§ 1007.001 RULES AND DEFINITIONS.

   (1)   Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

      (a)   The singular number includes the plural, and the plural the singular.

      (b)   The present tense includes the past and the future tenses, and the future the present.

      (c)   The words “shall” and “must”are mandatory while the word “may” is permissive.

      (d)   The masculine gender includes the feminine and neuter.

      (e)   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition thereof, or its commonly used definition by the Merriam-Webster dictionary.

      (f)   In the event of conflicting provisions, the more restrictive shall apply.

      (g)   All measured distances expressed in feet shall be to the nearest tenth of a foot.

      (h)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirement for the promotion of health, safety, and welfare.

   (2)   Definitions. The following words and terms, wherever they occur in this chapter shall be interpreted as herein defined:

   ACCESSORY APARTMENT. A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.

   ACCESSORY BUILDING. A portion of the principal building or a detached structure on the same lot which is used for an accessory use.

   ACCESSORY STRUCTURE.  A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

   ACCESSORY USE.  A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

   ADDITION. A physical enlargement of an existing structure.

   ADJOINING/ABUTTING LOT OR LAND. A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.

   ADULT USE RELATED TERMS.

      (a)   ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult massage parlors, adult steam room/boathouse/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 M.S. § 617.241 are not included.

         1.   SPECIFIED ANATOMICAL AREAS:

            a.   Less than completely opaquely covered human genitals, pubic region, buttock anus, or female breast(s) below a point immediately above the top of the areola; and

            b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         2.   SPECIFIED SEXUAL ACTIVITIES:

            a.   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral- anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following: sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

            b.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

            c.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

            d.   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

            e.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or

            f.   Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

            g.   Human excretion, urination, menstruation, vaginal or anal irrigation.

      (b)   ADULT USE - ACCESSORY. The offering of retail goods for sale which are classified as adult 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)   ADULT USES - PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

         1.   ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”

         2.   ADULT USE - BOOKSTORE. A building or portion of a building used for barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, compact discs, computer software, digital recordings, motion picture film, or other communication mediums if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas.”

         3.   ADULT USE - CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas.”

         4.   ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment 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.”

         5.   ADULT USE - 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, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

         6.   ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

         7.   ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

         8.   ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

         9.   ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

         10.   ADULT USE - MODELING STUDIO.  An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

         11.   ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”

         12.   ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on “specified anatomical areas” for observation by patrons therein.

         13.   ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

         14.   ADULT USE - SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

         15.   ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or a portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

   AGRICULTURAL BUILDING. An accessory building designed, constructed, or used to house farm implements or agriculture products on agricultural lands as defined by M.S. § 273.12 and § 273.23, as amended. A Minnesota Pollution Control Agency Permit may be required.

   AGRICULTURE.  The use of land for the production, keeping or maintenance, sale, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agricultural land uses do not include slaughterhouses or the processing of crops, produce, animals for public purchase or consumption as to constitute a commercial or industrial land use.

   AGRITOURISM. Includes any commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating.

   AIRPORT. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

   AIRPORT, PRIVATE USE. Airports which are intended for use by certain individuals or associations and not to the public.

   ALLEY. A public right-of-way which provides a secondary means of access to abutting property.

   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 a 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 purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds.

Animal	Animal Unit
Dairy Cattle
Mature Cow (1,000 pounds or over)	1.4
Mature Cow (Under 1,000 pounds)	1.0
Heifer	0.7
Calf	0.2
Beef Cattle
Slaughter Steer or Stock Cow	1.0
Feeder Cattle or Heifer	0.7
Cow and Calf Pair	1.2
Calf	0.2
Swine
Over 300 pounds	0.4
Swine
Between 55 and 300 pounds	0.3
Under 55 pounds	0.05
Horse	1.0
Sheep or Lamb	0.1
Chicken (Liquid Manure System)	0.0333
Chicken (Dry Manure System)
5 pounds or over	0.005
Less than 5 pounds	0.003
Turkey
5 pounds or over	0.018
Less than 5 pounds	0.005
Duck	0.01

 

   ANIMALS, DOMESTIC.  Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs; cats; caged birds including pigeons; gerbils; hamsters; guinea pigs; domesticated rabbits; fish; non-poisonous, non-venomous, and nonconstricting reptiles or amphibians; and other similar animals.

