§ 155.009 DEFINITIONS.
   (A)   Rules of construction. 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 the 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.
      (5)   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof.
      (6)   All measured distances expressed in feet shall be the nearest tenth of a foot.
   (B)   Definitions.
   (B)   Definitions.
      ABUTTING. Making direct contact with or immediately bordering.
      ACCESSORY BUILDING. A subordinate building or structure on the same lot, or part of the main building, exclusively occupied by or devoted to a use incidental to the main use.
      ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
      ADDITION. A physical enlargement of an existing structure.
      ADJACENT. In close proximity to or neighboring, not necessarily abutting.
      ADULT EDUCATION AND TRAINING FACILITY. A place where education or instruction is regularly provided to groups of persons aged 18 or older in areas including, but not necessarily limited to, the following: Training in adult literacy, employment skills or personal improvement; assembly or production; business or clerical; computers; cosmetology or hair styling; electronics or mechanics; real estate; or skilled crafts.
      ADULT USE.  Includes 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 M.S. § 617.241, as may be amended, are not included.
         (a)   ACCESSORY ADULT USES. 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.
         (b)   PRINCIPAL ADULT USES. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment, including, but not limited to, the following:
            1.   BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of SPECIFIED ANATOMICAL AREAS.
            2.   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.
            3.   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.
            4.   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.
            5.   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.
            6.   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.
            7.   HOTEL or MOTEL. 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.
            8.   MASSAGE PARLOR or HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the service of massage, if such service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            9.   MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
            10.   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.
            11.   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 motor picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            12.   MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
            13.   NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
            14.   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.
            15.   STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
      AGRICULTURAL BUILDING. A building or structure that is:
         (a)   Located on agricultural land as determined by the governing assessor for the city;
         (b)   Designed, constructed, and used to house farm implements, livestock or agricultural products under M.S. § 273.13, Subd. 23; and
         (c)   Used by the owner, lessee, and sublessee of the building and member of their immediate families, their employees, and persons engaged in the pick-up or delivery of agricultural products.
      AGRICULTURAL STRUCTURE. A structure or building supportive and/or ancillary to an authorized on-site agricultural use as defined in this section.
      AGRICULTURAL USE. The use of land for agricultural purposes including farming, dairying, pasturing, agriculture, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
      ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
      APARTMENT.  A room or suite of rooms, located in a one-or two-family structure or a multiple dwelling, which includes a bath and kitchen accommodations, and is intended or designed for use as an independent residence by an individual or family.
      APARTMENT BUILDING. A multiple-family dwelling originally designed and constructed to accommodate three or more apartments, designed with more than one dwelling unit connecting to a common corridor or entrance way, in contrast to single- or two-family dwellings converted for multiple-family use.
      ASSEMBLY. A group of persons gathered together at regular, scheduled intervals for a particular purpose (e.g. religious, political, educational, social or cultural). Types of assembles include movie theaters, concert halls, places of worship, funeral homes, schools, conference centers and the like.
         (a)   MAJOR AUTOMOBILE REPAIR.  General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint jobs; and vehicle steam cleaning.
         (b)   MINOR AUTOMOBILE REPAIR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under “Automobile Repair, Major.”
      AUTOMOBILE WASH. A building or buildings or portions thereof containing facilities for washing one or more automobiles by use of mechanical devices.
      AUTOMOBILE WRECKING YARD or JUNKYARD. Any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles, or merchandise.
      AUXILIARY USE. A use which, on its own, is capable of being a separate, principal use, unlike an accessory use, but is designed or planned to function as supplementary but complementary to a principal use together in the same building or on the same site. An auxiliary use must be a permitted or conditional use in the zoning district in which it is located.
      AWNING. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a supporting building.
      BALCONY. A landing or porch projecting from the wall of a building, and which serves as a means of egress.
      BANQUET/CONFERENCE/MEETING/PARTY ROOMS - SEASONAL. Buildings or facilities used to conduct banquets, meetings, or conferences, which are not a restaurant, but where, for purposes of events food and beverages may be served, for up to 300 persons, an average of two times per month on a limited seasonal basis.
      BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
      BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage.
      BLUFF. A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
         (a)   Part or all of the feature in a shorleand area;
         (b)   The slope rises at least 25 feet above the ordinary high water level of the waterbody;
         (c)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
         (d)   The slope must drain toward the waterbody.
      BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
      BOARDING HOUSE. A building other than a hotel where, for compensation and by pre- arrangement 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.
      BOATHOUSE. A stucture designed and used solely for the storage of boats or boating equipment.
      BOG. A Type 8 Wetland as defined by U.S. Fish and Wildlife Circular 39.
      BOULEVARD.  The portion of a street right-of-way not occupied by pavement.
      BREWPUB. A restaurant operated by a brewer licensed under M.S. § 340A.301, Subd. 6d on the microbrewery’s premises of manufacture.
      BUFFER STRIP. An area of vegetated ground cover abutting a wetland that, either in its condition or through intervention, has the characteristics identified in § 155.344.
      BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
      BUILDING. A structure having a roof supported by columns or walls. When separated by division walls without openings, each portion of such building shall be deemed a separate building.
      BUILDING HEIGHT. The vertical distance measured from the average elevation of the finish grade along the front of the building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.
      BUILDING LINE.  A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.
      BUILDING OFFICIAL.  The Building Official provided for in the Minnesota State Building Code.
      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 three sides.
      CELLAR. That portion of a building having more than one-half of the floor to ceiling height below the average land grade.
      CEMETERY. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, columbaria, chapels and mortuaries if operated in connection with and within the boundaries of such cemetery.
      CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
      CITY COUNCIL. The governing body for the City of St. Michael.
      CLUB or LODGE. A non-profit association of persons who are bona fide members paying annual dues, the use of whose premises is restricted to members and their guests.
      CLUSTER DEVELOPMENT. A planned unit development consisting only of residential units.
      COMMERCIAL RECREATION - INDOOR. A bowling alley, car track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, fire arms range, amusement ride, and similar uses whose activities occur inside a building.
      COMMON OPEN SPACE. Any privately owned open space including private parks, nature areas, playgrounds and trails, including accessory recreational buildings and structures which are an integral part of a development.
      COMMUNITY CENTER. A meeting place used by members of a community for social, cultural, or recreational purposes.
      CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: certain conditions as detailed in the zoning ordinance exist; and the structure and/or land use conforms to the comprehensive land use plan if one exists and is compatible with the existing neighborhood.
      CONDITIONAL USE PERMIT. A permit issued by the 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 multi-family dwelling whereby the fee title to each dwelling unit is held independently of the others.
      CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on and off the premises.
      CORNICE. A horizontal molded projection that crowns or completes a building or wall.
      DAY CARE.  
         (a)   GROUP FAMILY DAY CARE.  Day care for no more than 14 children at any one time within a residence. The total number of children includes all children of any caregiver when the children are present in the residence.
         (b)   DAY-CARE CENTER, GROUP DAY-CARE CENTER and DAY-CARE FACILITY. Any facility, public or private, which for economic 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 24 hours per day, in a place other than the person’s own home. Day care facilities include, but are not limited to, family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers and day services.
      DECK. A flat-floored, roofless platform adjoining a dwelling, used primarily for recreation.
      DEPARTMENT STORE.  A business that is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed, enclosed, exhibited, and sold directly to the customer for whom the goods and services are furnished.
      DEPOSITION.  Any rock, soil, gravel, sand, or other material deposited naturally or by man into a water body, watercourse, floodplain, or wetland.
      DEVELOPABLE AREA. All land that could potentially be available for development, except land considered to be un-buildable such as delineated wetlands, floodplains, and land burdened by road or power line easements.
      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 of use permitted therein.
      DITCH. An open channel to conduct the flow of water.
      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 ground water from land.
      DREDGING. Enlarging or cleaning out a water body, watercourse, or wetland.
      DRIVEWAY. A private drive to an off-street destination such as a garage or parking area providing access for motor vehicles from a public way or driveway approach.
