(A) Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
(1) The singular number includes the plural, and plural the singular.
(2) The present tense includes the past and the future tenses, and the future the present.
(3) The word “shall” is mandatory while the word “may” is permissive.
(4) The masculine gender includes the feminine and neuter.
(B) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. An uninhabited structure having a roof supported by walls or columns which is subordinate to and located on the same lot as the principal use. An ACCESSORY BUILDING shall be considered an integral part of the principal building by a covered passageway.
ACCESSORY DWELLING UNIT. A subordinate dwelling unit incorporated within a single-family structure. Accessory units may not be subdivided or otherwise segregated in ownership from the primary residence structure. Detached ACCESSORY DWELLING UNITS are not permitted.
ACCESSORY STRUCTURE. Anything which is built, constructed, erected or joined together in some definite manner excluding buildings, which is subordinate to and located on the same lot as the principal use.
ACCESSORY USE. A use which is subordinate to and associated with a principal use and which is located on the same lot as the principal use.
ADULT DAY-CARE. A service that provides adult day-care for functionally impaired adults during part of the day (less than 24 hours a day). No overnight accommodations are provided and adults are delivered and removed daily.
AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming, pasture for hay, fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season of products grown on premises; and livestock raising and feeding, but not including, fur farms, commercial animal feed lots and kennels. Uses are subject to state pollution control standards.
ALLEY. A public right-of-way less than 30 feet in width which affords secondary access to abutting property.
ANIMAL SHELTER. An establishment supported by charitable contributions that provides a temporary home for dogs, cats, and other domesticated animals that are offered for adoption. The shelter shall not house more than 50 dogs at one time and shall not exceed a total of 100 animals at once. Such facility must located a minimum of 1,000 feet from a residentially zoned property. All outdoor exercise runs are permitted provided they are enclosed on all sides by a sight obscuring fence or wall at least six feet in height.
APARTMENT. A room or suite of rooms which is designed for, intended for or occupied as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency apartment.
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. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 9,000 pounds gross weight, but not including any operation specified under “automobile repair-major”.
BASEMENT. A portion of a building located partially underground but having less than one-half its floor to ceiling height below the average land grade.
BED AND BREAKFAST. Lodging establishments providing short term guest accommodations within the primary residence of the applicant. Such facility must be licensed by the State Department of Health. The commercial serving of food shall be limited to breakfasts served to overnight guests only. In addition to meeting the parking requirement for a residence, one additional hard-surfaced, off-street parking space per guest room shall be provided in the rear yard adequately screened from adjacent residences. Conditional uses issued for BED AND BREAKFAST ESTABLISHMENTS shall be issued specifically to the applicant and are not transferable with the property. Initial approval shall be provisional, subject to a one-year review in accordance with the rules and procedures of § 157.101 of this chapter. At such time, the conditional use may be issued; issued subject to additional conditions or not issued if evidence is presented that such use presents a negative impact on the surrounding neighborhood.
BOARDING HOUSE. A building other than a hotel where, for compensation by rearrangement for definite periods, meals or lodging and meals are provided to three 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 persons.
BOOK AND VIDEO SALES. The sale of books, magazines and videos.
BREWER. A person who manufactures malt liquor for sale.
BREWERY. A facility that manufactures malt liquor for sale.
BREW PUB. A brewer who also holds one or more retail on-sale li-censes and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in Minn. Stat. § 340A.24, Subd. 2.
BREWER TAPROOM. A facility on the premises of or adjacent to the premises owned by a brewer, licensed under Minn. Stat. § 340A.301, Subd. 6(c), (i) or (j), intended for the on-sale consumption and limited off sale of beer produced on site by the brewer as authorized by Minn. Stat. § 340A.26.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
BUSINESS INCUBATOR. A shared-tenant facility that is designed to nurture small, startup commercial and/or light industrial businesses. Such facilities can be operated on a profit or not for profit basis and typically provide tenants with below market rental rates, negotiable lease/space arrangements and other services to assist new businesses through start up operations.
CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.
CELLAR. The portion of a building having more than one-half of the floor to ceiling height below the average land grade.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUB or LODGE. A non-profit association of persons who are bonafide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises; providing, adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed; providing, such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.