   ANIMALS, FARM. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.

   ANTENNA RELATED.

      (a)   PERSONAL WIRELESS SERVICE.   A device consisting of a metal, carbon, fiber, or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communications including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services.

      (b)   PUBLIC OR COMMERCIAL 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.

      (c)   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.

      (d)   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.

      (e)   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 shall be 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 support structure thereof.

      (f)   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.

      (g)   SHORT-WAVE 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 short-wave and citizen band radio communications, and including the supporting structure thereof.

      (h)   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.

      (i)   STRUCTURE, PUBLIC.  An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency.

      (j)   SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of antennas.

      (k)   TOWER. Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade.

      (l)   TOWER, 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, which is commonly referred to as Cellular on Wheels (COW).

   APARTMENT.  A room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit.

   APPLICANT.  The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed.

   ASSISTED LIVING FACILITY. A facility that provides sleeping accommodations to one or more adult residents, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for the establishment, as defined in M.S. §144G.

   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; vehicle steam cleaning.

   AUTOMOBILE REPAIR-MINOR. An establishment providing goods or services related to passenger motor vehicles such as car washes; repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair; and other uses of similar character, but not including uses defined as a major automobile business or automobile sales.

   AUTOMOBILE SALES.  The use of any building or land area for the display and sale of new or used passenger motor vehicles, motorcycles, trucks, vans, trailers or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use.

   AUTOMOBILE 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; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.

   BASE MAP. A map having sufficient points of reference, such as state, county or municipal boundary lines, streets, easements, and other selected physical features to allow the plotting of other data.

   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 for more than 50% of its perimeter.

   BATCH PLANT.  A temporary facility/device that produces or processes concrete or asphalt for a specified construction project over a defined period of time.

   BAY.  A part of a building projecting or cantilevered from the main part.

   BEVERAGE PRODUCTION AND BOTTLING.  A facility for the production and bottling of beverages including but not limited to soft drinks, milk, beer, wine, spirits, etc., but not including hazardous or toxic materials.

   BOARDER.  An individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

   BOARDING HOUSE.  A building other than a hotel or motel where, for compensation and by pre-arrangement for definite periods, meals and/or lodging are provided to three to ten, not of the principal family therein, and not to anyone who may apply.

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

   BREW PUB.  A restaurant that conducts the retail sale of malt liquor brewed on the premise and licensed under M.S. § 340A.24. Areas used exclusively for brewing operations shall not exceed 25 percent of the total floor area. Included within this use is the off-sale of malt liquor produced on site in refillable growlers pursuant to M.S. § 340A.285.

   BREWER TAPROOM. Facility on the premises of, or adjacent to, a malt liquor beverage production facility / brewery intended for the on-sale and consumption of malt liquor produced by the brewer pursuant to M.S. § 340A.26. A BREWER TAPROOM may include a restaurant.

   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 yards have been provided.

   BUILDABLE LAND, CONTIGUOUS.  Land area occurring within the lot lines of a parcel or lot excluding wetlands and/or water bodies and not separated by those wetlands and/or waterbodies.

   BUILDING.  Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

   BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls and supporting columns of the ground floor of all principal and accessory buildings on a lot.

   BUILDING HEIGHT.  The vertical distance above a reference datum measured to the highest point of the coping of a flat roof to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

      (a)   The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

      (b)   An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (a) above is more than ten feet above lowest grade.

   BUILDING LINE. A line parallel to a lot line, street right-of-way, street easement, or the ordinary high water level at the required setback which establishes the area within which the principal structure must be constructed or located.

   BUILDING, POLE. Any structure possessing the following characteristics: structural wood poles or timbers buried in ground without footings or with individual footings; and metal wall coverings hung in a manner that the wall coverings provide structural support for the wood frame. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any other similar structure not covering or enclosing a specific area.

   BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located.

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

   CANOPY.  An accessory roof-like structure, which is either attached to or detached from an allowable primary building; which is open on all sides, other than where attached; and which is located over and designed to provide cover for entrances, exits, walkways, and approved off-street motor vehicle service areas.