         (a)   DRIVEWAY ACCESS (Curb Cut). An area between the curb or pavement edge of a public street and the private property line intended to provide access for vehicles from a roadway or public street to a driveway on public property.
         (b)   OFF-DRIVE PARKING AREA. An off-street area connected to a driveway intended for the parking of vehicles.
         (c)   TURN AROUND PAD. An off-street area connected to a driveway intended to allow vehicles to turn around on site and exit onto roadways in a forward facing position.
      DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family, and multiple-family dwelling units, but not including hotels or motels.
         (a)   APARTMENT DWELLING. 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.
         (b)   MULTIPLE-FAMILY DWELLING. Three or more dwelling units grouped into one building.
         (c)   QUADRAMINIUM. A single structure which contains four separately owned dwelling units, all of which have individually separate entrances and in which each unit shares common walls with two other units.
         (d)   SINGLE-FAMILY DWELLING.  A dwelling unit not attached to another dwelling or structure and designed exclusively for occupancy by one family.
         (e)   TOWNHOME OR TOWNHOUSE. A single structure consisting of three or more dwelling units having the first story at or near the ground level with no other dwelling unit connected to another dwelling unit except by a party wall with no openings.
         (f)   TWO-FAMILY DWELLING. A dwelling designed exclusively for occupancy by two families living independently of each other.
            1.   DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
            2.   DUPLEX.  A two-family dwelling with one unit above.
      DWELLING SIZE. The square footage of the lot which is covered by a dwelling unit computed by multiplying the outside measurements of the dwelling. In computing the square footage, the measurements shall exclude the dimensions of any garage. This term is to be distinguished from “floor area.”
      DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family or group of single adults for living or sleeping purposes, and having one kitchen. This does not include hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes, or trailers.
         (a)   EARTH-SHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that:
            1.   Eighty percent or more of the roof area is covered with a minimum depth of 12 inches of earth; and
            2.   Fifty percent or more of the wall area is covered with a minimum depth of 12 inches of earth.
      EAVES. The projecting overhang at the lower edge of a roof.
      EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
      ELDERLY (SENIOR CITIZEN) HOUSING.  A public-agency-owned or -controlled multiple-dwelling building with open occupancy limited to persons over 60 years of age.
      ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit tables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
      EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
      EXTERIOR STORAGE. The storage of goods, materials, equipment, tools, vehicles, manufactured products and similar items not fully enclosed by a building. Currently licensed and operable vehicles parked in required off-street parking spaces shall not be viewed as exterior storage.
      FAMILY. One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities.
      FAMILY DAY CARE. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence.
      FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
         (a)   BOUNDARY LINE FENCE. A fence located within five feet of a property line.
         (b)   INTERIOR YARD FENCE. A fence located five feet beyond a property line.
      FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to fill or partly fill a water body, watercourse, or wetland.
      FIREWORKS. As defined by Minnesota State Statute.
      FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
      FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded.
      FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the Flood Insurance Study for St. Michael, Minnesota.
      FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.
      FLOODPROOFING. A combination of structural provisions, 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 flood plain which are reasonably required to carry or store the regional flood discharge.
      FLOOR AREA.  The floor area of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls.
      GARAGE. An accessory building designed or used for the storage of automotive, motor- driven vehicles owned and used by the occupants of the building to which it is accessory.
      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.
      GRADE, FINISHED. The final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, mounding, or excavating, have been made on the ground surface.
      GRADE, NATURAL. The natural grade or elevation of the ground surface that existed prior to man-made alterations such as grading, grubbing, filling, mounding or excavating.
      GRADING. Changing the natural or existing topography of land.
      HOME OCCUPATION. Any occupation or profession engaged in by the occupants of the residential dwelling, or accessory building, which is clearly incidental and secondary to the residential use of the premises and does not change the character of the premises; and when conducted within the dwelling or accessory building, or when conducted upon a parcel of land containing the dwelling unit, provided that the evidence of the occupation is not visible from the street pursuant to § 155.065.
