For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGS. A subordinate building or portion of the main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. The “same lot” can also mean a contiguous lot, owned by the same person(s) or entity that complies with the exception described in 153.037(E)(2) and is so approved by the city.
ACCESSORY USE. See USE, ACCESSORY.
ADVERTISING SIGNS (BILLBOARDS). Structures which are erected and designed primarily for the sale of advertising space for products or services other than the goods or services offered for sale on the premises.
AGRICULTURE. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels.
APARTMENT. A room or suite of rooms located in a 1 or 2 family building or multiple dwelling, which shall include a bath and kitchen accommodations, intended or designed for use as an independent residence by a single household.
APARTMENT BUILDING. Three or more apartments grouped in one building.
BED AND BREAKFAST RESIDENCE. A single family residence occupied by the owner or his or her agent and situated either in a unique locale or in an historically or architecturally significant structure, from where lodging and meals are provided to registered guests on a daily or weekly basis.
BLUFF. A topographic feature, such as a hill, cliff, or embankment-having the following characteristics:
(1) The slope rises at least 25 feet above the toe of the bluff; and
(2) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30% or greater. An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind; and when separated by party walls without openings, each portion of the building so separated shall be deemed a separate building.
BUILDING, INSTITUTIONAL. A building owned, occupied and operated by governmental, educational, healthcare or service agency.
BUILDING HEIGHT. The vertical distance from the average elevation of the street frontage of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation.
BUSINESS SERVICES. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, and the like.
CHILD CARE. A specialized, limited, day care facility that is an accessory use providing temporary babysitting service while parents are engaged in short-term social, recreational or business activities.
CHURCH. See HOUSE OF WORSHIP.
CLINIC. A building or portion of a building for outpatient medical or dental treatment of humans or small animals.
CLUBS AND LODGES. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes that are customarily associated with a business.
CLUBS, SPORTS AND FITNESS. A place of public assembly where sports and physical fitness are commercially promoted and memberships may be required.
COMMERCIAL RECREATION. Recreational facilities which are operated for profit or render a service which is customarily considered as a business.
COMMISSION. The Planning Commission of the city.
COMMUNICATION ANTENNA. Equipment used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure.
COMMUNICATION TOWER. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces, including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind-powered generator.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs. The Plan may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution.
CONEX BOX. Originally “Container Express” box but now a generic term for a portable, rigid steel, reusable, container (including so-called portable on-demand storage container or “pod”) made for shipping or storage of goods and materials.
CONVENIENCE STORE. A retail establishment, primarily oriented to motorists, having a gross floor area of no more than 7,500 square feet, offering for sale a combination of items such as prepackaged food, limited food and beverage products to be eaten off premises, video rentals, household items and other goods commonly associated with this type of store. May also be combined with automobile fuel dispensing.
CORNER LOT. A lot situated at the junction of and fronting on 2 or more streets. A CORNER LOT shall maintain front yard requirements for each street frontage.
DAY CARE. See CHILD CARE.
DECK. A horizontal, unenclosed wooden or plastic platform, with or without attached railings, seats, trellises, or other features, attached to the ground or functionally related to a principal use or site and at any point extending more than 8 inches above ground level.
DISTRICT. A section of the city for which the regulations governing the height, area and use of buildings and premises are the same.
DOG KENNEL. A place where 4 or more dogs that are more than 6 months old are harbored or kept.
DRIVE-IN BUSINESS. Any business establishment that is primarily or exclusively laid out, designed, equipped or operated so as to allow its customers to purchase and receive a service without having to enter the building and usually while remaining in their automobiles. By way of illustration, but without limitation, drive-in businesses include drive-in banks, drive-in laundry or dry cleaning establishments, but exclude businesses where prepared commodities, such as prepared food, beverages, or dairy products, are sold. Grocery stores, confectionery stores, drugstores, or restaurants which offer “take home” food services as an incidental part of their business shall not be considered drive-in businesses. Automobile service stations are drive-in businesses within the meaning of the foregoing general definition but are excluded from this definition as used herein since they are treated and defined separately in this chapter.
