§ 1-120. Definitions.

Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall, for the purposes of this development ordinance, have the meanings indicated. All words and phrases not defined shall have their common meaning.

Accessory structure or facility. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

Adaptive reuses of institutional or public buildings. The reuse of any building or structure originally constructed for educational, religious, or public purposes that involves uses not permitted in the primary zoning district.

Adult entertainment uses. Any use, including, but not limited to, adult movie theaters, adult mini-movie theaters, adult motion picture arcades, adult novelty businesses, and adult cabarets, which is conducted exclusively for the patronage of adults and from which minors are excluded by law or by the owners, or which offer patrons services or entertainment characterized by an emphasis on the presentation, display, depiction, or description of specified anatomical areas or specified sexual activities. Adult entertainment uses do not include uses offering goods displaying or describing specified anatomical areas or specified sexual activities for sale or rent for use off the premises where such transactions constitute less than ten (10) percent of the gross sales of the business and the physical display of such goods occupies less than five (5) percent of the display area, up to a maximum of five-thousand (5,000) square feet.

Agricultural use. The use of land where such land is devoted to the production of plants, animals, or horticultural products, including but not limited to: forages, grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental, and greenhouse products. Agricultural use shall not include use of land for recreational purposes, suburban residential acreages, rural home sites, or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.

Airport. The Faribault Municipal Airport located in the City of Faribault, Wells Township, Rice County, Minnesota.

Airport hazard. Any structure or tree or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or takeoff at the airport, and any use of land that is hazardous to persons or property because of its proximity to the airport.

Aisle. A driveway that provides access for vehicles entering and departing parking spaces.

Alley. A service roadway with a right-of-way providing a secondary means of motor vehicle access to abutting property and not intended for general traffic circulation.

Annexation. The incorporation of a land area into the City of Faribault with a resulting change to the corporate limits of the city.

Antenna. A device used for transmitting or receiving electromagnetic waves, including but not limited to, television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals.

Antiques or collectibles store. An establishment where valuable merchandise in excess of seventy-five (75) years in age, or cultural or collectible objects such as stamps, coins, sports memorabilia, and art works, are sold for collective purposes.

Apiary. The assembly of one or more colonies of bees at a single location.

Automobile convenience facility. An establishment where the principal use is the sale of gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease or minor accessories, directly to the public on the premises. In addition, household and convenience items, food or other miscellaneous retail goods commonly associated with the same also may be sold.

Automobile repair, major. An establishment engaged in performing major repairs to, and the servicing of, passenger automobiles, where gasoline or other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease or minor accessories may be sold. Major repair may include engine rebuilding, rebuilding or re-conditioning of passenger automobiles, body, frame or fender straightening and repair, painting, rust-proofing, engine overhaul or replacement, and transmission overhaul. Such work excludes commercial wrecking, dismantling, junkyard, tire recapping and truck-tractor repair. In addition, household and convenience items, food or other miscellaneous retail goods commonly associated with the same also may be sold.

Automobile repair, minor. An establishment engaged in performing minor repairs to, and the servicing of, passenger automobiles, where gasoline or other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease or minor accessories may be sold. Minor repair may include muffler replacement, oil changing and lubrication, tire repair and replacement except tire recapping, wheel alignment, brake repair, engine tune-up, flushing of radiators, servicing of air conditioners, and other activities of minor repair or servicing of automobiles. In addition, household and convenience items, food or other miscellaneous retail goods commonly associated with the same also may be sold.

Awning. A roof-like cover, often constructed of fabric, plastic, vinyl, metal, or glass, designed and intended for protection from the elements or as a decorative embellishment, and which projects from a wall of a structure.

Banner. A piece of fabric or similar lightweight material, generally with no enclosing framework, which is designed either for decoration or to provide signage, and which may be mounted to a building at one or more edges.

Basement. That portion of a building located partially, up to fifty (50) percent, underground or below grade.

Basement (for floodplain purposes). Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level.

Bed and breakfast facility. An owner-occupied single-family dwelling in which a room or group of rooms forming a single habitable unit and one (1) meal are provided for a fee to the traveling public for the purpose of living and sleeping, but not for cooking.

Beekeeper. A person who owns or has charge of one or more colonies of bees.