         (a)   HOME OCCUPATION, SPECIAL. A home occupation which does not meet the requirements of a permitted home occupation and requires approval of a special home occupation permit pursuant to § 155.065(C)(2), (D)(1) and (D)(2).
         (b)   HOME OCCUPATION, EXTENDED BUSINESS. A home occupation which is conducted in the A-1 zoning district and whose purpose is to prevent competition with the business districts through a means of establishing specific standards and procedures pursuant to § 155.066.
      HYDROPERIOD. The extent and duration of inundation and/or saturation of wetland systems.
      IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
      JUNK or REFUSE. Any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvaging, storing, baling, disposal, or other use or disposition. JUNK includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.
       JUNKYARD. (See Automobile Wrecking Yard.)
         (a)   COMMERCIAL KENNEL. Any place where more than two dogs over six months of age are kept, and where the business of selling, boarding, breeding, showing, or grooming of dogs or other animals is conducted, with the exception of veterinary clinics.
         (b)   RESIDENTIAL KENNEL. Any place where more than two dogs over six months of age are kept on premises which are zoned and occupied for residential purposes, and where the keeping of such dogs is incidental to the occupancy of the premises for residential purposes.
      KITCHEN. A habitable room intended to be used for the cooking of food or the preparation of meals.
      LAND RECLAMATION. The process of the re-establishment of acceptable topography (i.e. slopes), vegetative cover, and soil suitability and the establishment of safe conditions appropriate to the subsequent use of the land.
      LOADING SPACE. That portion of a lot or plot designed to serve the purpose of loading and/or unloading all types of vehicles.
      LODGE. (See Club)
      LODGING HOUSE. A building, other than a hotel, where for compensation for definite periods lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.
      LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
         (a)   BASE LOT. A lot meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling or quadraminium subdivision.
         (b)   CORNER LOT. 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° or less.
         (c)   DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets.
         (d)   INTERIOR LOT. A lot other than a corner lot, including through lots.
         (e)   THROUGH LOT.  A lot fronting on two parallel streets.
         (f)   UNIT LOT. A lot created from the subdivision of a two-family dwelling or quadraminium having different minimum lot size requirements than the conventional base lots within the zoning district.
      LOT AREA. The area of the horizontal plane within the lot lines. For purposes of determining accessory space, the lot area shall exclude all property within the ordinary high water level or boundary of all wetlands, streams, lakes, rivers, or storm water ponds. It shall also exclude any road easement for all parcels created after June 1, 2006.
      LOT AREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling.
      LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90° angle from the street right-of-way within the lot boundaries.
      LOT FRONTAGE. The front of a lot shall be, for purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width.
      LOT IRREGULAR. Any interior lot where the opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the lot lines have unusual elongations, angled, or are curvilinear, often due to topography or other natural land features.
      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 OF RECORD. Any lot which is part of a subdivision the plat of which has been recorded in the County Recorder’s Office, or a lot described by metes and bounds the deed to which has been recorded in the County Recorder’s Office, at the time this chapter becomes effective.
      LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line.
      MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on 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 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 filed a certification required by the Secretary of the United States Department of Housing and Urban Development and which complies with the standards established under §§ 155.001 et seq. and §§ 155.020 et seq.
      MANUFACTURING. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided such uses do not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influence.
      MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.
      MICROBREWERY. A facility that is operated by the holder of a brewer’s license issued under M.S. § 340A.301 and manufacturers and distributes intoxicating malt liquor or wine in a total quantity not to exceed 250,000 barrels a year.
      MINI-STORAGE. A structure or structures containing separate storage spaces of varying sizes, which are leased or rented individually. An office, for rental and operations of the units, may be attached to such structures.
      MNRAM. The Minnesota Routine Assessment Methodology (MnRAM) as referenced in Minnesota Rules 8420. MnRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include floral diversity and integrity; wildlife habitat; water quality protection; flood and stormwater attenuation; recreation, aesthetics, education and science; fishery habitat; shoreline protection; groundwater interaction and commercial uses.
