plat approval, rezoning, certification, variance, conditional use permit or other action having the effect of permitting any development.
DEVELOPMENT PLAN:
In the sand and gravel zoning district, a plan guiding development of the property to the ultimate land use after the sand and gravel operation has ceased. Such plan shall include, but is not limited to, site analysis information, deposit analysis, master plan, quantities and staging plan.
DISCHARGE ONTO SITE:
Causing effluent or other liquids emanating from a development to percolate into the subsoil or be caused to flow over a site.
DISPOSAL FACILITY:
A waste facility permitted by the MPCA that is designed or operated for the purpose of disposing of waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility.
DISPOSAL OR DISPOSE:
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including groundwaters.
DOG TRAINING FACILITY:
An indoor training facility which is maintained as a business where dogs are trained. Overnight boarding of dogs shall not be permitted.
DRINKING ESTABLISHMENT:
A commercial establishment dispensing alcoholic beverages for consumption on the premises where the preparation of food may or may not be provided, including restaurants and supper clubs.
DRIVEWAY:
A private road that connects a house, garage, or other building with the street.
DWELLING, ATTACHED:
One that is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, DETACHED:
One that is entirely surrounded by open space on the same lot with no common party walls.
DWELLING/DWELLI NG UNIT:
A.   A building, or one or more portions thereof, occupied or intended to be occupied exclusively for residential purposes, which includes a bathroom and complete toilet facilities, which are arranged, designed or used as living quarters for one family or household, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, trailer coaches, recreational vehicles, or any type of lodging rooms. A one-family detached dwelling shall include a manufactured home, as defined in this section, provided the manufactured home has received HUD certification and meets the construction and safety standards promulgated by the United States department of housing and urban development (HUD) in effect at the time application is made for a building permit. All one-family, detached dwellings, including manufactured homes that meet the definition of dwelling, shall comply with the following:
1.   A permanent, full perimeter foundation system that complies with the Minnesota state building code.
2.   Sheet metal siding is not permitted.
3.   Siding shall be at least six inches (6") above finished grade.
4.   A minimum width of twenty four feet (24').
5.   A minimum of one thousand (1,000) square feet of usable floor area for human habitation, excluding garage space.
B.   Subsection A2 of this definition shall not apply to approved earth sheltered homes. Dwellings other than manufactured homes shall comply with the Minnesota state building code. Manufactured homes shall comply with the HUD standards in effect at the time application is made for building permit and with the Minnesota state building code insofar as the foundation is concerned.
C.   There are two (2) principal types of "dwelling units", single-family and multiple-family. Multiple-family dwelling units are grouped into two-family, duplex, twin home, townhouse, condominium, cooperative and apartment groups.
   Condominium:
A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the common property. In a condominium, each apartment or townhouse is owned outright by its occupant, and each occupant also owns a share of the land and other common property.
   Cooperative:
A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the total enterprise.
   Multiple Dwelling Unit Building/ Apartment:
A residential building containing three (3) or more dwelling units, most commonly occupied by tenants in a rental arrangement, with common walls, and separate housekeeping and cooking facilities for each.
   Single-Family Dwelling:
A freestanding residence structure designed for or occupied by one family only. In addition to a single family occupying a single-family dwelling, supervised student housing may occupy the dwelling as an interim use subject to:
1.   Up to eight (8) students, with the number determined by the formula in the interim use section of this code, under the general supervision of the single family occupying the dwelling, pursuant to a program sponsored by an organization, holding a tax status of 501(c)(3) that promotes education provided students are participating in an educational program located in Dakota County.
    Townhouse:
Three (3) or more horizontally attached townhouse dwelling units, separated by party walls, and shall not exceed eight (8) such townhouse dwelling units per structure.
   Twin Home:
A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of each other, with each unit located on a separate, single parcel of record, with the party wall separating the units acting as a dividing line.
   Two-Family Dwelling Or Duplex:
A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.
DWELLING SITE:
A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreation vehicle sites.
DYNAMIC DISPLAY BILLBOARD:
A billboard or portion thereof that displays static or dynamic text, images, graphics, or pictures where the message change sequence is accomplished by any method other than physically or mechanically removing and replacing the sign face or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the billboard. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking, projecting, or other animated display and any display that incorporates rotating panels, light bulbs, fiber optics, LED lights manipulated through digital input, “digital ink”, or any other method or technology that allows the sign face to present a series of text, images, or displays.
EASEMENT:
A grant by an owner of land for a specific use by persons or agencies other than the owner.
EFFICIENCY UNIT:
A dwelling unit with one primary room which doubles as a living room, kitchen, and bedroom.
ENCLOSURE:
Any structure of lumber, building blocks or similar materials, constructed at a value of less than the minimum for which a building permit is required, and intended to provide shelter.
ENERGY RECOVERY FACILITY:
A site used to capture the heat value of solid waste for conversion to steam, electricity, or immediate heat by direct combustion or by first converting it into an intermediate fuel product. Municipal solid waste combustors are included in the definition of energy recovery facilities.
EQUAL DEGREE OF ENCROACHMENT:
A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ESSENTIAL SERVICES:
Services provided by public and/or private utilities, necessary for the use of principal structures. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewer, stormwater drainage, and communication systems and accessories thereto, such as poles, towers (except that telecommunications towers are regulated under chapter 15, article G of this title), wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar accessories in connection therewith, but not including any other essential service buildings. In the Mississippi River critical area overlay district, “essential services” also does not include transmission services.
ESSENTIAL SERVICES BUILDINGS:
Buildings necessary for the provision of essential services, including, but not limited to, telephone exchange stations, booster or pressure regulating stations, wells and pumping stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within fifty feet (50') from any lot line of an abutting lot in an R or E district.
ESTABLISHED RESIDENTIAL NEIGHBORHOOD IN A BUILT UP URBAN AREA (ERN-BUUA) (Or Established Residential Neighborhood):
For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), means an area, which, if it existed on or before January 1, 1978 (for low density structures and lots) and an area which, if it existed on or before July 2, 1979 (all other land uses), shall be considered a conforming use that shall not be prohibited except as provided in subsection 10-13H-3B5 of this title, “Exemptions For Established Residential Neighborhoods”. The following criteria shall be applied and considered in determining what constitutes an “ERN-BUUA”:
A.   Location of the South St. Paul airport;
B.   Nature of the terrain within safety zones A and B;
C.   Existing land uses and character of the neighborhood around the South St. Paul airport;
D.   Population of the community;
E.   That the average population density in all areas within one mile of any point on a runway of the South St. Paul airport be equal to or greater than one dwelling unit per acre;
F.   Population density near the South St. Paul airport compared with population density in other areas of the community;
G.   The age and the economic, political and social stability of the neighborhood and the community as a whole;
H.   The proximity of supporting school, commercial, religious, transportation and other facilities and their degree of integration with residential land uses;
I.   Presence or absence of public utilities including, but not limited to, public sanitary sewer system, electric service and gas mains;
J.    Whether or not the factors listed in subsections H and I of this definition tend to make the community surrounding the South St. Paul airport a self-sufficient unit;
K.   Whether the area within one mile of the perimeter of the South St. Paul airport property would be considered primarily residential in character; and
L.   Other material factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban and built up.
EXCAVATION:
A.   Any breaking of ground, except common household gardening and ground care.
B.   In the sand and gravel zoning district, the removal, filling with, or storage of rock, sand, gravel, clay, black dirt or other similar material.