Beekeeping equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

Berm. A landscaped and contoured formation of land that is raised from natural grade.

Block. A tract of land bounded by streets, or by a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.

Bluff. A topographic feature such as a hill, cliff, or embankment having the characteristics shown below. An area with an average slope of less than fifteen (15) percent over a distance of fifty (50) feet or more shall not be considered part of the bluff.

(1)

Part or all of the feature is located in a shoreland area;

(2)

The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody;

(3)

The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater; and

(4)

The slope must drain toward the waterbody.

Bluff impact zone. A bluff and land located within twenty (20) feet from the top of a bluff.

Board of Adjustment. The City Council of the City of Faribault.

Boathouse. A structure designed and used solely for the storage of boats or boating equipment.

Brewery. A manufacturer of malt liquor for sale.

Buffer area. An area including plant materials, fencing, landforms, or a combination thereof, between two or more land uses, buildings, lots or parcels of land, or adjacent rights-of-way, which is intended to eliminate or minimize negative impacts between the adjoining land uses lots or parcels and/or rights-of-way.

Buildable area. The area of a lot remaining after the minimum yard or setback requirements of this ordinance have been provided.

Building. See Structure.

Building, accessory. A building detached from a principal building, incidental and subordinate to the principal building or use, including, but not limited to, garages, sheds, and fences.

Building, principal. The building on a zoning lot in which the principal use of the lot is conducted.

Building line. A line parallel to the front lot line at a distance equal to the minimum depth of the front setback required for the zoning district in which the zoning lot is located.

Building Official. The building official of the City of Faribault or his or her authorized representative.

Bulk regulations. Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, gross floor area, lot area, lot coverage, impervious surface coverage and yard requirements, but excluding residential density regulations.

Business. Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold, or which occupies time, attention, labor and/or materials or where services or goods are offered for compensation.

Canopy. A structure often constructed of fabric, plastic, vinyl, metal, or glass, with supports attached to the ground, sheltering an area or forming a sheltered walk to the entrance of a building.

Certificate of occupancy. A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances.

Channel. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

Child care center. A commercial establishment providing, for a fee, the care, protection, and supervision of children on a regular basis.

City. The City of Faribault.

City Administrator. The City Administrator of the City of Faribault or his or her authorized representative.

City Council. The City Council of the City of Faribault.

City Engineer. The City Engineer of the City of Faribault or his or her authorized representative.

City Planner. The City Planner of the City of Faribault or his or her authorized representative.

Clinic. An establishment where patients are admitted for medical and dental exams and treatment on an outpatient basis only.

Club or lodge. An establishment in which a limited group of people are organized to pursue common social or fraternal goals, interests or activities, and usually characterized by certain membership restrictions, payment of fees or dues, regular meetings and a constitution of bylaws.

Coffee shop. An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items.

Colony. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey.

Commercial use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

Commissioner. The Commissioner of the Department of Natural Resources.

Community center. An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof.

Community Development Director. The Community Development Director of the City of Faribault or his or her authorized representative.

Concrete, asphalt, and rock crushing facility. A use in which the principal activity is performed in an open area where concrete, asphalt, rock, brick, cement, or other similar paving or building materials are crushed, ground, pulverized, bought, sold, exchanged, stored, mixed, packed, disassembled, or handled. Such facility does not include the use, on a public roadway construction or repair project approved by the City Engineer, of equipment which directly moves along the roadway surface and grinds, reconstitutes, or resurfaces the roadway, or the temporary on-site crushing, grinding, or pulverizing of a razed building, parking area, or structural materials.

Condominium. A form of individual ownership within a multi-family building which entails joint responsibility for maintenance and repairs, and in which each apartment or townhouse is owned outright by its occupant.

Contractor yard. An establishment providing general contracting or building construction service and which involves outdoor storage of machinery or equipment.

Correctional residential care facility. A facility where one (1) or more persons placed by the court, court services department, parole authority, or other correctional agency having dispositional power over a person charged with or convicted of a crime or adjudicated delinquent reside on a twenty-four-hour basis under the care and supervision of the Department of Corrections of Rice County, or licensed by the Department of Corrections as a corrections facility, excluding detention facilities.

County Assessor. The County Assessor of Rice County or his or her authorized representative.