   CARPORT.  A permanently constructed motor vehicle shelter having one or more sides open.

   CERTIFICATE OF SURVEY. A land survey prepared by a land surveyor registered in the State of Minnesota with a certification that the information on the land survey is accurate.

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

   CHURCH.  A building, together with its accessory buildings and use, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

   CITY COUNCIL.  The governing body for the City of Lino Lakes.

   CLUB OR LODGE.  A non-profit association of persons who are members paying annual dues, use of premises being restricted to members and their guests.

   CLUSTER DEVELOPMENT. A form of residential development that groups buildings or lots to provide common open space.

   COMMERCIAL USE.  The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

   COMMUNITY GARDEN.  A facility on public land for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

   COMPREHENSIVE PLAN.  A Comprehensive Plan prepared and approved by the city, including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

   CONDITIONAL USE.  A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council.

   CONDITIONAL USE PERMIT. A permit issued by the City Council in compliance with the procedures specified within this chapter as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents.

   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, M.S. § 515.01 through § 515.29.

   CONDOMINIUM ASSOCIATION. The community association that administers and maintains the common property and common elements of a condominium.

   CONFERENCE CENTER. A facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating, and recreation. A conference center is not designed to be only utilized by the general public for overnight purposes.

   CONSTRUCTION. The erection, alteration or extension of a structure.

   COOPERATIVE HOUSING.  A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. § 515B. 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.

   CUL-DE-SAC. (See STREET, CUL-DE-SAC)

   DATA CENTER. An establishment primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services.

   DAY CARE FACILITY.  Any facility licensed by the State Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24-hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services, as defined by M.S. § 245A.02.

   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.

   DENSITY. The number of dwelling units per unit of land. In this chapter, net density shall mean number of dwelling units per acre of contiguous buildable land. Gross density shall mean number of units per acre of the total subject property.

   DETACHED GARAGE.  A one-story accessory building used or intended for the storage of driven passenger motor vehicles and motorcycles.

   DETACHED OUTDOOR LIVING AREA. A flat surfaced seasonal outdoor room intended for casual human use which may be screened but may not have permanent structural walls or be covered by a permanent roof.

   DEVELOPMENT.  The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

   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.

   DOCK (BOAT LAUNCH). A structure accessory to the principal use of the property which extends into navigable waters and used for the launching, landing or mooring of watercraft.

   DORMITORY. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

   DRAINAGE.  The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

   DRAINAGE SYSTEM.  Any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including, but not limited to, streams, rivers, creeks, ditches, channels, conduits, gullies, ravines, washes, lakes or ponds and structures such as culverts, drainage tile, dams, bridges and water storage basins.

   DRAINAGEWAY.  Any natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows.

   DRIVE-THROUGH FACILITIES.  A physical facility that permits customers to receive services or obtain goods while remaining in their motor vehicles. Examples include but are not limited to bank and fast food restaurant drive-through facilities.

   DRIVEWAY.  A private roadway providing access for motor vehicles to a parking space, garage, dwelling or other structures.

   DWELLING.  A building or portion thereof which is used exclusively for human habitation.

   DWELLING, EFFICIENCY.  A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

   DWELLING, MULTIPLE-FAMILY.  A building containing more than two dwelling units.

   DWELLING, SINGLE FAMILY DETACHED.  A building which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

   DWELLING, TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

   DWELLING, TWO FAMILY.  A building containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

   DWELLING UNIT.  One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

   EASEMENT.  A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

   ELDERLY (SENIOR CITIZEN) HOUSING. A multiple dwelling building with open occupancy limited to senior citizens.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Personal wireless service and commercial broadcasting antennas and towers shall not be considered an essential service.

   EVENT CENTER/RECEPTION HALL.  A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, retreats, parties, weddings, receptions and dances.

   EXISTING USE.  The use of a lot or structure at the time of the enactment of a zoning ordinance.

   EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals and peat not regulated under M.S. § 93.44 to § 93.51.

   FAMILY.  An individual or two or more persons related by blood or marriage or of not more than five persons who need not be related by blood or marriage living together in a dwelling unit.

   FARM. Real property used for commercial agriculture or horticulture.

