§ 154.01.12 USE DEFINITIONS.
   (A)   A:
      (1)   ACCESSORY DWELLING UNIT (ADU). A self-contained dwelling unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is located within, attached to, or on the same lot as an existing residential dwelling.
      (2)   ADULT ORIENTED ENTERTAINMENT BUSINESS. Any business that is characterized by, or places a significant emphasis on, providing its patrons with merchandise, services or entertainment that is characterized by an emphasis on the depiction, exposing, describing, discussing of "specified sexual activities" or "specified anatomical areas". For purposes of this definition, adult establishments include, without limitation, adult bookstores, adult motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
      (3)   AGRICULTURE. The growing of produce or livestock on farms. This use includes field crop farming; pasture for hay; fruit growing tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season; and livestock raising and feeding, but does not include fur farms, poultry, commercial animal feed lots and animal boarding facilities.
      (4)   AMBULANCE OR MEDICAL CARRIER SERVICE. The provision of transporting a patient via ambulance to or between hospitals. This public or private service includes both emergency ambulance service and routine ambulance service.
      (5)   ANIMAL BOARDING, SHELTER, OR DAYCARE CENTER. Any structure or premises on which more than three dogs or cats over six months of age are temporarily or permanently boarded, including animal day care/spa facilities. Veterinary clinics providing boarding as part of medical services are not included in this use.
      (6)   ANIMAL/VETERINARY CLINIC OR HOSPITAL. 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. The facility may also provide boarding for animals as part of medical services.
      (7)   ANTENNA. Any pole, rod, monopole, tower, earth station, conical or dish shaped or similar device that is free standing or held aloft by a support structure and is used in whole or in part for the collection, communication, transmission or receiving of telecommunications signals.
      (8)   APARTMENT UNIT. A room or suite of rooms which is designed for, intended for or occupied as a residence by a single-family or an individual and is equipped with cooking facilities, includes dwelling unit and efficiency unit.
      (9)   ASSISTED LIVING FACILITY. A residential facility licensed by the state which provides services on a regular basis, such as personal services, 24-hour supervision, social activities, and health-related care and services, to individuals who require the assistance, but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
      (10)   AUTOMOBILE FUELING AND SERVICE STATION. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels. Additional services provided may include, but are not limited to, the sale of automobile accessories and groceries, greasing and oiling, and the replacement of parts and motor services.
      (11)   AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; or vehicle steam cleaning.
      (12)   AUTOMOBILE REPAIR AND SERVICE, MINOR. Incidental body or fender work, or other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding 9,000 pounds gross weight, but not including any operation named under "automobile repair, major," or any other similar thereto.
      (13)   AUTOMOBILE SALES, LEASING, AND SERVICE. Any land or buildings, other than a street, used for the display, sale, rental, or service of new or used motor vehicles or trailers in operable condition and where no repair work is done.
   (B)   B:
      (1)   BAR OR DRINKING PLACE. An establishment or part of an establishment used primarily for the sale or dispensing of liquor for consumption on the premises.
      (2)   BREWPUB. A restaurant with an accessory small brewery.
      (3)   BREWERY, WINERY, OR DISTILLERY. A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half of 1% alcohol by volume.
      (4)   BED AND BREAKFAST. An owner-occupied business within a residential structure with no more than six guest rooms where short-term accommodations are provided to guests for compensation. The service of food shall be limited to breakfasts served to overnight guests only.
      (5)   BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
   (C)   C:
      (1)   CEMETERY. A parcel or tract of land used or intended to be used for the burial of the human dead including columbaria, mausoleums and mortuaries when operated within the boundaries of such cemetery.
      (2)   CLINIC. A facility used primarily for the provision of outpatient medical, dental, chiropractic, therapeutic, optometric or mental health care and treatment.
      (3)   CLUB OR LODGE. A nonprofit association of persons who are bona fide members paying regular dues, with the use of premises being restricted to members and their guests for receptions, social recreation, and other gatherings.
      (4)   COMMERCIAL CENTER. Commercial sites that consist of primarily retail establishments with two or more separate businesses managed as a total entity and sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way does not need to be used to get from one business to another.
      (5)   COMMERCIAL GREENHOUSE, NURSERY, OR TREE FARM. A use involving the growing, harvesting, and/or sale of trees, shrubs, decorative plants, or wood products.
      (6)   COMMUNITY GARDEN. A private or public facility for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.
