11-2-3: DEFINITIONS:

The following words and terms, wherever they occur in this title, shall be interpreted as herein defined:

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

ABUTTING: Making contact with or separated only by public arterial, railroad, or public utility right of way.

ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the principal building or use.

ADDITION: A physical enlargement of an existing structure.

AGRICULTURAL BUILDING: All buildings, other than dwellings and accessory garages, which are incidental to agricultural purposes, including, but not limited to, barns, granaries, silos, farm implement storage buildings, and milk houses.

AGRICULTURAL PURPOSES: The raising, cultivation, drying, or storage of agricultural products for sale, or the storage of machinery or equipment used in support of agricultural production by the same farm entity. For a property to be classified as agricultural, based only on the drying or storage of agricultural products, the products being dried or stored must have been produced by the same farm entity as the entity operating the drying or storage facility.

AGRICULTURE USES: Those uses commonly associated with the growing of produce on farms, these include: field crop farming; pasture for hay, fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale of in season products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feedlots, retail nurseries and garden centers, and kennels.

AIRPORT: Any building, structure, hangar, runways, taxiways, drives, fencing, or other facilities or improvements at the Airlake Airport that involve or are directly related to the operation of aircraft, including uses and activities incidental to the feasible and safe operation of aircraft or that are incidentally related or accessory to the movement of passengers, baggage, mail, and cargo.

ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

ANIMAL ENCLOSURE: Any accessory building or portion thereof, accessory structure or area of any kind, including, without limitation, pens, runs, kennels and pet houses, that is principally used or designed for use as a place for keeping house pets. An electronic containment system is not considered an animal enclosure.

ANIMAL FEEDLOT: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges), and barns, dairy farms, swine facilities, beef lots and barns, and horse stalls shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.

ANIMAL KENNEL: Any place where more than three (3) domestic animals of one type, over six (6) months of age, are kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.

ANIMAL UNIT: A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For the purposes of this title, the following multiplication factors shall apply:

	Animal	Units
A.	Dairy cattle:
	1 mature cow (milked or dry) greater than 1,000 pounds	1.4
	1 mature cow (milked or dry) less than 1,000 pounds	1.0
	1 heifer	0.7
	1 calf	0.2
B.	Beef cattle:
	1 cow and calf pair	1.2
	1 slaughter cow or stock steer	1.0
	1 feeder cattle or heifer	0.7
	1 calf	0.2
C.	Swine:
	1 greater than 300 pounds	0.4
	1 55 pounds to 300 pounds	0.3
	1 less than 55 pounds	0.05
D.	1 horse	1.0
E.	1 sheep or lamb	0.1
F.	Chicken:
	1 laying hen or broiler - liquid storage	0.033
	1 laying hen or broiler - dry storage greater than 5 pounds	0.005
	1 laying hen or broiler - dry storage less than 5 pounds	0.003
G.	Turkey:
	1 greater than 5 pounds	0.018
	1 less than 5 pounds	0.005
H.	1 duck	0.01
I.	For animals not listed, the number of animal units shall be the average weight of the animal in pounds divided by 1,000 pounds.

 

ANIMALS:

   A.   Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state of Minnesota.

   B.   House Pets: Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals.

ANTENNA, ACCESSORY AND/OR SECONDARY USE: Those antennas including radio and television receiving antennas, satellite dishes, TVROs two meters (2 m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment such as radio receivers, ham radio transmitters and television receivers that are customary and incidental to allowed principal uses within the various zoning districts of the city.

ANTENNA, PERSONAL WIRELESS SERVICE: A device consisting of metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.

ANTENNA, PUBLIC UTILITY MICROWAVE: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the support structure thereof.

ANTENNA, RADIO AND TELEVISION, BROADCAST TRANSMITTING: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof.

ANTENNA, RADIO AND TELEVISION RECEIVING: A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof.

ANTENNA, SATELLITE DISH: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the support structure thereof.

ANTENNA, SATELLITE DISH HEIGHT: The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna.

ANTENNA, SHORTWAVE RADIO TRANSMITTING AND RECEIVING: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, and including the support structure thereof.

ANTENNA SUPPORT STRUCTURE: Any building or other structure other than a tower which can be used for location of antennas.

ANTENNA, TEMPORARY MOBILE: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW).

ANTENNA TOWER: A self-supporting lattice, guyed or monopole structure constructed from grade which supports personal wireless service antennas. The term antenna tower shall not include amateur radio operators' equipment, as licensed by the FCC.

APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this title are being considered or reviewed.

AQUIFER RECHARGE AREAS: All land surface areas which by nature of their surface and/or subsurface soil characteristics are determined to contribute to the replenishment of subsurface water supplies.

AUTOMOBILE REPAIR (MAJOR): General repair, rebuilding or reconditioning engines, motor vehicles, motorcycles, boats, recreational vehicles and/or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

AUTOMOBILE REPAIR (MINOR): Minor repairs, replacement of parts, fluid changes, and motor services, tire repair, or upholstering to passenger automobiles and trucks, motorcycles, boats, recreational vehicles and other vehicles not exceeding fourteen thousand (14,000) pounds' gross weight, but not including any operation specified under the definition of automobile repair (major).

