11-2-2: DEFINITIONS:

The following words and terms, when used in this title, shall have the following meanings:

ABUTTING: Making contact with or separated only by public right-of-way, railroad, public utility right-of-way or navigable waters.

ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such principal building or primary use.

ADDITION: Any physical enlargement of an existing structure.

ADJACENT: In close proximity to or neighboring, not necessarily abutting.

ADULT USES: Include adult bookstores, adult motion picture theaters, adult motion picture sales/rentals, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. Activities classified as obscene, as defined by Minnesota Statutes section 617.241, as amended, are not included.

   Adult Uses, Accessory: The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.

   Adult Uses, Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:

   A.   Adult Use, Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

   B.   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.

   C.   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.

   D.   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.

   E.   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.

   F.   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.

   G.   Adult Use, Hotel Or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

   H.   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.

   I.   Adult Use, Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

   J.   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.

   K.   Adult Use, Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

   L.   Adult Use, Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building, as a prevailing practice, excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

   M.   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.

   N.   Adult Use, Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

   O.   Adult Use, 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.

   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 a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

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

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

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

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

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

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

AGRICULTURAL BUILDING: All buildings, other than dwellings and accessory garages, which are incidental for agricultural purposes, including, but not limited to, barns, granaries, silos, farm implement storage buildings, and milk houses.

AGRICULTURAL PURPOSES: The raising, cultivation, drying, or storage of agricultural products for sale, or the storage of machinery or equipment used in support of agricultural production by the same farm entity. For a property to be classified as agricultural based only on the drying or storage of agricultural products, the products being dried or stored must have been produced by the same farm entity as the entity operating the drying or storage facility.

ALLEY: A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal access is on a public street.

AMUSEMENT PARK: The permanent use of land for the purpose of providing a variety of amusement facilities to the public for compensation either in the form of admission fees and/or fees for use of separate amusement facilities.

ANIMAL KENNEL: Any place where more than three (3) domestic animals of one type, over six (6) months of age, are kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.

ANIMALS:

   Domestic Animals: House pets such as dogs, cats, traditional and typical animal pets, and birds (not including pigeons, chickens, geese, turkeys or other domestic fowl) which can be contained within a principal structure throughout the entire year; provided, that the containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, the term includes rabbits normally sheltered outside the home.

   Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals traditionally and commonly accepted as farm animals in the State of Minnesota.

ANTENNA, PERSONAL WIRELESS SERVICE: A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof.

ANTENNA, PUBLIC UTILITY MICROWAVE: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

ANTENNA, RADIO AND TELEVISION, BROADCAST TRANSMITTING: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof.

ANTENNA, RADIO AND TELEVISION RECEIVING: A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof.

ANTENNA, SATELLITE DISH: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structures thereof.

ANTENNA, SHORT WAVE RADIO TRANSMITTING AND RECEIVING: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short wave radio communications, and including the supporting structure thereof.

ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

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

APARTMENT BUILDING: Three (3) or more dwelling units or apartments grouped in one building, with each unit sharing a common area for ingress and egress.

APPLICANT: The owner, his agent or other person having legal control, ownership and/or interest in land which the provisions of this title are being considered for or reviewed.

AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

AUTOMOBILE REPAIR, MINOR: Installation, including cellular telephones, audio systems, and minor repairs, upholstering, replacement of parts (tires, glass, etc.) and minor motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, but not including any operation specified under the definition of "automobile repair, major" in this section.

BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. See definition of story.

BAY: Cantilevered area of a room.

BOARDER: One who receives regular meals and/or regular meals and lodging for pay.

BOARDING (HOUSE) HOME, FOSTER CHILDREN: A family dwelling where children out of their own homes are cared for.

BOARDING (LODGING) HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten (10) persons.

BOUNDARY LINES: Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the City Zoning Map.

BREW ON PREMISES: A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use.

BREWERY: A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one- half of one percent (0.5%) alcohol by volume.

BREWERY, SMALL: A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota Statutes, as amended.

BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery.

BUFFER: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from the vision of another use or property.

BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this title have been met and excluding easements.

BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind, and includes any structure.

BUILDING AREA: The area included within surrounding exterior walls; areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof extending more than two (2) feet beyond the wall of the structure or within the area of the floor above.

BUILDING COVERAGE: The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.

BUILDING FOOTPRINT: The horizontal area of a building measured from the exterior surface of the exterior walls of the ground floor.

BUILDING HEIGHT:

   A.   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 (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade.

      2.   An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection A1 of this definition is more than ten feet (10') above lowest grade.

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

BUILDING LINE: A line parallel to the street right-of-way, or the ordinary high water level at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way.

BUILDING MATERIAL RELATED: For the purposes of this title, the following building materials or finishes shall be defined as:

   Acid Etch: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form, the element is allowed to harden to a uniform hardness. The element is then washed with an acid solution and scrubbed to remove the cement surface to a sand level resulting in a smooth, sand textured surface.

   Brick: The conventional molded rectangular block of baked clay, nominal four inch (4") width.

   Brick and Stone Face: A thin fired clay brick faced or stone faced architectural precast or tilt-up concrete panel with a cavity cast in, or a plate cast in if the brick runs to the bottom of the edge so that the brick can be set in the panel after its removal from the form exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic.

   Cast Stone: A finish achieved by ramming moist zero slump concrete against smooth rigid formwork until the product is densely compacted and ready for removal from the form. After curing, the panel may be hand rubbed or acid etched.

   Exposed Aggregate: A finish achieved by:

   A.   Casting against a form surface that has been painted with retarder that retards the set of the concrete at its surface.

   B.   Application of a chemical retarder to the surface of the form. The retarder prevents the matrix from hardening at the surface of the panel to a specific depth, controlled by the strength of the retarder. After curing, the unhardened layer of matrix at the surface of the panel is removed by a high pressure water washing, thus, exposing the aggregate used in the concrete.

   C.   Casting concrete against a smooth hard surface. After removal from the form, the finished surface is sandblasted to remove the matrix and expose, as well as etch, the coarse aggregate.

   Form Liners: A finish achieved by the use of plaster, rubber, grained wood, rope or other material as a liner in the casting form to impart a particular finish to the face of the panel.

   Light Sandblast: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form, the element is given a light sandblasting removing the cement skin from the surface resulting in a smooth, sand textured surface.

   Masonry Veneer: A finish having a manufactured non-structural external veneer layer of thin fired clay brick, or natural/artificial stone exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic either anchored or attached directly to an internal structural wall manufactured as a unit off-site.

   Natural Stone Veneer: A finish achieved by placing natural stone pieces into a form and casting concrete behind it resulting in a precast panel having a natural stone face.

   Smooth As Cast: Concrete placed against a hard, smooth formwork to achieve a smooth "as cast" finish on the precast element.

   Tooled: A finish achieved by casting concrete against a smooth or specifically textured or patterned formwork. After removal from the form, the hardened surface is treated mechanically to create the desired effect such as "fractured fin" or "bush hammered".

BUILDING SETBACK: The minimum horizontal distance between the building and the lot line.

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

CARPORT: A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on one or more sides.

CELLAR: That portion of a building between the floor and ceiling which is wholly or partly below grade and is so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

CEMETERY: A site or property set apart for the burial or interment of the dead.

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

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

CITY COUNCIL: The Governing Body for the City of Otsego.

CLEAR CUTTING: The removal of an entire stand of trees and/or vegetation.

CLUB OR LODGE: A nonprofit association of persons who are bona fide members paying annual dues, with the use of the premises being restricted to members and their guests.

CLUSTER DEVELOPMENT: The development patterns and techniques whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land as accomplished through a planned unit development.