      (7)   CONSTRUCTION CONTRACTOR YARD. A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials customarily required in the building trades by a construction contractor.
      (8)   CONTINUING CARE FACILITY. A residential facility or complex which provides a variety of senior living choices, from independent living to long-term care, with a goal of helping residents to age in place.
      (9)   COTTAGE COURTYARD DEVELOPMENT. Cluster of single-family principal dwellings (three to ten units total), in the form of smaller detached houses, arranged around a shared courtyard or open space that is typically perpendicular to the street. The shared courtyard takes the place of individual rear yards and becomes an important community-enhancing element of this housing type. Cottage courtyard housing may consist of site-built houses, manufactured and modular houses, or tiny houses.
   (D)   D:
      (1)   DAYCARE CENTER. A state-licensed facility other than a private residence that provides for the care of children during only part of a 24-hour day. This term includes nursery schools, preschools, day care facilities, and other similar uses but excludes public and private schools or any facility offering care of individuals for a full 24-hour period.
      (2)   DAYCARE, FAMILY. A dwelling unit where a resident of the dwelling is providing care under Minn. Rules 9502 for less than 24 hours at a time for no more than ten children, of which no more than six children are under school age.
      (3)   DAYCARE, GROUP FAMILY. A dwelling unit where a resident of the dwelling is providing care under Minn. Rules 9502 for less than 24 hours at a time for up to 14 children, of which no more than ten may be school age.
      (4)   DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for non-industrial use.
      (5)   DRIVE-THRU ESTABLISHMENT. An accessory use, structure, or portion of a principal structure where patrons may purchase products or receive service without having to leave their motor vehicle (and enter a building).
      (6)   DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including single-family and multiple-family dwellings, but not including hotels, motels, bed and breakfasts, and mobile homes.
      (7)   DWELLING, FACTORY-BUILT. A dwelling unit which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. Factory-built dwellings do not include manufactured or mobile homes.
      (8)   DWELLING UNIT. A residential building or portion thereof that provides complete living facilities, including bathroom and kitchen facilities, and is intended for occupancy by one family.
      (9)   DWELLING, SINGLE-FAMILY DETACHED. A site-built or factory-built residential structure designed to house a single family on a single lot which is not attached to any other dwelling unit, excluding an accessory dwelling unit.
      (10)   DWELLING, MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected, on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code (M.S. § 327.31, Subd. 6).
      (11)   DWELLING, TWINHOME. A residential structure designed to house a single family on a single lot which is attached by a common wall or walls to an adjoining dwelling unit or units.
      (12)   DWELLING, TWO- TO FOUR-FAMILY. A single residential structure on a single lot which is designed for the occupancy of two, three, or four families living independently of one another.
      (13)   DWELLING, ATTACHED TOWNHOUSE OR ROWHOUSE. A single-family unit which is located within a larger residential structure containing three or more units and which is separated from the adjoining dwelling unit(s) by a common wall. Each dwelling unit may be located on its own individual lot or on a common lot containing all of the attached units, and each dwelling unit shall have separate and individual front and rear entrances.
      (14)   DWELLING, APARTMENT BUILDING. A building consisting of five or more apartment units designed exclusively for occupancy by five or more families living independently of one another, but sharing hallways and main entrances and exits.
      (15)   DWELLING, APARTMENT MIXED USE. A building designed for one or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside.
      (16)   DWELLING, LIVE/WORK. A dwelling unit used jointly for both residential and commercial uses.
      (17)   DWELLING WITH RESIDENTIAL SUPPORT SERVICES. A residential building intended primarily for persons over age 55 which provides regularly scheduled supportive services to residents.
      (18)   DWELLING, EARTH SHELTERED. A detached dwelling unit constructed so that 50% or more of the exterior surface is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure's lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations of earth covering. Partially completed buildings shall not be considered earth sheltered.
   (E)   E:
      (1)   ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.
   (F)   F:
      (1)   FAMILY. An individual or two or more persons related by blood, marriage, adoption, or guardianship or a group of not more than five unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, club lodge, sorority or fraternity house, as herein described.
      (2)   FUNERAL HOME. An establishment providing services such as preparing the deceased for burial or cremation and arranging and managing funerals. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings.