AUTOMOBILE WRECKING OR JUNK YARD: Any place where two (2) or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles or merchandise.

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

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

BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty four inches (24") in diameter.

BANNER SIGN: A strip of fabric, cloth, vinyl, plastic or other material upon which a sign is displayed.

BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (See definition of story.)

BAY: Cantilevered area of a room.

BED AND BREAKFAST ESTABLISHMENT: A building, typically residential in character, where for compensation lodging is provided to transient guests, and where meals and/or beverages may be offered in connection with the provision of sleeping accommodations.

BEEKEEPING RELATED:

   Apiary: The assembly of one (1) or more colonies of honeybees on a single lot.

   Apiary Site: The lot upon which an apiary is located.

   Beekeeper: A person who: a) is a resident of the City who owns or has charge of one (1) or more apiaries of honeybees; and b) any person who owns or controls a lot on which a colony is located.

   Beekeeping Equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractor.

     Colony: An aggregate of honeybees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey.

   Hive: The receptacle inhabited by a colony.

   Honeybee: All life stages of the common domestic honeybee, Apismellifera species.

   Nucleus Colony: A small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers.

   Super: That part of a honeybee hive used to collect honey.

     Swarming: The natural process where a queen bee leaves a colony with a large group of worker bees.

     Unusual Aggressive Behavior: Any instance in which unusual aggressive characteristics such as stinging without provocation or attacking without provocation occurs.

BLUFF: A sloped topographic feature having all of the following characteristics:

   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 or toe of the bluff. For purposes of this definition, "toe of the bluff" means the lower point of a horizontal ten foot (10') segment with an average slope exceeding eighteen percent (18%); and

   C.   The grade of the slope from the ordinary high water level of the water body or the toe of the bluff averages thirty percent (30%) or greater. For purposes of this definition, "top of the bluff" means the higher point of the highest horizontal ten foot (10') segment with an average slope exceeding eighteen percent (18%).

BLUFF IMPACT ZONE: A bluff and land located within twenty feet (20') of a bluff.

BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, lodging and/or meals are provided to persons not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply.

BOATHOUSE: A structure used solely for the storage of boats or boating equipment.

BODY PIERCING: Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on any area for cosmetic purposes.

BOULEVARD: The portion of the street right-of-way between the curb and the property line.

BREW ON PREMISES: A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use.

BREWERY: A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

BREWERY, SMALL: A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota Statutes, as may be amended.

BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery.

BUFFER: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts.

BUFFER YARD: A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.

BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING HEIGHT: A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.

BUILDING LINE: A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

BUILDING SIGN: Any sign attached or supported by any building.

BUSINESS: Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

CANOPY: A rooflike cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.

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

CELLAR: The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

CEMETERY: A parcel or tract of land used or intended to be used for the burial of the dead including columbariums, crematories, mausoleums and mortuaries when operated within the boundaries of such cemetery.

CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure.

CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs.

CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.

CITY ATTORNEY: The person designated by the city council to be the city attorney for the city of Lakeville.

CITY BUILDING OFFICIAL: The person designated by the city council to be the city building official for the city of Lakeville.

CITY COUNCIL: The governing body for the city of Lakeville.

CITY ENGINEER: The person designated by the city council to be the city engineer for the city of Lakeville.

CITY FORESTER: The person designated by the city council to be the city forester for the city of Lakeville.

CLEAR CUTTING: The removal of an entire stand of trees.

CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, with the use of premises being restricted to members and their guests for receptions, social recreation, and other gatherings.

COMMERCIAL EQUIPMENT: Any equipment, including trailers, used for the alteration, demolition, construction, maintenance, or excavation of a building, structure or property.

COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment.

COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services, including, but not limited to, the following unless specifically defined by this title:

   A.   A. Office (General): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, or administrative service operations including attorneys, financial advisors, consultants, insurance, and other uses of similar character.

   B.    Office (Medical): An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations, outpatient health services, and other uses of similar character.

   C.    Restaurant (Convenience): An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive- through facilities.

   D.   Restaurant (General): An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.

   E.   Retail Business: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales.

   F.   Service Business (Off Site): A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character.

   G.   Service Business (On Site): An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus.

COMMERCIAL VEHICLE: A vehicle used for commercial purposes either greater than eight feet (8') in height or greater than twenty two feet (22') in length, including, but not limited to: boom trucks, cargo trucks, dump trucks, farm implements, firetrucks, ambulances, limousines, hearses, semitractor trailers, tank trucks and tow trucks.

COMMISSIONER: The commissioner of the department of natural resources.

COMPREHENSIVE PLAN: The Lakeville comprehensive plan, which includes various chapters addressing land use, transportation, water system, sanitary sewer, water resources, wetland management, parks, trails and open space and capital improvements.

CONDITIONAL USE: A use, which because of special problems of control the use presents, requires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the city comprehensive plan.