COMMERCIAL RECREATION: Bowling alley, cart track, golf, billiards (pool) hall, dance hall, skating, firearms range, boat rental, amusement rides, campgrounds, private park, and similar uses.

COMMERCIAL STABLE: An agricultural use involving the keeping of horses or other farm animals, in numbers that do not constitute an animal feedlot, by providing services and facilities for boarding and care of animals not belonging to the property owner or tenant, breeding, and recreational or therapeutic riding programs for hire as part of a commercial enterprise.

COMMON OPEN SPACE: Any privately owned open space including private parks, nature areas, playgrounds, trails, and recreational buildings and structures which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.

COMMUNITY CENTER: A building or a room or group of rooms within a building designed specifically as a gathering place for the general public or for a specific segment of the general public and operated on a nonprofit basis.

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

CONCEPT PLAN: A report in map and text form submitted as the first phase of a planned unit development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the applicant.

CONDITIONAL USE: Those occupations, vocations, skills, arts, businesses, professions, or uses and/or related building/structures, or improvements specifically designated in each zoning use district or by this title, which, for the respective conduct or performance, may require reasonable, but special, peculiar, unusual or extraordinary limitations on facilities, plans, structures, conditions, modifications, or regulations for the promotion or preservation of the general public welfare, health, convenience and integrity of the City Comprehensive Plan and this title.

CONDITIONAL USE PERMIT: A permit issued by the City Council in accordance with procedures specified in this title, as a flexibility device to enable the City Council to assign dimensions to a proposed use or development or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

CONDOMINIUM: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes sections 515A.1-101 to 515A.4-118.

CONVENIENCE (FAST) FOOD ESTABLISHMENT: An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises. See also definition of drive-in restaurant.

CURB LEVEL: The elevation of the established curb in front of a building measured at the center of such front. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this title.

DAYCARE FACILITY: Any facility licensed by the State Department of Human Services, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home.

   Daycare, In Home: Any State licensed facility where childcare is provided to fourteen (14) or fewer children in the principal residence, as regulated by Minnesota State Statutes and Minnesota Rules.

   Group Daycare Center: Any location other than a residence which provides care for six (6) or more unrelated children at one time, for compensation, and which is licensed to provide such services by the Minnesota Department of Human Services. The term shall include, but is not limited to, uses such as nursery schools, day nurseries, childcare centers and drop in care centers.

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 and at any point extending more than three feet (3') aboveground.

DENSITY, RESIDENTIAL: A number expressing the relationship of the number of dwellings to an acre of land as established in the Comprehensive Plan.

DEPOSITION: Any rock, soil, gravel, sand or other material deposited naturally or by man into a water body or watercourse, floodplains or wetlands.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use.

DIVERSION: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

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

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

DRIVE-IN RESTAURANT: Any place or premises used for sale, dispensing or serving of food, refreshments or beverages on the premises, typically eaten in the customer's vehicle. See also definition of convenience (fast) food establishment.

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, boarding houses, or manufactured housing.

DWELLING, MULTIPLE (APARTMENT): A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits. A two-family dwelling (duplex) with a separate rooming unit(s) shall be considered and classified as a multiple-family dwelling.

DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for occupancy by one family.

   Attached: A dwelling which is joined to another at one or more sides by a party wall.

   Detached: A dwelling unit not attached to another dwelling or structure or is entirely surrounded by open space.

DWELLING SITE: A designated location for residential use by one or more persons using temporary or moveable shelter, including camping and recreational vehicle sites.

DWELLING, TWO-FAMILY: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. A two-family dwelling (duplex) with a separate rooming unit(s) shall be considered and classified as a multi-family dwelling.

   Double Bungalow: A two-family dwelling with two (2) units side by side.

   Duplex: A two-family dwelling unit with one unit above the other.

DWELLING UNIT: A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, resorts, tourist homes, or trailers.

DWELLING UNIT OCCUPANCY: Occupancy of a dwelling unit for the purpose of enforcing provisions of this title shall be limited by restrictions as included in the definition of family in this section.

DWELLING UNIT, TEMPORARY: A residence allowed for a specific time which is intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating. Temporary dwelling units shall not include garages, tents, or accessory buildings.

EARTH BERM (HOUSE CONSTRUCTION): An earth covering on the above grade portions of the building walls.

EARTH SHELTERED BUILDING: A building so constructed that fifty percent (50%) or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in nonresidential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or substructure for above grade construction. A partially completed building shall not be considered earth sheltered.

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

EFFICIENCY APARTMENT (DWELLING UNIT): A one room dwelling unit consisting of one principal room having cooking facilities and used for combined living, dining and sleeping purposes.

ELDERLY (SENIOR CITIZEN) HOUSING: A public agency owned or controlled multiple dwelling building with open occupancy limited to persons over sixty two (62) years of age.

ENGINEER: The registered engineer employed or retained by the City, unless otherwise stated.

EROSION: The wearing away of land surface by the action of natural elements.

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

ESSENTIAL SERVICE STRUCTURES: Structures and buildings necessary for the operation of essential services, including, but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, and lift stations.

EXCAVATION: Any removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone or other material creating a depression or depressions.

EXCAVATION FOR TRANSPORT: The practice of excavating material for transport of said material off of the land on which the excavation occurs that is not related to development for an approved subdivision or site plan.

EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

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 Minnesota Statutes sections 93.44 to 93.51.

FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than three (3) persons who need not be related by blood or marriage, living together in a dwelling unit. (The number of persons herein defined is the basis upon which performance standards are established within this title.)

FARM: An unplatted tract of land containing at least ten (10) acres or more, or two (2) or more abutting parcels under the same ownership having an area of at least ten (10) acres, measured from the centerline of abutting roads, usually with a house and other buildings, which is principally used for commercial agricultural activities such as raising cash crops and/or livestock in numbers which do not constitute an animal feedlot, unless the operation is allowed to keep a larger number of animals pursuant to rights as specified in chapters 15 and 27 of this title.

FARM, HOBBY: A platted or unplatted tract of land generally consisting of ten (10) or less acres in size with a house and accessory buildings on which crops and often livestock are raised but not as a principal or major source of income. A hobby farm shall not qualify for exemptions provided in this title for farms.

FARM WINERY: A winery operated by the owner of a Minnesota farm producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients produced on the premises.

FARMING: The process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings related to operating the farm, and the limited keeping of animals which does not constitute an animal feedlot, unless the operation is allowed to keep a larger number of animals pursuant to rights as specified in chapter 15 of this title.

FARMSTEAD: A dwelling unit surrounded by or connected to a farming operation, all under single ownership.

FEEDLOT RELATED:

   Animal Feedlot Permit: A permit issued by the Minnesota Pollution Control Agency (MPCA) when the potential pollution hazard will not be corrected within ten (10) months of the date of permit issuance or when manure is not used as domestic fertilizer. This permit shall contain such conditions and requirements as the agency deems necessary in order to ensure compliance with applicable State rules.

   Animal Unit (AU):

   A.   A unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this title, the following equivalents shall apply:

Animal	AU Per Animal
1 mature dairy cow	1.40
1 slaughter steer or heifer	1.00
1 horse	1.00
1 swine over 55 pounds	0.40
1 duck	0.20
1 sheep	0.10
1 swine under 55 pounds	0.05
1 turkey	0.018
1 chicken	0.01

 

   B.   For animals not listed in subsection A of this definition, the number of animal units shall be defined as the average weight of the animal divided by one thousand (1,000) pounds.

   Domestic Fertilizer:

   A.   Animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or

   B.   Animal manure that is used as compost, soil conditioners or specialized plant beds.

   Earthen Basin: A dike or excavated structure, often lined with clay or synthetic liner, in which manure is stored. The basin is emptied at least once each year. It is designed by a professional engineer or Natural Resources Conservation Service/Soil and Water Conservation District (NRCS/SWCD) technician.