      MOBILE HOME. A detached residential dwelling unit designed for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for 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. A travel trailer is not to be considered a “mobile home.”
      MOTEL or MOTOR HOTEL. A building or group of detached, semidetached, or attached buildings containing guest rooms 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 FUEL STATION. A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles are retailed directly to the public on the premises, and including minor accessories and services for automobiles, but not including major repairs and rebuilding.
         (a)   AUTOMOBILES. Any motor vehicle not exceeding 26,000 pounds gross weight.
      MOVIE THEATER. A building with individual rooms for viewing motion picture shows.
      NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration collect, store, and channel surface water runoff.
      NONCONFORMITIES. Uses, structures, or lots that do not comply with the current zoning ordinance.
         (a)   LEGAL. Any structure or use which lawfully existed at the time of the passage of this chapter, but does not conform to the regulations of this chapter.
         (b)   ILLEGAL. Any structure or use which did not conform to the regulations of this chapter at the time it was established or does not conform to the regulations of this chapter.
      NURP POND. A stormwater pond constructed to meet National Urban Runoff Program (NURP) requirements.
      OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
      OFF-SITE SERVICES. 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 service and other uses of similar character.
      OPEN SALES LOT. Any open land used or occupied for the purposes of buying, selling, and/or renting merchandise and for the storing of same prior to sale.
      OPEN SPACE. (See “Usable Open Space”)
      OPEN SPACE DEVELOPMENT. A type of subdivision that allows the grouping of residential lots on smaller lots in order to use the extra land as open space or recreation in perpetuity.
      ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER MARK 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.
      OUTDOOR TEMPORARY SEASONAL SALES. A short-term display and/or sale of seasonal products such as the following: Christmas trees, nursery products and horticulture products (fruits, vegetables, flowers, shrubs and the like).
      PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below, and/or above grade.
      PARKING SPACE. A land area containing the space usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.
      PATIO/PLATFORM - GROUND LEVEL. A structure made of concrete, brick, wood, or other building materials, with a height of eight inches or less from ground level from any point of the structure, and is not attached to a principal or accessory structure.
      PERFORMANCE STANDARD. A criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage, or 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 is generally compatible with the basic use classification of a particular zone and is to be allowed within the zone subject to the requirements of this chapter and other ordinances and code provisions of the city.
      PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
      PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons assemble at regular intervals 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, including, but not limited to, churches, chapels, temples, mosques, and synagogues. Examples of accessory uses for a place of worship include, but are not limited to, classrooms for religious instruction, kitchens, banquet and meeting rooms, and offices in support of the worship use. Examples of auxiliary uses which are not considered a place of worship: coffee shops, day cares, restaurants, outdoor sports or recreational complexes, retreat homes, publishing establishments, schools, hospitals and drug treatment centers.
      PLANNED UNIT DEVELOPMENT.  An urban development having two or more principal uses or structures on a single lot and developed according to an approved plan. Where appropriate, this development control advocates:
         (a)   A mixture of land uses, one or more of the non-residential uses being regional in nature;
         (b)   The clustering of residential land uses providing common and public open space, the former to be maintained either by the residents of the development or the local community; and
         (c)   Increased administrative discretion in a local professional planning staff and the setting aside of present land use regulations and rigid plat approval processes.
      PLANNING COMMISSION. The St. Michael Planning Commission, except when otherwise designated.
      PLOT. A tract, other than one unit of a recorded plat or subdivision, occupied and used or intended to be occupied and used as a building site and improved or intended to be improved by the erection thereon of a building and accessory buildings and having a frontage upon a public street or highway and including as a minimum such open spaces as required under this chapter.
      PRE-SCHOOL. A public or private institution of children who are pre-kindergarten school age.
      PRINCIPAL USE or PRINCIPAL STRUCTURE. A use or structure that is not an accessory use or structure.
      PUBLIC USE. A use owned or operated by a municipal, school district, county, state, or other governmental unit.
      PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish, and furnishing under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, or water.
