§ 162.061 USE DEFINITIONS.
   (A)   Accessory use.
      ACCESSORY BUILDING. A building subordinate to, but not part of, the principle building and used for a purpose incidental to the principle building, structure or use. Must not be connected to public or private sewer.
   (B)   Agricultural uses.
      AGRICULTURAL STAND. A structure, or portion thereof, up to 1,000 square feet or an outdoor area used for the retail sale of agricultural and related incidental products primarily grown on the premises (excluding livestock).
      CROP FARMING. The tilling of the soil, growing, harvesting and storing crops, agriculture related commercial, storage yards, industrial uses and services.
      GRAIN STORAGE FACILITY. Storage structure for storing bulk agriculturally grown products. Excluding any mined, quarried or manufactured product. Only allowed in the General Commercial Zoning District when it is an existing legal non-conforming use.
      LIMITED LIVESTOCK RAISING. The keeping, grazing or feeding of livestock for sale or livestock increase with a maximum of one animal unit per acre and a minimum of two acres for the first animal unit. Feedlots, stockyards and auction houses and other similar uses are not allowed.
   (C)   Bar/brewery uses.
      BAR/COCKTAIL LOUNGE. An establishment where alcoholic beverages are sold at retail for consumption on the premises and where, if food is also sold, sale of alcoholic beverages is 25% or more of gross receipts.
      BREWERY. A facility that produces, for sale, beer, ale or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume.
      BREWPUB. A small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may be limited by state statue.
      DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof for non- industrial use.
      MICRO-DISTILLERY WITH TASTING ROOM. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use not to exceed 40,000-proof gallons per calendar year.
      SMALL BREWERY WITH TAPROOM. A brewery that produces no more than 20,000 barrels of malt liquor in a calendar year.
      TAPROOM. An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A TAPROOM may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off-premises consumption, packaged subject to state statute.
      TASTING ROOM. An area for the on-sale consumption of distilled spirits or wine produced on the premises of, or adjacent to one winery or one distillery and in common ownership to the producer of the wine or distilled spirits. The TASTING ROOM AREA may include sales for off-premises consumption of products produced by the owner of the winery or distillery location if permissible by state law.
   (D)   Industrial uses.
      HEAVY INDUSTRIAL. Establishments involved in the manufacturing, fabrication or compounding of products, on a primarily wholesale basis, in particular those involving the use of mechanical power and machinery to produce products from raw materials, or to prepare or alter materials for use in a finished product, or to assemble parts into products where there is the creation of odor, dirt, dust and noise.
      INDUSTRIAL SERVICE. Establishments involved in repair and servicing of industrial, or business machinery, equipment, products with some ancillary sales, repair, storage or salvage operations and truck stops.
      INDUSTRIAL WAREHOUSING DISTRIBUTION OR STORAGE. Establishments involved in the storage or distribution of materials or equipment on a primarily wholesale basis or as support to a service industry. Property can include equipment sales and rental and ancillary business offices.
      LIGHT INDUSTRIAL. Establishments involved in the processing or assembly of products where the process involved is relatively clean and nuisance-free, in the creation of finished products for sale on a primarily wholesale basis.
      MINING OPERATIONS OR EXTRACTIVE USE. Extracting mineral resources which may include stockpiling, for retail, wholesale, contract purchase or transfer of mineral products. For purposes of this chapter, the leveling, grading, filling or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development and the like) does not constitute a mining site/operation, if: processing of the material does not occur on the property; the activity is completed quickly, does not occur over an extended period of time and on-site stockpiles are fully depleted; and, a mining permit is not required from the Department of Natural Resources.
   (E)   Institutional uses.
      COMMUNICATION TOWER. Any lower structure used for the purpose of providing transmission of cell phone, radio or other personal wireless facilities.
      CULTURAL INSTITUTION. A facility used for the storage, preservation, study or exhibition of historic or cultural objects, or scientific interest for the recreation or cultural education of the public. Gift shops, educational or recreational services can be ancillary uses.
      ESSENTIAL UTILITY FACILITY. Structures which provide shelter for equipment, a central utility hub for utilities, booster or transmitting (not including towers).
      INSTITUTIONAL USE. Any use which typically provides a service on a not-for-profit basis by an organized establishment, foundation or society, including religious, private or public non-profit organizations such as schools, hospitals, churches and government facilities.
      SOLAR GARDEN/FARM. A solar power installation that accepts capitol from and provides output credit and tax benefits to individuals and other investors.
      STATE LICENSED RESIDENTIAL FACILITIES. A use which is required under M.S. § 462.357, as it may be amended from time to time.
         (a)   FAMILY DAY CARE. A day program providing care for not more than ten children at one time, and which is licensed by the county as a family day care home.
         (b)   GROUP DAY CARE. A day care program providing care for more than six children at one time. GROUP DAY CARE includes programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers for school age children, after school programs, infant day care centers, cooperative day care centers and Head Start programs.
         (c)   GROUP FAMILY DAY CARE. A day care program providing care for no more than 14 children at any one time of which no more than ten are under school age.
         (d)   SUPERVISED LIVING FACILITY. For persons with developmental disabilities or related conditions where supervision, counseling, housing and DHS-licensed habilitative or rehabilitative program services are provided to serve five or more developmentally disabled clients.
   (F)   Miscellaneous uses.
      ADULT ENTERTAINMENT ESTABLISHMENT. As defined in M.S. § 617.242, as it may be amended from time to time, a business that is open only to adults and that presents live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct or nudity.
      COMMERCIAL KENNEL. The keeping of more than three dogs or four cats on the same premises, whether owned by the same person or not that are kept for sale, breeding, profit and/or training. A litter of pups or kittens may be kept up to three months before it shall be considered a KENNEL.
