§ 153.012 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY. A use, activity, structure, or part of a structure that is subordinate and incidental to the main activity or structure on the site.

   ACCESSORY BUILDING - MAJOR. A building which is accessory to a principal structure and is required to be constructed with a building permit per Minn. Rule 1300.0120.

   ACCESSORY BUILDING - MINOR. A building which is accessory to a principal structure and exempt from a building permit per Minn. Rule 1300.0120.

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

      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; 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 context of a sexual relationship, or the use of excretory functions in the context of sexual relationship, and any of the following sexually-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 such persons.

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

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

   ADULT USE/ACCESSORY. The offering of goods and/or services 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 adult magazines, adult movies, adult novelties, and the like.

   ADULT USE/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:

      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 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 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."

      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."

      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."

      ADULT USE HOTEL/MOTEL. Adult hotel/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 such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

      ADULT USE MINI-MOTION PICTURE THEATRE. 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.

      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.

      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 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 THEATRE. 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 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 designed for sexual stimulation.

      ADULT 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."

      ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or 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. A structure on agricultural zoned land designed, constructed, and used to house farm implements or agricultural produce or products used by the owner, lessee, or sub-lessee or their immediate families, their employees, and persons engaged in the pick up or delivery of agricultural produce or products grown or raised on the premises. The term "agricultural building" shall not include dwellings.

   AGRICULTURAL SALES. The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and home-made handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business.

   AGRICULTURE. Those commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening and livestock raising and feeding, but not including fur farms, commercial animal feed lots, and kennels.

   ALLEY. A public right-of-way less than 30 feet in width which affords secondary access to abutting property.

   ANIMAL KENNEL/BOARDING (COMMERCIAL). A facility or service where dogs, cats and/or other small household pets as permitted by city code are kept or maintained (day or overnight), for the care, training, exercising and/or socializing by a person other than the owner of the animals for a fee. Animal boarding may include incidental grooming, dog walkers or training services. Animal boarding does not include facilities that provide breeding of animals, selling of animals, or facilities whose primary source of revenue is licensed veterinarian services.

   ANTENNA, COMMERCIAL TRANSMISSION AND RECEPTION. Shall mean commercial and industrial communications equipment accessory to business operations of one meter in width or greater, but not personal wireless telecommunications service equipment.

   ANTENNA, PRIVATE AMATEUR RADIO. Shall mean equipment, including antennae, antennae support structures, and other related material, necessary to conduct Ham and Short Wave Radio reception and transmissions, only for use by those persons properly licensed by the Federal Communications Commission for such reception and transmissions, and who are in full compliance with all licensing requirements.

   ANTENNA, PRIVATE RECEIVING. Television and other electronic reception antennae for private use.

   ANTENNA, TELECOMMUNICATION. A device used for the transmission and/or reception of wireless communications, usually arranged on an antenna support structure or building, and consisting of a wire, a set of wires, or electromagnetically reflective or conductive rods, elements, arrays, or surfaces, inclusive of the following: private amateur radio antenna(s), private receiving antenna(s), commercial transmission and reception antenna(s), and wireless telecommunications service antenna(s).

   ANTENNA, WIRELESS TELECOMMUNICATIONS SERVICE. Shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless "cellular" telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications.

   ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod, or other structure which supports an antenna. Such structure may be freestanding or attached to a building or other device that conforms to this chapter.

   APARTMENT. A room or suite of rooms which is designed for, intended for, or occupied as a residence by a single-family or an individual and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. An apartment is offered only as a rented or leased residence, as distinguished from condominiums and townhouses, which allow for separate ownership.

   APPURTENANCES. The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, bay windows, roof overhangs, awnings, solar energy systems and similar features.

   ARTIFICIAL OBSTRUCTION. Means any obstruction which is not a natural obstruction (see Obstruction).

   AS-BUILT PLANS. Record drawings of as-constructed improvements.

   ASSISTED LIVING FACILITY. A multiple-family structure that includes a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of people who need help with activities of daily living, but where the emphasis of the facility remains residential. Residents of assisted living facilities do not require hospitalization or skilled or intermediate nursing care associated with nursing home facilities, but do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration.

   ATTENTION GETTING DEVICE. Any device whose primary purpose is to attract public attention to a use of land (but which is not a building or the use of land itself), whether two or three dimensional, and whether through graphics, light, movement, shapes or other method. Such device may be either permanent or temporary, and would be regulated as a sign under the appropriate sections of this chapter.

   AUCTION HOUSE. A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder.

   AUTOMATED TELLER MACHINE (ATM). A facility to provide banking and other electronic services that is operated by the customer.

   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. This business performs structural and cosmetic repairs to autos, light trucks, and equipment of 9,000 pounds GVW and less. Allowed: Body repair and painting, frame and/or unibody straightening and repair, glass replacement, sandblasting and/or steam cleaning, undercoating or rust proofing, upholstery work, washing, cleaning, and polishing.

   AUTOMOBILE REPAIR - MINOR. A business that performs mechanical and electrical repairs to autos, light trucks, and equipment 9,000 pounds GVW and less. Allowed activities include minor repairs, incidental body and fender work, minor painting and upholstering, tune ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or components when installation is available, wheel alignment and balancing, tire repair, radiator repair, washing, cleaning, and polishing, but specifically excluding any operation specified or implied under the definition of "Automobile Repair - Major."

   AUTOMOTIVE WASH FACILITY. An area or structure equipped with automatic or self-service facilities for primarily washing automobiles.

   BANNERS AND PENNANTS. Attention-getting devices which resemble flags and are of a paper, cloth, or plastic-like consistency.

   BASEMENT. Means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

   BED AND BREAKFAST. A private residence, generally a single-family residence, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to breakfast for guests only.

   BERM. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.

   BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including, but not limited to, avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, or prohibitions or other management practices published by state or designated areawide planning agencies.

   BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff):

      (1)   Part or all of the feature is located in a shoreland area;

      (2)   The slope rises at least 25 feet above the ordinary high water level of the waterbody;

      (3)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

      (4)   The slope must drain toward the waterbody.

   BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

   BOARDER. A person who regularly receives lodging with or without meals at another's home for pay or services.

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

   BODY ART. Establishments that engage in providing "body art" or "body art procedures" including physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.

   BREW PUB. A restaurant-brewery that sells 85% or more of its beer on-site. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. Brewpubs may also sell beer for off-sale consumption in growler containers.

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

   BUILDING. A structure with a roof, intended for shelter, housing, business, or enclosure.

   BUILDING, FRONT FACADE. A building elevation which fronts on a public street, public parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available.

   BUILDING HEIGHT. See § 153.010(B)(5).

   BUILDING LINE. See § 153.010(B)(3).

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

   BULK FUEL SALES AND STORAGE. The commercial storage of gasses and fuels in above ground containers.

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

   BUSINESS DAY. A day on which City Hall is open.

   BUSINESS SUPPORT SERVICES. Establishments that engage primarily in rendering services to businesses including but not limited to copy shops, printing services, package and postal services, photo processing, janitorial services, and similar operations.

   CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper inches of a tree shall be determined by measuring the tree's diameter four feet, six inches from the ground.

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

   CANOPY TREE. A tree that has an expected height at maturity of 30 feet or more.

   CELLAR. See BASEMENT.

   CEMETERY. Land used or intended to be used for burying the remains of human dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of the cemetery.

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

   CHARITABLE, FRATERNAL, OR SOCIAL CLUB/LODGE. See PLACE OF PUBLIC ASSEMBLY.

   CHURCH. See PLACE OF PUBLIC ASSEMBLY.

   CITY ENGINEER. A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. The City Engineer is part of the Community Development Department.

   CIVIC INTEREST GROUP. A civic interest group is a non-governmental organization which has a public or quasi-public service purpose as its central function, but may include additional uses and activities related to its public function or provided to its membership. A civic interest group may or may not have a specific site location or building which it occupies whether owned or leased. Examples of such groups may include religious institutions, local or national service clubs and organizations, private museums, historical facilities or similar entities.

   CLEARING. Any activity that removes the vegetative surface cover.

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

   CLINIC/MEDICAL SERVICES. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.

   COCKTAIL ROOM. A room that is ancillary to the production of liquor at a production distillery where the public can purchase and/or consume only the liquor produced on site.

   COMBINATION USE. The combination of two principal uses.

   COMMERCIAL LODGING. A building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupation by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit.

   COMMERCIAL OFFICES. A commercial use involving predominantly administrative, clerical, or professional operations. Commercial offices may include professional and administrative training, but shall not include direct retail commercial transaction activities. Professional training may include classes and training offered by professional or administrative entities to consumers of professional services.

   COMMERCIAL SELF-STORAGE. A land use characterized by a variety of sized spaces available to the general public for rent on short-term periods, and for which size of individual spaces are less than 1,000 square feet in area. Commercial self-storage facilities are limited to storage use only, with no separate business activities permitted as part of the use.

   COMMUNICATION ANTENNAS AND ANTENNA SUPPORT STRUCTURES. See ANTENNA, TELECOMMUNICATION.

   COMMUNICATIONS/BROADCASTING. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Antennas, antenna support structures and satellite dishes are included in this definition. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.

   COMMUNITY DEVELOPMENT DEPARTMENT. Those departments assigned by the City Administrator to oversee the various aspects of development within the city. Such departments may include but are not limited to planning, building safety, code enforcement, and engineering.

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

   CONDITIONAL USE. A permitted use that, because of special requirements or characteristics, may only be allowed in a particular zoning district after review by the city and granting of conditional use permit which imposes conditions deemed necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses that cannot be adequately controlled through conditions shall be prohibited. Approved conditional uses and their conditions run with the land and are not specific to property owners.

   CONDOMINIUM. A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Residential condominium dwelling units are subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.29, as they may be amended from time to time.

   CONSERVATION EASEMENT. A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another.

   CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating.

   CONSTRUCTION TRAILER. Trailers used as temporary offices to meet a short-term need while the permanent facilities are being expanded. A temporary use permit is required for such office trailers.

   CONTRACTOR. The party who signs the permit, application, construction contract, or development agreement with the city to construct a project. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this chapter.

   CONVENIENCE RETAIL. A retail store not more than 4,000 square feet in area that generally carries a reduced inventory of a variety of items such as dairy products, minor automobile related items, groceries, novelties, magazines, etc. A convenience store may be combined with vehicle fuel sales where permitted.

   COOPERATIVE (HOUSING). A multiple-family attached dwelling owned and maintained by the residents. 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.

   COUNTRY CLUB. A membership club or business organized and operated primarily to provide recreational activities such as golf, swimming, tennis, and other outdoor recreation to its members and their guests which includes facilities such as a club house, banquet areas, locker rooms, and pro shop.

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

   CREMATORY. A facility containing furnaces for the reduction of dead bodies to ashes by fire.

   DAY CARE - HOME. See definitions for GROUP RESIDENTIAL FACILITY.

   DAY CARE CENTER. A service provided to the public in which children of school or preschool age are cared for during established business hours, and which does not qualify as a group residential facility.

   DECIDUOUS TREE. A tree that generally loses all of its leaves for part of the year.

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

   DENSITY, BASE. The number of dwelling units allowed per net acre of land.

   DENSITY, MAXIMUM. The number of dwelling units potentially allowed per net acre of land if certain conditions are met through either performance standards or the planned unit development process.

   DEPARTMENT STORE. See RETAIL COMMERCIAL USES (OTHER).

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

   DEWATERING. The removal of water for construction activity such as the removal of temporary sediment basin water or appropriated surface or groundwater to dry and/or solidify a construction site.

   DISTRICT. An area delineated on the official zoning map that sets forth standards and guidelines for all development within the prescribed zoning district.