DWELLING. Any building or part thereof which is designed or used exclusively for residential purposes by 1 or more human beings either permanently or transiently, but not including motels, hotels, boarding houses, lodging houses or recreational vehicles.
DWELLING, ONE-FAMILY. A building designed for or occupied exclusively by 1 family.
DWELLING, TWO-FAMILY. A building designed for or occupied by 2 families.
DWELLING, MULTIPLE. A building designed for or occupied by more than 2 families.
DWELLING UNIT. One or more rooms in a dwelling intended for occupancy by one family for living purposes with separate living and sleeping quarters and permanently installed cooking, eating and sanitary facilities, but not including motels, hotels, boarding houses, lodging houses or recreational vehicles.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, or other transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits and cables; fire and police alarm systems, traffic signals; hydrants and similar equipment; but not buildings or communication towers or antennas.
FAMILY. An individual, or 2 or more persons related by blood, marriage or adoption, or a group of not more than 2 unrelated persons, living together as a single housekeeping unit within a dwelling unit, as distinguished from individuals or a group occupying a hotel, motel, club, lodge, sorority, fraternity or dormitory.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, including basements and attached accessory buildings.
GARAGE, PRIVATE. A garage, detached accessory building, or portion of a principal building with a capacity of not more than 4 power-driven vehicles for storage only.
GARAGE, PUBLIC. Any publicly-owned premises, except those described as a private garage, used for the storage or care of power-driven vehicles, or where any such vehicles are equipped for operation, repair, or kept for remuneration, hire or sale.
GARAGE, SERVICE OR REPAIR. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards.
GROUP HOME. A state-licensed group facility in a residential setting operating on a 24 hour per day basis for purposes of rehabilitation, education, supervision and treatment as defined in Minnesota Statutes (see “residential care facility”).
HOME OCCUPATION. Any profession or occupation of a service character that is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of the secondary use. The profession or occupation shall be carried on or conducted only by members of a family residing in the dwelling and no more than one other person. A non-illuminated sign, no greater than 3 square feet in size, may be attached to the dwelling.
HOTEL. A building in which there are more than 8 sleeping rooms offered, with or without meals, for compensation and open to transient or permanent guests, where no provision is made for cooking in any individual room.
HOUSE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble for religious activities or worship.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products, and products from wrecking of automobiles, other vehicles accessory to any business or industrial use of the same lot.
LIGHT MANUFACTURING. Processing, fabricating, assembly, or disassembly of items [a] within a wholly enclosed building(s); [b] without detriment to the amenity of the surrounding area by reason of noise, vibration, smell, fumes, soot, ash, dust, or grit; [c] with no outdoor storage of materials used in or byproducts of such manufacturing, processing, fabricating, or assembly; and [d] with out-of-doors displays in Service Business (SB) districts of only such number of non-perishable items as may be authorized by and specified in an interim or conditional use permit.
LIVESTOCK SALES BARN. A structure and premises for conducting public sales of agricultural animals, either individually or in groups of 2 or more, where such animals are shown and offered for sale by the seller and are inspected and offered to be purchased by prospective buyers.
LODGING HOUSE. A premise containing habitable units that provide sleeping and living accommodations for compensation and for fixed periods of time; that lack some or all bathroom or kitchen facilities for each habitable unit; and that provides some or all bathroom or kitchen facilities on a communal basis.
LOT. One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including as a minimum such open spaces as are required under this chapter and having frontage on a public street.
LOT AREA. The land area within the lot lines.
LOT AREA PER FAMILY. The lot area required by this chapter to be provided for each family in a dwelling.
LOT, CORNER. See CORNER LOT.
LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures.
LOT DEPTH. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width.