Curb. A stone, asphalt, or concrete boundary marking the edge of a roadway or paved area.

Curb level. The level of the established curb in front of a building or structure measured at the center of such frontage. Where no curb elevation has been established, the City Engineer shall establish such curb elevation.

Deck. A structure open to the sky which is attached to or abuts the wall of a dwelling and which is afforded access to the interior of the dwelling through one or more doors. Any such structure thirty (30) inches or more above grade is considered an accessory use, while any other such structure is considered a permitted yard projection.

Detached accessory dwelling unit. An additional, detached, self-contained dwelling unit that is incidental and subordinate in area to the principal residential use on the lot.

Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Digital billboard. A billboard sign structure displaying static images controlled by electronic communication.

Display frame. The display screen on an electronic message board, which includes the message and background, including, but not limited to, words, letters, numbers, characters, symbols, or other graphics displayed thereon.

Dissolve mode. A mode of message transition on an electronic message board accomplished by varying the light intensity or pattern, where the display frame gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the next display frame.

Drive-through facility. A facility which accommodates automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces in which automobiles wait. Examples include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. Drive-through facilities shall not include the direct refueling or motor vehicles.

Driveway. The area used for vehicular access to an off-street parking area from a street or alley. Driveway shall also include the area used for vehicular access to areas of the zoning lot other than an off-street parking area.

Duplex. A building on a single lot that contains two dwelling units.

Dust-free. A minimum treatment of the native soil with a covering of asphalt, concrete, wood, masonry, granite, gravel, oil penetration or soil-cement.

Dwelling. A building, or portion thereof, designed exclusively for residential occupancy, but not including hotels, motels, and similar short-term lodging establishments.

Dwelling, multiple-family. A building containing three (3) or more dwelling units, all of which are located on a single lot.

Dwelling, single-family attached. A building containing one dwelling unit attached to another building containing only one (1) dwelling unit, each of which is located on a separate lot.

Dwelling, single-family detached. A residential building containing not more than one (1) dwelling unit and entirely surrounded by open space and yards located on the same lot.

Dwelling site. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling unit. One (1) or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with a single complete kitchen facility, sleeping room, and bathroom provided within the unit for the exclusive use of a single household.

Easement. The grant of one (1) or more of the property rights by the property owner to and for use by the public, a corporation, or another individual or entity.

Electronic message board . Any sign that displays a message electronically.

Entertainment, general. Entertainment that does not meet one or more of the definition requirements of limited entertainment.

Entertainment, limited. Entertainment limited to literary readings, story-telling, or live music by not more than three (3) persons, using non-amplified musical instruments, with no patron dancing.

Equal degree of encroachment. A method of determining the location of flood way boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Essential services. The erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.

Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other nonmetallic minerals, and peat, not regulated under Minnesota Statutes.

Fade mode. A mode of message transition on an electronic message board accomplished by varying the light intensity, where the display frame gradually reduces intensity to the point of not being legible and the subsequent display frame gradually increases intensity to the point of legibility.

Family. One (1) or more individuals related by blood, marriage, or adoption, including foster children, or a group of not more than five (5) persons, some or all of whom are not related by blood, marriage, or adoption, occupying a single dwelling unit.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Firearm. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding antique firearm, "BB" gun, scuba gun, stud or nail gun used in the construction industry, or toy gun.

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 equaled or exceeded.

Flood fringe. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study, Rice County, Minnesota And Incorporated Areas.

Floodplain. The land adjacent to a body of water that has been or may be hereafter covered by floodwater including that land covered by the regional flood.

Floodproofing. Any combination of structural or non-structural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to real estate, water and sanitary facilities, structures and their contents.

Floodway. The minimum channel of a watercourse or bed of a lake or wetland and those portions of the floodplain adjoining the channel or lake or wetland, that are reasonably required to carry or store the regional flood discharge.

Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Frontage. The distance for which a lot line coincides with the right-of-way line of a public street or the boundary of a private street.

Garage. A detached accessory building or a portion of the principal building used for the parking and storage of vehicles, merchandise, or equipment, and which is not a separate commercial establishment open to the general public. When associated with a residential use, it shall be limited to use for parking and storage of vehicles, noncommercial trailers, and household equipment.