      PUBLIC VALUE CREDIT (PVC). Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a one to one ratio of wetland fill to wetland replacement.
      PUBLIC WATERS. Any waters of the state which serve a beneficial public purpose, as defined in M.S. § 105.36(6), not including, however, a lake, pond, or flowage of less than ten acres in size or a river or stream having a total drainage area less than two square miles. In addition, bodies of water created by private users where there was no previous shoreland (for a designated private use authorized by the Commissioner of Natural Resources) shall also be considered not public waters and thus exempt from the provisions of §§ 155.405 through 155.410 of this chapter. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowage shall be the areas listed in the Division of Minnesota Lakes, or in the event that lakes, ponds, or flowage are not listed therein, official determination of size and physical limits shall be made by the Commissioner in cooperation with the City of St. Michael.
      REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
      RECREATION FIELD or RECREATION BUILDING. An area of land, water, or any building in which amusement, recreation, or athletic sports are provided for public or semi-public 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 RECREATION BUILDING for the purpose of this chapter.
      RECREATIONAL VEHICLE. A self-propelled vehicle or trailer which is used primarily for recreational purposes, including but not limited to motor homes, travel trailers, snowmobiles, boats, jet skis, dirt bikes, and ATVs.
      REFUSE. (See Junk)
      REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term “base flood” used in the Flood Insurance Study.
      REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
      RESIDENTIAL CARE 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 the care, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person’s own home. RESIDENTIAL CARE FACILITIES include, but are not limited to, state 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. To the extent that this definition conflicts with the provisions of M.S. § 462.357, Subds. 7 and 8, the provisions of state law will control.
      RESTAURANT. An establishment which serves food in or on non-disposable dishes and to be consumed primarily while seated at tables or booths within the building.
      ROOF LINE. The top of the coping or, when the building has a pitched roof, at the intersection of the outside wall with the roof.
      SCHOOL. A public or private institution, together with it’s accessory buildings and uses, for learning with either a kindergarten, elementary or secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils and staff meeting the standards established by the state. Examples of accessory uses for a school include, but are not limited to gymnasiums, swimming pools, auditoriums, and offices in support of the school use.
      SCIENTIFIC OR NATURAL AREA. An area designated by local, state or federal action as providing unique qualities such as recreational, scientific or educational uses. This would include, but is not limited to areas that:
         (a)   Have resources restored for specific purposes, such as water quality improvements, wetland mitigation or wildlife habitat;
         (b)   Are recognized as an Outstanding Resource Value Water (Minnesota Rules Chapter 7050);
         (c)   Are within an environmental corridor identified in a local water management plans;
         (d)   Are part of a sole-source aquifer recharge area;
         (e)   Provide endangered species habitat; or
         (f)   Have biological communities or species that are listed in the Natural Heritage inventory database.
      SCREENING. The presence of an artificial barrier, vegetation, or topography which makes any structure on any property visually inconspicuous.
      SEASONAL PORCH. A structure attached to the principal structure, designed to be used during the warmer seasons and which may contain partial wall construction and a roof, but contains no enclosed space above or below, and is not equipped with windows or heating and cooling systems.
      SEASONAL STORAGE. Indoor storage of personal recreational items or equipment in any agricultural building(s) where more than 25% of the building is used at any time for the purpose of renting or leasing indoor storage space, and is open to the public on a limited seasonal basis.
      SEMI-PUBLIC USES. Uses by private or private, non-profit organizations which are open to some but not all of the public such as denominational cemeteries, private schools, clubs, lodges, recreation facilities, churches, etc.
      SETBACK LINE. The mean horizontal distance between the property line and the line of the building or the allowable building line as defined by the yard regulations of this chapter.
      SHOPPING CENTER. An integrated grouping of commercial stores, under single ownership or control.
      SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
      SIDE YARD. That part of a lot between the side line of the lot and the nearest line of the building located on the lot and extending from the rear lot line of the lot to the front yard.
      SITE PLAN.  A map drawn to scale depicting the development of a tract of land, including but not limited to the location in 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 or degree.