CONDITIONAL USE PERMIT: A permit issued by the city council in accordance with procedures specified in this title, as a flexibility device to enable the city council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use present.

CONDOMINIUM: A multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law, Minnesota statutes sections 515.01 through 515.29.

CONDOMINIUM OR COMMON INTEREST COMMUNITIES: A development containing individually owned units and jointly owned and shared areas wherein the boundaries are defined by a condominium plan or common interest community in accordance with Minnesota statutes chapters 515, 515A or 515B, as amended.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC): A residential land use that provides multiple elements of senior adult living combining aspects of independent living with increased care, as lifestyle needs change with time. Housing options may include various combinations of senior adult detached, senior adult attached, congregate care, assisted living and nursing care aimed at allowing the resident to live in one community as their medical needs change. The use may also contain special services such as medical, dining, recreational and some limited, supporting retail facilities.

COOPERATIVE (HOUSING): A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota statutes 290.09 and 290.13. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

COURT: An unoccupied open space other than a yard which is bounded on two (2) or more sides by the walls of the buildings.

CROSS DOCK DISTRIBUTION FACILITY: A principal use where products are unloaded from a truck or railroad car, sorted, and directly reloaded onto outbound trucks or rail cars to continue their journey. Products going to the same destination can easily be consolidated into fewer transport vehicles. Alternatively, large shipments can also be broken down into smaller groups for easier delivery.

CROWDING POTENTIAL: The ratio of total acreage to shore miles.

DAYCARE FACILITY: Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home. Daycare facilities include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs, and other "nonresidential programs" as defined by Minnesota statutes section 245A.02, subdivision 10.

DECK: Horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending above grade.

DEPOSIT: Any rock, soil, gravel, sand or other material deposited naturally or by man into a water body, watercourse, floodplains or wetlands.

DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use.

DISTRIBUTION LINES: All those wires, poles, and appurtenant equipment used to carry electricity, generally rated below one hundred fifteen (115) kilovolts, located between a customer and a transmission line.

DISTRICT: A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.

DIVERSION: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

DRAINING: The removal of surface water or groundwater from land.

DREDGING: To enlarge or clean out a water body, watercourse, or wetland.

DRIVE-THROUGH FACILITY: An establishment (principal or accessory use) at which patrons may purchase products or receive service without having to leave the motor vehicle.

DWELLING: A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, bed and breakfast, mobile homes or trailers.

DWELLING, EFFICIENCY APARTMENT: A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.

DWELLING, MULTIPLE-FAMILY (APARTMENT): A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but accessing individual units via common entrances, hallways, stairways, or enclosed garages.

DWELLING, NURSING HOME: A state licensed facility or that part of a facility which provides nursing care pursuant to Minnesota statutes chapter 144A.01.

DWELLING, SENIOR HOUSING: A dwelling with open occupancy limited to persons over fifty five (55) years of age.

DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for and occupied exclusively by one family.

DWELLING, TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to each other by the sharing of one or more common walls, floors, or ceilings with each unit having a separate entrance/exit via individual exterior doors from individual or shared attached garages, with dwelling units arranged in a row, quad, back-to-back, or stacked arrangement.

DWELLING, TOWNHOUSES, DETACHED: A structure having the characteristics of a multiple-unit townhouse structure that has been separated into single dwelling units at the common side wall, typically with structure dimensions that have a narrow front and deep side walls and are typically without windows or features on at least one of the side walls.

DWELLING, TWO-FAMILY: A structure having two (2) dwelling units contiguous to each other only by the sharing of one or more common walls (without an interior connection) with each unit having a separate entrance/exit designed exclusively for occupancy by two (2) families living independently of each other.

   A.   Duplex: A two-family dwelling with one unit above the other.

   B.   Twin home: A two-family dwelling with two (2) units side by side.

DWELLING UNIT: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers except within the shoreland overlay district where these uses shall be considered dwelling units.

DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays.

EARTH BERM: A mound or wall of soil, sand or other earth material covered in grass, plantings or other landscaping materials.

EARTH BERM (HOUSE CONSTRUCTION): An earth covering on the above grade portions of the building walls.

EARTH SHELTERED BUILDING: A building so constructed that fifty percent (50%) or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in nonresidential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or substructure for above grade construction. A partially covered building shall not be considered earth sheltered.

EASEMENT: A grant by a property owner for the use of a strip of land and for the purpose of constructing and maintaining streets, trails, sidewalks, drives, and/or utilities, including, but not limited to, wetlands, stormwater basins, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainageways, and gas lines.

ELECTRIC VEHICLE RELATED:

   Battery Charging Station: An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.

   Battery Electric Vehicle (BEV): Any vehicle that operates exclusively on electrical energy from an off-board source that is stored within the vehicle's batteries, and produces zero exhaust emissions or pollution when operating.

   Charging Levels: The standardized indicators of electrical voltage at which an electric vehicle's batteries are recharged. The terms 1, 2, and 3 are the most common electric vehicle charging levels and include:

      1.    Level 1 is considered slow charging using 120 volt outlets.

      2.    Level 2 is considered medium charging using 240 volt outlets with the charging head and cord hard-wired to the circuit.