COMMERCIAL FUELING STATION. A principal or accessory business that provides only self-service fueling for automobiles and trucks through a pre-arranged agreement such as a numbered credit account. There shall be no other retail sales associated with the business, except by vending machine. There shall also be no fueling attendants on duty or any such facilities that will encourage overnight or extended parking.
CONDITIONAL USE. An activity or use of the land, which because of special problems of control intrinsic in the use, requires reasonable but special, unusual and extraordinary limitations for the protection of the public welfare and the integrity of the municipal land use plan.
CONDITIONAL USE PERMIT. A permit, issued by the City Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use 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 containing individually owned dwellings units and jointly owned and shared areas and facilities, which dwelling is subject to applicable provisions of state statutes.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
DAY-CARE HOME. Restricted to a family dwelling in which foster care, supervision and training for children of school or pre-school age out of their own home is provided during part of the day (less than 24 hours) with no overnight accommodations or facilities and children are delivered and removed daily. The number to be cared for in one day-care home shall not exceed 12, not including the family’s own children, and all licenses shall be obtained.
DAY-CARE CENTER (GROUP). A service provided to the public, which children of school or pre-school age are cared for during established business hours. No overnight accommodations are provided and children are delivered and removed daily. At least 50 square feet of fenced play area per pupil shall be provided.
DECK. An accessory open and uncovered structure that is constructed more than one foot above the height of the exterior finished grade elevation at any point along its perimeter which is attached to or abutting the principal use and is intended for recreational use.
DETOXIFICATION FACILITY (SUB ACUTE). A short term health care and evaluation center designed for the safe, supervised withdrawal from alcohol and drugs, the evaluation of the patient’s involvement and possible dependency on chemical substances and to refer patient to appropriate programs.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class or use permitted herein.
DOG KENNEL. Any place where five dogs or more over six months of age are commercially boarded, bred and/or offered for sale, excluding a veterinary clinic.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.
DWELLING, MANUFACTURED (MOBILE) HOMES. A detached residential structure transportable in one or more sections which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 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 of the State of Minnesota and complies with the standards established under Minn. Stat. Ch. 327, § 327.31, as it may be amended from time to time.
DWELLING, MULTIPLE (APARTMENT). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.
DWELLING, SINGLE-FAMILY. A detached dwelling unit designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY. A dwelling designated exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.
EARTH SHELTERED BUILDING. A building so constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth, and all applicable Building Code Standards are satisfied. Partially completed buildings shall not be considered EARTH SHELTERED.
ESSENTIAL SERVICES. Overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems operated by public utilities, municipal or other governmental agencies or under franchise from government.
FAMILY. One or more persons each related to the other by blood, marriage, adoption or foster care, or a group of not more than five persons not so related maintaining a common household and using common cooking and kitchen facilities.
FOOD VENDING VEHICLE. Every motor vehicle in which foods of any kind are carried for the purposes of selling, at retail sale, on the city streets or other public right-of-way.
GARAGE-PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business or industry is carried on.
GARAGE-PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles or where any such vehicles are kept for remuneration or hire, and in which any sale or gasoline, oil and accessories is only incidental to the principal use.
GARAGE SALE. A GARAGE SALE shall include rummage sales, basement sales, yard sales, porch sales and all other periodic sales at a residential location intended for the limited purpose of isolated or occasional sales for the selling of used goods or home-crafted items by the residents thereof.
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 from the building, between the building and a line five feet from the building.
GROSS FLOOR AREA. The sum of the gross horizontal area of the several floors of a building or buildings measured from the exterior walls, but not including any space where the floor-to-ceiling height is less than six feet.
HELIPORT. A helicopter landing area and base of operations including such facilities as maintenance and overhaul, fueling, service, storage, tie-down areas, hangars, passenger and cargo facilities, and other necessary buildings and open spaces.
