(A) Words used in the present tense shall include the future tense, words in the singular number shall include the plural, and words in the plural shall include the singular.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building that is subordinate to the principal building, which serves a purpose that is customarily associated with the principal use, and which is located only in the rear or side yard of the principal structure or use. Examples of ACCESSORY BUILDINGS include storage shed, greenhouses and detached residential garages.
ACCESSORY STRUCTURE. A structure that is subordinate to a principal building or structure, which serves a purpose that is clearly incidental to the principal use of the lot. Examples of ACCESSORY STRUCTURES include gazebos, patios, storage enclosures, fences, signs, detached carports, driveways and parking lots.
ADDITION. Any alteration to a structure which results in any increase in the structure’s footprint.
ADULT 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.
(Am. #2, passed 4-22-2002)
ADULT BOOKSTORE. A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, or motion picture film, if the shop 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 the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(Am. #2, passed 4-22-2002)
ADULT CABARET. An establishment which provides dancing or other live entertainment, if the establishment excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.
(Am. #2, passed 4-22-2002)
ADULT COMPANIONSHIP ESTABLISHMENTS. 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.
(Am. #2, passed 4-22-2002)
ADULT ESTABLISHMENT.
(a) A business engaged in any of the following activities or which utilizes any of the following business procedures or practices either:
1. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage there at either by law or by the operators of the business; and/or
2. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.
(b) Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel and motels, and adult body painting studios.
(Am. #2, passed 4-22-2002)
ADULT 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.
(Am. #2, passed 4-22-2002)
ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor as required to be licensed or a 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.
(Am. #2, passed 4-22-2002)
ADULT MINI-MOTION PICTURE THEATER. A business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(Am. #2, passed 4-22-2002)
ADULT 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 the 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 the customers.
(Am. #2, passed 4-22-2002)
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically or mechanically controlled 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.
(Am. #2, passed 4-22-2002)
ADULT MOTION PICTURE THEATERS. A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(Am. #2, passed 4-22-2002)
ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.
(Am. #2, passed 4-22-2002)
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.
(Am. #2, passed 4-22-2002)
AGRICULTURE. The use of land for the growing or production of field crops, livestock, and livestock products for the production of income.
ALLEY. A public thoroughfare not more than 20 feet in width, for the use of vehicles, which has been dedicated or deeded to the public for its use.
ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, partitions, columns, beam, or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration.
ATTACHED. Having 1 or more walls common with a principal building, or joined to a principal building by a covered porch or passageway, the roof of which is a part or extrusion of a principal building. Or accessory structures within 5 feet of principal structure.
BUILDING HEIGHT. Measured from the average existing grade across the front building line (“point of measurement”), measured at major corners of the building, to:
(a) The highest midpoint of sloped roof systems; or
(b) The top of the highest parapet of flat roof systems
CARPORT. A single-story covered parking accessory structure that is open on 2 or more sides and is less than 600 square feet.
DWELLING. A structure built and designed for human occupancy. This includes manufactured homes and underground homes as well as conventionally built structures. This excludes a tent or cabin trailer.
DWELLING, MULTI-FAMILY. A dwelling or portion thereof, designed for occupancy by 3 or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A detached dwelling containing 1 dwelling unit and having no wall in common with an adjacent house(s) designed for occupancy by 1 family unit.
DWELLING, 2-FAMILY. A detached dwelling containing 2 dwelling units and designed for occupancy by 2 families or housekeeping units living independently of each other.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein
EARTH SHELTER. A building constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth and the building code standards are satisfied. Partially completed buildings shall not be considered earth sheltered.
ENTERTAINMENT, ADULT. Adult bookstores, adult motion picture theaters, adult minimotion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling
studios, adult hotels or motels, adult body painting studios, and other establishments. The development to be developed at standards that will not impair the traffic carrying capabilities of abutting roads and highways, will to result in strip commercial development and to separate from residential areas and in certain cases from each other certain commercial uses which have been determined to contribute to a skid row or blighting development pattern in adjacent areas.
(Am. #2, passed 4-22-2002)
FAMILY. A group of individuals related by blood, marriage, legal adoption, or legal guardianship, living together as 1 housekeeping unit using 1 kitchen and providing meals or lodging to not more than 3 unrelated persons living together as 1 housekeeping unit using 1 kitchen.