      3.    Level 3 is considered rapid charging using Direct Current with greater than 240 voltage.

   Electric Vehicle (EV): A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid or an off-grid source, that is stored on-board for motive purposes, which includes the following:

      1.    Battery Electric Vehicle.

      2.    Plug-in Hybrid Electric Vehicle.

   Electric Vehicle Charging Station (EVCS): A public or private parking stall that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy to a battery in an electric vehicle, which are further defined as:

      1.    Private: Privately or public owned with restricted access to the general public.

      2.    Public: Publicly owned and accessible to the public or privately owned and accessible to visitors of the use to which the charging station is accessory.

   Electric Vehicle Supply Equipment: Any equipment or component used in charging electric vehicles not including equipment integral with the electric vehicle.

   Electric Vehicle Infrastructure: Any component, conduit, equipment, machinery, structures, and wiring necessary to support an electric vehicle, including battery charging stations and rapid charging stations.

   Electric Vehicle Parking Stall: Any marked parking stall that identifies the use to be exclusively for parking of an electric vehicle.

   Electrical Capacity:

      1.    Panel capacity to accommodate a dedicated branch circuit and service capacity to install a 208/240v outlet per charger.

      2.    Conduit from an electrical panel to future electric vehicle charging station location(s).

   Plug-In Hybrid Electric Vehicle (PHEV): An electric vehicle that:

      1.   Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor.

      2.   Charges its battery primarily by connecting to an off-board electrical source.

      3. May additionally be able to sustain battery charge using an on-board internal combustion driven generator.

      4. Has the ability to travel by electric power only.

   Rapid Charging Station: An industrial grade electrical outlet that allows for faster charging of electric vehicle batteries through higher power levels.

ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.

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

ELEVATION AREA: The area of all walls that face any lot line.

ENCLOSED SELF-STORAGE FACILITY: A warehouse with multiple individual units accessed from inside the principal building by shared exterior doors made available for lease for storage of personal property.

ENGINEER: An electrical, mechanical, civil, or other professional engineer licensed by the State of Minnesota.

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.

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

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by private or public utilities, or Municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, waste, or water transmission, distribution, collection, supply or disposal systems, including water towers, wells, poles, wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, utility substations and other similar equipment, accessories and related structures in connection therewith for the furnishing of adequate service by such private or public utilities or Municipal departments. Essential services shall not include waste facilities or personal wireless service antennas or support structures.

EXTRACTIVE USE: The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes sections 93.44 through 93.51.

FAMILY: An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of:

   A.   Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship, foster children, and/or cultural or educational exchange program participants hosted by the principal family; or

   B.   Not more than four (4) unrelated persons.

FARM: A tract of land of more than ten (10) acres in size usually with a house and barn plus other buildings on which crops and often livestock are raised for a principal source of livelihood.

FARM WINERY: A winery operated by the owner of a Minnesota farm producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients produced on the premises.

FARMING: Process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings, related to operating the farm, and the keeping of common domestic farm animals.

FENCE: Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.

FILLING: The act of depositing any rock, soil, gravel, sand or other material to raise the existing elevation of a property.

FITNESS CENTER: A business that provides strength machine and cardiovascular exercise stations within a circuit training program, usually for the benefit of its membership, which may include group classes, hot tubs, saunas, and competitive sports facilities.

FLAG: Any fabric, usually rectangular, of distinctive design that is used as a symbol, signaling device, sign, or decoration.

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

FLOOD: A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel.

   A.   Flood Frequency: The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. By strict definition, such estimates are designated "exceedence frequency", but in practice the term "frequency" is used. The frequency of a particular stage of discharge is usually expressed as having a probability of occurring once within a specific number of years.

   B.   Flood Fringe: That portion of the floodplain outside of the floodway.

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

   D.   Flood Profile: A graph or a longitudinal plot of water surface elevation of a flood event along a reach of a stream or river.

   E.   Floodway: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.

FLOOD, REGIONAL: 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 reoccurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

FLOOD, REGULATORY FLOOD PROTECTION ELEVATION: A point not less than one foot (1') above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this title are required to be elevated or floodproofed.

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.

FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production of processing of goods, or to business or professional offices. However, the floor area shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the cellar area.

FLOOR AREA RATIO: The floor area, not including enclosed areas below grade or garage space, in square feet of all the several floors of buildings on a lot, divided by the area of such lot in square feet.

FOUNDATION: The basis on which a structure stands, is founded, or is supported.

FREESTANDING SIGN: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.

GARAGE, PRIVATE (RESIDENTIAL): A detached accessory building or attached accessory portion of the principal building which is primarily intended for and used to store the private motor vehicles of the family resident upon the premises.

GARAGE, PUBLIC: A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire.

GARDEN SUPPLY STORE: A place of business where retail and wholesale products and produce are sold to the retail customer. These centers import the majority of the items sold. These items may include soils, wood chips, decorative rock, brick, retaining wall block, plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoses, rakes, shovels, and other garden and farm tools and utensils.