LOT, DOUBLE FRONTAGE. An interior lot having frontage on 2 streets. A DOUBLE FRONTAGE LOT shall maintain front yard requirements for each street frontage.
LOT, INTERIOR. A lot other than a corner lot.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the minimum front yard setback line.
MANUFACTURED HOME. A one family structure, transportable in 1 or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this chapter (M.S. § 327.31, Subd. 6, as it may be amended from time to time).
MANUFACTURED HOUSING. Applies to either:
(1) A factory built, one-family structure built and transported in sections to a permanent site and not intended for additional transportation once it has been placed on a permanent site;
(2) A transportable, factory-built home, designed to be used as a year round residential dwelling. Such structure has wheels or axles permanently attached to its frame. The structures built prior to June 15, 1976, are referred to as mobile homes.
MANUFACTURING, PROCESSING AND FABRICATION. All uses that include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor’s shops and storage yards.
MINI-STORAGE/SELF-SERVICE STORAGE FACILITY. A commercial building or group of buildings that contain varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers’ goods or wares.
MOBILE HOME. A transportable, factory built home prior to June 15, 1976, and designed to be used as a year round single family residential dwelling. The structure has wheels or axles permanently attached to its frame.
MOBILE OR MANUFACTURED HOME PARK. Any premises on which are parked 2 or more occupied mobile or manufactured homes, excluding premises on which mobile or manufactured homes are sold for removal to another site.
MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms, or units, each of which has a separate entrance directly from the outside of the building or corridor, 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 transient guests traveling by automobile.
MOTORIZED VEHICLE SERVICE. A business that provides repair or maintenance services for motorized vehicles, including engine repair, replacement of parts and engine service, but does not include bodywork, painting, factory assembly of vehicles or vehicle wrecking yards.
MULTIPLE OCCUPANCY BUILDING. A building containing 2 or more independent businesses with or without separate exterior entrances and for which signage, parking, and site requirements are unified in a consistent visual and functional manner.
NONCONFORMING BUILDING. Any building that does not meet zoning district regulations for building size, building height, lot coverage, or setback.
NONCONFORMING LOT. A lot or parcel of land that has less than the required minimum area, width and frontage as required by this chapter. Also referred to as a substandard lot.
NONCONFORMING USE. A use lawfully in existence on the effective date of this chapter and not conforming to the allowable uses or regulations for the district in which it is situated.
OFF-STREET PARKING. An area of such shape and dimensions as provided by this chapter, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store the number of motor vehicles required by this chapter, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
PERISHABLE. Subject to rapid decay if exposed to the elements. Examples of PERISHABLE items include, but are not limited to, paper, cardboard, and foods.
PERSONAL SERVICES. Services customarily rendered for compensation. The services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; massage therapy; photographic services; and other services of a similar nature.
PRINCIPAL OR MAIN BUILDING. A building in which the principal use of the lot is located or conducted.
PRINCIPAL USE. See USE, PRINCIPAL.
PUBLIC USES AND SERVICES. The principal use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership or the lot, parcel of land, building or structure. The uses are in 2 classifications:
(1) Class 1: public uses and services which are compatible with residential development in terms of scale and nature of the operation. Examples of the uses include: parks, schools, offices with no more than ten full-time equivalent employees, and off-street parking for public uses in an adjoining District;
(2) Class 2: public uses and services of a commercial or industrial character that are not compatible with residential development. Examples of the uses include: materials storage, uses with outside storage, and parking or storage of ten or more vehicles.
RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the accommodation of tents or recreational camping vehicles free of charge or for compensation. Recreational camping area excludes children’s camps, industrial camps, migrant labor camps, as defined in Minnesota Statutes and State Commissioner of Health rules, United State forest service camps, state forest service camps, state wildlife management areas or state-owned public access areas which are restricted in use to picnicking and boat landing.
RESEARCH. The use of any tract of land and any structure or building located thereon for the purposes of studying or investigating facts not readily available, such as medical, chemical, electrical, metallurgical, or other scientific research, but excluding the manufacture or processing of materials or goods for sale. Research with animals is considered a separate category.
