11.02: DEFINITIONS:
Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of this chapter, shall have the meanings and inclusions subjoined to them:
ANS/TIA/EIA: American National Standard; Telecommunication Industry Association; Electronic Industrial Association.
ACCESSORY FACILITY OR STRUCTURE (Relating To Telecommunication Facilities): Any facility or structure serving or being used by or in conjunction with wireless telecommunication facilities or support structures, including but not limited to, utility or transmission equipment, storage sheds or cabinets.
ACCESSORY USE: A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
ADMINISTRATOR: The person appointed as Zoning Administrator by the City Council, as provided by this chapter.
ADULT ESTABLISHMENT:
   Adult Entertainment Employee: Any person who performs any service on the premises of a sexually-oriented business, on a fulltime, part-time or contract basis, whether or not the person is denominated an adult entertainment employee, independent contractor, agent or otherwise. Adult entertainment employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
   Adult Entertainment Facility: A building or space in which an admission is charged for the entrance, or food or non-alcoholic beverages are being sold or intended for consumption, and in which may be regularly observed live presentation of entertainment distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   Adult Use, Accessory: The offering of merchandise, whether for sale or rental or loan, characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" on a limited scale that are incidental to the primary activity and goods and/or services offered by the establishment. A business shall be classified as an accessory adult use if the merchandise for sale or rental occupies no more than ten percent (10%) of the floor area of the establishment in which it is located or one hundred (100) square feet, whichever is less, or comprises no more than twenty percent (20%) of the gross receipts of the entire business operation.
   Adult Use Establishment: Adult use establishments include, but are not limited to the following list of activities or businesses: adult body painting studios, adult book stores, adult cabarets, adult entertainment facilities, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health/sports clubs, adult sauna/steam room/bath houses/adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcades, adult modeling studios and other premises enterprises, establishments, businesses or places open to some of or all members of the public and membership clubs at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by State licensed registered persons. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not lawful and are not included in the definitions of adult uses.
   Adult Use, Principal: The offering of merchandise, services and/or entertainment (live or via various forms of visual, auditory or other sensory media) characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" as a primary or sole activity of a business or establishment or where the business advertises, otherwise distinguishes or characterizes itself with an emphasis on the offering of such merchandise, services and/or entertainment. Any adult use establishment which does not meet the definition of an accessory adult use shall be considered a principal adult use.
ADULT USES:
   Adult Use, Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas" or the application of paint or other substance by a patron to the body of another person.
   Adult Use, Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape or motion picture film, 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".
   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".
   Adult Use, Companionship/Conversation/Rap Establishment: A companionship, conversation, rap 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".
   Adult Use, Hotel Or Motel: 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".
   Adult Use, Massage Parlor, Health/Sport Club: A massage parlor, health club or sport club which restricts minors by reason of age, and which provides services distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   Adult Use, Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (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.
   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" which being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
   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 motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
   Adult Use, Motion Picture Theater: A building or portion of a building with a capacity of fifty (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 sexual activities" or "specified anatomical areas" for observation by patrons therein.
   Adult Use, Novelty Business: A building or portion of a building used for the barter, rental or sale of toys, instruments, devices, clothing or paraphernalia designed or used in connection with stimulation of human genitals or the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".
   Adult Use, Sauna/Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heated bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxation or reducing agent, if such building or portion of a building restricts minors by reason of age, or if the service provided by the sauna/steam room/bathhouse facilities is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   Distinguished Or Characterized By An Emphasis Upon: Means the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas", the films so described are those whose dominant or principal character and theme are the exhibition or description of "specified sexual activities" or "specified anatomical areas".
AGRICULTURAL, RURAL:
   A.   "Agricultural, Rural": An area in excess of ten (10) contiguous acres which is used for the production of farm crops, such as vegetables, fruit trees, grain and other crops, and their storage on the area, as well as for the raising thereon of farm poultry, domestic pets and domestic farm animals. The term "farming" includes the operating of such area for one or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the farming activity; and provided, further, that farming does not include commercial pen feeding (feedlots) or the commercial feeding of garbage to swine or other animals.