HOME OCCUPATIONS. Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling. Such activity shall be clearly incidental and secondary to the residential use of the premises. Permissible HOME OCCUPATIONS shall not include the conducting of a retail business other than by mail, manufacturing business or a repair shop of any kind on the premises, except television, shoe and small appliance repair, and no stock in trade shall be kept or sold, except that which is clearly accessory to the principal use. No other than persons residing on the premises shall be employed and no mechanical equipment shall be employed that is not customarily found in the home and no more than one room may be devoted to home occupation use. Such HOME OCCUPATION shall not require internal or external alterations to involve construction features not customarily found in dwellings. The entrance to the space devoted to such occupations shall be within the dwelling. There shall be no exterior display, no exterior signs, except as allowed in the sign regulations for the zoning district in which such home occupation is located. There shall be no exterior storage of equipment or materials used in the home occupations. No HOME OCCUPATION shall be permitted which results in or generates more traffic than one car for off-street parking at any one given point in time. Permissible HOME OCCUPATIONS include, but are not limited to, the following: beauty shops; art studio, dressmaking; special offices of a clergy member, lawyer, architect, engineer, accountant or real estate agent or appraiser, when located in a dwelling unit occupied by the same; and teaching, with musical, dancing and other instruction limited to one pupil at a time.
HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
INDUSTRIAL SERVICE BUSINESS. Certain business establishments where providing a service or services to industrial concerns or their employees accounts for a significant portion of the total operation. Such business must not in any way restrict or negatively impact on the conduct of existing or potential industrial operations. In addition to the standards for granting conditional use permits in § 157.099 of this chapter, review of each proposed use under this section shall include the assessment of potential impact on industrial operations including, but not limited to, environmental permitting or licensing and the generation of additional traffic into the industrial area; and that the proposed use does legitimately provide a service or services to industrial firms or their employees at such a significant portion of total operation as to justify the location of the business in an industrial district as a matter of convenience and efficient provision of services to industrial clientele and their employees. Denial of the application for conditional use for INDUSTRIAL SERVICE BUSINESS may be based entirely on the applicant’s failure to reasonably satisfy the Planning Commission and City Council as to these standards.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (chord) within the lot boundaries.
LOT, FRONTAGE. The front of a lot shall be for the purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width. The owner of a corner lot may select either street line as the front lot line; providing, the resulting setbacks will be compatible with the existing or future setbacks of the adjoining properties subject to approval by the Building Inspector or Zoning Administrator.
LOT, INTERIOR. A lot, other than a corner lot, including through 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, THROUGH. A lot fronting on two substantially parallel streets.
LOT WIDTH. The horizontal distance between the side lot lines measured at the building setback line.
MOBILE HOME PARK, DEPENDENT. An approved mobile home park which has underground utility service to each site and also restroom and washing facilities as specified by the state.
MOBILE HOME PARK, INDEPENDENT. An approved mobile home park which has underground utility service to each site and only permits independent mobile homes.
MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, which 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 (TRUCK TERMINAL). A building in which freight brought in by motor truck is assembled and sorted for routing in intra-state and inter-state shipment.
MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks) kerosene, motor oil and lubricants are retailed directly to the public in premises. MOTOR FUEL STATION may include sale of vehicle related minor accessories and minor auto repair, but not automobile major repair.
NON-CONFORMING STRUCTURE OR USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.
OFF-STREET LOADING SPACE. A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.
PARKING SPACE. An area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress for an automobile.
PATIO. An accessory open and uncovered structure or hard surfacing that is no more than one foot above the height of the exterior finished grade elevation at any point along its perimeter which is attached to or abutting the principal use and is intended for recreational use.
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.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind.
PLANNED UNIT DEVELOPMENT. A tract of land developed as a unit rather than as individual development wherein buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries. The PLANNED UNIT DEVELOPMENT must be developed in compliance with § 157.052 of this chapter.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
PRODUCTION PHASE WECS. Professionally designed wind machines that are built in significant numbers on a continuing basis after testing. Wind machines made from professionally designed kits will be considered PRODUCTION PHASE WECS.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.