   DONATION DROP-OFF CONTAINER. A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items.

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

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

   DRIPLINE. A vertical line that extends from the outermost branches of a tree's canopy to the ground around the circumference of the tree.

   DRIVE-THROUGH SERVICE. A building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.

   DUMPSTER. A container that has a hooking mechanism that permits it to be raised and dumped into a sanitation truck or be hauled away for emptying.

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

   DWELLING, ATTACHED. A structure intended for occupancy by more than one family, including duplexes, townhomes, multi-family dwellings, apartments, and condominiums. Accessory dwelling units as defined and permitted by this chapter are incidental to a principal dwelling unit and are not considered to be attached dwellings.

   DWELLING, DUPLEX OR TWO-FAMILY. Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot that is used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or occupied for living purposes.

   DWELLING, SINGLE-FAMILY DETACHED. Any building that contains one dwelling unit used, intended, or designed to be guilt, used, rented, leased, let or hired out to be occupied, or occupied for living purposes by one family.

   DWELLING, MULTIPLE-FAMILY. A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other but sharing hallways and main entrances and exits.

   DWELLING UNIT. An area within a structure designed and constructed to be occupied by one family which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not include hotels, motels, correctional facilities, nursing/convalescent home, rehabilitation centers, or other structures designed for transient residence. In group residential facilities, multi-family, each separate bedroom, combined with all common areas up to 520 square feet of gross building floor area shall be considered one potential dwelling unit for purposes of calculating dwelling unit density on a multi-family parcel.

   EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking (kitchenette).

   ELECTRIC VEHICLE (EV) CHARGING STATION FACILITY: ELECTRIC VEHICLE (EV) CHARGING STATION FACILITY. An EV CHARGING STATION (or "charger") is a facility designed and constructed to supply electricity for the purpose of charging one electric motor vehicle, together with the transformers, batteries, inverters, connections, cables, and other equipment necessary to supply such electricity. For the purposes of this chapter, a facility that can serve more than one vehicle at a time shall be deemed to consist of multiple charging stations.

   ENTERTAINMENT, INDOOR COMMERCIAL. An establishment providing completely enclosed recreation or entertainment activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Examples of indoor commercial entertainment businesses include bowling alleys, roller and ice-skating rinks, billiards halls, swimming pools, motion picture theaters, and similar amusements. Indoor commercial entertainment uses do not include event centers or adult uses.

   ENTERTAINMENT, OUTDOOR COMMERCIAL. An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, golf driving ranges, sand volleyball courts, go-carts, and miniature golf courses. Outdoor commercial entertainment uses do not include projectile weapon ranges (archery or shooting), sports stadiums or drive-in movie theaters.

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

   EROSION. The wearing away of the ground surface as a result of the movement of wind, water, ice and/or land disturbance activities.

   EROSION CONTROL. A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing.

   EROSION CONTROL INSPECTOR. A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices.

   EROSION PREVENTION. Measures employed to prevent erosion. Examples include, but are not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing.

   ESSENTIAL SERVICES. Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. Essential services do not include buildings or uses that include human occupancy or activity beyond occasional service or maintenance.

   EVENT CENTER. A multi-purpose commercial venue (public or privately owned) used for the purposes of performances, trade shows, corporate functions, sporting events, private receptions or parties, holiday gatherings or similar attractions.

      (1)   Common characteristics of event centers, which differentiate such uses from places of public assembly, often include but are not limited to, the following:

         (a)   Varied and/or irregular activity schedules.

         (b)   The display and/or sale of retail commercial goods.

         (c)   The generation of high traffic volumes at varied time periods.

         (d)   Commercial activities and uses in coordination with the events.

         (e)   Locations in commercial districts.

         (f)   Alcohol service as licensed.

      (2)   Accessory uses may include food preparation facilities, concessions, offices, museums, parks, athletic training or practice facilities, stores, restaurants, structured parking facilities, and patron transportation facilities. Event centers do not include adult uses and places of public assembly.

   EVERGREEN TREE. A tree that retains some or most of its leaves or needles throughout the year.

   EXISTING TREE CANOPY. The crowns of all healthy self-supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches or greater at breast height.

   EXTRACTION OF MATERIALS. The development or extraction of a natural resource in excess of 400 cubic yards from its natural occurrences on affected land without processing.

   EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.

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

      (1)   Two or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship (including foster children); or

      (2)   Not more than four unrelated persons.

   FARMERS MARKET. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

   FENCE. A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

   FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to change the natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland.

   FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development.

   FINAL STABILIZATION.

      (1)   All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed;

      (2)   For individual lots in residential construction by the contractor, the contractor must either: (a) complete final stabilization as specified above; or (b) establish temporary stabilization including perimeter controls for an individual lot prior to occupation of the structure. If the contractor chooses (b), it must inform the owner in writing of the requirements for final stabilization;

      (3)   For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in subparts (a) or (b) above;

      (4)   The contractor must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from washing back into the basin, conveyances or drainage ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. All drainage ditches constructed to drain water from the site after construction is complete must be stabilized to preclude erosion; and

      (5)   All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) must be removed as part of the final stabilization on the site.

   FINANCIAL INSTITUTION. An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Financial institutions may also provide automated teller machine (ATM) services, located within a fully enclosed space or building, along an exterior building wall intended to serve walk-up customers only, or in a city authorized drive-thru lane.

   FINISHING STANDARD. Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. The term "finishing standard" shall be synonymous with "performance standard."

   FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

   FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

   FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

   FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the City of Monticello.

   FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.

   FLOOD PROFILE. A graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river.

   FLOOD-PROOFING. A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

   FLOODWAY. The bed of wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

   FLOOR AREA. See § 153.010(B)(4).

   FLOOR AREA - FINISHABLE. Area within a building-exclusive of mechanical, garage, or unfinished storage space-that could meet all requirements of "finished floor area" after improvements are completed.