Garage sale. Garage sale shall include rummage sales, basement sales, yard sales, porch sales, and all other periodic sales at a residential location intended for the limited purpose of isolated or occasional sales as defined by Minnesota Statutes 297A.25 for the selling of used goods or home-crafted items by the residents thereof.

Grade. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk with the area between the building and the property line, or between the building and a stabilization structure such as a retaining wall, or, where the property line or structure is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

Gross floor area. The sum of the gross horizontal area of the several floors of a building measured from the outside faces of walls or from the centerline of party walls separating two (2) buildings, but not including any interior parking spaces, loading spaces, any space where the floor to ceiling height is less than six (6) feet, any space devoted to mechanical equipment, terraces, breezeways, or screened porches, or basement or other subterranean area not intended for human habitation or service to the public. The floor area for enclosed space having a floor to ceiling height in excess of twenty (20) feet shall be computed on the basis that each fifteen (15) feet of height shall be equal to one floor.

Guest room. A room occupied by one (1) or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.

Hardship. This term means the same as that term is defined in Minnesota Statutes Chapter 462.

Height of building. The vertical distance from the natural grade measured either at the curb level or at a point ten (10) feet away from the front center of the structure or building, whichever is closer, to the top of the highest point of the roof on a flat or shed roof, the deck line on a mansard roof, or to a point half way between the highest top plate and the highest ridge for gable, hip, and gambrel roofs.

Height of Building

Height, wall. Wall height shall be the vertical distance from the floor to the top plate of the adjacent wall.

Historic site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listings after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Hive. The receptacle inhabited by a colony that is manufactured for that purpose.

Home day care facility. A licensed facility operated within, and by the residents of, a private residence, which for gain or otherwise, provides one or more dependents with care, training, supervision, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours a day, in a place other than the dependent's home.

Home occupation. An occupation or profession carried on by a member of the household residing on the premises, conducted as a customary, incidental, and accessory use of a dwelling. For the purposes of this ordinance, a home day care facility shall not be considered a home occupation.

Honey bee. All life stages of the common domestic honey bee, apis mellifera species.

Hotel. An establishment offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms, entertainment, and recreational facilities.

Impervious surface. Any material that substantially reduces or prevents the natural absorption of stormwater into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow. Impervious surfaces include, but are not limited to, buildings or other structures with roofs, sidewalks, and all stone, brick, concrete, or asphalt surfaces.

Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Intensive vegetative clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Interstate-oriented business. Any business located on a property within two thousand (2,000) feet of the midpoint where Trunk Highways 21 and 60 intersect Interstate 35 highway.

Kennel. An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

Laboratory, medical or dental. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.

Land Use Plan. The Land Use Plan of the City of Faribault.

Landing area. The area of an airport used for the landing, takeoff, or taxiing of an aircraft.

Loading space. An off-street space or berth use for the temporary parking of a vehicle while loading or unloading cargo, products, or materials from such vehicle.

Lot. A parcel of land occupied, or to be occupied, by one (1) main building or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a public street.

Lot, corner. A lot with frontage on two (2) or more streets at their intersection or on two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

Lot, interior. A lot other than a corner lot.

Lot, through. A lot which fronts upon two (2) parallel or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

Lots

Lot area. The area bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, river, street or alley right-of-way, or any other public space.

Lot coverage. That portion of a lot that is covered by the ground floor of any structure, parking lots, and private streets and drives. Pools, tennis courts, sidewalks and plazas are not counted toward lot coverage.

Lot depth. The average distance between the front lot line and rear lot line of a lot.

Lot line. A line of record bounding a lot that divides one lot from another lot or from a public or private street, alley, or any other public space.

Lot line, front. A boundary of a lot which runs along an existing or dedicated public street, but not an alley.

Lot line, rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot line, side. Any boundary of a lot that is not a front lot line or rear lot line.

Lot line, corner side. A side lot line separating a lot from a street right-of-way or a private street.

Lot of record. Any validly recorded lot which, at the time of recording, complied with all applicable laws, ordinances, and regulations.

Lot width. The distance between the side lot lines of a lot measured along a straight line parallel to the front lot line immediately in back of the required front setback.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.

