(A) Rules. Words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word BUILDING shall include the word STRUCTURE; the word LOT shall include the word PLOT; and the word SHALL is mandatory and the word MAY is permissive.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or portion of the main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. The building shall not exceed 10 feet by 12 feet and 10 feet to the peak.
ALLEY. A public thoroughfare less than 30 feet in width and providing secondary access to abutting property.
APARTMENT. A part of a building consisting of a room or suite of rooms, which is designed for, intended for or used as a residence for 1 family or an individual, and equipped with cooking facilities.
APARTMENT BUILDING. Three or more apartments grouped in 1 building.
AUTOMOBILE WRECKING. See JUNK or SALVAGE YARDS.
BILLBOARD. A structure upon which a sign is located which directs attention to a business, commodity, service or entertainment, which is located or provided elsewhere than, upon the premises where the structure is located.
BOARDING HOUSE. Any dwelling other than a hotel or motel where meals, or meals and lodging, are regularly provided for compensation to 5 or more persons, pursuant to previous arrangements and not to the public at large.
BUILDING. Any structure for the shelter, support or enclosure for persons, animals, chattel or property of any kind, and when separated by party walls without openings, each portion of the building so separated shall be deemed a separate building.
BUILDING HEIGHT. The vertical distance from the average of the highest and lowest point of that portion of a lot covered by a building to the highest point of the roof.
BUILDING SETBACK. The line of a building related to the property line.
COMMUNITY BUILDING. A building owned by a group of people having a common interest, usually owned by a non-profit organization. An example of a COMMUNITY BUILDING is a church.
CONDITIONAL USE. A land use or development as defined by this chapter that would not be appropriate generally, but may be allowed with appropriate restrictions and/or conditions upon a finding that:
(a) Certain conditions as detailed in this chapter exist;
(b) The use or development conforms to the comprehensive land use plan of the city; and
(c) Is compatible with the existing neighborhood.
CURB LEVEL. The curb level is the level of the established curb in front of the building measured at the center of the front.
DWELLING. Any building or part thereof, which is designed or used exclusively for residential, purposes by 1 or more human beings, permanently or transiently.
DWELLING, 1-FAMILY. A building designed for or occupied by 1 family.
DWELLING, 2-FAMILY. A building designed for or occupied by 2 families.
DWELLING, MULTIPLE. A building designed for more than 2 families.
FAMILY. One or more persons occupying a single housekeeping unit and using common cooking facilities provided that unless a majority of the members are related by blood or marriage, no like family shall contain over 5 persons.
FARMING. The cultivation of the soil and all activities incident thereto and/or breeding, raising and sheltering of livestock, and all activities incident thereto.
GARAGE, PRIVATE. A building designed and used for the storage of private passenger vehicles of the family or families resident in the principal building and in which no business, service or industry is conducted.
GARAGE, PUBLIC. Any structure except those described as a private garage used for the storage or care of power-driven vehicles, or where any vehicles are equipped for operation, repair or are kept for remuneration, hire or sale.
HOME OCCUPATION. An occupation carried on by an occupant of a dwelling as an accessory activity to the main residential use of the building, and meeting the following restrictions:
(a) Not more than 1 person shall be employed other than residents of the building;
(b) The occupation shall be conducted wholly within the dwelling or an accessory building;
(c) Floor area devoted to the occupation shall not exceed 25% of the total ground area occupied by the buildings on the lot;
(d) The occupation shall not be objectionable to adjacent residences due to noise, hours of operation, traffic, electrical interference and the like; and
(e) There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling.
JUNK or SALVAGE YARD. Land or building where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products and products from wrecking of automobiles and other vehicles.
KENNEL. Any lot or premises, on which 3 or more dogs, more than 4 months of age, are kept.
LOT. For zoning purposes, as covered by this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide yards and other open spaces as are herein required. The lot shall have frontage on an improved public street or an officially approved private street permanently reserved as the principal means of access to abutting property, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or
(d) A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT COVERAGE. The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Blue Earth County or of a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Blue Earth County.
LOT TYPES.
(a) A CORNER LOT is defined as a lot located at the intersection of 2 or more streets.
(b) A LOT ABUTTING ON A CURVED STREET OR STREETS shall be considered a CORNER LOT if straight lines drawn from the foremost points of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.
(c) An INTERIOR LOT is defined as a lot other than a corner lot with only 1 frontage on a street other than an alley.
(e) A THROUGH LOT is a defined as a lot other than a corner lot with frontage on more than 1 street other than an alley. THROUGH LOTS with frontage on 2 streets may be referred to as DOUBLE-FRONTAGE LOTS.
MOBILE HOME. A vehicle or residence on wheels, skids or rollers designed to be used for human habitation. Also termed a HOUSE TRAILER.
MOBILE HOME PARK. A parcel of land under single ownership or control, which has been planned and improved for the placement of 2 or more mobile homes.
NARROWEST WIDTH DIMENSION. The narrowest width of a dwelling. This width shall not be less than 22 feet and shall be applicable to 75% of the length of the dwelling.
NON-CONFORMING USE. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated.
PARKING SPACE. An area 9 feet by 19 feet with acceptable ingress and egress.
PUBLIC-OWNED BUILDING. A building owned by a political subdivision. Examples are buildings owned by the city or the school district.
SINGLE-FAMILY DWELLING. See DWELLING, 1-FAMILY.
STORY. That portion of a building included between the surface of a floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, on at least 2 opposite exterior walls, are not more than 2 feet above the floor of the story.
STREET. A public thoroughfare 30 feet or more in width, affording a primary means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.
USE. The purpose, for which land or premises or a building thereon is designated, arranged or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.
YARD. Any space which is open and unobstructed from the ground to the sky and which is located on the same lot with a building.
YARD, FRONT. An open, unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and front of the building projected to the sidelines of the lot.
YARD, REAR. An unoccupied open space, except for accessory buildings, on the same lot with a building, between the rear lines of the building and the rear line of the lot, for the full width of the lot.
YARD, SIDE. An open, unoccupied space on the same lot with a building, between the building and sideline of the lot, and extending from the front yard to the rear yard.
(C) Adult use definitions.
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.
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, audio tape, videotape or motion picture film if a building or portion of a building is not open to the public generally but only to 1 or more classes of the public extending any minor by reason of age or if a substantial or significant portion of the 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 a building or portion of a building excludes minors by virtue of age or if 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 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 the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
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 the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-HEALTH/SPORT CLUB. A health/sport club, which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
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.
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 the service is 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 50 persons used for presenting material if a building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the 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 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 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 motor picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any 1 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 50 or more persons used for presenting material is a building or portion of a building as a prevailing practice excludes minors by virtue of age or if the 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 business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
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 steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.
ADULT USES-ACCESSORY. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from movie rentals or magazine sales.
ADULT USES-PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola.
(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 context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(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 persons;
(f) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; and/or
(g) Human erection, urination, menstruation, vaginal or anal irrigation.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001)