   FEEDLOT. A confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal waste may accumulate but not including barns, pens or other structures used in a dairy farm operation.

   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 on a site.

   FINANCIAL INSTITUTION. An establishment where the principal business is the receipt, disbursement or exchange of funds and currencies, such as: banks, credit unions or savings and loans.

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

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

   FLOOR AREA, GROSS.  The sum of the gross horizontal areas of the several floors of a building or portion thereof devoted to a particular use, as measured from the exterior face of the exterior walls or from the centerline of a common wall of the building or portion thereof devoted to a particular use.

   FLOOR AREA, NET.  The total of all floor areas of a building from the inside perimeter walls, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

   FOOTPRINT. The horizontal area measured within the outside of the exterior walls and supporting columns of the ground floor of a building or structure.

   GARAGE.  A building or structure, or part thereof, used or intended to be used for the parking and storage of motor vehicles.

   GARAGE, PRIVATE.  A detached accessory building or an attached accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families who reside upon the premises and in which no occupation or business for profit is carried on, and enclosed on all four sides and pierced only by windows and customary doors.

   GARAGE, PUBLIC.  A garage other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation repairs, or kept for renumeration, hire or sale.

   GARAGE SALE.  Any display of used goods and/or salesmen samples for sale of said goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

   GAZEBO. A freestanding accessory structure or pavilion from which views of surrounding scenery are commonly offered. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features.

   GOLF COURSE. An outdoor facility with at least nine holes for playing golf and that may include accessory facilities and uses that serve the golfers such as a clubhouse, driving range, pro shop, restaurants or other food and beverage services with or without outdoor dining areas, maintenance buildings, cart storage, shelters, lockers and showers. This definition includes outdoor driving ranges but does not include miniature golf courses. On-sale liquor sales may be an accessory use at a golf course provided the license required by City Code Title 700 is obtained and current.

   GOLF COURSE, MINIATURE. A facility for playing a novelty, small version of golf played with a putter, typically comprised of miniature putting greens with artificial playing surfaces and obstacles such as bridges and tunnels.

   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 lot line, or when the lot line is more than five feet from the building, between the building and a line five feet from the building.

   GRADING PLAN.  Existing topography and proposed finished grades with a contour interval of no greater than two feet clearly indicating the relationship of proposed changes to existing topography and remaining features.

   GREENHOUSE/NURSERY, COMMERCIAL.  An enterprise that conducts the retail and/or wholesale of plants grown on the premises, as well as accessory items (but not power equipment, such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. (A greenhouse/nursery that does not conduct retail or wholesale is considered horticulture.)

   HAZARDOUS WASTE.  Any refuse, sludge, or other waste material or combination thereof in solid, semi-solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may:

      (a)   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

      (b)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammable substances, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

   HISTORIC SITE. A structure or area of land or water of historic, archaeological, paleontological or architectural value which has been designated as a historic site in the Federal Register of historical landmarks, the Minnesota Historical Society, or by a local governmental unit.

   HOME EXTENDED BUSINESS. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this section.

   HOME OCCUPATION. Any activity by a resident carried out for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof.

   HOMEOWNERS ASSOCIATION. A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

   HORTICULTURE.  The use of land for the growing or production for income of fruits; vegetables; flowers; nursery stock, including ornamental plants and trees; and cultured sod. Horticulture is a type of agricultural use.

   HOSPITALITY BUSINESS.  An establishment offering transient lodging accommodations on a daily rate to the general public, leasable events, meeting or conference facilities, exhibition halls or other uses of similar character including hotels, motels, convention facilities, and hospices.

   HOUSEBOAT.  A watercraft vessel having a super structure resembling a house, usually moored and designed and used as a dwelling.

   IMPERVIOUS SURFACE. A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. This includes but is not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures.

   INDIVIDUAL SEWAGE TREATMENT SYSTEM OR INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A sewage treatment system, or part thereof, serving a dwelling, other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies (per Minnesota Rules 7080).

   INDUSTRIAL PARK.  A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

   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 said use.

   IRRIGATION SYSTEM.  Any structure or equipment, mechanized or other, used to supply water for landscaping, vegetation, commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and reservoirs.