   FLOOR AREA - FINISHED. To qualify as finished floor area, the space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained, painted or covered with other residential wall/ceiling covering prior to occupancy. Basements that are neither "look out" or "walk out" levels may be finished, but shall not be counted towards a minimum finished square footage calculation.

   FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

   FREEWAY CORRIDOR (SIGN) AREA. A special signing area encompassing land located within 800 feet either side (north or south) of the centerline of Interstate 94, in addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas Road, East of Sandberg Road, and West of Cedar Street as shown on the city's official Freeway Bonus Sign District Map.

   FUEL PUMP. Equipment or unit designed and constructed to supply gasoline, diesel, natural gas, or other petroleum fuels and oils, electric charging, hydrogen, or any other fuel intended to power motor vehicles.

   FUNERAL SERVICES. An establishment that provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home.

   GARAGE. An attached or detached accessory structure for the purpose of parking vehicles.

   GARAGE SALE. The sale of miscellaneous used items commonly associated with residential use. Garage sales shall not be for the sale of primarily a single commodity. The term "garage sale" includes "sidewalk sale," "yard sale," "basement sale," and "estate sale."

   GENERAL WAREHOUSING. Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse.

   GRADING. Excavation or fill of material, including the resulting conditions thereof.

   GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "grading permit".

   GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines".

   GREENHOUSE/CONSERVATORY. A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants.

   GROUP RESIDENTIAL FACILITY, MULTI-FAMILY. A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls into one of the following categories: 1) a state licensed residential facility serving between seven and 16 persons; or 2) a licensed day care facility serving between 13 and 16 persons. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

   GROUP RESIDENTIAL FACILITY, SINGLE-FAMILY. A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls into one of the following categories: 1) a state licensed residential facility serving six or fewer persons; 2) registered housing with services establishment serving six or fewer persons; 3) a licensed day care facility serving 12 or fewer persons; or 4) a group family day care facility licensed to serve 14 or fewer children. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.

   GROWLER. A 64 fluid ounce (1.89 liter) container of beer that is made available for purchase at the brewery where it's produced. Said container is available for off-sale consumption only.

   HEAVY INDUSTRIAL USE. See HEAVY MANUFACTURING.

   HELIPORT. An area used or intended to be used for the landing and takeoff of helicopters, and may include any or all of the areas of buildings appropriate to accomplish these functions.

   HIGH RISK TREE. Any tree with structural defects sufficient to render the tree or part of the tree likely to fail and cause damage to persons, property, or other significant vegetation, as determined by a qualified arborist or other tree professional.

   HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

   HOOP BUILDING (see also TARP GARAGE). A portable or permanently anchored structure defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed.

   HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, and administration, and services to patients, employees, or visitors.

   IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, parking lots, storage areas and concrete, asphalt, or gravel driveways or roads.

   INDOOR FOOD/CONVENIENCE SALES. A small retail establishment located within or associated with another use that offers for sale prepared food or convenience goods such as prepackaged food items, tobacco, periodicals, and other household goods.

   INDUSTRIAL SELF-STORAGE. A land use characterized by larger spaces available to occupants for the purposes of storage of commercial, industrial, or personal goods, as well as business, industrial, or hobby activities accessory to such storage as may be permitted within the zoning district, provided that no such space is subdivided to a total area that is less than 2,000 square feet in area.

   INDUSTRIAL SERVICES (GENERAL). Businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products; or providing other related services primarily for industrial businesses. Industrial service firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Also includes firms such as contractors and building maintenance services and similar establishments engaged in performance of services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking and storage.

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

   LAKE, GENERAL DEVELOPMENT. Lakes that usually have more than 225 acres of water per mile of shoreline and 25 dwellings per mile of shoreline, and are more than 15 feet deep.

   LAKE, NATURAL ENVIRONMENT. Lakes that usually have less than 150 total acres, less than 60 acres per mile of shoreline, and less than three dwellings per mile of shoreline. They may have some winter kill of fish; may have shallow, swampy shoreline; and are less than 15 feet deep.

   LAKE, RECREATIONAL DEVELOPMENT. Lakes that usually have between 60 and 225 acres of water per mile of shoreline, between three and 25 dwellings per mile of shoreline, and are more than 15 feet deep.

   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's jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling.

   LAND RECLAMATION. The reclaiming of land by the importation, depositing, or grading of soils in excess of 400 cubic yards so as to elevate the grade.

   LANDSCAPE STRIP, PERIMETER. Vegetative material associated with the perimeter landscaping required for a vehicular use area.

   LANDSCAPING/NURSERY BUSINESS. A retail business devoted to the growth, display, and/or sale of plants, shrubs, trees; and/or landscaping materials and services.

   LIGHT INDUSTRIAL USE. See MANUFACTURING, LIGHT.

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

   LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not less than the minimum area required by this zoning chapter for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the Council. LOT related definitions (e.g. lot depth, lot area, lot corner, etc): see § 153.010(B).

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

   MACHINERY/TRUCK REPAIR. This business performs mechanical, electrical, structural, and cosmetic repairs to trucks and heavy equipment. Allowed: Tune ups and adjustment, replacement of parts, rebuilding of parts or components when installation is available, body repair, collision service and painting, frame straightening and repair, steam cleaning and/or sandblasting, undercoating and rust proofing, radiator repair, tire repair, wheel alignment and balancing, washing, cleaning, and polishing.

   MANAGED NATURAL LANDSCAPE. A planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. MANAGED NATURAL LANDSCAPES does not include turf-grass lawns left unattended for the purpose of returning to a natural state.

   MANUFACTURED (MOBILE) HOME. A structure transportable in one or more sections which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on a side, is 760 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code (M.S. § 327.31, as it may be amended from time to time).

   MANUFACTURED HOME PARK. A contiguous parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, firm, trust, partnership, public or private association, or corporation.

   MANUFACTURING, HEAVY. The manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or engaging in large-scale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use.

   MANUFACTURING, LIGHT. The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration.