EXCAVATION PERMIT:   
A permit issued by the city to remove, excavate or store rock, sand, dirt, gravel, clay or other like material.
EXTERIOR STORAGE (Includes Open Storage):
The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FACILITY:
In integrated resource management overlay districts, means the land, structures, monitoring devices, and other improvements on the land used for monitoring, treating, processing, storing, or disposing of solid waste, leachate, or residuals from solid waste processing.
FAMILY:
An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common cooking facilities.
FARM:
A tract of land that is principally used for agricultural activities.
FEEDLOT:
A confined, unenclosed area where there is no vegetation for the feeding, breeding, raising or holding of livestock, where livestock manure can accumulate and where there is no vegetation growing on the site.
FENCE:
Any partition, structure, wall or gate erected as a divider, marker, barrier or enclosure and located along the boundary or within the required yard.
FLOOD:
A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY:
The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE:
That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the flood insurance study for the city of Inver Grove Heights.
FLOODPLAIN:
The beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood.
FLOODPROOFING:
A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY:
The bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining floodplain that are reasonably required to carry and discharge the regional flood.
FLOOR AREA:
The sum of the horizontal areas of each story of the building measured from the interior faces of the exterior walls. The floor area measurement is exclusive of areas of unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
FOREST LAND CONVERSION:
The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
FRONTAGE:
That boundary of a lot that abuts a street.
FRONTAGE ROAD:
A local road or street auxiliary to and located on the side of a highway for service to abutting property and adjacent areas and for control of access.
GALLERY OR ART GALLERY:
A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public.
GARAGE CONDO:
A building or buildings governed by a Homeowners Association consisting of individual, self-contained units that are owned or leased where personal items are stored, distinguished by the ability of owners or tenants to customize build out of the units. Ministorage Facilities are not Garage Condos. Garage condo developments may include within the buildings community gathering spaces or office areas.
GARAGE, PRIVATE:
An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.
GARAGE, PUBLIC:
Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles.
GARBAGE:
Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
GOVERNING BODY:
City council of Inver Grove Heights.
GRADE:
The average of the finished level at the center of the exterior walls of the building.
GREEN WASTE:
Food scraps, soiled and nonrecyclable paper packaging, pet waste, disposable diapers, and organic sludges.
GROUP HOME, MULTIPLE-FAMILY:
A state licensed residential facility serving from seven (7) through sixteen (16) persons.
GROUP HOME, SINGLE-FAMILY:
Either a state licensed residential facility serving six (6) or fewer persons or a state licensed group family daycare facility to serve fourteen (14) or fewer children. Any residential facility whose purpose is to treat juveniles who have violated criminal statutes relating to sex offenses shall not be considered a single-family group home.
HARDSHIP, UNDUE:
Where property 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 property, not created by the landowner, and a variance, if granted by the city council, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if a reasonable use for the property exists under terms of the official controls.
HAZARDOUS WASTE:
Any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials, in solid, semisolid, liquid, or contained gaseous form which, because of its quantity, concentration, or chemical, physical or infectious characteristics, may: a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended. Determination of whether a waste is a hazardous waste shall be made in accordance with the procedures, criteria and lists set forth in Minnesota rules chapter 7045 and code of federal regulations title 40, parts 260 and 261. In any circumstances where there is a conflict between state rules and federal regulations regarding determination of hazardous waste, the more stringent provision shall apply.
HEALTHCARE FACILITY:
An institution providing health services primarily for human inpatient medical or surgical care for the sick and injured and including related facilities such as laboratories, outpatient, departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.
HEIGHT:
For the purpose of determining the height limits in all airport zones set forth in chapter 13, article H of this title and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. See also definition of Building Height for a definition not related to airport regulations.
HERITAGE TREES:
Healthy, large, hardwood trees which equal or exceed twenty seven inches (27") dbh and large coniferous trees which equal or exceed twenty four inches (24") dbh which have been determined to be of high value because of their type, size (diameter at breast height [dbh]), age or other professional criteria. A tree in fair or better condition must meet the following criteria:
A.   A life expectancy of greater than ten (10) years.
B.   A relatively sound and solid trunk with no extensive decay or hollow.
C.   No major insect or pathological problem.
D.   A lesser size tree can be considered a heritage tree if a certified forester determines it is a rare or unusual species or of exceptional quality.
HISTORIC PRESERVATION:
The protection by various means of buildings or other structures, land areas, or districts that are identified by the Minnesota State Historical Society or the National Register of Historic Places.
HOME OCCUPATION:
See subsection 10-15-26B of this title for definition.
HOMEOWNERS’ ASSOCIATION:
An incorporated nonprofit organization operating under recorded land agreements through which:
A.   Each lot and/or homeowner is automatically a member;
B.   Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and
C.   The charge, if unpaid, becomes a lien against the property.
HORSE STABLE, COMMERCIAL:
A building or structure and/or land whose operator boards more than three (3) horses other than his own.
HOTEL:
A building that provides a common entrance, lobby, halls and stairway and in which twenty (20) or more people can be, for compensation, lodged with or without meals.
IMPERVIOUS SURFACE:
That surface of the lot: a) which has been covered or has been physically altered and b) that contains a constructed hard surface, which would prevent or retard the entry of water into the soil and cause water to run off in greater quantities or at an increased rate of flow than prior to development. Examples include concrete, asphalt, pavers, permeable pavement systems and various compacted materials including aggregate, limestone, gravel driveways, gravel parking areas, gravel storage areas and recycled bituminous. Buildings, rooftops, sidewalks, patios, driveways, parking areas, storage areas, tennis and basketball courts, covered decks and decks with an impervious surface below and any other structure shall be included for the purpose of calculating maximum lot coverage. Exception: Decks with grass, bare ground or other natural porous surfaces below will not be considered when calculating lot coverage percentage.
INCINERATOR:
A furnace or container for burning solid waste to ash.
INDUSTRIAL INCINERATOR ASH:
The ash generated from a commercial, industrial, manufacturing, or service establishment incinerator.
INDUSTRIAL SOLID WASTE:
All solid waste generated from an industrial or manufacturing process and solid waste generated from nonmanufacturing activities such as service and commercial establishments. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, municipal solid waste combustor ash, or household refuse.
INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITY:
A site used to dispose of industrial solid waste in or on the land.
INDUSTRIAL USE:
Within the Mississippi River critical area overlay district, this includes, without limitation, factory, office building, warehouse, elevators, material transfer site, pipeline, refuse and material storage areas.
INDUSTRY, HEAVY:
A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials.
INDUSTRY, LIGHT:
A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts.