         (a)   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 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
         (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.
         (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 clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
         (b)   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
         (c)   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
         (d)   Situations involving a person or persons, any of whom are nude or 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;
         (e)   Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
         (f)   Human excretion, urination, menstruation, or vaginal or anal irrigation.
      SPORTS TRAINING. A gymnastics, martial arts, aerobics, exercise and dance studios, and similar uses, but does not include fitness centers serving customers on an individual basis.
      STANDBY OR BACKUP ELECTRICAL POWER GENERATION UNIT. An electrical power generation unit that is operated only during interruptions of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. The unit must be a UL approved listed appliance meeting state decibel levels in and abutting residential districts. This unit shall not supply electrical power as supplemental electricity in case the electrical service has been shut off to the dwelling unit, and shall not emit fumes or gas.
      STORY. That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if no such floor is above, the space between such floor and the ceiling next above it.
         (a)   HALF STORY.  A space under a sloping roof where the line intersecting the roof decking and wall face is not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
      STREAM. A natural channel or bed that conducts a flow of water, as in a brook or creek.
      STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane or place or however otherwise designated.
      STREET FRONTAGE. The proximity of a parcel of land to one street. A corner lot has two frontages.
      STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, pergolas, decks, gazebos, travel trailers/vehicles not meeting the exemption criteria and other similar items.
      STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
      SUBDIVISION. The division of a single plot, tract, or parcel of land, or a part thereof, into two or more lots, tracts, or parcels of land for the purpose of either immediate or future transfer of ownership for residential, commercial, or industrial purposes; or the division of a single lot, tract, or parcel of land into two parking areas or leaseholds for the purpose of either immediate or future building development for residential, commercial, or industrial purposes; provided such division does not result in a violation of any other section of this chapter or any other ordinance or code provision of the city.
      TAPROOM. A room that is located on the premises or adjacent to one microbrewery location owned by a licensed microbrewery intended for the on-sale of malt liquor produced on site by the brewer as authorized by M.S. § 340A.301, Subd. 6b.
      TERRACE. A platform that is not held up by posts and footings and that projects from the wall of the principal structure, is surrounded by a railing and has no exterior accesses.
      TOE OF THE BLUFF.  The lower point of a 50-foot segment with an average slope exceeding 18%.
      TOP OF THE BLUFF.  The higher point of a 50-foot segment with an average slope exceeding 18%.
      UPLAND. All lands at an elevation above the normal high water mark.
      USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, 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 for which land or premises or a building thereon is designated, arranged, or intended, or for which it is or may be occupied or maintained.
      UTILITY BUILDING. An incidental structure on the same lot with a principal building ordinarily used for storage of lawn, garden, recreational, and maintenance equipment and no larger than 120 square feet in size.
      VARIANCE.  Variances shall be granted as provided in § 155.442.
      VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.
         (a)   NATIVE VEGETATION. Plant species indigenous to or naturalized to the state or plant species classified as native in the Minnesota Native Plant Database (Minnesota Dept. of Natural Resources, 2002 or as amended). Native vegetation does not include weeds.
      VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable.
      WAREHOUSING. The indoor storage of materials, equipment or products. WAREHOUSING does not include self-storage facilities which are defined separately.
      WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
      WATERCOURSE. A channel or depression through which water flows, such as a river, a stream, or a creek, and may flow year-round or intermittently.
      WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
      WEEDS.  Noxious weeds as defined and designated pursuant to the Minnesota noxious weed law, or any volunteer plants, such as but not limited to spotted knapweed (Centaurea maculosa) or burdock (Arctium minus). For the purpose of this definition, weeds do not include dandelions or clover.
      WETLAND ALTERATION. Alteration of a wetland includes changes to the wetland or wetland buffer strip in regards to size, depth or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not include wetland plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules 1050.0730 to 1050.0750, unless within a Conservation Easement in which case submission of and approval of a Vegetation Management Plan from the city is required.