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

   MAXIMUM DENSITY. The number of dwelling units allowed per gross acre of land as controlled by an individual or joint ownership group.

   MEADOW VEGETATION. Grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities, not including noxious weeds.

   MEAN GROUND LEVEL. The elevation established for the purpose of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.

   MICRO-DISTILLERY. A distillery that produces 40,000 proof gallons of liquor or less annually.

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

   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.

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

   NATURAL OBSTRUCTION. Means any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a water body, watercourse, or wetland by a nonhuman cause.

   NEXT AVAILABLE AGENDA. The next meeting at which an application can be heard by a reviewing body after consideration of the anticipated time for review and other items already scheduled for future agendas. The Community Development Department has full discretion to select the best future meeting date that will accommodate the administrative and official review of an item provided the overall timeframe for review will comply with all state mandated review deadlines.

   NONCONFORMING STRUCTURE OR BUILDING. A structure or building, the size, dimensions, or location of which was lawful prior to effective date of this chapter as denoted in § 153.004, or on the effective date of any amendment to this chapter, but that fails by reason of such adoption or amendment to conform to the requirements of this chapter.

   NONCONFORMING USE. Any use lawfully being made of any land, building, or structure not otherwise abandoned, existing on effective date of this chapter as denoted in § 153.004 or on the effective date of any amendment of this chapter, that does not comply with the use regulations of this chapter or the amendment.

   NURSING HOME (CONVALESCENT HOME). A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions.

   OBSTRUCTION (IN RELATION TO FLOODPLAINS). Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

   OFFICE USE. An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services.

   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. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.

   OPACITY (OPAQUE). A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light.

   OPEN SALES. Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as outdoor storage, sidewalk sales and display, or off-street vehicle parking.

   OPEN SPACE. An area on a lot not occupied by any structure or impervious surface.

   OPEN SPACE, USABLE. A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space.

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

   ORNAMENTAL PLANTS. Grasses, perennials, annuals, and groundcovers purposefully planted for aesthetic reasons.

   OUTDOOR STORAGE. The keeping, in an un-roofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot.

   OUTPATIENT CARE. Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.

   OWNER. The person or entity with a legal or equitable interest in the land on which the construction activities will occur.

   PARAPET. A low wall which is located perpendicular to (extension of front wall) a roof of a building.

   PARK FACILITY, ACTIVE. A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features.

   PARK FACILITY, PASSIVE. A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks.

   PARKING, OFF-STREET. The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced, for a period of less than 24 hours.

   PARKING BAY. The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces.

   PARKING ISLAND. Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties.

   PARKING LOT DRIVE AISLE. A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.

   PARKING SPACE/STALL. An area enclosed in the main building, in an accessory building, or unenclosed sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

   PARKING STRUCTURE. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, decks, and ramp parking.

   PARKING, SURFACED. A parking space or storage space which is paved, or surfaced with crushed rock, such as Class V limestone, crushed or decomposed granite, "con-bit", or landscaping rock of adequate durability to support the load parked or stored thereon.

   PARKING, UNSURFACED. A storage space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the city's weed control regulations. Unsurfaced space may not include bare ground which may be subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway.

   PASSENGER TERMINAL. A place that receives and discharges passengers which generally includes facilities and equipment required for the operation. Examples include terminals for bus, taxi, railroad, shuttle van, or other similar vehicular services. This definition does not include bus stops or similar transfer points for passengers at which no facilities (excluding a bench or shelter) are provided.

   PAVED. A parking space or storage space which is surfaced with only the following materials: Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete pavers, provided such pavers have a flat surface area of no less than nine square inches.

   PERFORMANCE STANDARD. Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. The term "performance standard" shall be synonymous with "finishing standard."

   PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

   PERMANENT COVER. Final stabilization.

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

   PERMITTEE. Applicant for and recipient of an approved permit.

   PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.

   PERSONAL SERVICES. Establishments that primarily engage in providing services generally involving the care of the person or person's possessions. Personal services may include but are not limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, body art (including tattooing), and portrait studios. This use may also include indoor pet grooming services for dogs, cats and/or small household pets as permitted by city code, not including animal kennel/boarding or overnight care, outdoor activities or veterinary activities.

   PHASING (IN RELATION TO GRADING). Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.

   PLACE OF PUBLIC ASSEMBLY. An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. Places of public assembly are characterized by individuals arriving and departing at regularly scheduled times and do not include event centers. Common characteristics of places of public assembly, which differentiate such uses from event centers, may include but are not limited to, the following:

      (1)   Regular activity schedules.

      (2)   No display and/or sale of retail commercial goods or services.

      (3)   The generation of traffic at routine time periods.

      (4)   Predictable traffic volumes during activities.

      (5)   Locations that may be in commercial, industrial, or residential zoning districts.

   PLAN REQUIREMENTS AND DESIGN GUIDELINES. Manual detailing city specifications for all plan requirements.

   PLANNED UNIT DEVELOPMENT. A type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources as may be required.

   PLANTING STRIP. Areas intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.

   PORTABLE CONTAINER. A large container designed and rented or leased for the temporary storage of commercial, industrial, or residential household goods that does not contain a foundation or wheels for movement.

   PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses.

   PRODUCTION BREWERY. A facility that manufactures, processes and warehouses beer for wholesale distribution in off-sale packages to retail liquor establishments and may retail beer product for on-site consumption in a taproom for off-site consumption as growlers. A production brewer may not have an ownership interest in a brewery licensed under Minnesota Statutes.

   PROFESSIONAL OFFICE - SERVICES. A commercial use involving administrative, clerical, or professional operations, and routinely including direct transactions or consultations with clients for such services. Such uses commonly include legal, financial, insurance, or real estate services, among others, but do not include retail sales of stock-in-trade goods.

   PUBLIC BUILDING OR USE. Any facility, including but not limited to buildings and property that are leased or otherwise operated or funded by a governmental body or public entity.