   B.   "Conditional Agricultural, Rural": An area five (5) to ten (10) contiguous acres which is used for the production of farm crops, such as vegetables, fruit trees, grain and other crops, and their storage on the area, as well as for raising thereon of farm poultry, domestic pets and domestic farm animals under a conditional use permit. The term "farming" is defined in this section.
AGRICULTURAL, URBAN: An area less than ten (10) contiguous acres, which is used for the purpose of growing produce, including crops, fruit trees, shrubs, plants and flowers, vegetables and the like, provided such produce is intended solely for the use of residents on the property or sale away from the property. It may include the raising of domestic pets. It shall not include a roadside stand for sale of products processing or packaging operations, or similar uses.
AIRPORT OR HELIPORT: Any land or structure, which is used or intended for use, for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.
ALLEY: A public right-of-way which affords secondary means of access to abutting property.
AMBIENT NOISE LEVEL: The background noise level prior to installing the wind energy conversion system.
ANIMALS:
   A.   Domestic pets: Fish, dogs, cats, birds and similar animals.
   B.   Domestic farm animals: Cattle, hogs, horses, bees, sheep, goats, chickens and other commonly known farm animals.
ANTENNA: Any structure, device or system of electrical conductors, that transmit or receive electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omni- directional antennas, such as whips.
APARTMENT: A room or suite of rooms with cooking facilities available, which is occupied as a residence by a single family, and including buildings with three (3) or more dwelling units.
AUTO OR MOTOR VEHICLE REDUCTION YARD: A lot or yard where one or more licensed motor vehicles, or the remains thereof, are kept for more than seven (7) days for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.
AUTOMOBILE REPAIR, MAJOR: The general repairable building or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service.
AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of seven thousand (7,000) pounds gross vehicle weight.
BASEMENT: A portion of a building located partly underground and having one-half (1/2) or less of its floor to ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST: An owner-occupied residence where, for compensation, lodging and certain meals are provided to overnight guests.
BEST MANAGEMENT PRACTICES (BMPs): Erosion and sediment control and water quality best management practices that are the most effective and practical means of controlling preventing and minimizing degradation of surface water including avoidance of impacts construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by State or designated area wide planning agencies. Best Management Practices referenced in this ordinance are from the Minnesota Storm Water Manual version 1.1, and as amended from time to time, published by the Minnesota Pollution Control Agency.
BLUFF: A topographic feature such as a hill, cliff or embankment, having all the following characteristics: a) part or all of the feature is in a shore land area; b) the slope rises at least twenty five feet (25') above the ordinary high water level of the water body; c) the grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and d) the slope drains toward the water body.
BLUFF IMPACT ZONE: A bluff and land located within thirty feet (30') from the top of the bluff.
BOARDING HOUSE: A building, other than a motel or hotel, where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons.
BUFFER STRIP: Land area used to visibly separate one use from another, or to shield or block structures, noise, lights or other potential nuisances.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When said structure is divided by party walls, without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from: a) the average elevation of the adjoining ground level; or b) the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM: 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. Building integrated systems include, but are not limited to, active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
CARPORT: An automobile shelter having one or more sides open.
CELLAR: That portion of a building having more than one-half (1/2) of the floor to ceiling height below the average grade of the adjoining ground.
CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available.
COLOCATION: The act of siting telecommunications facilities in the same location of the same support structure as other telecommunications facilities. "Colocation" also means locating telecommunications facilities on an existing structure (for example buildings, water tanks, towers, utility poles, etc.), without the need to construct a new support structure.
COLUMBARIUM (COLUMBARIA): An above-ground repository composed on niches designed for the purpose of interring the cremains of the deceased.
COLUMBARIUM INDIVIDUAL NICHE(S): An individual recess within a columbarium designated to contain the cremains of one deceased within a single cremation urn or container; or the cremains of two deceased within two cremation urns or containers.
COMMERCIAL FEEDLOT: An area where fifteen (15) or more animals per acre are fed solely for purpose of wholesale or retail sale.
COMMERCIAL KENNEL: Any premises where three (3) or more dogs, at any one time, over six (6) months of age, are owned, boarded, bred or offered for sale.