   Feedlot, Animal: A lot or building, or combination of lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts, nor shall any area as above described which contains ten (10) animal units or less.

   Feedlot, New Animal: An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a preexisting animal feedlot has been abandoned or unused for a period of five (5) years or more.

   Feedlot, Operator: An individual, a corporation, a group of individuals, a partnership, joint venture, owner or any other business entity having charge or control of one or more livestock feedlots, poultry lots or other animal lots.

   Interim Permit: A permit issued by the MPCA which expires no later than ten (10) months from the date of issuance.

   Lagoon: A manure treatment structure, typically earthen. Lagoons can be aerobic, anaerobic, or facultive depending on their design. An anaerobic lagoon is different from an earthen storage basin in that the lagoon is managed for manure treatment. Anaerobic lagoons are only partially emptied each year whereas earthen storage basins are emptied once or twice a year.

   Manure, Animal: The fecal and urinary excretions of livestock and poultry. Manure can include bedding material and water used for livestock. Types of manure have descriptive names such as liquid, slurry and solid. Manure that has a content of more than ninety six percent (96%) moisture is liquid. Manure with a moisture content between ninety percent (90%) and ninety six percent (96%) is referred to as slurry. A moisture content of less than eighty four percent (84%) is considered solid.

   Pastures: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or water devices.

FENCE: Any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure.

   Fence, Boundary Line: All fences located within five feet (5') of a property line.

   Fence Height: The distance from the adjacent finished grade to the highest projection of a fence structure, not including support posts; provided, that the support posts are no more than four inches (4") above the fence structure.

   Fence, Interior Yard: All fences located five feet (5') from a property line.

FILLING: The act of depositing any rock, soil, gravel, sand or other material so as to fill natural topography, a water body, watercourse, or wetland.

FLOODPLAIN RELATED:

   Accessory Structure: A structure that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation.

   Base Flood: The flood having a one-percent chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, part 6120.5000.

   Base Flood Elevation (BFE): The elevation of the base flood, regional flood, or one-percent annual chance flood. The term "base flood elevation" is used in the flood insurance study.

   Basement: Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

   Building: See STRUCTURE.

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

   Critical Facilities: Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.

   Equal Degree Of Encroachment: A method of determining the location of the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

   Farm Fence: An open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes, section 344.02, Subd. 1(a-d).

   FEMA: Federal Emergency Management Agency.

   Flood: A temporary rise in stream flow or water surface elevation from any source that results in the inundation of normally dry land areas.

   Flood Fringe: The portion of the one-percent (1%) annual chance floodplain located outside of the floodway. This district shall be extended laterally to the 0.2-percent annual chance floodplain, where mapped.

   Flood Insurance Rate Map (FIRM): An official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

   Flood Insurance Study (FIS): The study that is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

   Floodplain: The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

   Floodproofing: A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

   Floodway: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot (0.5').

   General Floodplain: Those floodplains designated on the Flood Insurance Rate Maps, but that do not have a delineated floodway.

   Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR § 60.3.

   Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

   New Construction: Structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures.

   Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.

   Recreational Vehicle: A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for the purposes of this title. For the purposes of this title, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

   Regulatory Flood Protection Elevation (RFPE): An elevation that is one foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.

   Repetitive Loss: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

   Stage Increase: Any increase in the water surface elevation during the one-percent annual chance flood caused by encroachments on the floodplain.

   Start Of Construction: Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

   Structure: A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready shall also be considered a structure for the purposes of this ordinance.

   Substantial Damage: Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

   Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

   1.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

   2.   Any alteration of a historic structure defined in 44 CFR § 59.1 provided that the alteration will not preclude the structure's continued designation as a "historic structure".

   Watercourse: A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of all floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The floor area of a residence shall not include the cellar area.

FRONTAGE: That boundary of a lot which abuts an existing or dedicated public street, watercourse or similar barrier.

GARAGE, PRIVATE (RESIDENTIAL): An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and noncommercial trucks not exceeding twelve thousand (12,000) pounds' gross weight of the family or families resident upon the premises and in which no business service or industry is carried on unless specifically authorized by this title.

GARAGE, PUBLIC: Any garage other than a private garage. May also mean parking ramp.

GAS STATION: See definition of motor fuel station.

GOVERNING BODY: The Otsego City Council.

GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and line five feet (5') from the building.

GRADING: Changing the natural or existing topography of land.

GUESTROOM: A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.

HALFWAY HOUSE: See definition of residential care facility.

HEALTH CLUB: A facility which provides athletic activities such as tennis, handball, racquetball, track, basketball, exercise devices, etc., and such incidental services as whirlpool, sauna or massage service for members and guests.

HERITAGE PRESERVATION COMMISSION: The Otsego Heritage Preservation Commission.

HERITAGE PRESERVATION SITE: Any area, place, building, landmark, structure, lands, districts, or other objects which have been duly designated heritage preservation sites pursuant to chapter 96 of this title.

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

HOME OCCUPATION: Any occupation or profession engaged in by the occupant of a residential dwelling unit which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.

HOME OFFICE: A home occupation consisting of a room or group of rooms used for conducting affairs of a recognized business, profession, or service that does not involve the on-site sale of products or client/patron site visitations operated solely by the occupant of the dwelling and not more than one (1) person that does not reside within the dwelling.

HOTEL: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guestrooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly.

HOUSING SHELTER; TEMPORARY HOUSING: A facility operated by the public or a nonprofit charitable group or institution which provides one or more transient/homeless persons with lodging and meals for short periods of time in a place other than a person's own home.

IMPERVIOUS SURFACE: An artificial or natural surface through which water, air, or roots cannot penetrate.

IMPORTATION OF FILL: The transport of sod, dirt soil, sand, gravel, stone or other material natural to the surface of the earth, but not including mixed Municipal solid waste, construction debris, recyclable metal, plastic, glass or paper material or other waste, brought onto a land as part of a grading operation not related to development for an approved subdivision or site plan.

INSTRUCTIONAL CLASSES: A business that provides instruction in specific areas of knowledge or activities including, but not limited to, cooking, dance, dog training, martial arts, music and musical instruments, pottery, and/or yoga.

INTERIM USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.

JUNKYARD: An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other materials, paper rags, rubber, tires, lumber, and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within closed buildings nor sanitary landfills.

KENNEL: Any lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit.

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

LANDSCAPING: Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

LOADING SPACE: A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

LOT: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.

LOT AREA: The total land area of a horizontal plane within the lot lines.

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

LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).

LOT DEPTH: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.

LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2) streets.

LOT, FRONT: The front of a lot shall be considered to be that boundary abutting a public right-of-way having the least width.

LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

LOT, INTERIOR: A lot, other than a corner lot, including through or double frontage lots.

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.

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 (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT OF RECORD: Any lot which is legally established according to applicable regulations at the time of its creation, which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the Office of the Register of Deeds or Registrar of Titles for Wright County, Minnesota, prior to the effective date hereof.

LOT, REVERSED FRONTAGE: A lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may be a corner lot or an interior lot.

LOT, SUBSTANDARD: A lot or parcel of land for which a deed has been recorded in the Office of the Wright County Recorder upon or prior to the effective date hereof which does not meet the minimum lot area, structure setbacks or other dimensional standards of this title.

LOT, THROUGH: A lot fronting on two (2) parallel streets.

LOT, UNIT: Lots created from the subdivisions of a base lot for a two-family dwelling, townhome, or quadraminium dwelling having different minimum lot size requirements than the conventional base lots within the zoning district.