RESEARCH ANIMALS. Animals kept in a laboratory setting for the purpose of testing and research related to health care products.
RESIDENTIAL CARE FACILITY (STATE LICENSED). Any facility that regularly provides one or more persons with 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. RESIDENTIAL FACILITIES include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children.
RESTAURANT. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables, booths or counters located within the building on the premises.
RESTAURANT, FAST FOOD. Any restaurant which meets a number of the following requirements:
(1) Customarily provides quick service to its customers;
(2) Offers to its customers a limited, standardized menu of food and/or beverages;
(3) Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress;
(4) Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose;
(5) Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags;
(6) Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided;
(7) Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day;
(8) Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers;
(9) Generates a high volume and rapid flow of in-and-out traffic because of its quick service mode of operation.
RETAIL SALES AND SERVICES. Stores and shops selling, renting or leasing goods for uses away from the point of sale or offering services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking, department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, and repair garages are not included in this definition of retail sales.
RV. A camper, travel trailer, motor home or recreational vehicle.
SCREENING. Fences, walls, landscaping or earth berms used for obscuring or preventing views of adverse or objectionable site features (such as outdoor storage, loading docks, and business property abutting residential districts) from public highways, streets, public spaces or abutting property.
SEMI-PUBLIC USE. Uses owned by private or private non-profit organizations which are open to some, but not all, of the public, such as denominational cemeteries, private schools, clubs, lodges, recreation facilities, churches, and the like.
SERVICE STATION. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are sold to the public. May include greasing and oiling, one-bay motor vehicle wash, the sale of automobile accessories on the premises, minor repairs, replacement of parts and motor services to passenger automobiles and trucks not exceeding 1.5 tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; or overall painting or paint job.
SETBACK. The horizontal distance between a structure and a lot line. Also referred to as a YARD.
SETBACK, MINIMUM BUILDING. The minimum horizontal distance allowed by this chapter, between a structure and a lot line.
STORAGE, COMMERCIAL. Storage of materials or equipment for delivery to and customarily sold by a business permitted in the SB or CB zones.
STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground, including but not limited to: buildings, doghouses, satellite dishes, antennae, swings and other recreational structures.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
USE. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use which is subordinate to and serving the principal use of the structure or lot on which it is maintained or conducted and is customarily incidental to the principal use.
USE, NONCONFORMING. A use lawfully in existence on the effective date of this chapter and not conforming to the allowable uses or regulations for the district in which it is situated.
USE, PERMITTED. A public or private use which of itself conforms with the purposes and objectives of a particular district and which conforms with all requirements, regulations and performance standards (if any) of the district.
USE, PRINCIPAL. The permitted or conditional use of property. Also may be defined as the main and predominate use of land or structures as distinguished from a secondary or accessory use.
USE, MULTI-OPERATIONAL. A business or industrial operation consisting of 2 or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use, and all of which are generally compatible with the permitted allowable uses in the district.
WAREHOUSING. The storage of materials or equipment as a principal use within an enclosed building.
YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky.
YARD, FRONT. An open, unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and the front of the building projected to the side lines of the lot.
YARD, MINIMUM REQUIRED. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principal building may not be placed and in which accessory buildings may only be placed as regulated in this chapter.
YARD, REAR. An unoccupied, open space, except for accessory buildings, between the rear line(s) of the building and the rear line of the lot, for the full width of the lot.
YARD, SIDE. An open, unoccupied space between the building and side line of the lot, and extending from the front yard to the rear yard.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 18, 6th Series, passed 3-20-2007; Am. Ord. 22, 6th Series, passed 8-21-2007; Am. Ord. 36, 6th Series, passed 5-5-2009; Am. Ord. 29, 6th Series, passed 8-17-2010; Am. Ord. 104, passed 3-2-2020)