COMMERCIAL RECREATION: Bowling alley, cart track, jump center, golf, pool hall, vehicle racing for amusement, dance hall, skating, tavern, theater, firearms range and similar uses.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS): A wind energy conversion system with a total nameplate generating capacity no less than forty kilowatts (40 kW), but no greater than one hundred kilowatts (100 kW).
COMMISSION: The Planning Commission of the City.
COMMUNITY SOLAR GARDEN: A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with Minnesota Statutes 216B.1641 or successor statute. A community solar garden may be either an accessory or a principal use.
COMPREHENSIVE PLAN: Unless otherwise stated, the General Plan for land use, transportation and community facilities prepared and maintained by the Planning Commission.
CONDITIONAL USE: The occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modifications or regulations in such use districts for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the City, and therefore, may be permitted in such use district only by a conditional use permit.
CONDITIONAL USE PERMIT: A permit specially and individually granted by the City Council after review and recommendation by the commission for any conditional use so permitted in any use district.
CONSTRUCTION OFFICE: The principal place of business used by a company or individual engaged in building or road construction, including on site fabrication of components, on site storage and maintenance of equipment.
CONTROLLED INTERSECTION: An intersection with two (2) or more stop signs or traffic signals.
CURB LEVEL: The grade elevation established by the Governing Body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.
DAYCARE FACILITY: Any facility, public or private, which for gain regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home. Daycare facilities include, but are not limited to, family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, development achievement centers, day treatment centers, adult daycare centers and day services.
DECK: A horizontal, unenclosed platform with or without attached railing, seats, trellises or other features, attached or functionally related to a principal use or site.
DETENTION FACILITY: A permanent natural or manmade structure, including wetlands, for the temporary storage of runoff which contains a permanent or semipermanent pool of water.
DEWATERING: Removal of water for construction activities.
DWELLING: A building, or one or more portions thereof, occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes or boarding houses, nor trailers, tents, cabins or trailer coaches. A "dwelling" shall be interpreted to include lodging rooms.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE: A building having accommodations for and occupied exclusively by more than two (2) families.
DWELLING, TOWNHOUSE: A single-family building having one or more walls in common with another single-family building, oriented so as to have all exits directly to the out of doors.
ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FALL ZONE: The area, defined as the furthest distance from the wind energy conversion system base, in which the system will collapse in the event of a structural failure.
FAMILY: An individual, or two (2) or more persons each related by blood, marriage or adoption living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household.
FENCE: Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.
FINAL STABILIZATION: All soil disturbing activity is completed and exposed soils have been stabilized with a vegetative cover with a density of seventy percent [70%] over the entire site.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines, basements and attached accessory buildings, excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off- street parking or loading space.
FLOOR AREA RATIO: The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located.
FORESTRY: The management, including growing or harvesting of a forest, woodland or plantation, including the construction, alteration or maintenance of woods, roads and landings, and related research and educational activities.
FRONT YARD: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.
GARAGE, PRIVATE: A detached accessory building, or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of ten thousand (10,000) pounds gross vehicle weight.
GARAGE, PUBLIC: A building, or portion of a building, except any herein defined as "private garage", or as a "repair garage", used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GARAGE, REPAIR: A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.
GENERAL FLOOR PLANS: A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
GROUND MOUNTED SOLAR ENERGY SYSTEM: A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure. Garages, carports, or similar structures that incorporate building-integrated or building-mounted solar energy systems shall not be classified as ground-mounted solar energy systems and shall instead be subject to regulations governing accessory structures.
HEIGHT: The distance measured from ground level to the highest point on a tower or structure, including any antennas.
HOBBY: An activity or interest pursued outside of one's regular work primarily for pleasure.
HOME OCCUPATION: The accessory use of a home for a business or commercial enterprise, engaged in by the person residing in that unit. The use must be incidental and secondary to the principal residential use of the dwelling unit and must not change the residential character of the dwelling unit or adversely affect the character of the surrounding neighborhood. "Home occupation" does not refer to a hobby.
HOTEL: A building having provision for nine (9) or more guests in which lodging is provided, with or without meals, for compensation, and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
HOUSE/BUILDING NUMBERS: A set of numbers or letters with a minimum height of four inches (4") that are visible from across the street or avenue that specifies the street address of the house or building.