GAZEBO: A detached accessory building typically constructed with a roof and open, screened, or latticework sides, railings, or seats intended to allow the passage of air and light to provide enjoyment of the outdoors.

GOLF COURSE: An area of land laid out for playing golf typically with a series of nine (9) to eighteen (18) holes with tees, fairways, putting greens and natural or manmade hazards. Term includes related practice, groundskeeping and clubhouse or banquet facilities.

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

GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.

GRADING: Changing the natural or existing topography of land.

GREENHOUSE: An enclosed building, permanent or portable, which is used for the growing of small plants.

GROUND SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight feet (8').

GUESTROOM: A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.

HEALTH CLUB: A business that provides recreational services and facilities, usually for the benefit of its membership, involving aerobic exercises, strength and cardiovascular equipment, indoor or outdoor game courts, swimming pools, running tracks, massage, tanning, hair and other personal services, saunas, showers and lockers.

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

HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.

HOME OFFICE: A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and which does not involve the on site sale of products or client/patron site visitations.

HOTEL: A principal commercial use providing temporary lodging of transient persons and guest related services for compensation, whether the compensation be paid directly or indirectly.

JUNK MOTOR VEHICLE: Any motor vehicle which is not in a condition for legal operation upon public streets or is partially dismantled, or which is used for the sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota, except seasonal service vehicles, where license is required for part of the year only.

ILLUMINATED SIGN: Any sign which contains an element designed to emanate artificial light internally or externally.

IMPERVIOUS SURFACE: An artificial or natural surface through which water cannot easily penetrate.

INDIVIDUAL SEWAGE TREATMENT SYSTEM: A sewage treatment system or part thereof, serving a dwelling, building, structure or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. Individual sewage treatment system includes holding tanks.

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

INSTRUCTIONAL CLASSES: A business that provides instruction in specific areas of knowledge or activities including, but not limited to, cooking, dance, dog training, martial arts, music and musical instruments, pottery, and/or yoga.

INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.

INTERIM USE PERMIT: A permit issued in accordance with procedures specified in this title, as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.

INTERLOCK: The painted line or a barrier in a parking lot that separates two (2) facing rows of parking from one another.

INTERMITTENT: A stream or portion of a stream that flows only in direct response to precipitation.

LAND RECLAMATION: The process of the reestablishment of acceptable topography (i.e., slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

LAND/SEA CONTAINERS: Fully enclosed metal or other prefabricated material structures, containers, holders, or receptacles greater than five feet (5') in length with an opening for access, which may or may not have a door attached, and which are used for purposes of, but not limited to, storage, transportation of freight, or holding for sale or lease.

LAND SURVEYOR: Such persons licensed by the state of Minnesota as a land surveyor.

LOADING SPACE (OFF STREET): A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.

LOT: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this title, having not less than the minimum area required by this title for a building site in the district in which such lot is situated and having its principal frontage on a public street.

LOT AREA: The area of a horizontal plane within the lot lines.

LOT, BASE: Lots meeting all the specifications in the zoning district prior to being subdivided into unit lots.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or more.

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line measured from a ninety degree (90°) angle from the street right of way within the lot boundaries.

LOT FRONTAGE: The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.

LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

LOT, INTERIOR: A lot, other than a corner lot, including through or double frontage lots.

LOT LINE: A property boundary line of any lot held in single or separate ownership except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way.

LOT LINE, FRONT: The lot line separating a lot from the street right of way along the lot frontage having the least width.

LOT LINE, REAR: The lot line opposite and most distant from the lot frontage which connects the side lot lines.

LOT LINE, SIDE: Lot lines extending away from the lot frontage, which connects the front and rear lot lines.

LOT OF RECORD: A parcel of land, whether subdivided and/or otherwise legally described and recorded as of September 3, 1963, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this title and having its principal frontage upon a street.

LOT, SUBSTANDARD: A lot or parcel of land which does not meet the minimum lot area, structure setbacks or other dimensional standards of this title.

LOT, THROUGH: A lot fronting on two (2) parallel streets. Also defined as a "double frontage lot".

LOT, TRIANGULAR: A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line.

LOT, UNIT: Lots created from the subdivision of a base lot for the purpose of developing detached townhouse, two-family, attached townhouse or condominium residential, commercial or industrial developments or developments with more than one principal structure on a lot whereby the individual units have title to the portion of land that is generally underlying the structure.

LOT WIDTH: For lots of record and preliminary platted lots having legal standing on January 1, 1994, "lot width" shall mean the minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the front setback line. For cul-de-sac lots or other lots of record created after January 1, 1994 where the front lot line is a curve or irregular line, "lot width" shall mean the minimum required horizontal distance between the side lot lines, measured along a straight line at the midpoint of the front setback line.

LOT, ZONING: A single tract of land which consists of one or more lots of record and which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a separate unit under single ownership or control. A zoning lot may or may not coincide with a single lot of record, but in no case shall a zoning lot include a portion of a lot of record.

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.

MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of state and complies with the standards established under Minnesota statutes chapter 327.