   JUNK YARD.  Any area, lot, land, parcel, building structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

   KENNEL, COMMERCIAL.  Any structure or premises on which dogs are kept for the business of boarding for a fee, for the business of breeding for sale or other profit-making purpose, and not solely for private enjoyment.

   KENNEL, PRIVATE.  Any structure or premises on which no more than four (4) dogs, over six months of age, are kept for private enjoyment and not for monetary gain.

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

   LIGHTING RELATED.

      (a)   CUTOFF. The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated at a specific angle above the ground.

      (b)   CUTOFF ANGLE.  The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted (see Figure 1 on next page).

Figure 1. Cutoff Angle

      (c)   CUTOFF TYPE LUMINAIRE.  A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than 90 degrees.

      (d)   FLASHING LIGHT. A light source which is not constant in intensity or color at all times while in use.

      (e)   FOOT CANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

      (f)   LIGHT SOURCE. A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum.

      (g)   LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

      (h)   OUTDOOR LIGHTING. Any light source or collection of light sources, located outside a building, including but not limited to, light sources attached to any part of a structure, located on the surface of the ground or located on freestanding poles.

      (i)   OUTDOOR LIGHT FIXTURE. Outdoor electrically powered illuminating devices;, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot, and flood lights for:

         1.   Buildings and structures.

         2.   Recreational areas.

         3.   Parking lot lighting.

         4.   Landscaping lighting.

         5.   Signs.

         6.   Street lighting.

         7.   Product display area lighting.

         8.   Building overhangs and open canopies.

      (j)   SECURITY LIGHTING. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property.

      (k)   SHIELDING. A technique or method of construction permanently covering the top and sides of a light source by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see Figure 2).

Figure 2 - Shielding

      (l)   SPILLAGE.  Any reflection, glare or other artificial light that emits onto any adjoining property or right-of-way and is above a defined maximum illumination.

   LIQUOR SALES, OFF-SALE. Licensed sale of intoxicating beverages for consumption off site.

   LIQUOR SALES, ON-SALE.  Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased.

   LOT.  A tract of land, designated by metes and bounds, registered land survey, or plat, and separated from other tracts of land by legal description approved by the City of Lino Lakes and recorded or to be recorded with Anoka County. Also referred to as a “parcel” or “property”.

   LOT AREA.  The total area within the lot lines of a lot measured in a horizontal plane.

   LOT, BASE.  Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or townhome subdivision.

   LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

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

   LOT, DOUBLE FRONTAGE.  A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot.

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

   LOT, INTERIOR.  A lot, other than corner lots, including through lots.

   LOT LINE.  A property boundary line of any lot held in single or separate ownership except that where any position 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.

   LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this chapter, the rear lot line of a triangular lot shall be a line entirely within the lot at least ten feet long and parallel to and most distance point from the front lot line. If the front lot line on such a lot is curved, the rear lot line shall be parallel to a line tangent to the front lot line.

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

   LOT OF RECORD.  Any lot which is one unit of a plat duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, that has been recorded with Anoka County, prior to the effective date of this chapter.

   LOT, THROUGH.  A lot fronting on two parallel streets.

   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 subdivisions of a two family dwelling or townhome having different minimum lot size requirements than the conventional base lots within the zoning district.

   LOT WIDTH.  The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul-de-sac, the lot width is measured along a line parallel to a tangent to the front lot line.

   MANUFACTURED HOME.  A manufactured home means 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 side, is 320 or more square feet. It is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under M.S. Chapter 327 including the Manufactured Home Building Code adopted therein.

   MANUFACTURED HOME SUBDIVISION. A subdivision designed and/or intended for the sale of lots for residential occupancy by manufactured homes.

   MANUFACTURED HOME LOT.  A plot of land for placement of a single manufactured home within a manufactured home park.

   MANUFACTURED HOME PARK.  Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any buildings or structures used or intended for use as part of the equipment of the manufactured home park.

   MANUFACTURING.  An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across lot lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products.

   MASS TRANSIT TERMINAL. The property, equipment and improvements owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people, including park-and-ride stations, transfer stations and parking lots.

   MICRODISTILLERIES. A distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under M.S. Chapter 340A.