Manufactured home. A building, transportable in one or more sections, which, in traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or when erected is three hundred twenty (320) or more square feet in size, and which is built on a permanent chassis and designed to be used as a dwelling for one family, with or without permanent foundation, when connected to the required utilities and including the plumbing, heating, air conditioning, and electrical system contained therein. Such structure, when it exceeds twenty (20) feet in width and is placed on a permanent foundation, shall be classified as a single-family detached dwelling.

Manufactured home (for floodplain purposes). A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle".

Manufactured home park. A development on a site under a single ownership, which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is charged for utilization of such space.

Manufactured home space. An area of land within a manufactured home park which is designed and intended for the accommodation of one (1) manufactured home.

Manufactured home subdivision. A development that consists of individually owned lots created for the placement of manufactured homes and which complies with the subdivision regulations specified in this ordinance.

Marquee. A permanent, roof-like structure projecting over an entryway, parallel to the ground, generally designed and constructed to provide protection from the elements.

Mechanical equipment. Air conditioning, heating, ventilation, or other equipment that are reasonably necessary to the operation of a building or use within a building.

Motel. See Hotel.

Nightclub. A use engaged in the sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses, or a use other than a restaurant which provides general entertainment.

Nonconforming lot. A lot of record, lawfully existing on the effective date of this ordinance, which does not comply with one or more of the lot area or lot width regulations applicable in the district in which it is located because of the adoption of or amendment to the city's development regulations.

Nonconforming situation. A situation that occurs when, on the effective date of this ordinance, an existing lot, structure, or improvement, or the use of an existing lot, structure, or improvement no longer conforms to one or more of the regulations applicable to the zoning district in which the lot, structure or improvement is located.

Nonconforming structure. A structure, or portion thereof, lawfully existing on the effective date of this ordinance, which does not comply with one or more of the bulk regulations applicable in the district in which it is located because of the adoption of or amendment to the city's development regulations.

Nonconforming use. A use of land or structures, lawfully existing on the effective date of this ordinance, which currently is not allowed, or which does not comply with one (1) or more of the regulations applicable in the district in which it is located because of the adoption of or amendment to the city's development regulations.

Nucleus colony. A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose.

Nursing home. A facility for aged, chronically ill, or incurable persons licensed by the Minnesota Department of Health providing nursing care and related medical services.

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.

Office. A room or group of rooms utilized for the management of the affairs of an establishment or for the non-retail, non-production conduct of affairs of a service, professional, institutional, or business nature.

Ordinary high water level. The boundary of public waters and wetlands and an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Outdoor sales and display. The outdoor placement or presentation of goods, materials, or merchandise for sale on the premises.

Outdoor storage. The outdoor placement or depositing of goods, materials, equipment, stock, or supplies.

Overlay district. A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements, or relaxes one or more standards required by the primary zoning district.

Owner occupancy. A property owner, as reflected in title records, who makes his or her legal residence at the given lot, as evidenced by voter registration, vehicle registration, or similar means and actually resides at the given lot more than six (6) months out of any given year.

Parking aisle. See Aisle.

Parking, off-street. An area, either a parking lot or a garage, that provides off-street parking for motor vehicles.

Parking space. A space of definite length and width designed for parking of motor vehicles within a parking area that is directly accessible to a parking aisle or driveway. Said space shall be exclusive of such drives, aisles, or entrances giving access thereto.

Pedestrian way. A public or private right-of-way, across or within a block, that provides access for pedestrians.

Perimeter. The boundaries or borders of a lot, tract, or parcel of land.

Pennant. Any lightweight plastic, fabric, or similar material that is suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

Person. Any person, partnership, firm, company, corporation, tenant, owner, lessee or licensee, agent, heir or assign.

Place of assembly. A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs, or a special purpose building that is designed or particularly adapted for the primary use of conducting, on a regular basis, religious services and associated accessory uses by a religious congregation.

Planned unit development. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Plat. A drawing or map of a subdivision prepared for filing of record and containing all elements required under this ordinance.

Plat, final. A drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements, and other elements pertinent to transfer of ownership and prepared for permanent record.

Plat, preliminary. A drawing showing the proposed general patterns of streets, lots, and land uses within a tract to be subdivided.

