§ 150.002 DEFINITIONS.

(B) Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alternation, and use of structures and land.

(D) Providing adequate light, air, and convenience of access to property.

(E) Limiting congestion in the public right-of-way.

(F) Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of the buildings in relation to the land and buildings surrounding them.

(G) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.

(H) Providing for orderly transitions from one land use to another.

(I) Providing a means to accomplish the goals set forth in the Comprehensive Plan.

(Ord. 395, passed 7-6-2010)

§ 150.002 DEFINITIONS.

For the purpose of these regulations, the following terms, phrases, words and their definitions shall have the meaning given in this section. Words used in the present tense shall include the future tense; words in the singular number shall include the plural and words in the plural shall include the singular.

ACCESSORY USE OR STRUCTURE. A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

AIRPORT or HELIPORT. Any land, water, or structure which is used or intended for use for the landing or take-off of aircraft, and any appurtenant land or structure used or intended for use for airport buildings or other airport structures or right-of-way.

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

APARTMENT UNIT. A room or suite of rooms arranged, intended, or designed for a place of residential occupancy by one family.

AUTO REDUCTION YARD. A lot or yard where three or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sales of parts, sale as scrap, storage or abandonment.

BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined.

BED AND BREAKFAST INN. An owner or manager occupied dwelling where lodging in five or fewer guest rooms and breakfast is provided to the traveling public by the residential owner or manager for compensation.

BOARDER. A person who is given food and lodging by someone in exchange for a fee.

BODY ART. Physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that are considered part of a medical procedure performed by board certified medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures shall not be performed in a body art establishment. This ordinance definition shall not include piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.

BODY ART ESTABLISHMENT. Any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art are performed.

BUILDING. Any structure, either temporary or permanent, having a roof which may provide shelter or enclosure of persons, animals, or chattel, and when said structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building.

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

(1) The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.

(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (1) above is more than ten feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

CAR PORT. An automobile shelter having one or more sides open.

CELLAR. That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environs and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

CONDOMINIUM. A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the common property. In a condominium, each unit is owned out-right by its occupant and each occupant also owns a share of the land and other common property.

CONVENIENCE STORE. Any retail establishment offering for sale prepackaged food products, household items, gasoline, and other petroleum products.

CURB LEVEL. The elevation as established by the city, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this Zoning Code.

DAY CARE FACILITY - NON-RESIDENTIAL. A non-residential facility, public or private, which for gain or otherwise provides one or more persons with care, training, supervision, habitation, rehabilitation, or developmental guidance, for periods of less than twenty-four (24) hours per day. Non-residential day care facilities include, but are not limited to: day care centers, day nurseries, nursery schools, daytime activity centers and structures previously used for residential purposes but now used for day care purposes without occupancy.

DAY CARE FACILITY - RESIDENTIAL. A dwelling in which a permanent occupant of the dwelling provides care, protection and supervision to one or more persons for periods of less than twenty-four (24) hours per day for gain or otherwise. The size of the outdoor play area and the number and qualifications of required care givers are set forth in Minnesota Statutes which may be amended from time to time. This use may be licensed by other agencies.

DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including single family, two family and multiple family dwelling units; efficiency units; manufactured homes; and, townhomes, but not including hotels; motels; bed and breakfast inns; boarding houses; tents; or recreational vehicles.

DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

DWELLING - ATTACHED. A dwelling joined to one or more other dwellings by party walls or walls. See Dwelling, Two Family Dwelling, and Townhouse for related definitions.

DWELLING - DETACHED. A dwelling which is entirely surrounded by open space on the same lot.

DWELLING - MULTIPLE FAMILY. A building containing three or more dwelling units, designed with more than one dwelling unit connecting to a common corridor or entranceway, but not including ATTACHED DWELLINGS as defined herein.

DWELLING - SINGLE FAMILY. A detached dwelling containing accommodations for and occupied by one family. SINGLE FAMILY DWELLINGS include any MANUFACTURED HOMES that meet this definition and any other applicable requirements for Single Family Dwellings contained in this chapter.

DWELLING - TWO FAMILY OR DUPLEX. A dwelling designed exclusively for occupancy by two families living independently of each other.

EASEMENT. A grant by an owner of land for a specific use by persons or agencies other than the owner.

ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission, or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith: but not including buildings.

FAMILY. One or more persons related by blood, marriage, adoption, or foster relationship occupying a dwelling and living as a single housekeeping unit, or a group of not more than six persons not so related but living together by joint agreement, maintaining a common household and using common kitchen facilities, as distinguished from a group occupying a HOTEL or MOTEL as defined herein.

FENCE. Any partition, structure, wall or gate erected as a divider, barrier or enclosure and located along the boundary, or within the required yard.

FLOODWAY. The channel of the water-course and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.

FLOOD FRINGE. That portion of the flood plain outside of the floodway.

FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the 100 year flood.