LOT WIDTH: The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth at the minimum building setback line. If no setback line is established, the distance between the side lot lines measured along the public right-of-way.

MANOR HOME: A residential structure with five (5) to eight (8) units with each unit having a separate entrance/exit. There may be more than one floor and an attached garage space.

MANUFACTURED HOME: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) 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 therein; except, that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statutes chapter 327.

MANUFACTURED HOME LOT: A section of ground in a manufactured home park designated as the location of one housing unit, and all other necessary improvements required by this title.

MANUFACTURED HOME PARK: Any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.

MEDICAL AND DENTAL CLINICS: A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.

METES AND BOUNDS DESCRIPTION: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.

MICRO-DISTILLERY: A distillery producing premium distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as regulated by Minnesota Statutes, as amended.

MINERALS: Soil, clay, stone, sand and gravel and other similar solid material or substance to be mined from natural deposits.

MINING: All or part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.

MOBILE HOME SUBDIVISION: A subdivision containing a minimum of ten (10) lots, allowing both conventional homes and mobile homes. Existing subdivisions containing a minimum of thirty percent (30%) mobile homes shall be defined as mobile home subdivisions.

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

MOTEL/MOTOR HOTEL: A building or group of detached, semidetached or attached buildings containing guestrooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.

MOTOR FUEL STATION: A place where gasoline is stored only in underground tanks for operation of automobiles and retailed directly to the public on premises, and including minor accessories, but not including truck stops.

NONCONFORMING STRUCTURE, USE OR LOT - ILLEGAL: A lot, building, structure, premises, or use unlawfully established and in violation of regulations applicable at the time of development or initiation.

NONCONFORMING STRUCTURE, USE OR LOT - LEGAL: A lot, building, structure, premises, or use lawfully established prior to the effective date hereof or any amendment hereto which does not now conform with the applicable conditions or provisions of this title for the district in which the structure or use is located.

NOXIOUS MATTER: Any solid, liquid, or gaseous material including, but not limited to, gases, vapors, odor, dusts, mists, or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare or causes damage to property.

NURSERY, LANDSCAPE: A business growing and selling trees, flowering and decorative plants, and shrubs.

NURSING HOME: A private building with facilities for the care of children, the aged, or the infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury. The nursing home shall be licensed by the State Board of Health as provided in Minnesota State Statutes.

OCCUPANCY: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

OFF SITE SERVICE BUSINESS: A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character.

OFF STREET PARKING SPACE: An area of such shape and dimensions as provided by this title, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle, which has adequate access to a public street or alley, and permitting satisfactory ingress and egress of an automobile.

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

OFFICE, MEDICAL: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional medical or dental service operations, outpatient health services, and other uses of similar character.

ON SITE SERVICE BUSINESS: An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus unless.

OPEN SALES LOT: Land devoted to the display of goods for purchase, sale, rent, lease or trade where such goods are not enclosed within a building, and for the storage of same prior to sale.

OPEN SPACE: Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development.

OPEN SPACE CLUSTER DEVELOPMENT RELATED:

   Building Envelope: The boundaries on a home site lot within which all construction requiring a building permit may occur.

   Cluster; Cluster Development; Neighborhood Cluster: A grouping of residential or other structures arranged with the expressed intent of preserving open spaces and natural resources for community use, establishing a sense of community among residents, and reducing the costs and impact of infrastructure development and service delivery.

   Neighborhood: A district, or area, distinguishable by some identifiable feature or point of reference, in which people live in close proximity to one another.

   Open Space: Undeveloped land of the subdivided property providing visual expanses and recreational areas clear of obstructions other than natural vegetation, or structures directly related to the use and enjoyment of these spaces. Open spaces may include natural habitats, places for neighborhood recreation, and pedestrian corridors.

   Open Space, Natural Habitat: Contiguous, connected areas preserved or restored in their natural condition where indigenous plants and animals live, or fields and pastures associated with agricultural uses.

   Open Space, Neighborhood Recreation: Specific areas, such as playground parks, greens, and commons, spatially defined and maintained for human recreational activity.

   Open Space, Pedestrian Corridors: Linear areas for pedestrian travel between open spaces or places of destination, such as walking trails and bicycle paths.

   Open Space, View Shed: A directional view or vista of an open space from a specified location.

OPEN STORAGE: Storage of material outside of a building.

OUT PATIENT CARE: Medical examination or service available to the public. 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.

OUTLOT: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit shall be issued.

OVERBURDEN: The earth, rock and other materials that lie above a natural deposit of mineral.

OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property.

PARCEL: An individual lot or tract of land.

PARTY WALL: A common wall which divides two (2) independent structures by a fire wall.

PAWNSHOP: The location at which or premises in which a pawnbroker regularly conducts business.

PERFORMANCE STANDARD: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.

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 and this title.

PERSON: Any individual or legal entity.

PLANNED UNIT DEVELOPMENT: A. As a conditional use permit, a development procedure whereby internal site design standard deviations from this title may be allowed in order to accommodate two (2) or more principal structures, or flexibility for established lot requirements, setbacks, building requirements or other performance standards for improved site design and operation.

   B.   As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this title, and/or whereby internal site design standard deviations from this title may be allowed to improve site design and operation.

PLANNING COMMISSION: The Otsego Planning Commission.

POLE BUILDINGS: Any structure possessing the following characteristics: structural wood poles or timbers buried in ground on individual footings; metal wall coverings hung vertically of less than twenty eight (28) gauge. This definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any similar structure not covering or enclosing a specific area.

PREFABRICATED HOME: See definition of manufactured home.

PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be a permitted, interim, or conditional use.

PROCESSING FACILITY: A building or enclosed space used for the collection and processing of recyclable materials. Processing does not include end use manufacturing or industrial use but may include the preparation of material for efficient shipment or end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

   Heavy Processing Facility: Any processing facility other than a light processing facility and may shred, compact, or bale ferrous metals other than food and beverage containers.

   Light Processing Facility: Occupies an area of under forty five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

PROTECTIVE COVENANTS: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.

PUBLIC USES: Uses owned or operated by Municipal, school districts, County, State, or other governmental units.

PUBLIC UTILITY: Any person, firm, corporation, Municipal department or board fully authorized and furnishing under Municipal regulation to the public electricity, gas, communication services, transportation, water or the like.

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

QUADRAMINIUMS: Single structures which contain four (4) subdivided dwelling units all of which have individually separate entrances from the exterior of the structure.

RAILROAD RIGHT-OF-WAY: A strip of land with railway tracks and auxiliary facilities for track operation.

RECREATION FIELD OR BUILDING: An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semipublic use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this title.

RECREATIONAL VEHICLE: Includes manufactured homes less than thirty five feet (35') in overall length, including those with telescope or fold down, chassis, mounter campers, house cars, motor homes, tent trailers, slip in campers (those mounted in a pickup truck or similar vehicle), converted buses, and converted vans used primarily for recreational purposes. Cars used for racing shall not be included within this definition.

RECYCLABLE MATERIALS: Materials that are separated from mixed Municipal solid waste for the purpose of recycling, including paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse derived material or other material that is destroyed by incineration is not a recyclable material.

RECYCLING FACILITY: A center for the collection, processing or repair of recyclable materials for reuse in their original form or use in manufacturing processes. Recycling facilities may include the following:

   Collection Facility: A place where the public may donate, redeem, or purchase recyclable materials. Collection facilities may include vending machines, mobile units, unattended containers placed for the donation of recyclable materials and permanent structures.

   A.   Mobile Recycling Unit: An automobile, truck, trailer or van which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, used for the collection of recyclable materials.