Preferred co-location site. An existing or approved tower, structure, or building which may accommodate planned equipment for a proposed new tower within a one-half (½) mile search radius of the proposed tower location.

Prescribed grazing. The application of goats as a landscape management technique to control noxious, invasive, or other undesirable vegetation at a specific location and for a defined length of time. For purpose of this definition, goats used for prescribed grazing purposes are not considered pets or livestock.

Production or processing. The assembly, disassembly, fabrication, manufacture, transformation, packaging, sorting, or other handling of goods or materials, either as an intermediate input for further production and processing, or for final sale, use, or consumption.

Protective covenants. Any contract made between private parties as to the manner in which land may be used.

Public use. A use of land owned or operated by a municipality, school district, county or state agency, or other governmental entity.

Public utility tower. A permanent steel tower structure which is owned by the city or a public utility corporation or cooperative and is designed and constructed to carry high voltage transmission lines and will bear the additional weight of an antenna as defined herein.

Public waters. Any waters as defined in Minnesota Statutes, Section 103G.

Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recreational vehicle. See Vehicle, recreational.

Recreational vehicle (for floodplain purposes). A vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use a as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term "recreational vehicle" shall be synonymous with the term "travel trailer"

Recreational vehicle park. A development providing individual spaces for the parking of a recreational vehicle for temporary portable housing and sleeping purposes, whether or not a charge is made for such accommodation.

Recreational vehicle space. An area of land within a recreational vehicle park designed and intended for the accommodation of one (1) recreation vehicle.

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 (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Residential care facility. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with a twenty-four (24) hour a day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent's own home. The term includes, but is not limited to, residential programs that are licensed by the Minnesota Department of Health, adult foster care homes, board and lodge serving developmentally disabled, mentally retarded, mentally ill, and/or frail elderly, residential treatment centers, maternity shelter, schools for handicapped children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections.

Restaurant. An establishment that sells unpackaged food to the customer in a ready-to-consume state, in individual servings, and where the customer consumes these foods in the building, picks up the food from the building to consume elsewhere, or the food is delivered to the customer by employees of the restaurant.

Restaurant, drive-through. A restaurant providing a drive-through facility as defined elsewhere in this chapter.

Right-of-way. A strip of land occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line, or other similar use.

Road. See Street.

Rooming unit. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter that is not a dwelling unit.

Runway. Any designated area or areas used for the landing, takeoff, and maneuvering of aircraft.

Runway, instrument. A runway equipped or to be equipped with a precision electronic navigational aid, landing aid, or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

Salvage yard. A lot, parcel of land or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, discarded materials or similar materials; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition; or the sale of part thereof.

Satellite dish. An antenna device used for transmitting or receiving electromagnetic waves, but which incorporates a reflective surface that is solid, open mesh, or bar figured and is in the shape of a shallow dish, cone, horn or cornucopia. For purposes of this chapter only, a satellite dish, which technologically constitutes an antenna as defined herein, shall be deemed as a separate and distinct antenna and shall be specifically regulated as such in this chapter.

Screening. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, wall, hedges, berms, or other features.

Scroll mode. A mode of transition on an electronic message board where the display frame or message moves or appears to move vertically on the board.

Self-service storage facility. An establishment designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole access to such space for the storage of personal property.

Semi-public use. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Sensitive resource management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback. The minimum separation in linear feet, measured on a horizontal plane, required between the wall of a building or structure and each of the lot lines or between the walls of buildings located on the same zoning lot.

Setback, corner side. A line parallel to any side lot line, located immediately adjacent to and extending along a public or private street, and extending from the front setback line to the rear setback line.

Setback, front. A line parallel to the front lot line and extending from side lot line to side lot line.

Setback, rear. A line parallel to all rear lot lines and extending from side lot line to side lot line.

Setback, side. A line parallel to any side lot line and extending from the front setback line to the rear setback line.

Sewage treatment system. A septic tank and soil absorption system or other individual or cluster type sewage treatment system.

Shopping center. A group of commercial establishments planned, developed, owned, or managed as a unit, related in size (gross floor area) and type of shops to the trade area that the unit serves, and with off-street parking provided on the property.

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 fifty (50) percent of the structure setback.

Shoreland. Land located within the following distances from public waters: One thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage, and three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner.