      WETLAND BUFFER STRIP. An area of vegetated groundcover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of a buffer as defined in this section.
      WETLAND PLAN. A summary of all work items to be completed in relation to any wetland alterations or wetland or wetland buffer strip restoration, replacement, or construction and the estimated cost for each item. Work items include, but are not limited to, wetland buffer strip monument purchase and installation, weed control, landscaping within the wetland or wetland buffer strip, wetland and wetland buffer strip monitoring or any items determined to be incomplete during the development review process.
      WETLAND TYPE. Determined in accordance with United States Fish and Wildlife Service (latest circular addition) and/or Minnesota Rules 8420. For wetlands greater than 40 acres in the overall wetland type shall be one of the following:
         (a)   The wetland type with the deepest water regime within the wetland and within 300 feet of the impact;
         (b)   The wettest dominant water regime, if it is greater than 20% of the wetland types present within the wetland; or
         (c)   Other method pre-approved in writing by the Zoning Administrator or his or her designee. For wetlands less than 40 acres in size, the overall wetland type shall be the wetland type with the deepest water regime within the entire wetland.
      WETLANDS. An area where water stands near, at, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:
         (a)   Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge, meadow, shrubland, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United States Fish and Wildlife Service, Circular 39, “Wetlands of the U.S.,” 1956.)
         (b)   Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and muck).
         (c)   Soil which is water-logged or covered with water at least three months of the year. Swamps, bogs, marshes, potholes, wet meadows, and sloughs are WETLANDS, and properly may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage but would require drainage to be made arable. The edge of a WETLAND is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
      WHOLESALE SHOWROOMS. The display of merchandise and sales incidental to and accessory to the principal showroom use to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers.
      WILDLIFE HABITAT. Plant communities that support wildlife in a natural undomesticated state.
      YARD.  The open, unoccupied space on a lot surrounding its principal building which is unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter.
         (a)   FRONT YARD. A yard abutting a (public or private) road and extending across the front of the lot between the side lot lines and lying between the front line of the lot and the principal building. For lots fronting on public bodies of water the front yard shall be considered the portion of the lot opposite the body of water.
         (b)   REAR YARD.  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 building.
         (c)   SIDE YARD. A yard between the side line of the lot and the nearest line of the building and extending from the front lot line of the lot to the rear yard.
         (a)   REAR YARD DEPTH. The mean horizontal distance between the rear line of the building and the center line of an alley, where an alley exists; otherwise a rear lot line.
      ZONING ADMINISTRATOR. The duly appointed officer charged with the administration and enforcement of this chapter or his or her designated representative.
      ZONING DISTRICTS. Areas of the city (as defined on the Zoning Map) set aside for specific uses with the specific requirements for use of development.
      ZONING MAP. The map or maps incorporated into this chapter as a part thereof designating the zoning districts.
(Ord. 73, passed 7-24-90; Ord. 110, passed 11-15-97; Am. Ord. 133, passed 10-10-00; Am. Ord. 135, passed 1-9-01; Am. Ord. 0101, passed 12-11-01; Am. Ord. 0204, passed 8-13-02; Am. Ord. 0305, passed 4-8-03; Am. Ord. 0405, passed 5-11-04; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0701, passed 1-9-07; Am. Ord. 0703, passed 7-10-07; Am. Ord. 0802, passed 3-11-08; Am. Ord. 0807, passed 10-14-08; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1106, passed 8-9-11; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1403, passed 9-9-14; Am. Ord. 1406, passed 11-10-14; Am. Ord. 1407, passed 12-23-14; Am. Ord. 1502, passed 4-8-15; Am. Ord. 1506, passed 9-8-15; Am. Ord. 1602, passed 2-16-16; Am. Ord. 1603, passed 3-8-16; Am. Ord. 1704, passed 10-24-17; Am. Ord. 1806, passed 10-23-18; Am. Ord. 2001, passed 7-14-20; Am. Ord. 2004, passed 11-10-20; Am. Ord. 2103, passed 12-14-21; Am. Ord. 2203, passed 4-12-22)