   B.   Reverse Vending Machines: An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans and glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

   Designated Recycling Center: A recycling facility which has complied with the permitting rules of the Pollution Control Agency and is open a minimum of twelve (12) operating hours each week, twelve (12) months per year, and accepts for recycling at least four (4) different materials such as paper, glass, plastic, and metal.

RESIDENTIAL CARE FACILITY: A facility or program licensed by the State Department of Human Services or County Commissioner of Health that provides care in or outside of a person's own home:

   Boarding Care Home: A licensed facility or unit used to provide care for aged or infirmed persons who require only personal or custodial care and related services in accordance with these regulations. A boarding care home license is required if the persons need or receive personal or custodial care only. Nursing services are not required. Examples of personal or custodial care: board, iron, laundry and personal services, supervision over medications which can be safely administered, plus a program of activities and supervision required by persons who are not capable of properly caring for themselves.

   Nonresidential Program: Care, supervision, rehabilitation, training or habilitation of a person outside the person's own home and provided for fewer than twenty four (24) hours a day, including adult daycare programs and chemical dependency or chemical abuse programs that are located in a nursing home or hospital and receive public funds for providing chemical abuse or chemical dependency treatment services under Minnesota State Statutes chapter 254B. Nonresidential programs include home and community based services and semi-independent living services for persons with developmental disabilities that are provided in or outside of a person's own home.

   Residential Program: A program that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, and habilitation for four (4) or more persons with developmental disabilities and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment programs under Minnesota State Statutes chapter 254B. Residential programs include home and community based services for persons with developmental disabilities that are provided in or outside of a person's own home.

RESTAURANT: An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.

RETAIL: The sale of items in small quantities directly to the consumer.

RETAIL BUSINESS: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales.

ROOFLINE: The top of the coping; or when the building has a pitched roof, at the intersection of the outside wall with the roof.

RURAL SERVICE AREA: That portion of the City, as defined by the Comprehensive Plan, which is currently and is intended to remain rural and agricultural in character and development.

SCHOOL: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the state of Minnesota, and not providing residential accommodations.

SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source.

SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws of the state of Minnesota, for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit.

SECONDARY USE: A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.

SECONDHAND DEALER: A person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased. The term secondhand dealer shall include pawnbroker and antique shops.

SELF STORAGE FACILITY: A facility containing separate and private individual spaces of varying sizes leased or rented only for the storage of personal property where an individual renter or leasee control and access an individual space via its own access door; the facility may also include ancillary activities such as a facility office, retail sales of moving supplies, and/or rental of moving vehicles and trailers.

SELF STORAGE FACILITY, INDOOR: A fully enclosed building that is climate controlled containing separate and private individual spaces of varying sizes leased or rented only for the storage of personal property where an individual renter or leasee control and access an individual space via its own access door that is interior to the building and not directly accessed via an exterior door; the facility may also include ancillary activities such as a facility office, retail sales of moving supplies, and/or rental of moving vehicles and trailers.

SEMIPUBLIC USE: Uses owned by private or private nonprofit organizations which are open to some, but not all, of the public, such as denominational cemeteries, private schools, clubs, lodges, recreation facilities, churches, etc.

SEPTIC SEWER SYSTEM: A septic sewer disposal system consists of: septic tank, absorption field of standard trenches or a dry well, house sewer and outlet sewer. In the septic tank, bacterial action breaks down sewage. Standard trenches or a dry well handles final disposal of liquid from the septic tank. The house sewer brings wastes to the tank, and the outlet sewer carries sewage liquids (effluent) from the absorption field.

SETBACK: The minimum horizontal distance between a structure and the property line nearest thereto. Within shoreland districts, the term shall also mean the minimum horizontal distance between a structure or a sanitary facility and the normal high water mark. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.

SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in this Code.

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.

SHOPPING CENTER: An integrated grouping of commercial stores, under single ownership or control.

SHORELAND RELATED:

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

   A.   Part or all of the feature is located in a shoreland area.

   B.   The slope rises at least twenty five feet (25') above the ordinary high water level of the water body.

   C.   The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater.

   D.   The slope must drain toward the water body.

     Bluff Impact Zone: A bluff and land located within twenty feet (20') from the top of a bluff.

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

     Commissioner: The Commissioner of the Department of Natural Resources.

     Forest Land Conversion: The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

    Intensive Vegetation Clearing: The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

    Ordinary High Water Level: The boundary of public waters and 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.

    Public Waters: Any waters as defined in Minnesota Statutes section 103G.005, subdivisions 14 and 15. However, no lake, pond, or flowage of less than ten (10) acres in size in municipalities and twenty five (25) acres in size in unincorporated areas need be regulated for the purposes of Minnesota Rules parts 6120.2500 to 6120.3900. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from Minnesota Rules parts 6120.2500 to 6120.3900. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner.

    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.

    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 fifty percent (50%) of the structure setback.

    Shoreland: Land located within the following distances from public water: one thousand feet (1,000') from the ordinary high water level of a lake, pond, or flowage; and three hundred feet (300') from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.

    Shoreland Commercial Planned Unit Developments: Typically uses that provide transient, short term lodging spaces, rooms, or parcels and their operations are essentially service oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service oriented activities.

    Shoreland Residential Planned Unit Development: A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.

    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 Minnesota Statutes section 307.08. 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.

    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 these regulations. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, that are not bluffs.

    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.

    Toe Of The Bluff: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

    Top Of The Bluff: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).

    Water Oriented Accessory Structure Or Facility: A small, aboveground building or other improvement, except stairways, fences, dock, 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.

SIGN RELATED:

    Address Sign: A sign communicating only a street address.

    Advertising Sign: Any permanent nongovernmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located.

    Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign.

    Area Identification Sign: A freestanding sign identifying the name of a single-family residential subdivision consisting of twenty (20) or more lots; a residential planned unit development; a multiple residential complex consisting of three (3) or more structures; an office or business structure or development containing three (3) or more independent operations; a single business consisting of three (3) or more separate structures; a manufactured home court; or any integrated combination of the above.

    Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources.

    Awning, Canopy Or Marquee Sign: A written or graphic message, identification or advertisement, as part of or permanently or semipermanently affixed to an awning, canopy, marquee or other similar device. Where lighting is incorporated with the awning, canopy or marquee, the apparatus shall not be construed as a sign exclusive of the area physically designed to form the message, identification or advertisement thereto.

    Balloon Sign: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air.

    Banners: Attention getting devices which resemble flags and are of a paper, cloth or plastic like consistency.

    Billboard: An off site sign used to advertise products, goods, or services not exclusively related to the premises on which the sign is located. An advertising sign.

    Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

    Business Sign: Any sign which identifies a specific business, either retail, wholesale, or industrial, or which identifies a profession and is located upon the subject property.

    Campaign Sign: A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.

   Canopy Sign: See definition of sign related: awning.

   Changeable Copy Sign: 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.

   Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, nonpictorial 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.

   Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment intended for, characteristic of or related to commerce.

   Construction Sign: A sign at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.

     Copy: The wording on a sign surface, either permanent or removable letter form.

     Crop Demonstration Sign: A sign identifying agricultural products utilized upon the subject property.

     Directional Sign: A sign erected with the address and/or name only of a business, development project, institution, church or other use or activity plus directional arrows or information on location.

     Directory Sign, Private: An exterior information wall sign, or a freestanding sign identifying the names of residences, businesses or professional offices served by a common public entrance such as an apartment complex, shopping center, or office building.

     Directory Sign, Public: A sign, group of signs on a sign panel or any identifiable object intended to communicate a public message or direction when located on public property as may be approved by the Otsego City Council.

     Double Sided Sign: A sign with two (2) faces back to back, or a V-type sign with an angle not exceeding twenty degrees (20°). Only one side of a double sided sign shall be used in computing total surface area.