INFECTIOUS WASTE:
Waste originating from the diagnosis, care, or treatment of a person or animal that has been or may have been exposed to a contagious or infectious disease. Unless the materials have been rendered noninfectious by procedures approved by the State Commissioner of Health, infectious waste includes:
A.   All wastes originating from persons or animals placed in isolation for control and treatment of an infectious disease;
B.   Bandages, dressings, casts, catheters, tubing, and similar disposable items which have been in contact with wounds, burns, anatomical tracts, or surgical incisions and which are suspect of being or have been medically verified as infectious;
C.   All infectious anatomical waste, including human and animal parts or tissues;
D.   Infectious sharps and needles;
E.   Laboratory and pathology waste of an infectious nature; or
F.   Any other waste, as defined by the State Commissioner of Health, which, because of its infectious nature, requires handling and disposal in a manner prescribed for subsections A through E of this definition.
INFILTRATION BASIN/TRENCH:
An area that allows stormwater rainfall/runoff to gradually seep into the ground.
INFILTRATION RAINGARDEN:
Landscaped garden designed and planted to receive and infiltrate stormwater runoff.
INTENSIVE VEGETATION CLEARING:
The removal of fifty percent (50%) or more of the canopy massing of trees, grasses or shrubs in a contiguous patch, strip, row, or block.
INTERIM USE:   
A temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. Interim uses will only be allowed where the zoning expressly permits such interim uses.
KENNEL, COMMERCIAL:
Any place where four (4) or more dogs over the age of six (6) months are kept for the primary purpose of commercial breeding, keeping, harboring or selling of dogs. A commercial kennel does not include animal hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
KENNEL, COMMERCIAL DAYCARE:
Any place where dogs are kept for the primary purpose of commercial pet sitting or “doggie daycare”, provided all of the following are met:
A.   Limited to a maximum of twenty (20) dogs on site at any one time.
B.   No outdoor runs or kennels allowed.
C.   The requirement and location of any outside fenced area, if any, shall be determined by the Council.
D.   Dogs shall be on a leash not greater than sixteen feet (16') and handled by an employee at all times when outside the building during the animal’s stay.
E.   An employee shall remain on site at all times animals are on the premises including overnight.
F.   Dogs shall be kept inside at all times except when exercised by an employee.
G.   Designated bathroom area shall be cleaned daily.
KENNEL, NONCOMMERCIAL:
Any place where four (4) or more dogs over the age of six (6) months are kept but not for the primary purpose of commercial breeding, keeping, harboring or selling of dogs.
LAND ALTERATION:
For tree protection and preservation purposes, means any modification, tree cutting or removal, grading, clearing, filling or other change to a woodland which may initially or cumulatively results in:
A.   The movement of more than five hundred (500) cubic yards of earth where significant trees are present; or
B.   Any alteration of land of more than one foot (1') from the natural contour of the ground on any contiguous four hundred fifty (450) square feet of ground where there are significant trees on any parcel of land; or
C.   Any cutting, removal or killing of more than twenty percent (20%) of the significant trees on any parcel of land; or
D.   Any destruction or disruption of tree cover equal to or greater than twenty five percent (25%) of the total tree cover on any parcel of land; or
E.   Any other significant change in the natural character or topography of the land.
LANDING AREA:
The area of the South St. Paul airport used for the landing, taking off or taxiing of aircraft.
Ldn:
The day-night average level, or the twenty four (24) hour equivalent continuous sound level (time averaged A-weighted sound level) from twelve o’clock (12:00) midnight to twelve o’clock (12:00) midnight, obtained after the addition of ten (10) dBA to sound levels measured from ten o’clock (10:00) P.M. to seven o’clock (7:00) A.M.
LIVESTOCK:
Includes, but is not limited to, horses, cattle, pigs and turkeys.
LOADING SPACE:
An off street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT:
A unit of land designated by plat, metes and bounds, registered land survey, auditor’s subdivision, or other accepted means and separated from other parcels or portions by said description for the purpose of sale or lease or separate use thereof. For purposes of measuring the size of the lot, if the lot is not platted, all areas encumbered by public or private road or driveway easements shall be excluded.
LOT AREA:
The area of a lot in a horizontal plane bounded by the lot lines. For purposes of measuring the size of the lot, if the lot is not platted, all areas encumbered by public or private road or driveway easements shall be excluded.
LOT, CORNER:
A lot situated at the junction of, and abutting on two (2) or more intersecting streets.
LOT COVERAGE:
The area of the lot occupied by the principal buildings and accessory buildings.
LOT DEPTH:
The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE:
The property line bordering a lot, except that where any portion of a lot extends into the right of way, the line of such right of way shall be the lot line for purposes of this title.
LOT LINE, FRONT:
That boundary of a lot that abuts a street, and in the case of a corner lot, it shall be the shortest dimension on a street.
LOT LINE, REAR:
That boundary of a lot that is opposite the front lot line. If the rear line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE:
Any boundary of a lot that is not a front lot line or a rear lot line.
LOT OF RECORD:
Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor’s subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor’s subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for Dakota County, Minnesota, prior to the effective date hereof.
LOT, SUBSTANDARD:
For purposes of the critical area overlay district, chapter 13, article C of this title, a lot or parcel of land for which a deed has been recorded in the office of the county recorder upon or prior to the effective date hereof which does not meet the minimum lot area, structure setbacks or other dimensional standards of this title.
LOT WIDTH:
The minimum horizontal distance at the building setback. For riparian lots, the width shall be the shortest distance between lot lines measured at the midpoint of the building line. The “building line” is defined in this section as a line parallel to a lot line or the ordinary high water level of a water body at the minimum required setback beyond which a structure may not extend. In the instance of a lot on a cul-de- sac, said distance shall be measured along a line that is tangent to the building setback.
LOW DENSITY RESIDENTIAL LOT:
For purposes of chapter 13, article H, “South St. Paul Airport Overlay District”, of this title, means a single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residence.
LOW DENSITY RESIDENTIAL STRUCTURE:
For purposes of chapter 13, article H, “South St. Paul Airport Overlay District”, of this title, this term means a single-family or two-family home.
LOW FREQUENCY NOISE:
Noise with a frequency of one hundred (100) Hz or lower is generally considered low frequency noise, although a number of different metrics are used to represent low frequency noise levels. This noise can easily penetrate structures and is not easily attenuated with normal construction practices. A major effect of low frequency noise is perceived vibration and rattling of items within a structure. Measures for addressing low frequency noise are being assessed by the federal aviation administration.
LOW IMPACT DEVELOPMENT (LID):
An ecologically friendly approach to site development and stormwater management that aims to mitigate development impacts to land, water, and air by integrating site design and planning techniques that conserve natural systems and hydrologic functions of the site.
LOWEST FLOOR:
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor.
MOEA:
The Minnesota office of environmental assistance.
MPCA:
The Minnesota pollution control agency.
MANUFACTURED/MODULAR 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; 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 and complies with the standards established under this title. In the floodplain district the term “manufactured home” does not include the term “recreational vehicle”.