FLOOD PROOFING. A combination of structure provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

FLOOD PROTECTION ELEVATION. That elevation which is not less than one foot above the water surface profile associated with the 100 year flood as outlined in the city's Flood Insurance Study, June 1976.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, but excepting that area primarily devoted to window display, storage, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of the exterior walls.

FLOOR-LOT AREA RATIO. The floor-lot area ratio of the building on any lot is the total floor area divided by the area of the lot. Total floor area includes both principal and accessory buildings.

FRONTAGE. That boundary of a lot which abuts an existing or dedicated public street.

GARAGE - PRIVATE. A detached accessory building or portion of the principal building, including a car port, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity of not more than 1-1/2 ton.

HAZARDOUS BUILDING/PROPERTY. Any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.

HOME OCCUPATION. Any occupation or profession meeting all of the following requirements:

(1) When the activity is clearly secondary to the main use of the premises and is engaged in only by persons residing in their dwelling.

(2) When that occupation is conducted in not more than one room within the principal structure and does not occupy more than 25% of the gross floor area of any one story.

(3) When that activity or occupation does not require the provisions of additional parking.

(4) When evidence of the occupation other than gardening is not visible from the street.

(5) When the principal structure becomes the base of operation for that occupation using that equipment or machinery which is usually found in a home; and when not involving the retail sale of products produced off the site.

(6) No accessory building shall be used for such home occupation.

HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

INDUSTRY - GENERAL. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials.

INDUSTRY - LIMITED. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts.

JUNK YARD. An area where used, waste, discarded or salvage materials are bought, sold, exchanged, stored, bailed, cleaned, packed disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

KENNEL. Any lot or premises or portion thereof on which four or more dogs and/or cats over six months old are owned, boarded, bred or offered for sale. This definition shall not include pet shops, veterinary clinics, the keeping of farm animals or fowl, commercial stables or other such uses regulated herein.

LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in the Zoning Code, abutting on a public street, and of sufficient size to provide the yards required by the Zoning Code.

LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.

LOT AREA PER FAMILY. The number of square feet of lot area required per dwelling unit.

LOT - CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line for applying this Zoning Code.

LOT LINE - FRONT. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city.

LOT LINE - REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Corner lots shall have no rear lot line; all boundaries of a corner lot, with the exception of the front, shall be considered side lot lines.

LOT LINE - SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD. Any lot which is one unit of a plat duly approved and filed prior to the effective date of this code or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered, for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Kanabec County, Minnesota, prior to September 19,1963.

LOT - THROUGH. A lot which has a pair of opposite lot lines abutting to substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Zoning Code.

LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.

MANUFACTURED HOME. A structure, transportable in one or more sections, which when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a single family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

MOTOR COURT, MOTOR HOTEL, or MOTEL. A parcel of land upon which is located a building or group of buildings other than a hotel and used primarily as temporary residence of motorists, tourists or travelers.

MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck or rail is assembled and/or stored for routing in intra-state or inter-state shipment by a motor truck.

MOTOR SERVICE STATION. A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.

NON-CONFORMING STRUCTURES. Any structure legally existing on the effective date of the Zoning Code which would not conform to the applicable regulations if the structure were to be erected under the provisions of the Zoning Code.

NON-CONFORMING USE. Use of land, buildings, or structures legally existing on the effective date of the Zoning Code which does not comply with all the regulations of the Zoning Code or any amendments to it, governing the zoning district in which such use is located.

NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals.

OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising, or trade where such goods are not enclosed within a building.

ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape.

PARKING AREA - PUBLIC. An area as a principal use available to the public, with or without payment of a fee, designed and used for temporary parking of licensed, operable motor vehicles, which may include outdoor parking lots or parking structures.

PARKING SPACE (PARKING STALL) - PRIVATE. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard vehicle.

PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.

PLANNED UNIT DEVELOPMENT. A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. It is intended that a Planned Unit Development will offer a more flexible, creative and efficient approach to the use of land and be subject to the procedures, standards and regulations contained in the Zoning Code.

QUASI-PUBLIC. The term QUASI-PUBLIC STRUCTURE as used herein shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, docks, fences, signs, and other similar structures.

RECREATION, COMMERCIAL. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a private enterprise for the purpose of providing recreation.

RECREATION, PUBLIC. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

RECREATIONAL VEHICLE. Any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets, and so constructed and designed as to permit occupancy thereof for temporary living quarters or sleeping purposes and used for recreational purposes.

RECYCLABLE. Material that still has useful physical or chemical properties after serving its original purpose and can, therefore, be reused or re-manufactured into additional products. Plastic, paper, glass, used oil, tin, and aluminum cans are examples of recyclable materials.

RECYCLE. The process of collecting materials from the waste stream and separating them by type, remaking them into new products, and marketing and reusing the materials as new products.

RECYCLING FACILITY. Building(s) in which recyclable materials are collected and/or processed in order to regain material, but shall not include salvage yards.