   MOBILE HOME.  A single family detached dwelling unit or other structure designed for year-round occupancy constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. Mobile homes should not include all types of manufactured homes as defined herein.

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

   MOTOR FUEL STATION.  A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not automobile major repairs and rebuilding.

   MOTOR VEHICLE. A self-propelled device licensed as a motor vehicle and used for the transportation of people or goods over roads.

   MOTOR VEHICLE SALES LOT. The use of any building, land area, other premises or portion thereof, for the display, sale, or lease of automobiles, trucks, vans, trailers, or recreational vehicles.

   NON-CONFORMING STRUCTURE OR USE. A structure, use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

   NUISANCE. Anything defined as a nuisance by Title 900 of the City Code.

   NURSING HOME (REST HOME). A building having accommodations where care for pay is provided for two or more invalids, infirm, aged or convalescent persons who are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions.

   OFFICE BUSINESS-CLINIC. An establishment located within a building or portion of a building providing out-patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other uses of similar character.

   OFFICE BUSINESS-GENERAL. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations including attorneys, financial advisors, insurance, travel, real estate, and other uses of similar character.

   OFF-STREET LOADING SPACE.  A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials.

   ON-STREET PARKING SPACE. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

   OPEN AIR MARKET. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures.

   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

   OPEN SPACE, PRIVATE. Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

   OPEN SPACE, PUBLIC.  Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

   ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands as determined by the Minnesota Dept. of Natural Resources: 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.

   OUTDOOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building for a period greater than 24 hours.

   PARCEL. A tract of land, designated by metes and bounds, registered land survey, or plat, and separated from other tracts of land by legal description approved by the City of Lino Lakes and recorded or to be recorded with Anoka County. Also referred to as a “lot” or “property”.

   PARK, PRIVATE. A tract of land presently owned or controlled and used by private or semi-public persons, entities, groups, etc. for active and/or passive recreational purposes.

   PARK, PUBLIC.  A tract of land publicly owned and used by the public for active and/or passive recreational purposes.

   PARKING AREA. Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking spaces, parking lots, garages, private streets, and legally designated areas of public streets.

   PARKING LOT. An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.

   PARKING SPACE. A space for the parking of a motor vehicle within a public or private parking area.

   PARTY WALL. A common shared wall between two separate structures, buildings, or dwelling units.

   PASSENGER MOTOR VEHICLE. Any motor vehicle, including pickup trucks and vans, designed and used for carrying not more than 15 individuals including the driver.

   PATIO. A level, surfaced area directly adjacent to a principal building at or within three feet of the finished grade, without a permanent roof which is intended for outdoor lounging, dining and the like.

   PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

   PERSONAL SERVICE. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, tattooing, and body piercing.

   PLANNED UNIT DEVELOPMENT. An area to be planned and developed as a single entity containing one or more residential clusters or planned residential developments and/or one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of non-residential uses to residential uses as shall be specified.

   PLAY AND RECREATIONAL FACILITIES. Equipment customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities include swing sets, play sculptures, sand boxes, picnic tables, basketball standards, barbeque grills and the like.

   PRINCIPAL USE. The primary or predominant use of any lot and/or building.

   PROPERTY. A lot, parcel, or tract of land.

   PUBLIC, EDUCATIONAL, AND RELIGIOUS BUILDINGS. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues

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

   QUARTER-QUARTER SECTION. The northeast, northwest, southwest or southeast quarter of a quarter section delineated by the United States Government system of land survey and which is exactly or nearly 40 acres in size.

   QUASI-PUBLIC. Essentially public although under private ownership or control.

   RECREATION AREA. An outdoor area which may include water bodies and incidental buildings thereto used or intended for active or passive recreation, including, but not limited to, parks, playground, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities conducted primarily in structures are not recreation areas.

   RECREATIONAL BUSINESS. Arcade, health club, gymnasium, bowling alley, billiard (pool) hall, dance hall, dance studio, skating rink, theater, or indoor firearms range.

   RECREATIONAL VEHICLE. A vehicle designed and used for recreational purposes and enjoyment including, but not limited to, snowmobiles, motorized all-terrain vehicles, boats, race cars, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

   RELATIVE. Father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law.