MANUFACTURED/MODULAR HOME PARK:
Any site, lot, field or tract of land upon which two (2) or more occupied manufactured/modular homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured/modular home park.
MARKET GARDENS:
A market garden is a growing space where food crops to be sold are grown. A market garden is distinguished from a farm by its smaller scale and lack of mechanization. A market garden is distinguished from a community garden by its exclusionary control.
MASSAGE THERAPY, LICENSED:
A business licensed by the city pursuant to title 4, chapter 8 of this code to engage in therapeutic massage as defined therein.
MEDICAL FACILITY OR COMPLEX:
A building or group of buildings used to provide state licensed physical or mental health services, inpatient or outpatient accommodations, medical or surgical care, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training.
METES AND BOUNDS DESCRIPTION:
A description of real property that is not described by reference to a lot or block shown on a plat, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by describing lines or portions thereof.
METROPOLITAN SYSTEM:
Those facilities for which the metropolitan council has planning responsibility, including, but not limited to, interceptor sanitary sewers, sewage treatment plants, transit facilities, regional parks and major highways.
METROPOLITAN URBAN SERVICE AREA (MUSA):
The portion of the metropolitan area having metropolitan sewer service available, good highway access, transit service and most municipal services, as designated by the regional blueprint published by metropolitan council.
MICRO WIRELESS FACILITY:
A small wireless facility that is no larger than twenty-four (24) inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if any, is no longer than eleven (11) inches.
MINING:
The extracting of sand, gravel, rock, soil or other material from the land in the amount of one thousand (1,000) cubic yards or more and the removing thereof from the site without the construction of a building, which is approved in a building permit.
MINISTORAGE/SELF- SERVICE STORAGE FACILITY:
A building consisting of individual, small, self- contained units that are leased or owned for the storage of business and/or household goods.
MISSISSIPPI RIVER CORRIDOR:
That area within the boundaries of the Mississippi River corridor critical area.
MIXED MUNICIPAL SOLID WASTE:
Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead, acid, batteries, used oil, and other materials collected, processed, and disposed of as separate waste streams.
MIXED MUNICIPAL SOLID WASTE LAND DISPOSAL FACILITY:
A site used for the disposal of mixed municipal solid waste in or on the land.
MOTEL:
A building or group of detached, semidetached, or attached buildings containing guestrooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile travelers.
MOTOR HOME OR RECREATION VEHICLE:
Any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets, and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.
MULTIPLE DWELLING UNIT BUILDING:
See definition of Dwelling/Dwelling Unit: Multiple Dwelling Unit Building/Apartment.
MUNICIPAL SOLID WASTE COMBUSTOR ASH:
Ash from the combustion of mixed municipal solid waste or refuse derived fuel at a waste combustor. Municipal solid waste combustor ash does not include ash from waste combustors which accept hazardous waste except in household quantities as allowed by Minnesota rules part 7045.0120, item A. Municipal solid waste combustor ash, which is managed according to Minnesota rules parts 7035.2885 to 7035.2915, is a solid waste and is not subject to regulation under Minnesota rules chapter 7045. Ash from a facility that burns a mixture of mixed municipal solid waste or refuse derived fuel and infectious waste or other nonhazardous wastes such that twenty percent (20%) or more of its heat input is from mixed municipal solid waste or refuse derived fuel is considered municipal solid waste combustor ash. Ash from a facility that burns a mixture of mixed municipal solid waste or refuse derived fuel with coal or other fuels is considered municipal solid waste combustor ash if the percentage of mixed municipal solid waste or refuse derived fuel exceeds thirty percent (30%).
NATIVE VEGETATION:
Plants that are adapted to and occur naturally in a specific location. (See appendix b, page 7 of the Inver Grove Heights storm water manual for the northwest area for a list of preferred native vegetation.)
NATURAL AREA/OPEN SPACE:
Any unimproved land that is set aside, dedicated, designated or reserved in perpetuity.
NET DEVELOPABLE AREA:
The area of a property remaining after excluding those portions that are either:
A.   Encumbered by right of way for arterial roads as defined in the Inver Grove Heights comprehensive plan; or
B.   Lying below the ordinary high water level of public waters as identified in the shoreland overlay district (see chapter 13, article B of this title); or
C.   Lying within the boundaries of wetlands delineated according to the Minnesota wetland conservation act1; or
D.   Bluffs in shoreland overlay districts abutting public waters; or
E.   Land to be dedicated to the city of Inver Grove Heights for public park/recreation area purposes.
NOISE REDUCTION LEVEL:
For purposes of chapter 13, article F of this title (noise abatement overly district), means the difference between the exterior and interior sound level, expressed in dBA, which is achieved by the intervening structure.
NONCONFORMING LOT OF RECORD (LAWFUL):
Any lot of record that, at the time of recording, conformed with all pertinent zoning requirements in effect, but which subsequently became subject to zoning requirement amendments with which the lot did not conform.
NONCONFORMING STRUCTURE (LAWFUL):
Any structure that, when erected, was in conformance with the applicable provisions of this title, but that no longer complies with those provisions.
NONCONFORMING USE (LAWFUL):
A.   Any use of land, buildings, or structures that, when initiated, created or constructed, was in conformance with the applicable provisions of this title, but that no longer complies with those provisions.
B.   For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), the term means any preexisting structure, tree, natural growth, or use of land that is inconsistent with the provisions of said chapter 13, article H, and any amendment thereto.
NONCONFORMING USE CERTIFICATE:
A certificate issued by the city to the owner of a nonconforming use or structure acknowledging that the use or structure is lawful.
NONCONFORMITY:
Any legal use, structure or lot already in existence, recorded, and authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls currently established, if the official controls had been in effect prior to the date it was established, recorded or authorized.
NONPRECISION INSTRUMENT RUNWAY:
A runway having an existing or planned straight-in instrument approach procedure utilizing air navigation facilities with only horizontal guidance, and for which no precision approach facilities are planned or indicated on an approved planning document.
NURSERY, LANDSCAPE:
A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING HOME:
A building with facilities for the care of children, the aged, and infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the commissioner of health.
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, either in itself or by catching or collecting the debris carried by such water.
OFFICE/SHOWROOM:
A building with gross floor area consisting of at least thirty percent (30%) finished office space, in addition to showroom, warehousing and distribution uses, including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
OFFICE/WAREHOUSE :
A building with gross floor area consisting of at least fifteen percent (15%) finished office space, in addition to warehousing and distribution uses, including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
OPEN DUMP:
A land disposal site at which solid waste is disposed of in a manner that does not protect the environment, is susceptible to open burning, and is exposed to the elements, flies, rodents, and scavengers.
OPEN SALES LOT (EXTERIOR STORAGE):
Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise and for the storing of same under the open sky prior to sale.
OPEN SPACE:
For townhouse development, means all of the land area that is not occupied by structures, which may include private drives and required off street parking areas, but does not include public rights of way.
ORDER:
The governor’s executive order that formally designates the Mississippi River corridor as a critical area.