RESIDENTIAL FACILITIES. A state-licensed and mandated RESIDENTIAL FACILITY occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The services provided and maximum number of clients served is specified by Minnesota State Statutes, which may be amended from time to time.

RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. RIGHT-OF-WAY includes the driving surface of a street and adjacent boulevard.

SCREENING. A device or materials used to conceal one element of a development from other elements or from adjacent or contiguous uses. Screening may include one or a combination of the following materials - walls, berms, plantings, fences.

SELF-SERVICE STORAGE FACILITY. A building of one level, that contains varying sizes of individual compartmentalized stalls limited to the indoor storage of customer's goods or possessions.

SETBACK. The minimum distance between the property line and the line of the building.

SHOPPING CENTER. Any contiguous group of two or more retail stores or service establishments, comprising 10,000 or more square feet of floor area which provides off-street parking utilized in common by patrons.

SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water mark of a lake, pond, or flowage, and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such a river or stream.

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

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

STREET. A public right-of-way not less than 40 feet in width which affords a primary means of access to abutting property.

STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURE - NON-CONFORMING. Any structure which is legally existing upon the effective date of the Zoning Code which would not conform to the applicable regulations if the structure were to be erected under the provisions of the Zoning Code.

TOWNHOUSE - ATTACHED. A single structure consisting of three or more dwelling units having the first floor at or near the ground level with no other dwelling units or portions thereof above or below with each dwelling unit connected to another by a single party wall with no openings.

TOWNHOUSE - DETACHED. A dwelling that is entirely surrounded by open space and owned by an individual or owned in common by a homeowners association.

USE. The purpose or activity for which the land, structure, or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

USE - CONDITIONAL. Either a public or private use which, because of its unique characteristics, cannot be properly classified as a permitted use and thus requires approval by the City Council of a conditional use permit which shall contain conditions controlling the use.

USE - OPEN. The use of a lot without a building or including a structure incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.

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

VARIANCE. A modification or variation of the provisions of the Zoning Code excepting use, as applied to a specific piece of property, where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause unnecessary hardship.

WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.

YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in the Zoning Code. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

YARD - FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

YARD - REAR. A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

YARD - SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

ZONING ADMINISTRATOR. Person appointed by the City Council to administer and enforce the Zoning Code.

ZONING - DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform.

100 YEAR FLOOD. A flood which is representative of large floods known to have occurred, and can be expected to occur on an average frequency of once every 100 years.

(Ord. 395, passed 7-6-2010; Am. Ord. 415, passed 8-21-2012; Am. Ord. 464, passed 12-17-2019; Am. Ord. 484, passed 12-21-2021)

§ 150.003 DEFINITIONS FOR ADULT ORIENTED BUSINESSES.

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

ADULT USES – ACCESSORY. The offering of goods and/or services which are not classified as obscene and are classified as adult uses, permitted on a limited scale, as defined by §§ 150.134 and 150.149, and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines and the sale or rental of adult motion pictures as defined in sections listed above.

ADULT USES - PRINCIPAL. The offering of goods and services which are not classified as obscene which do not meet the definition of accessory adult uses, including but are not limited to the following:

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

(2) ADULT USE - BOOKSTORE. A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, CD’s, CD-ROMS’s, or motion pictures film if such building or portion of a building is not open to the public generally but only to one (1) or more classes of the public excluding any minor by reason of age and if a substantial or significant portion of items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

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

(4) ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

(5) ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

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

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

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

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

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

(11) ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

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

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

(14) ADULT USE - SAUNA. A sauna which excludes minors by reason of age, and 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

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

(16) ADULT USE - NONCONFORMING. As of the date of the publication of this section, all non-conforming uses shall be terminated and brought into compliance with the provisions contained herein.

OBSCENE. Activities as defined by M.S. § 617.241.

SPECIFIED ANATOMICAL AREAS.

(1) 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

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

SPECIFIED SEXUAL ACTIVITIES.

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

(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;

(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;

(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;

(5) 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 physical restraint of any such persons;

(6) Erotic or nude touching, fondling, or other sexually-oriented contact with an animal by a human being; or

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

(Ord. 395, passed 7-6-2010)

§ 150.004 GENERAL PROHIBITION OF ADULT ORIENTED BUSINESSES.

Except as allowed as an accessory use in a B-1 or B-2 district pursuant to §§ 150.133 and 150.148 and except as allowed as a permitted use in an I-1 district pursuant to § 150.161, no property within the city shall have an accessory or principal use, as defined herein.

(Ord. 395, passed 7-6-2010) Penalty, see § 150.999

§ 150.005 MINIMUM REQUIREMENTS.

In their interpretation and application the provisions of the Zoning Code shall be held to be the minimum requirements and shall be for the promotion of the public’s health, safety, and welfare. The provisions shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(Ord. 395, passed 7-6-2010)

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