    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.

    Electronic Graphic Display Sign: 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.

     Farm Identification Sign: A sign identifying the name and/or type of farming activity practices upon the subject property.

   Flashing Sign: 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.

    Freestanding Sign: A self-supported sign not affixed to another structure.

     Freeway Corridor Sign District: A special signing district encompassing the following areas:

   A.   Land located within two thousand six hundred forty feet (2,640') of the Interstate 94 right-of- way.

   B.   Land located within six hundred sixty feet (660') of the right-of-way for TH 101 or land within that area between the rights-of-way of Quaday Avenue and TH 101 and lands between the rights-of-way of Queens Avenue and TH 101, whichever is more restrictive.

   Ground Or Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or freestanding support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement.

   Historical Sign: A sign commemorating places of local, State, or national historical significance.

   Holiday Sign: Signs or displays which contain or depict a message pertaining to a religious, national, State, or local holiday.

    I-94 Corridor Sign District: A special signing district encompassing land located within two thousand six hundred forty feet (2,640') of the Interstate 94 right-of-way.

    Identification Sign: A sign which identifies the business, owner, manager, resident, or address of the premises where the sign is located and which contains no other material.

    Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source.

    Informational Sign: Any on site sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification.

    Institutional Sign: A sign which identifies the name and other characteristics of a public or semipublic institution on the site where the sign is located.

    Integral Sign: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure.

    Marquee: See definition of sign related: canopy sign.

    Maximum Height Of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign.

    Menu Board: A sign containing a food price list for restaurant customers, but containing no advertising or identification.

    Message Sign: A sign which allows for the graphic and/or verbal content to be changed, when desired, through electronic or manual methods.

    Monument Sign: A block type sign structure not supported by poles or braces, but rather placed directly on the ground.

    Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion.

    Multivision Sign: 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 (2) or more images.

    Noncommercial Speech: Dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

    Nonprofit Organization: A corporation formed under Minnesota State Statutes chapter 317 and which is formed for a purpose not involving pecuniary gain to its shareholders or members and paying no dividends or other pecuniary enumeration, directly or indirectly, to its shareholders or members, or a community or civic group such as the Lion's Club, League of Women Voters, etc.

   Parapet: A low wall which is located on a roof of a building.

   Permitted Signs: Signs allowed with or without a permit.

   Political Sign: A sign used exclusively to call attention to the candidacy of any individual or party for elective office which appears on the official ballot to be voted upon by the citizens of the City.

    Portable Sign: A sign so designed as to be moveable from one location to another and which is not permanently attached to the ground, sales display device or structure. A temporary sign.

   Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets.

   Prohibited Signs: Signs not allowed in the City.

   Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.

   Public Entrance: Any passage or opening which affords entry and access to the general public or customer.

   Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants.

    Public Signs: Signs of a noncommercial nature and in the public interest, erected by or on the order of a public officer in the performance of his or her public duty.

   Pylon Sign: A freestanding sign mounted on top of a single post which is greater than ten feet (10') in height.

   Reader Board: A message sign with an electronic changing message.

    Real Estate Development Project Sign: A temporary business sign advertising a new subdivision or development.

    Real Estate Sign: A business sign placed upon a property advertising that particular property for sale, or for rent or for lease.

    Roof Line: The top of the coping or, when the building has a pitched roof, the intersection of the outside wall with the roof.

    Roof Sign: A sign erected, constructed or attached wholly or in part upon or over the roof of a building.

     Rummage Sale Sign: Temporary signs announcing a noncommercial rummage or garage sale.

     Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image.

     Sign: The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, a firm, a profession or business and are visible to the general public.

     Sign Area: The area within the marginal lines of the surface of a sign which bear the advertisement or, in the case of messages, figures or symbols attached directly to a building or sign structure; that area which is included in the smallest rectangle or series of geometric figures used to circumscribe the message, figure or symbol displayed thereon.

     Sign Structure: The supports, uprights, bracing and framework for a sign including the sign area.

     Street Frontage: The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot has two (2) or more frontages.

    Temporary Sign: A sign erected or displayed for a specified period of time.

     Time And/Or Temperature Sign: A sign that displays the current time and/or temperature without advertising material, company name, logo or other identifying marks.

     Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement.

     Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic.

    UL Approved: A device which has been approved by the "Underwriters' Laboratories (48)", a U.S. nonprofit organization which establishes standards for electrical equipment.

     Video Display Sign: 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.

     Wall Graphics: A sign painted directly on an exterior wall.

     Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve inches (12") from the surface to which it is attached, nor extend beyond the top of the parapet wall.

     Window Sign: A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.

SITE PLAN: A map, drawn to scale, depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways, as related to a proposed development.

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

SMALL WIRELESS FACILITY:

   A.   A wireless facility that meets both of the following qualifications: 1) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and 2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than twenty eight (28) cubic feet in volume; or,

   B.   A micro wireless facility.

SOLAR ENERGY SYSTEM: Any solar collector or other solar device or any structural design of a building whose primary purpose is to collect, convert and store solar energy for useful purposes including heating and cooling of buildings, domestic water heating, electric power generation and other energy using processes.

STACKING AREA (MAGAZINE SPACE): That area which allows for a line of automobiles in such instances as drive-up tellers and other vehicle service areas.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, including belowground portions of earth sheltered buildings; 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 basement, or unused under floor space, is more than six feet (6') above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade, as defined herein, at any point, such basement or unused under floor space shall be considered a story.

STREET: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.

STREET, COLLECTOR: Collector roadways connect neighborhoods within and between subregions and distribute traffic between arterials and local streets. Parking is restricted as necessary and posted speed limits typically range between thirty (30) and forty five (45) miles per hour. Collector streets typically should have two (2) driving lanes, two (2) parking lanes, and a bicycle/pedestrian surface if necessary. Collector streets are typically spaced 0.25 to 1.0 mile apart. Traffic control typically involves local street stops, four-way stops, and some traffic signals. Collectors typically carry one thousand (1,000) to fifteen thousand (15,000) vehicles per day.

STREET, INTERMEDIATE ARTERIAL: Intermediate arterials function at a level between the minor arterial and major arterial categories. Intermediate arterials are not limited access facilities but serve primarily trips between rather than within subregions.

STREET, LOCAL: Local streets provide direct land access within neighborhoods and other homogeneous land use areas and provide connections to collector streets. Parking is usually unrestricted, the posted speed limit is thirty (30) miles per hour or less, and streets are two (2) lanes wide plus space for parking. Traffic control is most likely to involve strategies such as stop signs, cul-de-sacs, and diverters. Local streets typically carry about one thousand (1,000) vehicles or less per day. Residential streets typically carry about ten (10) trips per household per day.

STREET, MINOR ARTERIAL: Minor arterials connect adjacent subregions and activity centers within subregions. Land access is usually restricted and trips are somewhat longer than on collector streets. Parking is often restricted and the posted speed limit is thirty five (35) to forty five (45) miles per hour. Width is dependent on the volume carried. Minor arterials are typically spaced 0.5 to 2.0 miles apart. Traffic control typically includes traffic signal timing and land access spacing. Typical traffic volumes range from five thousand (5,000) to thirty thousand (30,000) ADT.

STREET PAVEMENT: The wearing or exposed surface of a street or roadway used by vehicular traffic.

STREET, PRINCIPAL (MAJOR) ARTERIAL: Major arterials provide a high level of mobility between subregions, serving medium to long distance trips. Principal arterials are grade separated or have high capacity controlled at grade intersections. No parking is permitted, the posted speed limit is typically forty (40) to sixty five (65) miles per hour and traffic volumes range from ten thousand (10,000) to fifty thousand (50,000) ADT. Major arterials are typically spaced one to three (3) miles apart (see City transportation plan).