ORDINARY HIGH WATER LEVEL (OHWL):
A.   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.
B.   For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
C.   For reservoirs and flowages, the ordinary high water level is the operating elevations of the summer pool.
OUTDOOR SKILLS AND ENVIRONMENTAL EDUCATION CENTER/OPEN AREA AND NATURE CENTERS:
An area of one hundred twenty (120) or more contiguous or adjacent acres under the same ownership or control with at least one hundred five (105) acres being subject to a permanent natural area conservation easement dedicated to a governmental agency. Activities within the Outdoor Skills and Environmental Education Center include, but are not limited to, the following: preservation of environmentally sensitive natural areas; habitat restoration; providing opportunities for formal and informal environmental education and nature appreciation by people of all ages; wildlife observation areas; outdoor skill education such as identifying birds, plants and wildlife, wildlife photography, hiking, camping, portaging a canoe, fishing, hunting, archery, gun safety, organic farming and orchards; snowshoeing, cross country skiing, wildlife art, beekeeping; maple syruping; with all appropriate facilities including, but not limited to, preschool facilities combined with senior independent/assisted care and hospice facilities of not more than fifty three (53) total living units; facilities for treating and releasing orphaned and injured wildlife, intern/security housing, equipment storage and maintenance buildings, greenhouses, and interpretive center with offices.
PARCEL:
Is synonymous in meaning with a tax parcel as recognized by the Dakota County Assessor.
PARK-AND-RIDE FACILITY:
A designated parking area where individuals can park their private vehicles and access public or private transportation or carpool for the remainder of the journey. There are many different types of parking services and facilities available, including but not limited to: Metropolitan Council transit park-and-ride facilities, park-and-ride services set up by private companies, and remote airport parking (park-and-fly). A park-and-ride facility does not include a situation where transportation from the site and allowance of parking is part of a transaction that includes a rental of a hotel or motel room.
PARKING PAD:
A surface area or “pad” directly contiguous to a driveway made of bitumen, concrete or paving blocks.
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 one standard automobile.
PAWNSHOP, LICENSED:
A business licensed by the City pursuant to title 4, chapter 2 of this Code to engage in loaning money on deposit or pledge of personal property, or other valuable thing, or that deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged.
PEDESTRIANWAY:
A public or private right-of-way across or within a block, to be used by pedestrians.
PERMANENT ZONING DISTRICT:
The base zoning of property in a Sand and Gravel Zoning District, where said “base zoning” shall continue prior, during and after temporary Sand and Gravel District zoning. Said temporary Sand and Gravel District shall be in addition thereto.
PERSON:
An individual, corporation, partnership, association or other legal entity.
PERSONAL GARDEN:
An area of land that is managed and maintained by the owner of the land or by the occupant of the dwelling on the land or by two (2) or fewer individuals who do not own or dwell upon the land to grow and harvest food crops and/or nonfood ornamental crops such as flowers for personal use, consumption or donation.
PERSONAL WIRELESS SERVICE:
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services.
PLAN:
In the Mississippi River critical area overlay district, means a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the county, municipality and township. The term may include, but not be limited to, the following: statement of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan implementation.
PLANNED:
For purposes of chapter 13, article H of this title (South St. Paul Airport overlay district), refers only to those proposed future airport developments that are so indicated on a planning document having the approval of the federal aviation administration, the department of transportation, office of aeronautics and the city of South St. Paul.
PLANNED UNIT DEVELOPMENT:
A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulationways, utilities, buildings, open spaces, and other site features and improvements.
PLANNING COMMISSION:
The planning commission of Inver Grove Heights appointed by the city council.
PLANNING DIVISION:
The planning department of the city of Inver Grove Heights.
PLAT:
The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota statutes chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Minnesota statutes section 462.358 and chapter 505.
PLAYHOUSE:
A room or structure where plays or other theatrical works are performed for the general public.
POLE BUILDING:
A building supported by a pile foundation system consisting of treated timber columns extending below the established footing depth for frost protection. The floor may be either of dirt or a floating concrete slab, providing that the concrete slab is completely separated from all of the pole building walls and columns.
PRECISION INSTRUMENT RUNWAY:
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR). Also, a runway for which a precision instrument approach system is planned and is so indicated on an approved planning document.
PRESERVATION AREA:
A delineated area that designates trees and vegetation that will be preserved during the construction and land alteration process.
PRINCIPAL STRUCTURE OR USE:
See definition of Use, Principal.
PROCESSING:
A.   In the integrated resource management overlay district, means the treatment of waste after collection and before disposal, where “processing” includes, but is not limited to, reduction, storage, separation, exchange, resource recovery, physical, chemical, or biological modification, and transfer from one waste facility to another.
B.   In the sand and gravel zoning district, "processing" means the crushing, washing, compounding or treating of rock, sand, gravel or similar material, where this shall include, but is not limited to, asphalt plants or operations.
PROPERTY OWNER:
Any person having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest, or an option to purchase any of same, but not including owners of interests held for security purposes only.
PROTECTIVE COVENANT:
A contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property.
PUBLIC FACILITY:
All public buildings, including schools, libraries, fire stations, administrative offices, roads and bridges.
PUBLIC LAND:
Land owned or operated by municipal, school district, county, state or other governmental units.
PUBLIC MARINA:
Either an inland or offshore structure, docking facility or mooring area for the concentrated mooring of four (4) or more licensed watercraft excluding tenders. A public marina may include ancillary facilities such as fueling, launching, winter storage, mechanical repair, sanitary pumpout and restaurant services.
PUBLIC SAFETY FACILITIES:
Hydrants, fire alarm boxes, streetlights, railway crossing signals, and similar facilities and accessories, but not including buildings.
PUBLIC TRANSPORTATION:
All modes of transportation provided by or dedicated to public use including, but not limited to, roadways, transit facilities, railroads and bikeways.
PUBLIC WATERS:
Waters as defined in Minnesota statutes section 103G.005, subdivisions 15 and 15a, as amended.
REACH:
A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.
RECOGNIZED ACOUSTICAL SPECIALIST:
A person qualified by education and experience to conduct sound analysis of buildings and approved for such purpose by the city building official. The approved individual shall have at least three (3) years of experience in the field of sound control, a degree from a recognized institute of higher learning in acoustics or a closely related discipline, and demonstrated expertise in the process of sound analysis of buildings.
RECREATION CENTER:
A facility open to the public for leisure, amusement, and recreation activities, including but not limited to any one or a combination of the following: bowling alley, skating rinks, gymnasiums, swimming pools, fitness centers and entertainment facilities for the purpose of providing recreation and entertainment.
RECREATION, COMMERCIAL:
Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a private enterprise for the purpose of providing recreation.
RECREATION, PUBLIC:
Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.
RECREATIONAL OPEN SPACE:
In the Mississippi River critical area overlay district, means recreation uses particularly oriented to and utilizing the outdoor character of an area, including, but not limited to, hiking, riding trails, primitive campsites, campgrounds, parks and recreational areas.