      COMMUNITY CENTER. A “public building or use” that provides a variety of services and facilities for both public and private activities, which may include the following: city offices; U.S. or State of Minnesota military offices; recreation facilities and classes; public assembly uses; senior citizen community rooms and activities; event center gatherings; and support facilities for any of the above. Individual public space and/or facilities within a COMMUNITY CENTER may be used, leased or rented to other entities, including private individuals or groups as an incidental and accessory aspect of such space or facility, at the discretion of the public agency owner/manger.

   PUBLIC WAREHOUSING. The indoor storage of equipment and/or materials by a government agency which may, or may not, be related to other principal uses on the same property.

   PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15, 15a, as it may be amended from time to time.

   RAIN GARDEN. A native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes, and rivers.

   REACH (IN RELATION TO FLOODPLAINS). A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

   REAL ESTATE OFFICE/MOBILE SALES HOME. A dwelling temporarily used as a sales office for a residential development under construction for on-site sales.

   RECREATIONAL VEHICLE CAMP SITE. A lot or parcel of land occupied or intended for occupancy by recreational vehicles for travel, recreational, or vacation usage for short periods of stay subject to the provisions of this chapter.

   RECYCLING AND SALVAGE CENTER. A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials.

   REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

   REGULATORY FLOOD PROTECTION ELEVATION. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

   REPAIR ESTABLISHMENT. An establishment primarily engaged in the provision of repair services for TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment; including tailor; locksmith; and upholsterer.

   RESTAURANT. An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Such a facility may include indoor and outdoor seating and/or drive through services.

   RETAIL COMMERCIAL USES (OTHER). A commercial land use where the establishment is primarily engaged in the sale or rental of goods and materials to the general public, accepts payment or orders for, and delivers to the end user a good or service. Elements of the retail business include stock-in-trade held on the premises in the case of goods or provides a service to the end user on the premises. Retail businesses may arrange for delivery of a good rather than deliver the good concurrent with the transaction, or may accept payment or orders electronically in advance, for delivery of the good or service in person at a later date. Retail commercial uses do not include those business engaged primarily in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use.

   RETAIL SERVICE. A retail service establishment is a form of retail business that creates a product of value (either good or service) on site and delivers said good or service to the end user on site. Examples of retail services include businesses which fabricate and/or craft creative goods on site and both display and sell such goods to the end user at the retail location such as artist studios, bicycle shops, photography studios or similar uses. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use.

   RIVER, AGRICULTURAL. Rivers that run through intensively cultivated areas, mainly in the southern and western area of Minnesota.

   RIVER, FORESTED. Rivers that are in forested, sparsely to moderately populated areas with some roads; typically found in northeast, southwest and north-central Minnesota

   RIVER, REMOTE. Rivers that are primarily in roadless, forested, sparsely populated areas in northeastern Minnesota.

   RIVER, TRANSITION. Rivers that are in a mixture of cultivated, pasture and forest lands.

   RIVER, TRIBUTARY. Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river.

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

   ROOT ZONE. The area inside the dripline of a tree that contains its roots.

   SCHOOL, HIGHER EDUCATION. A public or private non-profit institution for post-secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

   SCHOOL, PRE-K-12. A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

   SCROLLING TEXT. A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement.

   SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level.

   SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site.

   SELF-STORAGE FACILITY. A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares.

   SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

   SENIOR HOUSING. A multiple-family structure, 80% of whose occupants shall be 65 years of age or over, or a multiple-family structure where each unit is occupied by at least one person who is 55 years of age or over and is retired. The facility may include common areas for the congregation of occupants for activities or meals. Senior housing shall typically consist of multiple-household attached dwellings, but may include detached dwelling units as part of a wholly owned and managed senior project.

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

   SETBACK. The horizontal distance between a structure and the lot lines of the lot on which it is located; or the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

   SEWAGE TREATMENT SYSTEM. a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minn. Rules Chapter 7080.

   SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

   SHADE TREE. A tree planted or valued chiefly for its shade from sunlight; this term usually applies to large trees with spreading canopies.

   SHELTER, FALLOUT. An accessory building specifically designed and used for the protection of life from radioactive fallout.

   SHELTER, STORM. An accessory building specifically designed and used for the protection of life from weather events.

   SHOPPING CENTER. An integrated grouping of commercial stores under single ownership or control. See also RETAIL COMMERCIAL USES.

   SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the required structure setback.

   SHORELAND. Land located within the following distances from public water:

      (1)   One thousand feet from the ordinary high water mark of a lake, pond, or flowages.

      (2)   Three hundred feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources or the commissioner's designated representative.

      (3)   The area included in the recreational land use districts for the Mississippi River as defined in Minn. Rules Chapter 6105.0800-0950.

   SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.

   SIDEWALK SALES AND DISPLAY, OUTDOOR. Outdoor sale and display, conducted as an accessory, incidental activity by the proprietor, of products normally sold inside a retail establishment, subject to the limitations identified in this chapter.

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

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

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

   SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Where a sign has received a special permit or other city approval, such approval shall run with the principal use of the property, and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section, notwithstanding the prior special approval.

   SIGN, AREA. A sign identifying a series of related parcels or uses, rather than a specific parcel or use.

   SIGN, AREA IDENTIFICATION. A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three or more structures, a shopping center consisting of five or more separate business concerns, an industrial area, an office complex consisting of three or more structures, or any combination of the above located on contiguous property.

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

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

   SIGN, BILLBOARD. See OFF-PREMISEs SIGN.

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

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

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

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

   SIGN, DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. All dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays.

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

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

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

   SIGN, HEIGHT OF. The height of the sign shall be computed as the vertical distance measured from the mean ground level on which the sign is placed to the top of the highest attached component of the sign.

   SIGN, IDENTIFICATION. Signs in all districts which identify the business or owner, or manager, or resident, and set forth the address of the premises where the sign is located and which contain no other material.

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

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

   SIGN, MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding 14 feet.

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

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

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

   SIGN, POLE. See PYLON SIGN.

