For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING, STRUCTURE OR USE. A subordinate building, structure or use which is clearly incidental and customary to the main building, structure or use on the same lot.
ADULT USE/ACCESSORY. The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of these items include adult magazines, adult movies, adult novelties and the like.
ADULT USE/PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following.
ADULT USE BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if the building or portion of a building is not open to the public generally but only to 1 or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of those items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age, or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE CONVERSATION/RAP PARLOR: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE HOTEL/MOTEL. Adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT USE MASSAGE PARLOR/HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to customers and who engage in specified sexual activities or display, specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by customers.
ADULT USE MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT USE MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE NOVELTY BUSINESS. A business which has, as a principal activity, the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USES. Include adult bookstore, adult motion picture theaters, 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 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 M.S. § 617.241, as it may be amended from time to time, are not included.
SPECIFIED ANATOMICAL AREAS:
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the aureole; 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 sexual relationship, or the use of the excretory functions in the following sexually-oriented acts or conduct, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pedophilia, piquerism, sapphism, zooerasty;
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(d) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes; and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any persons;
(f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; and
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
ADULT SAUNA. A sauna which excludes minors by reason of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing; utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the 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.
ADVERTISING SIGN. A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises were a like sign is located.
AGRICULTURE. Any growing of soil crops in the customary manner on open tracts of land; the raising of animals or poultry. The term includes incidental retail selling by the producer of products raised on the premises, providing that customer parking space is furnished off the public right-of-way.
ALLEY. A public or private right of way less than 30 feet wide which affords secondary means of access to abutting property.
APARTMENT. A room or suite of rooms designed for, intended for or used as a residence for an individual or 1 family.
APARTMENT BUILDING. Three or more dwelling units in 1 building.
BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary lines of the corporate limits of the city.
BOARDING HOUSE. Any dwelling other than a hotel or a motel where either meals or lodging are provided for compensation for 5 or more persons pursuant to previous arrangements.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind; when a structure is divided by bearing walls without openings, each portion of the building is a separate building.
BUILDING HEIGHT. The vertical distance from the acreage of the lowest and the highest point of that portion of the lot covered by the building to the highest point of the roof which shall be the deck line of mansard roofs and the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, MAIN. One of at least 2 buildings on the same lot to which the other buildings are incidental; contrast with accessory building.
BUSINESS SIGN. A sign which directs attention to a business or profession on a commodity, service or entertainment sold or offered upon the premises where a sign is located.
CHURCH / RELIGIOUS INSTITUTION / PLACE OF WORSHIP. A tax-exempt building, together with its accessory buildings and uses commonly associated with religious institutions, where persons regularly assemble and use principally for religious worship and which building, together with its accessory buildings and common religious uses, is maintained and controlled by a religious body organized to sustain public worship.
CORNER LOT. A lot situated at the intersection of 2 or more streets.
DOUBLE FRONTAGE LOT. An interior lot having frontage on 2 streets.
DWELLING, 2-FAMILY. A detached residential building containing 2 dwelling units, designed for occupancy by not more than 2 families.
DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by 3 or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on at least a weekly basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
FAMILY. A single individual living alone or any number of individuals related by blood, marriage or adoption to each other, living together on the premises as a single nonprofit housekeeping unit (except for necessary servants) as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.
FLASHING SIGN. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and/or color at all times where the sign is in use.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessory buildings.
FRONT YARD. A yard extending between the side yard lines and lying between the road or highway right-of-way and the nearest line of the building, for the full width of the lot.
FUNERAL HOME. An undertaking establishment where the deceased are prepared for burial, funerals are conducted, and which provides for viewing of the deceased. The facility may consist of a preparation room, arrangement office, facilities for funeral and/or wake services. The facility may also have a single-family residence on the premises as an accessory use.
GARAGE, PRIVATE. An accessory building for storage of self-propelled vehicles and tools and equipment maintained as incidental to a conforming use of the premises.
GARAGE, PUBLIC. Any premises except those defined as a private garage used for storage or care of self-propelled vehicles and/or where any vehicles are equipped for operation, repair or kept for remuneration, hire or sale.