HUB HEIGHT: When referring to a wind turbine, the distance measured from ground level to the center of the turbine hub of a wind energy conversion system.
HYDRIC OR HYDROPHILIC SOILS: Soils which have an affinity for water or swell and are not easily coagulated, such as colloids.
HYDROPHYTIC VEGETATION: Vegetation which has an affinity to thrive under saturated or nearly saturated conditions.
INTERIM USE: A temporary use of property to which reasonable conditions may be attached and which will expire on a certain date or after a certain event, or until zoning regulations no longer permit it.
INTERIM USE PERMIT: A permit specially and individually granted by the City Council after review and recommendation by the commission for any interim use so permitted in any use district.
INTENSIVE VEGETATION CLEARING: The substantial removal of more than twenty five percent (25%) of trees or shrubs in a contiguous patch, strip, row, or block within one hundred feet (100') of the ordinary high-water mark of the Mississippi River.
JUNKYARD: An area where used, wasted, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with permitted manufacturing process when within an enclosed area or building shall not be included. Such use shall not include organic waste or material.
LAND DISTURBING ACTIVITY: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City of Little Falls' jurisdiction including construction, clearing, grubbing, grading, excavating, transporting and filling of land.
LANDINGS: A flat area of a stairway, and does not include boat landings.
LANDSCAPING: Plantings, such as trees, grass and shrubs.
LIFTS: A mechanical conveyance for access up and down a slope, and does not mean boat lift.
LOT: A parcel of land occupied or used or intended for occupancy or used by a use permitted in this chapter, abutting on a public street, and of sufficient size to provide the yards required by this chapter.
LOT AREA: The area of lot in a horizontal plane bounded by the lot lines.
LOT CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of- way shall be the lot line for applying this chapter.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in case of a corner lot, it shall be the shortest dimension on a public street, except that a corner lot in a nonresidential area shall be deemed to have frontage on both streets. A lot line abutting a controlled access highway from which there is not direct access to the lot shall not be deemed a front lot line for the purposes of building or structure setback requirements.
LOT LINE, REAR: The boundary of a lot which is opposite the front lot line. In the case of a corner lot or other lot with more than one front lot line, the rear lot line shall be opposite the front lot line of the shortest dimension, or as otherwise determined by the Zoning Administrator after considering the layout of the lot in relation to surrounding lots. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: A parcel of real property in separate ownership as shown by the real estate records of the Morrison County Recorder as of January 1, 1981.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this chapter.
LOT WIDTH: The horizontal distance between the side lot lines of a lot measured parallel to the front lines of the lot at the front building setback line.
MANUFACTURED HOME: A manufactured home used for living purposes that is transportable in one or more sections, and is less than twenty four feet (24') in width, with or without a permanent foundation.
MANUFACTURED HOME PARK (TRAILER PARK): Any premises on which are parked two (2) or more occupied manufactured homes, or any premises used or held out for the purpose of supplying to the public a parking space for two (2) or more such trailers; does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for purposes of inspection or sale.
MANUFACTURING, HEAVY: All manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to, the following: sawmill, papermills, boat manufacturing, refineries, commercial feedlots, acid, cement, explosives, flour, feed and grain milling or storage, meat packing, slaughterhouses, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster of paris, tanneries, automobile parts, paper and paper products, glass, chemicals, crude oil and petroleum products, including storage, electric power generation facilities, vinegar works, junkyard, auto reduction yard, foundry, machine shop, forge, casting of metal products, rock, stone and cement products, and including all uses permitted in the I-1 Industrial District.
MANUFACTURING, LIGHT: All uses which include the compounding, processing, packaging, treatment or assembly of products and materials, provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Such uses include, but are not limited to, the following: lumberyards, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair, bodywork and painting, contractors' shops and storage yard, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.
METEOROLOGICAL TOWER (MET): A tower and associated equipment used primarily to measure wind speed and directions, plus other pertinent data relevant to siting a wind energy conversion system.
MISSISSIPPI HEADWATERS CORRIDOR OVERLAY DISTRICT: Any property annexed to the City which, prior to the annexation, was subject to the Morrison County Mississippi headwaters ordinance.