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

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

   SIGN, PUBLIC. Any sign posted by a governmental agency of a public, noncommercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are erected by or on order of a public officer or employee in the performance of official duty - see also OFFICIAL SIGN.

   SIGN, PYLON. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.

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

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

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

   SIGN, SANDWICH BOARD. A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services.

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

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

   SIGN, TEMPORARY. Any sign which is erected or displayed for a specified period of time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices.

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

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

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

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

   SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

   SITE LANDSCAPING. Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions (see § 153.060(H)).

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

   SOLAR ENERGY. Radiant energy (direct, diffuse, and reflected) received from the sun.

   SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy. Solar energy systems are allowed only as accessory structures in any zoning district other than Planned Unit Development Districts, subject to the requirements of § 153.092.

   SPECIAL EVENT. An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc.

   SPECIALTY EATING ESTABLISHMENTS. Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries.

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

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

   STABLE. A building in which horses are sheltered; may be accessory to a residential or other use or a freestanding principal use.

   STABILIZATION/STABILIZED. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization.

   STABLIZED. The exposed ground surface after it has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blankets, or other material that prevents erosion from occurring. Grass seeding is not considered stabilized until it has established and meets the definition of final stabilization.

   START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling;

   STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, which are not bluffs.

   STORMWATER. Defined and shall have the meaning given to it by Minn. Rules 7077.0105, subp. 41(b).

   STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will minimize soil erosion on a parcel of land and minimize off-site nonpoint pollution to the maximum extent practicable.

   STORY. See § 153.010(B)(5).

   STREET FRONTAGE. See § 153.010(B)(1)(f).

   STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, or office purposes, either temporarily or permanently. STRUCTURE also includes, but is not limited to, swimming pools, tennis courts, signs, sheds, docks, and similar accessory construction.

   STRUCTURE, PUBLIC. A building or edifice of any kind which is owned or rented, and operated by a federal, state, or local government agency.

   SUBDIVISION. Any real estate, wherever located, improved or unimproved, which is divided or proposed to be divided for the purpose of sale or lease, including sales or leases of any timeshare interest, unit in a common interest community, or similar interest in real estate.

   SURFACE WATER OR WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, wells, reservoirs, aquifers, irrigation systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private.

   SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

   SWIMMING POOL. A structure, whether above or below grade level, designed to hold water more than 24 inches deep to be used for recreational purposes

   TAPROOM. A room that is ancillary to the production of beer at a production brewery where the public can purchase and /or consume only the beer produced on site.

   TARP GARAGE. A portable or permanently anchored structure defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed.

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

   TELECOMMUNICATION TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

   TEMPORARY EROSION PROTECTION. Short term methods employed to prevent erosion. Examples of these methods include: straw, wood fiber blanket, wood chips and erosion netting.

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

   TOE OF BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.

   TOP OF BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.

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

   TOWNHOUSES. A single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and having open space on at least two sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. No single structure shall contain in excess of eight dwelling units, and each dwelling unit shall have separate and individual front and rear entrance.

   TRASH HANDLING AND RECYCLING COLLECTION AREA. Areas designated for the accumulation, storage and pick-up of refuse and recyclable material associated with multi-family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single-family dwellings, or townhome units which do not utilize a communal location for trash and recycling.

   TREE, CANOPY. A tree that has an expected height at maturity of 30 feet or more.

   TREE, ORNAMENTAL. A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons.

   TREE, SPECIMEN. Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of ten inches or more that is not exempted as a specimen tree by this chapter.

   TREE, UNDERSTORY. A tree that has an expected height at maturity of no greater than 30 feet.

   TREE SAVE AREA. The area around a specimen tree that extends one linear foot around the tree's dripline.

   TRASH HANDLING AND RECYCLING COLLECTION AREA. Areas containing large dumpsters or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick up. Such facilities are typically associated with multi-family buildings of more than four units, commercial operations and industrial sites.

   TRUCK OR FREIGHT TERMINAL. A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. This use includes warehousing and distribution which entails transfer of goods and materials from trucks to a building, where the primary use is the storage of trucks and distribution and vice versa, and may or may not involve repackaging of such goods for transfer. Such use may also entail transfer of full trailers from one truck to another.

   TURF-GRASS LAWN COVER. A lawn compromised mostly of grasses commonly used in regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass blends, intended to be maintained at a height of no more than eight inches.

   UNDERSTORY TREE. A tree that has an expected height at maturity of no greater than 30 feet.

   UPLAND. Means all lands at an elevation above the ordinary high water mark.

   USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.

   UTILITIES - MAJOR. Major utilities shall include the following:

      (1)   Public infrastructure services providing regional or community-wide service that have regular employees on site during common working hours, and entail the construction of new buildings or structures such as waste treatment plants, potable water treatment plants, and solid waste facilities.

      (2)   Commercial wind energy conversion systems (public or private).

      (3)   Electrical substations.

   VARIANCE. The waving by board action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.

   VEGETATION. Means the sum total of plant life in some area, or a plant community with distinguishable characteristics.

   VEGETATION, NATIVE. Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.

   VEHICLE, EMERGENCY. For the purpose of evaluating vehicles which may be parked in residential areas, the term emergency vehicle shall include ambulances, police and sheriff's department vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles.

   VEHICLE, PASSENGER. A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles.

   VEHICLE, RECREATIONAL.

      (1)   A vehicle that is used primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind a self-propelled vehicle.

      (2)   Operable recreational equipment that is not licensed for used on the public roadway, but used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing.

      (3)   Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one piece of equipment for the purposes of this section.

   VEHICLE, LARGE COMMERCIAL. A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a "small commercial vehicle".

   VEHICLE, SMALL COMMERCIAL. A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, eight feet in height, and eight and one-half feet in width.

   VEHICLE FUEL SALES.