   RESEARCH LABORATORIES.  A use engaged in research and development, testing, assembly, repair, and manufacturing. Examples include research labs in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use.

   RESIDENTIAL FACILITY, STATE LICENSED. Any program, defined by M.S. § 245A.02, subd. 14, that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a program in an intermediate care facility for four or more persons with developmental disabilities; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under M.S. Chapter 254B. Residential programs include home and community-based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home.

   RESTAURANT. An establishment that serves food in individual servings for consumption on or off premises, including sit-down restaurants, take out, pick up, or delivery food sales, but not including drive-through facilities. Outdoor dining areas and drive-through facilities may or may not be allowed in each zoning district as they are not automatically allowed when a restaurant is an allowable use.

   RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in the deed.

   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.

   RETAINING WALL. A wall not laterally supported at the top that resists lateral soil load and other imposed loads.

   RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY and not included within the dimensions or areas of the lots or parcels. RIGHT-OF-WAY intended for streets, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which the RIGHT-OF-WAY is established.

   ROADSIDE STANDS. A temporary use which is primarily engaged in the sale of fresh agricultural products, locally grown on- or off-site, but may include, incidental to fresh produce sale, the sale of limited prepackaged food products and non-food items.

   SANITARY LAND FILL. A site used for solid waste disposal.

   SCHOOL. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge.

   SCHOOL, PRIVATE. Any building or group of buildings the use of which meets state requirements for primary, secondary, or higher education and which use does not secure the major part of its funding of any governmental agency.

   SELF-STORAGE, INDOOR. A fully enclosed, climate-controlled building that contains separate, individual and private storage spaces of varying sizes, leased or rented on an individual basis for the storage of personal property. Individual renters’ control and access individual storage spaces and each unit must be directly accessed from the interior of the building via its own access door. Outdoor access to individual units is prohibited. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included. Such facilities to be used for storage only.

   SELF-STORAGE, MINI. An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for the storage of household goods or personal belongings.

   SERVICE BUSINESS OFF-SITE. A company that provides useful 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.

   SERVICE BUSINESS ON-SITE. An establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive-through facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops, and travel bureaus.

   SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, street, highway, lot line, or other facility.

   SETBACK LINE. That line that is the required minimum distance from the street right-of- way line or any other lot line that establishes the area within which the principal or accessory structure must be constructed or located.

   SHOPPING CENTER. A group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

   SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

   SIGN AREA. The entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure.

   SIGNIFICANT TREE. See definition of TREE.

   SPECIMEN TREE. See definition of TREE.

   SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening device; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

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

   SMALL BREWER. A brewer licensed under M.D. § 340A.301, Subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer.

   SOIL CONSERVATION PLAN. A description of the soils of the site and information on soil suitability. Also included shall be any remedial steps taken by the developer to render the soils suitable and any erosion and sedimentation controls indicating type and location of control measures. The plan should provide for the protection of soils during the construction process and/or the long-term occupancy of the site.

   SOLAR ENERGY SYSTEM. A device or structural design feature intended to provide for collection, storage and distribution of solar energy for heating or cooling, electricity generating or water heating.

   SOLAR ENERGY SYSTEM, BUILDING INTEGRATED. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building.

   SOLAR FARM. An area of land designated for the purpose of producing photovoltaic electricity, as a principal use of the land, for wholesale production or for a community solar production.

   SPORT COURT. An outdoor facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, hockey, or volleyball.

   STABLE, COMMERCIAL. The business of boarding horses for fee for persons not residing on the premises and may include instruction, exhibition and sale of horses. This shall include the raising and breeding of horses.

   STORAGE BUILDING. A one-story accessory building used or intended for the storage of hobby tools, garden equipment, workshop equipment, boats, snowmobiles, etc.

   STORAGE, OUTDOOR. See OUTDOOR STORAGE.

   STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered as a story.

   STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50% of the total perimeter, or more than eight feet below grade, as defined herein, at any point.

   STREET, COLLECTOR. A street which collects traffic from local streets and connects with minor and major arterials. See City's Functional Classification System for Roadways contained in the Comprehensive Plan.

   STREET, CUL-DE-SAC. A local street, one end of which is closed and consists of a circular turn around.

   STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic. See City's Functional Classification System for Roadways contained in the Comprehensive Plan.

   STREET, MINOR ARTERIAL. A street with signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets. See City's Functional Classification System for Roadways contained in the Comprehensive Plan.

   STREET, PRIVATE. Any street not dedicated to the public and to be maintained by a private entity.

   STREET, PUBLIC. A right-of-way affording access by pedestrians and vehicles, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private, ingress and egress easements shall not be considered streets.

   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.

    STRUCTURE ALTERATION. Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

   SUBSTANTIAL IMPROVEMENT. Any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds 50% of the fair market value of a property either before the improvement is started or if the property has been damaged and is being restored, before the damage occurred.

   SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above surface pool having a depth of more than 30 inches designed, used and maintained for swimming and bathing.

   TASTING ROOM. An area used for accessory alcoholic beverage retail consumption on the premises where the alcoholic beverages are produced.

   TEMPORARY STRUCTURE. A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

   TERRACE. A raised flat area with sloping sides or sides held by retaining walls, unroofed and landscaped or surfaced.

   TOOL SHED. A small one-story accessory building used or intended for the storage of hobby tools and garden equipment.

   TOPOGRAPHY. The configuration of a surface area showing relative elevations.

   TOWNHOUSE. A single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

   TRACT. An area, parcel, site, piece of land, or property.

   TRADE OR BUSINESS SCHOOL. A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.

   TRAILER. A vehicle without motive power, designed to be towed by a passenger motor vehicle but not designed for human occupancy and which includes but is not limited to a utility trailer, boat trailer, horse trailer, or snowmobile trailer.

   TRANSIENT MERCHANT. Any individual person whose business in the city is temporary or seasonal and consists of selling and delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the exhibition and sale of the merchandise.

   TREE. Any of the following type of trees, as each is defined herein:

      (a)   CONIFEROUS TREE. A woody plant which, at maturity, is at least 12 feet or more in height, having foliage on the outermost portion of the branches year round.

      (b)   DECIDUOUS TREE. A woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown, and which sheds leaves annually.

      (c)   SIGNIFICANT TREE. A healthy tree measuring a minimum of six inches in diameter at breast height (DBH) for deciduous trees, or a minimum of 12 feet in height for coniferous trees.

      (d)   SIGNIFICANT TREE STAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees six inches or larger DBH or coniferous trees 12 feet or higher in height.

      (e)   SPECIMEN TREE. A healthy hardwood tree measuring equal to or greater than 30 inches DBH and/or a coniferous tree measuring 50 feet or greater in height.

   TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect.

   TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The tree preservation plan shall include the size, species, tag numbers, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved.

   TRUCKING TERMINAL. Land or buildings used primarily as a relay station for the transfer of freight from one vehicle to another or one party to another rather than permanent or long term storage. The terminal facility might include storage areas for trucks and buildings for truck maintenance and repair.

   VARIANCE. A modification of the strict provisions of this chapter as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship imposed upon the property by this chapter. A variance shall normally be limited to height, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance.

   VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians.

   WAREHOUSE.  A building used for warehousing.

   WAREHOUSING AND DISTRIBUTION. The storage, wholesaling, or distribution of manufactured products, supplies, and equipment.

   WATERBODY OR WATERCOURSE. Any natural or man-made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers.

   WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

   WETLANDS. An area where water stands near, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:

      (a)   Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, “Wetlands of the U.S. 1956".)

      (b)   Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and mulch).

      (c)   Soil which is water logged or covered with water at least three months of the year.

      (d)   Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property, may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to preeminently terrestrial.

   WHOLESALE BUSINESSES/SHOWROOMS. An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

   WINERY.  A place that makes wine through the fermentation of grapes. This includes sparkling wine, vermouth, cider, mead, perry and sake.

   YARD. An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.

   YARD, FRONT. A yard extending across the full width of the lot and lying between the front lot line and the nearest principal building.

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

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

   ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

   ZONING ADMINISTRATOR.  The Community Development Director or as assigned, who is charged with the administration and enforcement of this chapter.

(Am. Ord. 13-23, passed 9-11-2023)