MANUFACTURED HOME PARK: Any site, lot, field, or tract of land upon which two (2) or more occupied manufactured 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 home park.

MANURE: Poultry, livestock or other animal excreta or a mixture of excreta with feed, bedding, precipitation or other materials.

MANURE STORAGE: An area or facility where animal manure or process wastewaters are stored or processed, including short term and permanent stockpile sites and composting sites.

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

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

MASSAGE THERAPY (THERAPEUTIC): The process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement, and applying touch and pressure to the body. Adjunctive therapies may include: a) application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs, b) the use of mechanical devices and tools which mimic or enhance manual actions, and c) instructed self-care and stress management. Massage therapy shall not include techniques traditionally practiced by chiropractors.

METES AND BOUNDS DESCRIPTION: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

MICRODISTILLERY: A distillery producing premium, distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as regulated by Minnesota Statutes, as may be amended.

MINERALS: Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.

MINING: All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.

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.

MODEL HOME: A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.

MOTOR FREIGHT TERMINAL (TRUCK TERMINAL): A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.

MOTOR VEHICLE SALVAGE YARD: Any tract of land upon which two (2) or more junk motor vehicles are kept outside, including uses involved in wholesale or retail sale or auction of junk motor vehicles or junk motor vehicle parts.

MULTIPLE-TENANT SITE: Any site which has more than one tenant, and each tenant has a separate ground level exterior public entrance.

MULTIPLEX THEATER: A movie theater showing first run movies consisting of a minimum audience capacity of three thousand five hundred (3,500) seats, a minimum of ten (10) screens with lobby and refreshment areas typically located within a stand alone building with dedicated parking and driveways.

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

NATURAL DRAINAGE SYSTEM: All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff.

NONCOMMERCIAL SPEECH: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

NONCONFORMING STRUCTURE OR USE, ILLEGAL: A structure or use that has been established in a manner that does not conform to the applicable conditions required by the regulations in place at the time the structure or use was established.

NONCONFORMING STRUCTURE OR USE, LEGAL: Any lawfully established structure or use which on the effective date of this title does not conform to the applicable conditions if the structure or use was to be erected under the guidance of this title.

NURSERY, WHOLESALE: An enterprise which conducts exclusively wholesale sale of plants grown on the site to retailers and jobbers. The only accessory items allowed are pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, shovels, and other handheld tools, but not including power tools or equipment such as gas or electric lawn mowers and farm implements.

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 debris carried by such water.

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

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

ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

OUTLOT: A parcel of land included in a plat identified by a capital letter and is land that is not part of a block.

OVERBURDEN: The earth, rock and other materials that lie above a natural deposit of mineral.

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

PARKING RAMP: A structure designed and used for the storage of motor vehicles at, below and/or above grade.

PARKING SPACE: An area enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public or private street, alley or driveway permitting satisfactory ingress and egress of an automobile.

PARKING STALL: An area enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle.

PASTURE: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.

PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

PERSON: An individual, firm, partnership, association, corporation, or organization of any kind. "Person" also means an adult who is handicapped by reason of mental retardation, mental illness, chemical dependency, or physical handicap, and a child, whether handicapped or not, as defined by Minnesota statutes section 245A.02, subdivision 4.

PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops may include incidental animal grooming and adoption activities, but not animal hospitals, veterinary clinics, or places selling live bait for fishing.

PLANNED UNIT DEVELOPMENT: A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this title, and/or whereby internal site design standard deviations from this title may be allowed to improve site design and operation.

PLANNING COMMISSION: The Lakeville planning commission.

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

PRINCIPAL USE/BUILDING: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted, interim, conditional, or allowed by administrative permit.

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

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

PUBLIC STREET RIGHT OF WAY: The entire right of way of any public street.

PUBLIC USES: Uses owned or operated by municipal, school districts, county, state, or other governmental units.

PUBLIC WATERS: As defined in Minnesota statutes section 103G.005, subdivision 15.

   A.   Public Waters, General Development: Those waters whose shores are generally characterized by medium density residential development with or without limited service oriented commercial development.

   B.   Public Waters, Natural Environment: Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.

   C.   Public Waters, Recreational Development: Generally medium sized lakes of varying depths and shapes with a variety of landform, soil and ground water situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year round residences and recreational oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.

   D.   Public Waters, Tributary Rivers: Segments consisting of watercourses mapped in the protected waters inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.

PUBLICATION: Notice placed in the official city newspaper stating time, location and date of meeting and description of the topic.

PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. Pylon signs may also be referred to as a pole sign.

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.

RECREATION FIELD OR BUILDING: An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, or gymnasium is a recreation field or building for the purpose of this title.

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 VEHICLE AND EQUIPMENT: Includes, but is not limited to, operable and licensed, as required by the state, travel trailers, chassis mounted campers, motor homes, tent trailers, slide in campers, airplanes, and converted buses; snowmobiles and trailers, boats/watercraft and trailers, all-terrain vehicles, motorcycles and utility trailers. A fish house, boat, snowmobile or other recreational vehicle when stored or kept on a trailer shall be considered as one recreational vehicle. A recreational vehicle does not include a motor vehicle designed or used for off road racing, off road use or demolition derby.