   (G)   H:
      (1)   HOME OCCUPATION. An occupation, profession, or activity, whether conducted for profit or not for profit, that is carried on by a resident of the dwelling in a manner that the use is limited in extent and secondary to the use of the dwelling for residential purposes. An occupation, profession, or activity shall not be considered a home occupation if the resident is performing administrative, clerical, or research work in their home for a licensed entity located elsewhere. A family child care provider or a group family child care provider shall also not be considered a home occupation.
      (2)   HOSPITAL. An establishment providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.
      (3)   HOTEL. Any building containing six or more guest rooms in which temporary lodging is offered to guests for compensation, and in which access to and from each room or unit is through interior lobbies, courts, or halls. Additional services such as restaurants, meeting rooms, entertainment, and recreational facilities may also be provided.
   (H)   I:
      (1)   INDOOR RECREATIONAL FACILITY, COMMERCIAL. Indoor facilities operated as a business and which are open to the public for a fee that shall include, but are not limited to, billiard parlors, skating rinks, indoor swimming pools, bowling alleys, movie theaters, arcades, health clubs, reception halls, and other similar businesses. Such businesses may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.
   (I)   L:
      (1)   LONG-TERM CARE FACILITY. A facility that provides meals, lodging, and nursing care to two or more individuals due to illness, age, or infirmity. Long-term care facilities include skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent care, and other transitional care facilities.
   (J)   M:
      (1)   MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment or assembly of products and material provided the use will not generate offensive odors, glare, smoke, dust, noise, vibration or other objectionable influences that extend beyond the lot on which the use is located. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples include, but are not limited to the following: food; pharmaceuticals; clothes; furniture (where wood is milled off-site); hardware; toys; light sheet metal products; mechanical components; printing; recyclers that process indoors; small vehicle assembly; and computer software.
      (2)   MANUFACTURED HOME PARK. An approved manufactured home park which has underground utility service to each site and only permits independent manufactured homes.
      (3)   MARINA, PUBLIC. A sheltered harbor where one to six boats are kept in the water and where services geared to the needs of recreational boating are found. The marina may have daily and overnight boat mooring and parking of vehicles.
      (4)   MARINA, COMMERCIAL. A marina is a sheltered harbor where boats are kept in the water and where services geared to the needs of recreational boating are found. The marina may have daily and overnight boat mooring, re-fueling, winterizing services, winter storage, stores, restaurants, and parking of vehicles.
      (5)   MEMBRANE STRUCTURE. A structure usually consisting of an aluminum, steel or plastic frame which is covered with a plastic, fabric, canvas or similar nonpermanent material and is used to provide for the storage of vehicles, boats, recreational vehicles or other personal property. The term "membrane structure" shall also apply to structures commonly known as hoop houses, canopy-covered carports and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public waters.
      (6)   MOORING FACILITY. A concentrated area intended solely for the mooring or containment of up to six watercraft or seaplanes by docks, mooring buoys or other means.
      (7)   MOTEL. A building or group of buildings containing six or more guest rooms in which temporary lodging is offered to guests for compensation, and in which access to and from each room or unit is through an exterior door.
      (8)   MUNICIPAL, COUNTY, STATE, OR FEDERAL ADMINISTRATIVE OR SERVICES BUILDING. A structure or structures in which municipal, county, state, or federal administrative offices are located or services are provided.
      (9)   MUNICIPAL SOCIAL, CULTURAL, OR RECREATIONAL FACILITY. An area of land, water or any building in which social and cultural events, amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent.
   (K)   O:
      (1)   OFFICE. An establishment used primarily for conducting the predominantly administrative or clerical service affairs of a business, profession, service, industry or government, or like activity. This use may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand and child care facilities.
      (2)   OPEN AND OUTDOOR STORAGE. The storage of personal or business property for a period greater than 24 hours outside of an enclosed building.
      (3)   OUTDOOR DINING. A specified outdoor area for dining which is accessory to a principal restaurant or food service establishment use.
      (4)   OUTDOOR RECREATIONAL FACILITY, COMMERCIAL. Land or outdoor facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to, golf courses, outdoor swimming pools, amusement parks, and other similar businesses. Such facility may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.
   (L)   P:
      (1)   PARK. Area of public land developed and maintained for both active and passive recreational pursuits, including tot-lots, playgrounds, neighborhood parks, play fields and special purpose areas.
      (2)   PARKING FACILITY. A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.
      (3)   PLACE OF WORSHIP. Building(s) or structure(s) which by design, construction, and/or adaptation are primarily intended for the conducting of organized religious services and associated accessory uses.