MOTOR COURT, MOTEL HOTEL OR MOTEL: A building or group of buildings, other than a hotel, used primarily as a temporary residence of a motorist.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is transferred and stored for movement in intrastate or interstate shipment by motor truck.
MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sales of petroleum products, sales and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair.
MOTOR FUEL STATION CONVENIENCE STORE: A store operated in conjunction with a major motor fuel station or truck stop for the purpose of offering for sale goods not essential to the motoring public.
MPCA: Minnesota Pollution Control Agency.
NONCOMMERCIAL WIND ENERGY CONVERSION SYSTEM (NCWECS): A wind energy conversion system no greater than forty kilowatts (40 kW) in total nameplate generating capacity.
NONCONFORMING STRUCTURE: Any structure which is existing upon the effective date hereof, which would not conform to the applicable zoning laws and restrictions if the structure were to be erected under the provisions of this chapter.
NONCONFORMING USE: The use of land, buildings or structures legally existing at the time of adoption of this chapter, which does not comply with all the regulations of this chapter, or any amendments hereto, governing the zoning district(s) in which such use is located.
NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic wellbeing of individuals.
NPDES: National Pollutant Discharge Elimination System.
NUDE OR NUDITY OR STATE OF NUDITY: Means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the areola.
NURSERY, DAY: A use where care is provided for pay for three (3) or more children under kindergarten age for periods of four (4) hours or more per day.
NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants and shrubs, and which may be conducted within a building or without.
NURSING HOME: A private home for the care of children or the aged or infirm, or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or infirmities.
OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease or trade, where such goods are not enclosed within a building.
OPEN STORAGE: Storage of any material outside of a building.
OPEN USE: The use of a lot without a building, or including a building incidental to the open use with a ground floor area equal to five percent (5%) or less of the area of the lot.
ORDINARY HIGH-WATER LEVEL/MARK: The highest level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high-water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.
OUTDOOR BOILERS: A freestanding combustion unit located outside the home or structure to be heated that consists of a firebox surrounded by a reservoir.
PARKING SPACE: A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building of sufficient size to store one standard automobile.
PARTY WALL: A wall which divides two (2) independent structures.
PERFORMANCE STANDARD: The criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards; or glare or heat generated by or inherent in uses of land or buildings.
PERMANENT COVER: Final stabilization.
PERMITTED USE: A public or private use which, of itself, conforms with the purposes and objectives of a particular district which conforms with all requirements, regulations and performance standards (if any) of such districts.
PLANNED DEVELOPMENT: An urban development having two (2) or more principal uses or structures on a single lot and developed according to an approved plan.
PORTABLE STORAGE UNIT: A storage unit designed, constructed or reconstructed so as to be capable of movement via towing, hauling or attachment to a vehicle from one site to another and designed to be used without a permanent foundation. Portable storage units shall include semi-trailers and similar units which have been modified to make them unable to be readily transported from one location to another. Storage buildings constructed on skids, properly licensed fish houses and other similar structures designed for common use as residential storage structures shall not be considered portable storage units for the purposes of this title.
PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional.
PROPERTY LINE: The surveyed and legal boundaries of a parcel of property, which may also coincide with a right-of-way of a road, cartway and the like.
PUBLIC HEARING: A meeting where data on a particular topic is heard, and said time, date, location of meeting and topic has been advertised in the official newspaper of the City prior to hearing.
PUBLIC LAND: Land owned or operated by Municipal, school district, County, State or other governmental units.
PUBLICATION: Notice placed in the official City newspaper stating time, location and date of meeting and a description of the topic.
REAR YARD: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
RECREATION EQUIPMENT (In Residential Districts): Play apparatus, such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and recreational vehicles not exceeding twenty six feet (26') in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools, playhouses exceeding twenty five (25) square feet of floor area, or sheds utilized for storage of equipment.
RECREATIONAL VEHICLE: Any type of structure or vehicle which can be readily adapted to or does provide facilities for a person to eat or sleep, which is mounted on wheels or has provisions for wheels, such as a motor home, travel trailer, camper or converted vehicle.
RESIDENTIAL FACILITY: Any facility, public or private, which for gain regularly provides one or more persons with a twenty four (24) hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. "Residential facilities" include, but are not limited to, State institutions under the control of the Commissioner of Human Services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults or schools for handicapped children.