RECYCLING CENTER. A facility that is not a junkyard, in which recoverable resources such as newspapers, cardboard, glassware and metal cans are collected, separated, and processed prior to shipment to others who will use those materials to manufacture new products. “Processing” is defined as the preparation of material for efficient shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding and cleaning. The facility must meet State Pollution Control Agency requirements for recycling facilities. In B-2 Districts, outbound truck shipments may be limited to an average of two per day and there shall be no shredding, compacting, baling or other processing of ferrous metals other than food and beverage containers. Under all circumstances, precautions shall be taken to ensure the containment of recyclable resources while at the center.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. Institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children, such facility shall be at least 1,320 feet from an existing residential facility.
RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
RESTRICTED MANUFACTURING. Business engaged in the manufacture from predominantly previously prepared materials, of finished products or parts, including fabrication, assembly, packaging and internal storage. Such proposed use shall be found to be compatible with surrounding land uses and specifically shall be reviewed for impacts related to sound, vibration, odor, fumes, truck traffic and chemical and manufacturing processes that could potentially pose a health hazard or nuisance to the surrounding neighborhood. Such an operation shall be limited to a building square footage of 15,000 square feet and a minimum lot size of 40,000 square feet. Outside storage shall be prohibited. Denial of the application for conditional use may be based entirely on the applicant’s failure to reasonably satisfy the Planning Commission and City Council as to compatibility and appropriateness of the business at the proposed location.
REVERSE VENDING MACHINE. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, 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. Such devices must be accessory to a principal use. Machines shall not occupy parking spaces intended for the primary use that would reduce available parking below that is required by this chapter, nor shall such machines interfere with pedestrian and vehicular traffic or restrict visibility. Signage shall be restricted to a location on the machine. Such machines must be located at least three feet off the lot line.
SENIOR CITIZEN HOUSING. Multiple dwelling building with open occupancy generally limited to persons over 60 years of age. Not more than 10% of those living in SENIOR CITIZEN HOUSING can be under 60. Elevator service must be provided to each floor. Useable open space which at the minimum is equal to 20% of the gross lot area is required. Such housing should be readily accessible to shopping and medical facilities or arrangements for adequate transportation to and from such facilities should be available to the residents.
SETBACK. The minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extend portion of the structure at ground level.
SHOPPING CENTER. A grouping of retail business and service uses on a single site with common parking facilities.
SINGLE-FAMILY ATTACHED DWELLING. Two single-family dwellings with a zero lot line on one side sharing a common wall, with the common wall and all jointly owned or jointly utilized facilities including, but not limited to, decks, utility lines and driveways being governed under a declaration of covenants and restrictions approved by the city, and filed with the County Recorder.
STORY. The portion of a building included beneath the upper surface of a floor and upper surface of floor next above; except that, the top-most story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a STORY.
THREE OR FOUR SEASON PORCH. An enclosed, partially transparent, roofed structure attached to the main floor level of the principal structure. Such structure is constructed a minimum of 12 inches above the ground in which it is located and is supported on pier style footings.
TOWNHOUSES. Structures housing three or more dwelling units of not more than two stories each and contiguous to each other only by the sharing of one common wall, such structures to be of the town or row house type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.
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 standards of this chapter or by conditions imposed on particular uses.
USEABLE 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 useable by only 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 USEABLE OPEN SPACE.
VARIANCE. The waiving by City Council action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill or wind turbine which converts wind energy to a form of useable energy.
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the principal building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the lot to the rear yard.
(Ord. 827, passed 4-19-1983; Ord. 1052, passed 2-4-1992; Ord. 1061, passed 6-16-1992; Ord. 1087, passed 2-28-1994; Ord. 1090, passed 5-17-1994; Ord. 1113, passed 5-16-1996; Ord. 1139, passed 6-4-1996; Ord. 1145, passed 8-6-1996; Ord. 1147, passed 8-20-1996; Ord. 1168, passed 8-19-1997; Ord. 1255, passed 5-1-2001; Ord. 1487, passed 8-1-2012; Ord. 1491, passed 1-8-2013; Ord. 1504, passed 7-2-2013; Ord. 1518, passed 2-17-2015; Ord. 1543, passed 9-20-2016; Ord. 1546, passed 10-18-2016; Ord. 1578, passed 4-3-2018; Ord. 1596, passed 9-3-2019)