STREET WIDTH: The shortest distance between the lines delineating the right-of-way of a street.

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

STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner, whether temporary or permanent in character. Among other things, structures include buildings, manufactured homes, walls, fences, swimming pools, billboards and poster panels.

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

SURVEYOR: A land surveyor registered under Minnesota State laws.

SWIMMING POOL: Any pool, tank, depression or excavation inground or aboveground, including swimming pools, spas and hot tubs but not including stormwater facilities, which causes or has the capacity to retain water with a depth greater than thirty inches (30") and which is intended to be used by individuals for swimming, wading or immersion purposes.

TAPROOM: An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota Statutes, as amended.

TASTING ROOM: An area for the on-sale consumption of distilled spirits or wine produced on the premises of or abutting a winery or distillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the winery or distillery for off premises consumption as may be allowed by Minnesota Statutes, as amended.

TOWNHOUSES: Structures housing three (3) or more dwelling units contiguous to each other only by the sharing of one common wall, such structures to be of the townhouse or rowhouse type as contrasted to multiple apartment structures.

TRANSPORTATION TERMINAL: Taxi, air, train, bus and mass transit terminal and storage areas.

TRAVEL TRAILER:

   A.   Any vehicle or structure designed and used for human living quarters which meets all of the following qualifications:

      1.   Is not used as the permanent residence of the owner or occupant.

      2.   Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities.

      3.   Is towed or otherwise transported by its own or by other motive power, on the public streets or highways incidental to such recreational or vacation activity.

   B.   The term "travel trailer" shall not include manufactured home.

   C.   The term "travel trailer" shall include, but not be limited to, campers, camper tents, house trailers, camping trailers, travel trailers, tent trailers and any other self-propelled vehicle constructed to provide living accommodations. (See also definition of recreational vehicle.)

TRAVEL TRAILER PARK: A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodation for any travel trailers as defined herein, and upon which said trailers are parked. The term "travel trailer park" shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for the use of the park and its facilities or not. "Travel trailer park" shall not include automobile, mobile home or trailer sales lots on which unoccupied trailers or mobile homes are parked for purposes of inspection and sale.

TRIPLEX: Single structures which contain three (3) subdivided dwelling units all of which have individually separate entrances from the exterior of the structure.

TRUCK STOP: A motor fuel station devoted principally to the needs of semitractor trailers and straight trucks (Class 4 or larger), including short term parking areas for required operator rest periods, or repair (including major auto repair and tire services), dispensing of motor fuel, truck scale, and the sale of accessories or equipment for trucks and similar commercial vehicles; a truck stop may also include overnight accommodations, lounge areas, shower facilities, convenience or full service restaurants, a car and/or truck wash, or other ancillary uses, which also serve the travelling public in general.

URBAN SERVICE AREA: That portion of the City, as geographically defined by the Comprehensive Plan, which is or has the future potential for development at urban densities and/or urban uses and in which urban improvements may be required.

USABLE OPEN SPACE: 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.

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 title.

VARIANCE: A modification of or variation from the provisions of this title consistent with Minnesota Statutes section 462.357 as applied to a specific property and granted pursuant to the standards and procedures of this title; except, that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.

VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment and medical care of animals including animal or pet hospitals.

WAREHOUSING: The storage of materials or equipment within an enclosed building.

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

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

WETLANDS RELATED:

    Act, Wetland: When not used in reference to a specific State or Federal Act, means the Wetland Conservation Act of 1991, Laws 1991, chapter 354, as amended by Laws 1993, chapter 175.

    Activity, Wetland: Draining or filling a wetland wholly or partially.

    Agricultural Land: For use in reference to exemptions, means land devoted to the production of horticultural, row, close grown, introduced pasture, introduced hayland crops, and growing nursery stock. For use in all other places in this title, agricultural land means land devoted to the production of horticultural, row, close grown, introduced pasture, and introduced hayland crops, and to the pasturing of livestock and dairy animals, growing nursery stock, and animal feedlots, and shall include contiguous land and buildings under the same ownership associated with the production of the above, for example, farmyards.

    Agricultural Stabilization And Conservation Service Or ASCS: An agency of the United States Department of Agriculture.

    Aquaculture: To cultivate plants and animals in water for harvest, including hydroponics and raising fish in fish farms.

    Best Management Practices: State approved and published practices associated with draining, filling, or replacing wetlands that are capable of preventing and minimizing degradation of surface water and groundwater.

    Board: The Board of Water and Soil Resources under Minnesota Statutes section 103B.101.

   City: The City of Otsego.

     Commissioner: The Commissioner of the Department of Natural Resources.

    Creation: Construction of wetlands in an area that was not wetlands in the past.

    Day: Working days when used in a time period of fifteen (15) days or less and calendar days when used in a time period greater than fifteen (15) days. The day of the event shall not be used in counting any period of time.

    Department: The Department of Natural Resources.

    Ditch: An open channel to conduct the flow of water, as defined in Minnesota Statutes section 103E.005, subdivision 8.

   Drain Or Wetland Drainage, Wetland: Any method for removing or diverting waters from wetlands. The methods shall include, but are not limited to, excavation of an open ditch, installation of subsurface drainage tile, filling, diking, or pumping.

   Drainage System: A system of ditch or tile, or both, to drain property, including laterals, improvements, and improvements of outlets.

   Excavation: The displacement or removal of the sediment or other materials by any method.

   Fill, Wetland: Any solid material added to or redeposited in a wetland that would alter its cross section or hydrological characteristics, obstruct flow patterns, change the wetland boundary, or convert the wetland to a nonwetland. The term does not include posts and pilings for linear projects such as bridges, elevated walkways, or power line structures, or structures traditionally built on pilings such as docks and boathouses. The term does include posts that result in bringing the wetland into a nonaquatic use or significantly altering the wetland's functions and values, such as the construction of office and industrial developments, parking structures, restaurants, stores, hotels, multi-family housing projects, and similar structures. The term does not include slash or woody vegetation, if the slash or woody vegetation originated from vegetation growing in the wetland and does not impair the flow or circulation of water or the reach of the wetland.

   Floodplain Wetland: A wetland located in the floodplain of a watercourse, with no well defined inlets or outlets, including tile systems, ditches, or natural watercourses. This may include the floodplain itself when it exhibits wetland characteristics.

   Flow Through Wetland: A wetland with both a well defined outlet and one or more well defined inlets, including tile systems, ditches or natural watercourses.

    Hydric Soils: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

    Hydrophytic Vegetation: Macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

    Impact, Wetland: A loss in the quantity, quality, or biological diversity of a wetland caused by draining or filling.

    Impacted Wetland: A wetland that has been drained or filled, partially or wholly, and is subject to replacement.

    Infrastructure: Stormwater and sanitary sewer piping, outfalls, inlets, street subbase, roads, ditches, culverts, bridges and any other work defined specifically by a local government unit as constituting a capital improvement.

    Introduced Pasture: An area devoted to the production of forage and cultivated in a rotation of row crops or small grains or interseeded with introduced or native species at least twice during the 10-year period before January 1, 1991. The 10-year period may be enlarged to the 20-year period before January 1, 1991, upon clear evidence of the qualifying practice in Agricultural Stabilization and Conservation Service or other aerial photographs or records, or the affidavit of a plant ecologist certified by the Ecological Society of America. These areas must be harvested by mechanical methods at least two (2) years during the period January 1, 1986, to January 1, 1991. These areas are considered to be in agricultural crop production.

    Isolated Wetland: A wetland without well defined inlets or outlets, including tile systems, ditches, or natural watercourses.