RETAIL SHOPPING: Stores and shops selling the personal services or goods over a counter. These include antiques, art and school supplies, auto accessories, bakeries, barbershops, beauty shops, bicycles, books and stationery, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotel and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pickup, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant (when no entertainment or dancing is provided), shoes, sporting goods, tailoring, theater (except open air drive-in), tobacco, toys, variety stores, wearing apparel and similar type uses.
RETENTION FACILITY: A permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent or semi-permanent pool of water.
ROOF MOUNTED SOLAR ENERGY SYSTEM: A solar energy system affixed to a principal or accessory building.
ROTOR DIAMETER: The diameter of the circle described by the moving rotor blades of the wind energy conversion system.
SEDIMENT CONTROL: Methods employed to prevent sediment from leaving the site.
SEMI-NUDE: Means a state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple of the female breast, as well as portion of the body covered by supporting straps or devices.
SETBACK: The minimum horizontal distance between a building and street or property line. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground point.
SETBACK PUMP: The distance from the street right-of-way line to the centerline of the motor fuel station pump island measured as perpendicular distance from the right-of-way.
SHELTER, FALLOUT OR BLAST: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies.
SIDE YARD: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
SIGN: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is displayed or placed out of doors in view of the general public and shall include every detached sign.
SIGN ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which the sign is located.
SIGN, FLASHING: An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use.
SIGN, GROSS AREA OF: The area within the frame shall be used to calculate the gross area, except that the width of the frame in excess of twelve inches (12") shall be added thereto. When letters or graphics are mounted without a frame, the gross area shall be the area bounded by straight lines six inches (6") beyond the periphery of said letters or graphics. Each surface utilized to display a message or to attract attention shall be measured as a separate sign. However, only one side of double faced signs shall be measured in computing the gross area thereof.
SIGN ILLUMINATED: Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes.
SIGN, NAMEPLATE: Any sign which states the name or address or both, of the business or occupation of the lot where the sign is placed, or may be a directory listing the names, address and business of occupants.
SIGNIFICANT CULTURAL SITE: Any archaeological or historic site, standing structure or any other property that: a) is listed on the National Register of Historic Places; b) is listed in the State Register of Historic Sites; c) is determined to meet the qualifications for listing on the National Register of Historic Places or the State Register of Historic Sites after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society; or d) is determined by the City Council to be a significant local heritage preservation landmark.
SMALL WIRELESS FACILITY: The meaning given in Minnesota Statutes, section 237.162, subdivision 11, as amended from time to time.
SOLAR COLLECTOR SURFACE: Any part of a solar energy system that absorbs solar energy for use in the system’s transformation process. The collector surface does not include frames, supports, and mounting hardware.
SOLAR ENERGY: Radiant energy received from the sun can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature intended to provide for the collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating.
SOLAR FARM: Ground-mounted solar energy systems occupying more than thirty (30) percent of the floor area of the principal building or five (5) percent of the lot area, whichever is less, with the primary purpose of producing electricity for wholesale occupying not meeting the definition of a community solar garden under this Code.
SPECIFIED ANATOMICAL AREAS:
   A.   Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast 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.
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 text 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 person; 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.
STAIRWAYS: Any structure providing access up or down a slope.
STEEP SLOPE: Land where agricultural activity or development is not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports. Where specific information is not available, "steep slopes" are lands having average slopes over twelve percent (12%) or more, and that are not bluffs.
STORM WATER: Defined under Minnesota Rules 7077.0105, subparagraph 41[b], and includes precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage.
STORMWATER MANAGEMENT PLAN: The plan that a designer formulates to manage urban stormwater runoff for a particular project or drainage area. It typically addresses such subjects as characterization of the site development grading plan; peak rates of runoff, flow duration, runoff volumes for various return frequencies; locations, criteria and sizes of detention or retention ponds and conveyances; runoff control features; land parcels, easement locations, opinions of probable costs, measures to enhance runoff quality, salient regulations, and how the plan addresses them, and consistency with secondary objectives such as public recreation, aesthetics, public safety, and groundwater recharge. It is usually submitted to regulatory officials for their review for adoption.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story.