FARMING. The cultivating or pasturing of a parcel of land and the raising of domestic livestock or fowl for commercial purposes. It can include retail sale of goods produced on the premises for example plant nurseries and vegetable stands could qualify, but not if they sell shipped in goods.
FENCE. Any artificially constructed barrier of any materials or combination of materials erected to enclose or screen areas of land.
HANDICAPPED PARKING STALL. Any parking stall so designated by state statute and shall measure 10 feet wide and 20 feet long.
HEDGE. A dense barrier comprised of planted vegetation designed to enclose or screen areas of land.
HEIGHT OF BUILDING. The vertical distance from the average natural grade to the highest point of the coping of a flat roof, or to the deck tine of a mansard roof, or to the main height level between eaves and ridge or gable, hip, or gambrel roofs.
HOME OCCUPATION. An acceptation or profession normally and customarily carried on in a dwelling unit primarily by members of the family residing in the dwelling unit and does not change the residential character of the site. The home occupation shall be clearly incidental to the use of the structure as a dwelling. A maximum 2 square foot sign stating the name and address of the home occupation shall be the only indication that the structure is used for something other than residential use.
IMPERVIOUS SURFACE. Artificial structures such as pavements (roads, sidewalks, driveways, parking lots, and rooftops) that are covered by impenetrable materials such as asphalt, concrete, brick, and stone. Soils compacted by urban development are also highly impervious. IMPERVIOUS SURFACES shed rainfall and associated surface pollutants forcing the water to run off directly into nearby storm drains and then into streams, rivers and lakes.
INTERSECTION SIGHT TRIANGLE. A triangular area formed by the intersection of streets and alleys along the curb line or edge of pavement/gravel, whichever is closer to the property, and a line joining the points 30 feet distant from the intersection.
LOT. One unit of a recorded plat or subdivision, which has frontage on a public street and used or intended to be used as a building site under the terms of this chapter.
LOT AREA. The total horizontal area within the lot lines of a lot exclusive of streets and public or private easements or right-of-way providing access to other lot not to exclude utility easements.
LOT, CORNER. A lot abutting on 2 or more streets other than an alley, at their intersection.
LOT LINE. The property line bounding a lot.
LOT LINE, FRONT. The lot line separating a lot from all streets other than the alley. In the case of a corner lot or a through lot, each street has a front lot line.
LOT LINE, REAR. The lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line 10 feet in length within the lot paralleled to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT WIDTH. The average horizontal distance between the side lot lines ordinarily measured parallel to the front lot line. In case of a lot of irregular shape, the main width shall be the lot width.
MANUFACTURED HOME. Structure, not affixed to or part of real estate, transportable in 1 or more sections, which in the traveling mode, is 8 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 permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it. A manufactured home shall also be a dwelling as defined by M.S. § 327.31, Subd. 6, as it may be amended from time to time and shall be constructed in compliance with the Manufactured Home Building Code established by M.S. §§ 327.31 and 327.32, as they may be amended from time to time.
MANUFACTURED HOME PARK. A site, lot, field, or tract of land where 2 or more mobile homes are located within 500 feet of 1 another under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental of use of facilities or to offer space free in connection with securing the trade or patronage of the person. The term MANUFACTURED HOME PARK shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students. MANUFACTURED HOME PARKS, as defined by M.S. § 327.14, Subd. 3, as it may be amended from time to time, are permitted by M.S. § 462.357, Subd. 1b, as it may be amended from time to time, as a conditional use in all zoning districts that allow the construction or placement of a building used or intended to be used by 2 or more families. Thus, MANUFACTURED HOME PARKS are allowed by law as a conditional use in zoning districts R-1 (since multiple-family dwellings are a conditional use in that district), R-2 (where they are specifically mentioned), C-2 (since multiple-family dwellings are a conditional use in that district), and in A (since dwellings are a conditional use in that district).
MOBILE HOME. A vehicular or portable structure which is constructed for movement on the public highways; which is designed for use as a residence but which may or may not meet the length and width requirements of a manufactured home.
NONCONFORMING STRUCTURE OR USE. A lawful existing structure or use at the time this chapter or any amendment thereto becomes effective, which does not conform with currently applicable use regulations, but which compiled with use regulations in effect at the time the use was established.