RECREATIONAL VEHICLE:
Any vehicle which meets the criteria for “recreation” class registration and license plate, DNR registration, or trailer registration used for conveyance of recreation vehicles as established by the Minnesota department of public safety, Minnesota department of natural resources, or this chapter, including, but not limited to: travel trailers, stock car trailers, livestock or horse trailers, campers, motor homes, tent trailers, vehicles converted to motor homes, snowmobiles, snowmobile trailers, boats, boat trailers, personal watercraft, watercraft as defined by Minnesota statute 86B.005, subd. 18, as amended from time to time, all-terrain vehicles, and all-terrain vehicle trailers.
RECREATIONAL VEHICLE PARKING LINE:
A line from the garage to the street that is coincidental with the line at the side wall of the garage closest to the front door of the house being continued and extended to the street.
RECYCLABLE MATERIALS:
Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material.
RECYCLING:
The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
RECYCLING CENTER:
A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, within a completely enclosed building.
RECYCLING FACILITY:
Facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use.
REFUSE:
Putrescible and nonputrescible 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.
REFUSE DERIVED FUEL:
The product resulting from techniques or processes used to prepare solid waste by shredding, sorting, or compacting for use as an energy source.
REGIONAL AGENCIES:
The metropolitan council, metropolitan council environmental services, metropolitan airport commission, metropolitan transit commission and the metropolitan park boards.
REGIONAL BLUEPRINT:
The plans and policies contained in the metropolitan council regional systems plans published December 1996.
REGIONAL FLOOD:
A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term “base flood” used in the flood insurance study.
REGISTERED LAND SURVEY:
A survey map of land as described by a duly registered land surveyor by the state of Minnesota.
REGULATORY FLOOD PROTECTION ELEVATION:
An elevation no lower than one foot (1') above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
REHABILITATION:
In the sand and gravel zoning district, means to restore the area of the sand and gravel operation into a safe and useful condition and otherwise progress in a constructive manner.
RESIDENTIAL PLANNED UNIT 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, townhouses, and cooperatives would be considered as residential planned unit developments.
RESOURCE RECOVERY:
The reclamation for sale, use, or reuse of materials, substances, energy, or other products contained within or derived from waste.
RESOURCE RECOVERY FACILITY:
A waste facility established and used primarily for resource recovery, including related and appurtenant facilities such as transmission facilities and transfer stations primarily serving the resource recovery facility.
RESTAURANT:
A business establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, in individual servings, or in nondisposable containers, and where the customers consume these foods while seated at tables or counters located within the building.
RESTAURANT, FAST FOOD:
An establishment that offers quick food service of items already prepared, prepackaged or quickly served. Orders are not generally taken at the customer’s table but at an order/pick up counter or at a drive-through window. Food may be consumed on site or carried out.
REZONE:
A change in the boundaries or designation of underlying zoning districts as contained and described in section 10-3-5 of this title.
RIGHT OF WAY:
An area or strip of land, either public or private, on which an irrevocable right of passage exists for the use of vehicles or pedestrians, or both. Right of way includes the driving surface of a street and adjacent boulevard, shoulder and ditch.
RIPARIAN LOT:
A lot that borders on or has direct access to a lake, river or stream.
RIVERFRONT:
Every lot or parcel of land that is immediately adjacent to the Mississippi River.
RUNWAY:
Any existing or planned paved surface or turf covered area of the South St. Paul airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
SANITARY LANDFILL:
A land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume and applying cover material at the end of each operating day, or at intervals as may be required by the MPCA.
SCREENING:
A device or materials used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of the following materials: walls, berms, plantings.
SEASONAL AGRICULTURAL PRODUCTS STAND:
A temporary use for the purpose of selling seasonal produce and agricultural products.
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.
SEMIPUBLIC 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.
SENSITIVE RESOURCE MANAGEMENT:
The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection.
SETBACK:
A.   The minimum horizontal distance from a lot boundary to the nearest vertical surface of a building or structure, except that a roof, eaves or overhang may project up to twenty four inches (24") into the required setback area.
B.   In shoreland management overlay districts, setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.
C.   In the Mississippi River critical area overlay district, setback means the minimum horizontal landward distance between any part of a structure and the ordinary high water level or the established bluffline.
SEWAGE TREATMENT SYSTEM OR SEWAGE DISPOSAL SYSTEM:
A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in section 10-13B-16 of this title (Shoreland management overlay district, water supply and sewage treatment).
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 wastes to a point of ultimate disposal and treatment.
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 any lake, pond, or flowage, except those of less than ten (10) acres; and three hundred feet (300') from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.
SIGN:
Any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. The term includes lettering on awnings and canopies. For purposes of this title, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes.
   Billboard:
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity not exclusively related to the premises where such sign is located.
   Building Sign:
A sign attached to the outside of a building wall, roof, canopy or awning and related to an activity conducted, or service rendered, or a commodity sold at the location where the sign is located.
   Business Sign:
A sign that directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located.
   Flashing Sign:
An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times the sign is in use.
   Freestanding Sign:
A sign supported by one or more upright poles, columns, or braces, placed in or on the ground and not attached to any building or structure and related to an activity conducted, or service rendered, or a commodity sold at the location where the sign is located.
   General Advertising Sign:
In the Mississippi River critical area overlay district, means those signs that direct attention to a product, service, business or entertainment not exclusively related to the premises where such sign is located.
   Lighted Or Illuminated Sign:
A sign from which artificial light is directed.
   Nameplate Sign:
A sign that states only the name or address, or both, of the business or occupant of the lot where such sign is placed.
   Projecting Sign:
A sign that projects from the wall of a face of a building or structure, including an awning, canopy, or marquee, and related to an activity conducted, or service rendered, or a commodity sold at the location where the sign is located.
   Static Sign:
A sign where the face remains unchanged and all components of the sign are unmoving. All illumination is maintained stationary and constant in intensity, color and brightness.
   Temporary Portable Sign:
A “business sign”, as defined herein, that consists of or is located on any of the following:
A.   A movable reader board sign.
B.   A port-a-sign.
C.   Any such business sign on a nonpermanent movable stand where the surface area of the sign is greater than eighteen (18) square feet.
D.   Any such business sign on a movable platform or flatbed trailer, with or without wheels.
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 Minnesota statutes 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.
SIGNIFICANT TREE:
A healthy deciduous tree measuring eight inches (8") or greater in diameter, at a point four and one-half feet (41/2') above grade (diameter at breast height (dbh)), or a healthy coniferous tree measuring ten feet (10') in height or greater. A significant tree does not include box elder or cottonwood.
SINGLE-FAMILY DWELLING:
See definition of Dwelling/Dwelling Unit: Single-Family Dwelling.
SITE PREPARATION:
Any excavation or removal of vegetation or other natural features of a site in order to develop a structure or use.
SLOPE:
An incline from the horizontal, expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. In the Mississippi River critical area overlay district, slopes are expressed in a percentage rather than a ratio.
Slope, in the above example, is 3:1 = 3 feet horizontal to 1 foot vertical.