STREET: A public right-of-way not less than fifty feet (50') in width which affords a primary means of access of abutting property, and shall also include avenue, highway or road, excepting existing public rights-of-way of lesser width.
STREET SIDE GROUND FLOOR DWELLING UNITS: A dwelling unit contained within a larger building structure which is designed or used for purposes of permanent or temporary residency and located within the Central Business District B-1 whereby any part of the exterior wall of the dwelling unit is adjacent to any street, avenue or alley.
STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground. This shall include signs whose highest point is more than seven feet (7') above the adjacent ground surface.
SURFACE WATER OR WATERS: All streams, lakes, rivers, ponds, marshes, wetlands, reservoirs, springs, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial public or private.
TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of telecommunications located or installed on or adjacent to a tower or antenna support structure. The term does not include: a) a satellite earth station antenna two meters (2 m) in diameter or less located in an Industrial or Commercial District; b) a satellite earth station antenna one meter (1 m) or less in diameter, wherever located; and c) a tower.
TOTAL HEIGHT: When referring to a wind turbine, the distance measured from ground level to the blade extended at its highest point.
TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof, that is designed and constructed primarily for the purpose of supporting one or more antennas, electrical generator, rotor blades or meteorological equipment, including guy towers, monopole towers and self-supporting lattice towers, including any support thereto.
TOWER ACCESSORY STRUCTURE: A structure located at the base of a tower for housing base on transmitting equipment.
TOWER HEIGHT: The total height of a wind energy conversion system exclusive of the rotor blades.
TRUCK STOP: A motor fuel station devoted principally to the needs of tractor trailer units and trucks, and which shall include eating and/or sleeping facilities.
USE: The purpose of activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity or defined by the performance standards of this chapter.
VEGETATIVE BUFFER: A strip of well rooted, natural, chemically untreated vegetation, the width of which is set forth in this chapter, consisting of a mixture of grasses, shrubs and trees, immediately adjacent to the ordinary high-water level.
VETERINARY: Those uses concerned with the diagnosis, treatment and care of animals, including animal or pet hospitals.
WAREHOUSING: The storage of materials or equipment within an enclosed building as a principal use.
WETLANDS: Lands in transition between terrestrial and aquatic systems where the water table is at or near the surface or the land is covered by shallow water. "Wetlands" are characterized by hydric soils, saturated or inundated with surface water, have a frequency or duration of hydrophytic vegetation or support a prevalence of such vegetation under normal circumstances. Wetlands may be counted toward green space in a planned unit development.
WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
WIND ENERGY CONVERSION SYSTEM (WECS): Any device or facility, such as a wind charger, windmill or wind turbine, consisting of one or more wind turbines under common ownership or operating control, and may include power lines, transformers, substations, meteorological towers, cables/wires and other buildings accessory to such facility, whose main purpose is to convert wind energy into electrical energy to supply electricity to an off-site customer or on site to an individual system owner/property owner.
WIND TURBINE: Any piece of electrical generating equipment which captures and converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base and pad transformers, if any, and other related equipment.
WIRELESS COMMUNICATIONS: Any "personal wireless services", as defined by the Federal Communication Act of 1996, including FCC licensed commercial wireless telecommunications services, such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communications (GSM), paging and similar services that currently exist or may be developed.
WIRELESS FACILITIES: The meaning given in Minnesota Statutes 237.162, subdivision 13, as amended from time to time.
WIRELESS SUPPORT STRUCTURE: The meaning given in Minnesota Statutes 237.162, subdivision 16, as amended from time to time.
YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
ZONING DISTRICT: An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use are uniform. (Ord. 96, 6th Series, eff. 9-5-2017; amd. Ord. 2, 7th Series, eff. 11-6-2017; Ord. 4, 7th Series, eff. 12-18-2017; Ord. 5, 7th Series, eff. 1-2-2018; Ord. 71, 6th Series, eff. 2-2-2015; Ord. 31, 7th Series, eff. 5-9-2022; Ord 32, 7th Series, eff. 8-22-2022; Ord. 34, 7th Series, eff. 8-22-2022)