PARKING FACILITY. An area on a lot or within a building lot, or both, including 1 or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting in the requirements established by this chapter. The term PARKING FACILITY shall include parking lots, garages, and parking structures.
PARKING SPACE. An area on a lot or within a building lot, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term PARKING SPACE is equivalent to the term PARKING STALL and does not include driveways, aisles, or other features comprising a parking facility.
PERVIOUS SURFACE. Porous surface designed to allow percolation or infiltration of storm water through the surface into the soil below where the water is naturally filtered and pollutants are removed.
PLANNED UNIT DEVELOPMENT. A residential development where dwelling units are grouped into clusters, allowing an appreciable amount of land for open space in accordance with a prearranged site plan and where the common open space is owned by the homeowner and usually maintained by a homeowner association.
PORCH, OPEN. A roofed structure, open on 2 or more sides, projecting from the front, sides, or rear wall of the building.
RECREATIONAL VEHICLE. A vehicle towed or self-propelled an its own chassis or attached to the chassis of another vehicle and designed for or used for temporary dwelling recreational or sporting purposes. The term RECREATIONAL VEHICLE shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks aid buses, and boats and boat trailers.
RESIDENTIAL CONVENIENCE SERVICE. A use or activity of a commercial nature conducted as an accessory use to multiple family residential or mobile home park residential use, and intended solely for the convenience of residents thereof
ROOMS HABITABLE. A habitable room which provides a required area and window area to provide necessary light and ventilation of occupants and shall be clean and sanitary at all times.
SEMI-TRAILER. A vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and includes a trailer drawn by a truck-tractor semi-trailer combination.
SETBACK LINES. A line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and defining that minimum distance between the building and property line which buildings and structures may not be placed.
SITE PLAN. A plan prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses, and the principal site development features including parking, access, and landscaping and screening, proposed for a specific parcel of land.
SOFT-SIDED STORAGE ENCLOSURES. A single-story accessory structure with a rigid frame and flexible walls and/or roof.
SOLID WASTE DUMPSTERS OR REFUSE CONTAINERS. Solid waste container capable of holding 1 or more yards of waste.
SPECIFIED ANATOMICAL AREAS. Anatomical areas consisting of:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, 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.
(Am. #2, passed 4-22-2002)
SPECIFIED SEXUAL ACTIVITIES. Activities consisting of the following:
(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;
(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 breasts;
(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 or any such person;
(f) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Am. #2, passed 4-22-2002)
STORY. The part of any building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least 1/2 of its height above the highest level of adjoining ground.
STREET. A public right-of-way for vehicular and pedestrian traffic.
STRUCTURAL ALTERATION. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.
STRUCTURE. In general, anything constructed or erected, the use of which requires its permanent location on the ground (or its attachment to something having a permanent location on the ground), including but not limited to: gazebos, patios, storage enclosures, carports, driveways, parking lots, garden and retaining walls over 3 feet in height, fences signs, kiosks, or similar uses. The term STRUCTURE does not include the word BUILDING unless the context clearly indicates otherwise.
SUBDIVISION. The division of land into smaller parcels through the use of a plat, registered land survey or metes and bounds description.
SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground, and on-ground swimming pools, and fixed-in-place wading pools.
TOWNHOUSE. A dwelling unit having a common wall with or abutting 1 or more adjoining dwelling units in a townhouse group.
TOWNHOUSE GROUP. Two or more contiguous townhouses having common or abutting walls.
TOWNHOUSE LOT. The portion of the total development site of a townhouse residential use intended for separate ownership as the location of a single townhouse and associated private yard area.
TRUCK-TRACTOR. A motor vehicle designed used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn; and a motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles.
USE. The purpose, for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.
YARD. An open space on a lot, which is unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT. A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of a building or other structure. A parcel can have more than 1 front yard according to the definitions herein.
YARD, REAR. A yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a building or other structure.
YARD, SIDE. A yard between the front and rear yards measured horizontally at right angles from the side lot line to the nearest point of a building or other structure.
(C) The following illustration clarifies and explains selected definitions.
(Ord. 239, § 102, passed 1-22-2000; Am. Ord. 2015-01, passed 2-9-2015; Am. Ord. 2015-02, passed 2-23-2015)