    Landowner, Wetland: A person or entity having the rights necessary to drain or fill a wetland, or to establish and maintain a replacement or banked wetland. Typically, the landowner is a fee title owner or a holder of an easement, license, lease, or rental agreement providing the necessary rights. The right must not be limited by a lien or other encumbrance that could override the obligations assumed with the replacement or banking of a wetland.

    Mining: Any of the following activities:

   A.   Any removal of the exposed layer of the earth's surface or the removal of any layer of soil under the exposed layer of the earth's surface, whether sod, dirt, topsoil, sand, gravel, soil, stone or minerals performed with the intent of moving the same to another site as a raw material or processed product.

   B.   The removal of peat and metallic minerals as provided in Minnesota Statutes sections 93.461 and 93.481.

    Nondegraded Wetland: A wetland that has not been partially drained or filled by human activities.

    Pasture: Land used for grazing by domestic livestock.

    Peace Officer: The meaning given in Minnesota Statutes section 626.84.

    Project: An action or series of actions necessary to accomplish an ultimate purpose and that will cause a physical manipulation of the environment, directly or indirectly. Draining or filling of wetlands may be a component of a project.

    Project Specific: The applicant for the replacement plan approval will construct the replacement as part of the project, rather than obtain the replacement from a wetland bank.

    Public Transportation Project: A project conducted by a public agency involving transportation facilities open to the public.

    Public Value Of Wetlands: The public benefit and use of wetlands for water quality, floodwater retention, public recreation, commercial uses, and other public uses.

    Public Waters Wetlands: All types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), that were inventoried by the department as public waters under Minnesota Statutes section 103G.201.

    Replacement Wetland: A wetland restored or created to replace public values lost at an impacted wetland.

    Restoration: Reestablishment of an area that was historically wetlands but currently provides no or minimal wetland functions due to manmade alteration such as filling or drainage.

     Right-Of-Way Acreage: The meaning given it in Minnesota Statutes section 103E.285, subdivision 6.

    Riverine Wetland: A wetland contained within the banks of a channel that may contain moving water or that forms a connecting link between two (2) bodies of standing water.

    Set Aside: The cropland acreage annually retired as a condition to landowner participation in United States Department of Agriculture commodity programs.

   Silviculture: The scientific management of forest trees.

    Soil And Water Conservation District: A legal subdivision of State government under Minnesota Statutes chapter 103C.

    Soil Conservation Service: A legal subdivision of State government under Minnesota Statutes chapter 103C.

    Tributary Wetland: A wetland with a well defined outlet, including tile systems, ditches, or natural watercourses, but without a well defined inlet.

    Utility: A sanitary sewer, storm sewer, potable water distribution and transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications.

    Watershed: The 81 major watershed units delineated by the map "State of Minnesota Watershed Boundaries - 1979" as produced by the Minnesota Department of Natural Resources, Office of Planning and Research, Water Policy Planning Program, with funding from the Legislative Commission on Minnesota Resources.

    Watershed Management Organization: A watershed district wholly within the metropolitan area or a joint powers entity established wholly or partly within the metropolitan area by special law or by agreement that performs some or all of the functions of a watershed district for a watershed and that has the characteristics and the authority specified under Minnesota Statutes section 103B.211. Lake improvement or conservation districts are not watershed management organizations.

    Wetlands: A wetland, the wetland, or wetland area.

   A.   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 definition, wetlands must:

      1.   Have a predominance of hydric soils;

      2.   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

      3.   Under normal circumstances, support a prevalence of hydrophytic vegetation.

   B.   A distinct hydrologic feature with characteristics found in subsection A of this definition, surrounded by nonwetland and including all contiguous wetland types, except those connected solely by riverine wetlands. "Wetland area" means a portion of "a wetland" or "the wetland".

   C.   Wetlands does not include public waters wetlands and public waters that are designated on the public waters inventory maps prepared under Minnesota Statutes section 103G.201.

    Wetlands In A Cultivated Field: A wetland where greater than fifty percent (50%) of its boundary abuts land that was in agricultural crop production in six (6) of the ten (10) years before January 1, 1991.

    Wetlands Located On Agricultural Land: A wetland where greater than fifty percent (50%) of its boundary abuts agricultural land.

WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.

WILD AND SCENIC RECREATIONAL RIVER DISTRICT RELATED: The following definitions shall apply only to chapter 95 of this title which establishes standards for development within the Wild and Scenic Recreational River District:

    Bluff Line: A line along the top of a slope connecting the points at which the slope becomes less than thirteen percent (13%). This applies to those slopes within the land use district which are beyond the setback provision from the ordinary high water level.

   Commissioner: The Commissioner of the Department of Natural Resources.

   Open Space Recreational Uses: Recreation use particularly oriented to and utilizing the outdoor character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreation areas.

    Ordinary High Water Level: An elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.

   Planned Cluster Development: A pattern of subdivision development which places housing units into compact groupings while providing a commonly owned or dedicated open space.

   Selective Cutting: The removal of single scattered trees.

   Setback: The minimum horizontal distance between a structure and the ordinary high water level, bluff line, road or highway, for purposes of the WSRR District. This definition supersedes the setback definition in this section.

   Single-Family Dwelling: A detached building containing one dwelling unit.

WIND ENERGY CONVERSION SYSTEM (WECS): Any device that is designed to convert wind power to another form of energy such as electricity, mechanical or heat (also referred to by such common names of wind charge, wind turbine and windmill).

WIRELESS FACILITY: Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including:

   A.   Equipment associated with wireless service;

   B.   A radio transceiver, antenna, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and

   C.   A small wireless facility does not include:

      1.   Wireless support structures.

      2.   Wireline backhaul facilities.

      3.   Coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna.

WIRELESS SERVICE: Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6).

WIRELESS SUPPORT STRUCTURE: A new or existing structure designed to support or capable of supporting small wireless facilities.

WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire from a wireless facility to a communications network.

YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and main building shall be used.

YARD, DEPTH OF: The mean horizontal distance between the line of a building and the lot line.

YARD, FRONT: The front yard of a lot shall be considered to be the area extending along the full length of a front lot line between side lot lines and to the depth of the front line of the principal building.

YARD, REAR: A space extending between the rear line of the main building and the rear line of the lot and extending the full width of the lot.

YARD, REQUIRED: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.

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

YARD WASTE COMPOST FACILITY: A site used to compost yard waste materials, including all structures or processing equipment used to control drainage; collect and treat leachate; and storage areas for the incoming waste, the final product, and residuals resulting from the composting process.

YARD WASTE MATERIALS: Garden wastes, leaves, lawn cuttings, weeds and prunings generated by residential or commercial properties.

ZERO LOT LINE: The reduction of side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the side yard lot line. With zero lot line, no portion of the structure or accessory appurtenance shall project over the lot line.

ZONING ADMINISTRATOR: The duly appointed officer charged with the administration and enforcement of this title.

ZONING AMENDMENT: A change authorized by the City in either the text of this title or in the mapped boundaries of the district.

ZONING DISTRICT: An area or areas of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this title.

ZONING DISTRICT OVERLAY: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. In the case of a conflict of said regulations, the more restrictive shall apply.

ZONING DISTRICT UNDERLYING (BASE): All zoning districts except overlay zoning districts.

ZONING MAP: The map or maps incorporated into this title as part thereof, designating the zoning districts.

(Prior Code § 20-2-2; amd. Ord. 2017-14, 11-13-2017; 2018 Code; Ord. 2019-07, 4-8-2019; Ord. 2019-21, 10-28-2019; Ord. 2021-25, 12-13-2021; Ord. 2023-04, 3-27-2023; Ord. 2023-06, 6-12-2023; Ord. 2024-06, 6-10-2024)