      MAJOR TRAFFIC GENERATOR. Any use of land for whatever purpose (commercial, industrial, recreational or residential) which generates 500 or more vehicle trips per day total or 60 heavy vehicle trips per day according to the ITE (Institute of Transportation Engineers) most recent Trip Generation Manual.
      MIXED USE. A mix of more than one principal use per lot or parcel including different types of residential (single- and multi-family) and/or mix of residential, commercial and/or institutional uses.
      NURSERY/GREENHOUSE/LANDSCAPE BUSINESS. A business growing and selling trees, flowering, decorative and/or edible plants which may be conducted in or outside of a building.
      PARKING GARAGE. A structure or any portion thereof designed for the parking of one or more motor vehicles, not including display or storage of motor vehicles for sale.
   (G)   Office uses.
      PROFESSIONAL SERVICE. The selling of personal or professional services to the end consumers that typically do not produce a tangible commodity and the sale of merchandise is less than 25% of the business including medical, beauty, law and other professional services.
   (H)   Recreational uses.
      CLUB. An establishment or properly operated for social, recreational or educational purposes, but open only to members and their guests and not the general public.
      HUNTING/SHOOTING CLUB. An organized gun/archery club that allow the firing of dangerous weapons on the club grounds only by members and guests subject to such conditions as may be required by the city to protect the public health, safety and welfare.
      MARINA. A dock or basin providing moorage for four watercraft or more and which may offer supply, repair, rental or other support facilities.
      PARKS AND OPEN SPACE. Lands which are open to the public that provide a location for natural environmental, cultural or recreational activities and enjoyment.
      RECREATIONAL ENTERTAINMENT FACILITY, MAJOR. A structure or open space providing entertainment or recreation, including, but not limited to: amusement centers; movie theaters with more than two screens or stages; and indoor or outdoor water parks or amusement parks, concert venues, dance halls, ski hill, golf course.
      RECREATIONAL ENTERTAINMENT FACILITY, MINOR. A structure or open space providing entertainment or recreation, including, but not limited to: bowling alleys; pool or billiard halls; tennis courts; racquetball courts; exercise facilities; roller and ice skating rinks; concert venues with a capacity of up to 200 patrons; theaters with up to two screens or stages.
   (I)   Residential uses.
      ACCESSORY APARTMENT. A dwelling unit with up to 50% of the principle structure, subordinate to and located in an owner-occupied single-family dwelling or principle structure of a commercial business.
      BED AND BREAKFAST. An establishment in a single-family dwelling that provides temporary accommodations to overnight guests for compensation and meals for a daily or weekly fee.
      CAMPGROUND. An open-air recreation area where temporary shelters are allowed and intended to provide transient occupancy and associated buildings and accessory structures and offices used in the operation of the facility.
      GUEST COTTAGE. An accessory structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
      HOME OCCUPATION. Any occupation or business conducted within the principle or accessory building by the resident(s). The space used by the business cannot exceed 25% of the usable floor area of the principal structure.
      HOTEL/MOTEL. A structure or group of structures in which three or more units for lodging are offered to transient guests with furnishing of sleeping accommodation in rooms or suites of rooms for compensation, and may also include an ancillary eating establishment, gift shop or other ancillary tourist services available to guests and/or to the general public.
      MANUFACTURED HOME PARK. A contiguous parcel of land which is developed for the placement of mobile homes which is owned by a single entity rather than parcels that are individually owned.
      MULTIPLE-FAMILY DWELLING. A structure or portion thereof intended and designed for two or more dwelling units.
      SINGLE-FAMILY ATTACHED DWELLING. A building designed or used exclusively for residential purposes by one family on its own separate lot and is attached on at least one side by another single-family dwelling.
      SINGLE-FAMILY DETACHED DWELLING. A building containing one dwelling unit on its own separate lot, not attached to any other dwelling units, having yards on all sides of the unit.
   (J)   Retail uses.
      COMMERCIAL RETAIL. The selling of merchandise or goods over a counter to consumers and rendering services incidental to the sale of the goods including services which support agricultural such as soil preparation, crop, farm and breeding services on a fee or contract basis. All commercial retail drive-thru services will require a conditional use permit.
      CONTRACTOR YARD. A site used for storage of equipment and supplies used by a construction or landscape contractor in the operation of their business.
      GARAGE, COMMERCIAL. Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, sold or stored.
      GAS STATION. An establishment which sells gasoline typically at outdoor pumps to automobiles and other vehicles, and may include sale of convenience items.
      OUTDOOR SALES, SERVICE, RENTAL LOT. An outdoor space for display and/or sales of goods, materials or merchandise where the majority of product is located and business can occurs within a permanent structure.
      RESTAURANT. An eating establishment where food and beverage is served to a customer. Establishments serving alcohol for consumption (where gross sales of alcohol are 25% or less) on site or providing take-out food to order as ancillary use are included.
      RESTAURANT, BAR OUTDOOR SEATING. More than three tables (with or without chairs) or four benches or chairs provided by a business to allow patrons to eat and/or drink outside of the business.
      RESTAURANT, DRIVE-IN/DRIVE-THRU. Any eating establishment with a drive-thru or a drive-in facility.
   (K)   Service uses.
      FUNERAL PARLOR. Private non-denominational funeral chapels and other facilities for the purpose of spiritual meditation and vigil before burial of deceased persons.
      REPAIR AND MAINTENANCE SERVICE. The provision of repair or maintenance services including auto, mechanical, machinery repair or retooling.
      SELF-STORAGE FACILITY. A site, structure or building in which customers can rent space to store possessions. INDOOR SELF-STORAGE FACILITIES are those that are completely enclosed with walls and roof.
(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)