HALF STORY. A story with at least 2 opposite exterior sides meeting a sloping roof not more than 2 feet above the floor of the story.
HOME OCCUPATION.
(1) Any use which is customarily conducted entirely within a dwelling and carried on by family members residing therein, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character of the dwelling.
(2) Except as provided in § 152.17 below, the following shall not be home occupations; clinics, hospitals, hair salons, mortuaries, motor vehicle repair for hire, welding, animal hospitals and the maintenance of animals.
HOTEL. Any building or building portion where lodging is offered to transient guests for compensation and in which there are more than 5 sleeping rooms, with minimal cooking facilities, if any, in individual dwelling units.
ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by lights or luminous tubes as a part of the sign.
INTERIOR LOT. A lot other than a corner lot.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to scrap metal, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other machinery.
LOADING AREA. Any area where vehicles are parked or maneuvered for loading or unloading.
LOT. One unit of a recorded plat or subdivision with frontage on a public street and on which is located or will be located a building and its accessory buildings and, including as a minimum, the open spaces as are required by this chapter.
LOT AREA. The land area within the lot lines.
LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principle use and its accessory structures.
LOT DEPTH. The average distance between the front and rear lot line; the greater frontage of a corner lot shall be its depth and the lesser frontage shall be its width.
LOT WIDTH. The horizontal straight line distance between the side lot lines at the setback line.
MIXED USE DOWNTOWN. A building that includes a combination of office, retail, residential, or commercial uses within one structure or building.
MOBILE HOME or MANUFACTURED HOME.
(1) A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete and ready for the occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like.
(2) A travel trailer is not a MOBILE HOME.
NAMEPLATE SIGN. Any sign which states the name and/or address of the business or occupant of the lot where the sign is placed.
NONCONFORMING USE. A use lawfully in existence on September 8, 1970, (the effective date of Ord. 225, entitled An Ordinance for the Purpose of Promoting Health, Safety, Order, Convenience, Prosperity, and General Welfare by Regulating the Use of Land, the Location, Area Size, Use and Height of Buildings on Lots and the Density of Population in the City of St. Charles, Minnesota, which is the basis for this chapter) and not conforming to this code except that a like use is not nonconforming if the use would be authorized under a conditional use permit.
PERSON. Any individual, firm, partnership, corporation, company, association, joint stock association, body politic, including a trustee, receiver, assignee or similar representative.
PLANNING COMMISSION. The City Planning Commission.
PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other uses as allowed under this chapter.
PRINCIPAL USE. One of at least 2 uses of a building or lot to which the other uses are incidental; contrast with accessory use.
REAR YARD. An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear lot line of the lot, for the full width of the lot.
ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical means.
SETBACK. The shortest horizontal distance between the lot line and the foundation walls of a building or the allowable building line as defined by § 152.41(E).
SIDE YARD. An open, unoccupied space on a lot between the building on the lot and the side line of the lot, for the length of the building only.
SIGN. A name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business.
SINGLE-FAMILY ATTACHED DWELLING. A building designed or used exclusively for residence purposes by 1 family and attached on only 1 side to another single-family attached dwelling under separate ownership.
STORY. That portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.
STREET LINE. The right-of-way line of a street.
STRUCTURAL ALTERATION. Any change or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
SUBDIVISION.
(1) A described tract of land which is to be or has been divided into more than 2 lots or parcels, any of which resultant parcels is less than 2-1/2 acres in area and 150 feet in width, for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land.
(2) The term includes resubdivision, and, where it is appropriate to the context, relates either to the process of subdivision or to the land subdivided. Parcels existing on September 8, 1970, may be divided once into 2 lots, but any further division of this original parcel shall fall within the scope of this definition.
SURFACE AREA OF SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of the sign and not forming an integral part of the display. Only 1 side of a double-face or V-type sign structure shall be used in computing total surface area.
USE. The purpose for which land or premises or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
VARIANCE. A modification of the provisions of this chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance.
YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky, except for fences 6 feet or less in height, and trees and shrubs.
(1987 Code, § 701.02) (Am. Ord. 529, passed 10-13-2009; Am. Ord. 561, passed 2-26-2013; Am. Ord. 2022-645, passed 12-27-2022)