      (1)    Buildings and premises where dispensing, sale, or offering for sale at retail (or in connection with a private operation where the general public is excluded from use of facilities) of motor fuels, including gasoline, diesel, natural gas, or other petroleum fuels and oils, electric charging stations of more than two such stations, hydrogen, or any other fuel intended to power motor vehicles of any sort, and where in addition, the following services may be rendered and sales made, and other similar related uses:

         (a)   "Automotive repair - minor" as defined by this chapter;

         (b)   Retail sales of packaged foods, prepared foods and other convenience goods for station customers, as accessory and incidental to principal operation; and

         (c)   Provision of restroom facilities, but not including showers.

      (2)   Uses permissible at a vehicle fuel sales establishment do not include "automobile repair - major" as defined by this chapter, major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. Vehicle fuel sales establishments are intended for the servicing and delivery of goods to passenger vehicles and small commercial vehicles. Facilities for sales to large trucks may be included, but shall not include activities that would constitute uses most commonly found at a truck stop, such as showers, truck washes, truck parking or truck storage for more than temporary periods necessary to purchase and pay for retail goods.

   VEHICLE SALES OR RENTAL. Establishments primarily engaged in the retail sale of new and used-in operating condition-automobiles, noncommercial trucks, motor homes, recreational vehicles or farm machinery; including incidental storage, maintenance, and servicing.

   VEHICULAR USE AREA LANDSCAPING, INTERIOR. Vegetative material, structures (walls or fences), berms, and associated ground cover located within the interior of a parking lot, or other vehicular use area for the purposes of providing visual relief and heat abatement (see § 153.060(F)).

   VEHICULAR USE AREA LANDSCAPING, PERIMETER. Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district or residentially developed lands, used property for the purposes of screening the vehicular use area from off-site views (see § 153.0604.1(F)).

   VETERINARY FACILITIES - NEIGHBORHOOD. An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for small household pets only.

   VETERINARY FACILITIES - RURAL. An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for all animals.

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

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

   WASTE DISPOSAL AND INCINERATION. A use which focuses on the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind.

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

   WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

   WATERCOURSE. Means a channel or depression through which water flows such as rivers, streams, or creeks and may flow year-round or intermittently.

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

   WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.

   WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand; the stand being clearly a secondary use of the premises which does not change the character thereof.

   WETLANDS.

      (1)   Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this chapter, wetlands must:

         (a)   Have a predominance of hydric soils;

         (b)   Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

         (c)   Under normal circumstances, support a prevalence of hydrophytic vegetation.

      (2)   "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of item A, surrounded by non-wetland and including all contiguous wetland types, except those connected solely by riverine wetlands. "Wetland area" means a portion of a wetland or the wetland.

      (3)   Wetlands do include public waters wetlands unless reclassified as shoreland by the commissioner under M.S. § 103G.201, as it may be amended from time to time.

      (4)   The wetland size is the area within its boundary. The boundary must be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987). The wetland type must be determined according to Wetlands of the United States, (1971 edition). Both documents are incorporated by reference under part 8420.0112, items A and B. The local government unit may seek the advice of the technical evaluation panel as to the wetland size and type.

   WETLANDS, EXCEPTIONAL QUALITY. Exceptional quality wetlands contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. This higher level of plant species variety generally provides high wildlife habitat value and may also support rare wildlife species. The shorelines of exceptional quality wetlands are natural and unaffected by erosion. These wetlands exhibit no evidence of significant man induced water level fluctuation. Exceptional quality wetlands provide excellent water quality protection, high aesthetic quality, and provide excellent opportunities for educational and scientific activities within the community.

   WETLANDS, HIGH QUALITY. High quality wetlands are still generally in their natural state and tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species, however, a minimum of 20 different species can be found within the basin. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. The combination of these factors result in these wetlands being judged as providing a greater level of water quality protection and significantly better wildlife habitat. They show little if any evidence of human influences and their greater levels of species variety, wildlife habitat and ecological stability results in higher aesthetic quality. These characteristics also offer opportunities for educational or scientific value to the community.

   WETLANDS, LOW QUALITY. Wetlands included in this category have been substantially altered by agricultural or urban development that caused over nutrification, soil erosion, sedimentation and water quality degradation. As a result of these factors, these wetlands exhibit low levels of plant species and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion. While these wetlands do provide for water quality and serve an important role in protecting water quality downstream, the combination of these characteristics cause these wetlands to provide low levels of water quality protection and to have poor aesthetic quality. They often exhibit evidence of significant human influences and they are deemed to be of little educational or scientific value to the community.

   WETLANDS, MEDIUM QUALITY. Medium quality wetlands have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species variety results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion. As a result of these characteristics, these wetlands provide somewhat better water quality protection. They also exhibit relatively less evidence of human influences and therefore, tend to be of a higher aesthetic quality. These wetlands are still judged to be of limited educational or scientific value to the community.

   WETLAND BUFFER. An area of non-disturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals.

   WHOLESALE SALES. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor's materials or office or retail sales of business supplies/office equipment.

   WHOLESALER. Any person engaged in the business of selling alcoholic beverages to retail dealers.

   WILDLIFE. All free living animals.

   WIND ENERGY CONVERSION SYSTEM (WECS). A wind-driven machine that converts wind energy into electrical power for the primary purpose of resale or off-site use.

   WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, sherry and sake, in each instance containing not less than one half of 1% nor more than 24% alcohol by volume for nonindustrial use.

   WRECKER AND TOWING SERVICE. An establishment operated for the purpose of temporary storage onsite of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles top to bottom, or portions of the vehicles are dismantled or removed for sale, it shall be considered a junkyard.

   YARD. See § 153.010(B)(3)(a). YARD related definitions (e.g. front yard, corner yard, side yard, etc) see section § 153.010(B)(3)(a)7.

(Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022; Ord. 797, passed 2-13-2023; Ord. 799, passed 2-27-2023; Ord. 802, passed - -; Ord. 804, passed 8-14-2023; Ord. 811, passed 10-9-2023; Ord. 812, passed 10-9-2023)