RECYCLABLE MATERIAL: Materials that can be readily separated from mixed municipal solid waste for the purpose of recycling, including, but not limited to, paper, glass, plastics, metals, automobile oil and batteries. Recyclable materials that have been separated from the waste stream, processed, and sold or given away for reuse are no longer considered waste.

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

RESIDENTIAL CARE FACILITY: Any residential care program, defined by Minnesota Statutes section 245A.02 and licensed by the State of Minnesota.

RESIDENTIAL DISTRICT: Any district zoned for residential uses.

RESIDENTIAL FACILITY, STATE LICENSED: Any residential care program, defined by Minnesota Statutes section 245A.02 and licensed by the State of Minnesota.

RESIDENTIAL SHELTER: A facility providing short term housing, food, and protection for individuals for purposes such as chemical dependency and domestic abuse, but not including provision of on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional and other health care services; financial management services; legal services; vocational services; and other similar supportive services, and not including state licensed residential care facilities, community correctional facilities, daycare facilities, or hotels.

ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the international building code.

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

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

ROOFLINE: The uppermost edge of the roof or in the case of an extended facade or parapet, the uppermost height of said facade.

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

SCHOOL: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state of Minnesota, and not providing residential accommodations.

SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source.

SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.

SECONDARY USE: A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.

SENIOR HOUSING WITH SERVICES ESTABLISHMENT: As defined by Minnesota statutes 144D providing sleeping accommodations to one or more adult residents, at least eighty percent (80%) of which are fifty five (55) years of age or older, and offering or providing, for a fee, one or more regularly scheduled health related services or two (2) or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment.

SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SETBACK: The minimum horizontal distance between a structure and lot line, ordinary high water mark, or right of way easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.

SEXUALLY ORIENTED ACTIVITIES, RELATED TERMS:

   A.   Sexually Oriented Uses: Uses which include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as "obscene" as defined by Minnesota statutes section 617.241 are not included.

        1.    Specified Anatomical Area: Human genitals in a state of sexual arousal.

        2.    Specified Sexual Activities: Includes any of the following:

          a.    The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

             b.    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

             c.    Masturbation, actual or simulated; or

             d.    Excretory functions as part of or in connection with any of the activities set forth in subsections A2a through A2c of this definition.

   B.   Sexually Oriented Uses, Accessory: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

   C.   Sexually Oriented Uses, Principal: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:

        1.    Escort: A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

        2.    Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

        3.    Establishment: Means and includes any of the following:

             a.    The opening or commencement of any sexually oriented business as a new business;

             b.    The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

             c.    The addition of any sexually oriented business to any other existing sexually oriented business; or

             d.    The relocation of any sexually oriented business.

        4.    Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

        5.    Nudity Or State Of Nudity: Nudity or state of nudity is described as follows:

            a.    The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

             b.    A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

        6.    Seminude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

        7.    Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

             a.    Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

             b.    Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

        8.    Sexually Oriented Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

             a.    Sexually Oriented Bookstore, Sexually Oriented Video Store, Or Sexually Oriented Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

                   (1)    Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

             b.    Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

        9.    Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

             a.    Persons who appear in a state of nudity; or

             b.    Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

             c.    Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

        10.    Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

        11.    Sexually Oriented Massage Parlor: A massage parlor which excludes minors by reasons of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

        12.    Sexually Oriented Motel: A hotel, motel or similar commercial establishment which:

             a.    Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexually activities" or "specified anatomical areas" and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

             b.    Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

             c.    Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

        13.    Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

        14.    Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

        15.    Sexually Oriented Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

SHIMMERING SIGN: A sign which reflects an oscillating sometimes distorted visual image.

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.

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

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

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

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

SLOPE: The degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees.

SOUTH CREEK STORMWATER DISTRICT: The watershed of South Creek as defined in the water resources management plan.

SOUTH CREEK STREAM CHANNEL: The primary flow channel of streams designated as Minnesota department of natural resource public waters within the South Creek stormwater district.

STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this title. Where specific information is not available, steep slopes are lands having average slopes of three to one (3:1) or greater, as measured over horizontal distances of fifty feet (50') or more, that are not defined as bluffs.

STORAGE, OUTDOOR: Storage of any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street rights of way.

STORY: The portion of a building including beneath the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unfinished underfloor space is more than six feet (6') above "grade" as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above "grade" as defined herein at any point, such basement, cellar, or unused underfloor space shall be considered a story.

STREET FRONTAGE: The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and corner lots and through lots have two (2) frontages.

STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.

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 conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

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

TAPROOM: An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes, as may be amended.

TASTING ROOM: An area for the on-sale consumption of distilled spirits or wine produced on the premises of or abutting a winery or distillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the winery or distillery for off premises consumption as may be allowed by Minnesota statutes, as may be amended.

TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures, symbols or any other mark upon, under or in the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree.

TEMPORARY STRUCTURE: A structure that is not permanently erected on a site.

TIME AND TEMPERATURE SIGN: A sign that displays only current time and temperature information.

TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot.

TRAILER, SEMI-TRACTOR: A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor or towing vehicle, and which is used for the purpose of, but not limited to, storage, transportation of freight, or holding freight for sale or lease.

TRANSIT STATION: A building or area which serves as a regular stopping place for buses and/or other forms of urban public transportation.

TRANSMISSION LINE: Those high capacity conductors generally rated one hundred fifteen (115) kilovolts and above and associated structures which are used to carry electricity from points of generation to distribution points such as substations and distribution lines.

TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted including the dispensing of motor fuel, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses.

UNDUE HARDSHIP: The same as that term is defined in Minnesota statutes chapter 462.357, as may be amended, meaning that the property in question cannot be put to a reasonable use if used under the conditions allowed by this title, the plight of the landowner is due to circumstances unique to the property not caused by the landowner and a variance, if granted, shall not alter the character of the locality. Economic considerations alone shall not constitute an undue hardship if a reasonable use of the property exists under the terms of this title. Undue hardship may also include inadequate access to direct sunlight for solar energy systems.

USABLE OPEN SPACE: A required ground area or terrace area on a lot which is graded, developed, landscaped and/or equipped, and which is intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling on the lot or a development project and their guests. Such areas shall be grassed and landscaped or covered only for recreational purposes. Roofs, driveways, and parking areas shall not constitute usable open space. Required front and side yards shall be excluded from the usable open space area calculation.

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, and shall include the performance of such activity as defined by the performance standards of this title.

VARIANCE: A modification of or variation from the provisions of this title consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this title, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.

VEGETATION: The sum total of plant life in some area; or a plant community with distinguishable characteristics.

VERTEX: The corner point of a triangle, rectangle, or other geometric figure bounded by lines.

VETERINARY CLINIC: A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.

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

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

WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty degrees (60°) or greater with the horizontal plane.

WALL SIGN: Any building sign attached parallel to, but within two feet (2') of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WASTE: Infectious waste, nuclear waste, pathological waste, sewage sludge, solid waste, and hazardous waste.

WASTE FACILITY: Property used for the accumulation, storage, processing, or disposal of waste.

WASTE, HAZARDOUS: Any refuse, sludge, or other waste material or combination 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 or irreversible, or incapacitating reversible illness; or

   B.   Pose a substantial present or potential hazard to human health or the environment when not properly treated, stored, or transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, 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.

WASTE, INFECTIOUS: Laboratory waste, blood, regulated body fluids, sharps, and research animal waste that have not been decontaminated.

WASTE, PATHOLOGICAL: Human tissue and body parts removed accidentally or during surgery or autopsy intended for disposal. Pathological waste does not include teeth.

WATER BODY: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.

WATERCOURSE: A channel or depression through which water flows year round or intermittently, such as rivers, streams, or creeks.

WETLANDS:

   A.   Hydric Soils: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

   B.   Hydrophytic Vegetation: Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

   C.   Wetlands: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this title, wetlands must have the following three (3) attributes:

        1.    Have a predominance of hydric soils.

        2.    Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

        3.    Under normal circumstances, support a prevalence of such vegetation.

WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill).

WINDOW SIGN: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

YARD: Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used except in the case of a lot containing or adjacent to all or a portion of a wetland, in which case the distance between the nearest edge of the wetland and the main building shall be as provided by section 11-16-13 of this title.

YARD, FRONT: The area extending along the full length of a front lot line between side lot lines and to the depth required in the yard regulations for the district in which it is located. In the case of a corner lot abutting one or more streets, both yards shall be considered front yards unless a specific standard is established by this title for a side yard of a corner lot abutting a public right-of-way.

YARD, REAR: A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building.

YARD, REQUIRED: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.

YARD, SIDE: A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.

ZONING ADMINISTRATOR: The person designated by the City Administrator to be the Zoning Administrator for the City of Lakeville.

ZONING DISTRICT: An area or areas of the City (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this title.

ZONING DISTRICT OVERLAY: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

ZONING DISTRICT UNDERLYING (BASE): All zoning districts except overlay zoning districts.

ZONING MAP: The map or maps incorporated into this title as part thereof, designating the zoning districts. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 707, sec. 1, 3-4-2002; Ord. 730, sec. 1, 3-17-2003; Ord. 762, sec. 1, 4-5-2004; Ord. 791, sec. 1, 9-19-2005; Ord. 816, secs. 2, 3, 2-5-2007; Ord. 827, sec. 1, 7-16-2007; Ord. 866, secs. 2, 10, 5-17-2010; Ord. 867, secs. 1, 2, 3, 5-17-2010; Ord. 897, 12-3-2012; Ord. 903, 3-4-2013; Ord. 913, 11-4-2013; Ord. 920, 4-7-2014; Ord. 924, 7-7-2014; Ord. 936, 3-16-2015; Ord. 948, 12-7-2015; Ord. 979, 5-15-2017; Ord. 996, 5-7-2018; Ord. 997, 7-2-2018; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1052, secs. 1, 2, 9-7-2021; Ord. 1065, 4-4-2022)