SMALL WIRELESS FACILITY:
A wireless facility that meets both of the following qualifications:
A.   Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubit feet; and
B.   All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or
C.   A micro wireless facility.
SOLAR STRUCTURE:
A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
SOLID WASTE:
Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock, sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal water pollution control act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct materials as defined by the atomic energy act of 1954, as amended.
SOUND:
Energy that is transmitted by pressure waves in the air or in other materials and is the objective cause of the sensation of hearing. The term is commonly called noise if it is unwanted.
SOUND ATTENUATION:
The reduction in sound level that occurs between the source and receiver.
SOUND LEAK:
For purposes of chapter 13, article F of this title (noise abatement overlay district), means an opening in a structure through which sound can pass. Sound leaks are often extremely small holes or cracks. In general, an air leak is a sound leak.
SOUND LEVEL:
The level of sound pressure measured with a sound level meter and one of its weighting (frequency) networks. When A-weighting is used, the sound level is expressed as dBA.
SOUND TRANSMISSION CLASS (STC):
A single number rating for describing the degree of sound transmission loss specified for a wall, window, partition or other building element. The higher the STC, the more attenuation the building element will afford.
SPECIAL HAZARDOUS WASTES:
Dry cell batteries, antifreeze, circuit boards, cathode ray tubes, photographic negatives, PCB lamp ballasts, small PCB capacitors such as those found in older appliances, liquid mercury and mercury containing products including thermostats, switches, thermometers, relays, manometers, barometers, thermocouples and gauges.
STEEP SLOPES:
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 title. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, which are not bluffs.
STEEP SLOPES (NORTHWEST AREA OVERLAY DISTRICT):
A predevelopment grade of twenty five percent (25%) or more for a horizontal distance of fifty feet (50') or more.
STORM WATER MANAGEMENT FEATURES:
A feature used to treat, detain, and/or retain storm water.
STORM WATER MANAGEMENT PLAN:
A document which identifies storm water management features to be used in a development, how they will be designed and constructed, how and what type of maintenance to be completed, when and what type of inspections will be necessary, and who will be responsible for ongoing maintenance and inspections.
STORY:
That portion of a building included between the surface of any floor and the surface of the floor next above, including belowground portions of earth sheltered buildings. If the finished floor level directly above either a usable or an unused underfloor space is more than six feet (6') above grade, as defined by the uniform building code, for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') above grade at any point, such usable or unused space shall be considered a story.
STORY, HALF:
A story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.
STREET:
A public or private right of way that affords primary means of access to abutting property, and shall also include avenue, highway, road or boulevard.
STREET, ARTERIAL:
A street that serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET, COMMUNITY COLLECTOR:
A street which serves or is designed to serve as a trafficway for more than one neighborhood or as a feeder to an arterial street. See the thoroughfare plan included within the Inver Grove Heights comprehensive plan for further details.
STREET, LOCAL:
A street intended to serve primarily as an access to abutting properties.
STREET, NEIGHBORHOOD COLLECTOR:
A street which serves or is designed to serve as a trafficway for one neighborhood or as a feeder to an arterial street. See the thoroughfare plan included within the Inver Grove Heights comprehensive plan for further details.
STREET WIDTH:
The width of the right of way, measured at right angles to the centerline of the street.
STRUCTURAL ALTERATION:
Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any change in the roof or in any exterior walls.
STRUCTURE:
A.   Anything constructed, the uses of which require permanent location on the ground, or attached to something having a permanent location on the ground.
B.   In shoreland management overlay districts, a structure shall be any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.
C.   In a floodplain, a structure is anything constructed or erected on the ground or attached to the ground or on site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in subsection 10-13D-12B of this title and other similar items.
STRUCTURE, ACCESSORY:
A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
STRUCTURE, PRINCIPAL:
All structures that are not accessory structures.
SUBDIVISION:
The division or redivision of a lot, tract, or parcel of land into two (2) or more lots either by plat or by metes and bounds description.
SUBSTANTIAL DAMAGE:
Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT:
Within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
A.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
B.   Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". For the purpose of this title, "historic structure" shall be as defined in 44 code of federal regulations, part 59.1.
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 such use.
TIRE:
A pneumatic tire or solid tire for motor vehicles as defined in Minnesota statutes section 169.01.
TIRE DERIVED PRODUCTS:
Usable materials produced from the chemical or physical processing of a waste tire.
TIRE DUMP:
An establishment, site, or place of business without a required tire collector or tire processor permit that is maintained, operated, used, or allowed to be used for storing, keeping, or depositing unprocessed waste tires.
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 pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWNHOUSE:
Three (3) or more horizontally attached townhouse dwelling units, separated by party walls, and shall not exceed eight (8) such townhouse dwelling units per structure.
TOWNHOUSE DEVELOPMENT:
All of the townhouse dwelling unit lots, plus the required open space for green area, streets and public parking lots.
TOWNHOUSE DWELLING UNIT:
A single-family dwelling unit horizontally attached in linear or cluster fashion to one or more similar dwelling units, not more than two (2) stories above ground level, nor more than thirty feet (30') in height above grade.
TOWNHOUSE DWELLING UNIT, END UNIT:
Those townhouse dwelling units which have only one adjacent (attached) dwelling unit.
TOWNHOUSE DWELLING UNIT, FRONT:
The front of a townhouse dwelling unit means that face of the dwelling which faces the primary means of access, whether by public or private street.
TOWNHOUSE DWELLING UNIT LOT:
The lot on which one townhouse dwelling is located. The minimum size of a townhouse dwelling unit lot shall, at a minimum, entirely contain the footprint of the proposed dwelling unit and accessory structures. The townhouse dwelling unit lot may be larger than the footprint of the dwelling unit and accessory structure to provide for future additions at the discretion of the developer. A series of townhouse dwelling unit lots joined together, together with necessary open space for public streets, green areas, setbacks, and other requirements, shall constitute a townhouse development.
TOWNHOUSE DWELLING UNIT, REAR:
The rear of a townhouse dwelling unit means that face of the dwelling that is directly opposite the front.
TOWNHOUSE DWELLING UNIT, SIDE WALL:
The side of a townhouse dwelling unit is that face of the dwelling that is not a front or a rear face. On interior units, the side wall is a common wall between two (2) attached units. On end units, one side wall is a common wall, and the side directly opposite the common wall is an exterior face of the dwelling unit.
TRANSFER FACILITY:
A facility in which solid waste from collection vehicles is compacted or rearranged for subsequent transport. A transfer facility may be fixed or mobile.
TRANSFER STATION:
An intermediate waste facility in which waste collected from any source is temporarily deposited to await transportation to another waste facility.
TRANSMISSION SERVICE:
Electric power, telephone and telegraph lines, cables, pipelines or conduits that are used to transport large blocks of power between two (2) points. In the case of electrical power, the term will generally mean sixty nine (69) kilovolts or more. For mains or pipelines for gas, liquids or solids in suspension, the term means those that are used to transport large amounts of gas, liquids or solids in suspension between two (2) points.