   (M)   R:
      (1)   RECREATIONAL FACILITY, PUBLIC. An indoor or outdoor public place or facility designed and equipped for the conduct of sports and leisure-time activities.
      (2)   RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. For the purposes of this title, the term RECREATIONAL VEHICLE shall be synonymous with the term “travel trailer/travel vehicle”.
      (3)   RECREATIONAL VEHICLES AND EQUIPMENT. Includes but is not limited to boats, personal watercraft, snowmobiles, all-terrain vehicles, motorcycles, and related trailers.
      (4)   RESTAURANT. An establishment, where food and drink are prepared and served for human consumption, principally within the establishment or for take-out to be consumed off-premises.
      (5)   RESIDENTIAL CARE FACILITY. An in-home residential facility licensed by the state which provides primarily nonmedical care to individuals who are in need of personal assistance to manage the activities of daily life or for the protection of the individual.
   (N)   S:
      (1)   SCHOOL, COLLEGE/UNIVERSITY/TRADE/BUSINESS. A building used for the purpose of public or private post-secondary education.
      (2)   SCHOOL, ELEMENTARY OR SECONDARY. A building used for the purpose of public or private elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.
      (3)   SCRAP OR SALVAGE STORAGE YARD. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, waste, reclaimable material or debris.
      (4)   SHORT-TERM VACATION RENTAL. A dwelling, or portion thereof, that is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days.
      (5)   SMALL-SCALE SOLAR ENERGY GENERATION SYSTEM. A solar collector or other device mounted on a building, pole, or rack whose primary purpose is to harvest energy by transferring solar energy into another form of energy. This does not include ground-mounted solar systems.
      (6)   SMALL-SCALE WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility with 5,000 kW nameplate generating capacity or less that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
         (a)   HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
         (b)   HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
         (c)   HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub.
         (d)   MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.
         (e)   TOTAL HEIGHT. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.
         (f)   VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically.
         (g)   WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
      (7)   SPECIALTY FOOD OR COFFEE SHOP. An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g. candy, coffee, ice cream) for consumption on or off-premises. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage.
      (8)   STANDALONE STORE, RETAIL OR SERVICE. A detached structure where goods or services are sold.
      (9)   STORAGE FACILITY, PERSONAL. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
      (10)   STUDIO OR GALLERY. An establishment engaged in the sale, loan, or display of visual works of art.
      (11)   SWIMMING POOLS. A constructed or pre-fabricated in-ground or above-ground structure over 24 inches deep and containing more than 5,000 gallons of water designed or used for recreational purposes including swimming, diving and bathing.
   (O)   T:
      (1)   THEATER, DANCE, OR MUSIC PERFORMANCE FACILITY. A facility used for the production, preparation, and performance of dramatic, dance, musical, or other live performances.
      (2)   TELECOMMUNICATION STRUCTURE OR TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, (e.g., monopoles and similar structures).
   (P)   U:
      (1)   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 the activity, as defined by the performance standards of this chapter.
      (2)   USE, ACCESSORY. A use subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereof.
      (3)   USE, INTERIM.
         (a)   A temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it.
         (b)   INTERIM USES are permitted in all zones of the city according to the provisions hereof.
      (4)   USE, CONDITIONAL. A specific type of land use listed in the official control that may be allowed, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
         (a)   Certain conditions, as detailed in zoning ordinance, exist; and
         (b)   The structure and/or land use conform to the comprehensive land use plan, if one exists.
      (5)   USE, PERMITTED. A land use which is specifically allowed in a zoning district.
      (6)   USE, PERMITTED WITH STANDARDS. A land use which may be lawfully established in a particular district or districts, provided certain standards are met.
      (7)   USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses.
      (8)   USE, SUBSTANDARD. Any use which is permitted within the applicable zoning district, but does not meet the minimum lot area, frontage, setbacks or other dimensional standards of this chapter.
   (Q)   W:
      (1)   WAREHOUSE AND DISTRIBUTION FACILITY. An establishment engaged in the storage and distribution of manufactured products, supplies, and equipment.
      (2)   WHOLESALE TRADE ESTABLISHMENT. An establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.
      (3)   WINERY. A processing facility used for the fermenting and processing of fruit juice into wine; or the refermenting of still wine into sparkling wine.
(Ord. 20220120-01, passed 1-20-22)