TRAVERSEWAYS:
For the purpose of chapter 13, article H of this title (South St. Paul airport overlay district), determining height limits shall be increased in height by seventeen feet (17') for interstate highways; fifteen feet (15') for all other public roadways; ten feet (10') or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; twenty three feet (23') for railroads; and for waterways and all other traverse ways not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.
TREE:
For purposes of chapter 13, article H of this title (South St. Paul airport overlay district), means any object of natural growth.
TREE LINE:
The more or less continuous line formed by the tops of trees in a wooded area when viewed planimetrically. Such line shall be determined during all seasons as if under full foliage.
TRUCK STOP:
A motor fuel station, directly abutting a principal arterial street, and devoted principally to the needs of the over the road tractor-trailer units and trucks. Truck stops may also include the following uses when provided in conjunction with such a motor fuel station: convenience retail store, restaurant (either standard, fast food or drive-in), automobile and truck repair or maintenance and truck brokerage offices.
TWIN HOME:
See definition of Dwelling/Dwelling Unit: Twin Home.
TWO-FAMILY DWELLING:
See definition of Dwelling/Dwelling Unit: Two-Family Dwelling Or Duplex.
UNDERLYING ZONING DISTRICT:
The base zoning district established by chapters 7 through 12 of this title. Additional standards may be placed upon the underlying zoning district in the form of “overlay districts”, such as those listed in chapter 13 of this title.
USE:
The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained.
USE, ACCESSORY:
A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, CONDITIONAL:
A use specifically classified as “conditional” in this title, which is classified as such since it may be inappropriate or undesirable in a specified location. Thus it requires approval according to the procedures established in chapter 3, article A of this title because, if not carefully located or designed, it may create special problems such as excessive height or bulk or traffic congestion.
USE, PERMITTED:
A public or private use which, of itself, conforms to the purposes, objectives, requirements, regulations, and performance standards of a particular zoning district.
UTILITY POLE:
A pole that is used in whole or in part to facilitate telecommunications or electric service.
USE, PRINCIPAL:
The main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be either permitted or conditional.
USE, TEMPORARY:
A use permitted to exist during periods of construction of the main building or use, or for special events.
UTILITY RUNWAY:
A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds’ maximum gross weight and less.
VARIANCE:
A modification or variation of the provisions of this title where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this title would cause undue hardship.
VEHICLE:
As defined by Minnesota statute 169.011, subd. 92, as amended from time to time.
VERTICAL AXIS TURBINE:
A type of wind turbine where the main rotor shaft is set vertically.
VISUAL RUNWAY:
A runway intended solely for the operation of aircraft using visual approach procedures, with no straight in instrument approach procedure and no instrument designation indicated on an approved planning document.
WAREHOUSE AND DISTRIBUTION:
A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
WASTE:
Solid waste, sewage sludge, and hazardous waste.
WASTE COMBUSTOR:
Any stationary source, emissions unit, or emission facility where waste or refuse derived fuel is combusted and includes incinerators, energy recovery facilities, or other combustion devices.
WASTE FACILITY:
All property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste, except property for the collection of the waste and property used primarily for the manufacture of scrap metal or paper. Waste facility includes, but is not limited to, transfer stations, processing facilities, and disposal sites and facilities.
WASTE TIRE:
A tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
WATER DEPENDENT USE:
Uses which, in order to exist or function, require a location on or use of the riverfront including, but not limited to, barge loading and barge fleeting areas, marinas, industries which receive or ship goods or materials by water as an essential part of their operation, boat and barge construction dismantling and repair, riverfront recreation, intakes and outfalls, and water monitoring and measuring facilities. The converse of said water dependent uses would be nonwater dependent use, not requiring a location on a waterfront in order to function.
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.
WATERCRAFT:
Any licensed boat or vessel for the use on or stored on a public water.
WETLAND:
A surface water feature classified as a wetland in the United States fish and wildlife service circular no. 39 (1971).
WIND POWER CONVERTER:
A mechanical device that harnesses energy from the wind.
WIRELESS FACILITY:
Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including:
A.   Equipment associated with wireless service;
B.   A radio transceiver, antenna, coaxial or fiber-optic cable, regular and technological configuration; and
C.   A small wireless facility. Wireless Facility does not include:
   1.   Wireless support structures;
   2.   Wireline backhaul facilities; or
   3.   Coaxial or fiber-optic cables:
      a.   Between utility poles or wireless support structures; or
      b.   That are not otherwise immediately adjacent to or directly associated with a specific antenna.
WIRELESS SERVICE:
Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, Title 47, Section 622, Clause (6).
WIRELESS SUPPORT STRUCTURE:
A new or existing structure in a public right- of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City.
WIRELINE BACKHAUL FACILITY:
A facility used to transport communications data by wire from a wireless facility to a communications network.
WOODLAND:
An area at least one acre in size of unplatted land, utility easements, or rights of way which has at least twenty (20) significant trees on the parcel or which has tree cover over at least thirty five percent (35%) of the total land area.
YARD:
A required open space on a lot which is unoccupied and 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 of setbacks. Front yard setbacks shall apply to all yard spaces adjacent to a street right of way.
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, RIPARIAN:
The portion of a property between the ordinary high water level of a public water and the minimum building setback line for that public water.
YARD, SIDE:
The yard extending along the side lot line between the front yard and rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.
YARD WASTE:
The garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential and commercial properties.
ZERO LOT LINE:
A type of residential development that allows one of the sides of the principal structure to be located immediately adjacent to the side lot line.
ZONING ADMINISTRATOR:
The duly appointed person(s) charged with administration and/or enforcement of this title.
ZONING AMENDMENT:
A change authorized by the City in this title or in the boundaries of a district.
ZONING DISTRICT:
An area or areas within the limits of the City for which the regulations and requirements governing use are uniform as defined by this title. (Ord. 1098, 11-8-2004; amd. Ord. 1122, 12-12-2005; Ord. 1139, 11-27-2006; Ord. 1147, 5-14-2007; Ord. 1148, 5-29-2007; Ord. 1175, 5-27-2008; 2008 Code; Ord. 1178, 9-8-2008; Ord. 1180, 9-8-2008; Ord. 1228, 1-24-2011; Ord. 1243, 10-24-2011; Ord. 1253, 5-29-2012; Ord. 1271, 10-28-2013; Ord. 1273, 11-25-2013; Ord. 1279, 6-9-2014, eff. 11-1-2014; Ord. 1285, 10-13-2014; Ord. 1294, 6-8-2015; Ord. 1305, 8-24-2015; Ord. 1311, 3-28-2016; Ord. 1315, 5-23-2016, eff. 5-23-2016; Ord. 1335, 4-10-2017; Ord. 1348, 3-26-2018; Ord. 1362, 2-11-2019; Ord. 1367, 4-8-2019, eff. 5-1-2019; Ord. 1412 7-12-2021; Ord. 1425, 3-28-2022; Ord. 1437, 2-28-2022; Ord. 1441, 12-12-2022; Ord. 1447, 4-10-2023)