Sight distance triangle. A triangular shaped portion of land established at street or driveway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving an intersection. Such triangle shall be defined beginning at the intersection of the projected curb lines of two (2) intersecting streets or at the intersection of projected curb lines where a driveway intersects a street, measured twenty-five (25) feet along each curb line and connected by a diagonal line.

Sight Distance Triangle

Sign. Any framed, bracketed, free-formed, or engraved surface which is fabricated to create words, numerals, figures, devices, designs, trademarks or logos, which is mounted on or affixed to a building or the ground, and which is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them. Sign includes sign supports.

Sign, animated. Any sign that utilizes movement, change of lighting, or electronic lettering to depict action, create messages, or special effects.

Sign, awning. A sign which is integrated into a roof-like cover, often constructed of fabric, plastic, vinyl, metal, or glass, designed and intended for protection from the elements or as decorative embellishment and which projects from a wall of a structure. An awning sign will have lettering and/or graphics painted or screen printed on its exterior surface.

Sign, billboard. A sign which directs attention to a business, product, service, or activity not conducted, sold, or offered upon the premises where such sign is located.

Sign, business. A sign that identifies the business, product, service, or activity that is sold or offered upon the premises where such sign is located.

Sign, canopy. A sign which is often constructed of a fabric, plastic, vinyl, metal, or glass, with supports attached to the ground, sheltering an area or forming a sheltered walk to the entrance of a building.

Sign, changeable copy. A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Such sign shall not include any sign considered to be an animated sign. A reader board sign is to be considered a changeable copy sign.

Sign element. That portion of a sign that includes graphics, illustrations or text which provides a message to the public. The sign element is also considered the sign face. The sign element shall not include poles, mounting brackets, hinges or other material that supports the sign element.

Sign, flashing. A sign, the illumination of which is not kept constant in intensity at all times when in use.

Sign, freestanding. A monument or pylon sign that is not connected or attached to the principal building. A freestanding sign shall include no more than two (2) sides for the placement of signs.

Sign, hanging. A double-faced sign which hangs from a bracket or support and projects from any horizontal surface.

Sign height. The distance from the ground level to the highest point on the sign structure.

Sign, illuminated. A sign having characters, letters, figures, designs, or outlines illuminated by electric lighting or luminous tubes as a part of the sign.

Sign, joint identification. A sign which serves as a common or collective identification for a group of businesses or occupations operating on the same zoning lot and not including any other advertising.

Sign, nameplate. A sign which states the name or address, or both, of the occupant of the lot where the sign is located.

Sign, projecting. A sign, other than a wall sign, which is perpendicular to and protruding from a building to an extent greater than twelve (12) inches.

Sign, pylon. A sign erected on freestanding shafts, posts, walls, or piers that are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one sign though it may have two (2) or more faces.

Sign, temporary. Any sign which is erected or displayed and is not permanently mounted, including but not limited to banners, sandwich boards, pennants, and balloons. Signs placed within a building shall not be considered temporary signs.

Sign, wall. A sign which is attached to the wall of a building, with the sign face in a plane parallel to such wall, not extending more than eighteen (18) inches from the face of such wall.

Sign, window. Any sign, lettering, pictures, symbols, or combination thereof, designed to communicate information about a business, product, service, or activity that is placed upon a window and meant to be visible from the exterior of the building.

Significant historic site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Site. Any lot or parcel or combination of lots or parcels assembled for the purpose of development.

Site plan. An integral set of documents which may consist of both drawn and written materials whose purpose is to provide the necessary information for an approving authority to decide whether the proposed development will comply with the standards and regulations of this ordinance.

Solar collector. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.

Solar energy system. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy.

Solar structure. A structure designed to utilize solar energy as an alternative or supplement to, a conventional energy system for the principal use of the structure.

Specified anatomical areas. Anatomical areas consisting of the following

(1)

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

Specified sexual activities. Activities consisting of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy between persons or involving persons with animals;

(3)

Excretory functions as part of or in connection with the activities described in (1) and (2) above.

Sports and health facility. A facility, for profit or nonprofit, where members or nonmembers pay a fee to use equipment or space for the purpose of physical exercise, including but not limited to swimming, court games, aerobics, jogging, and muscular exercise programs. Such facility may include as an accessory use personal services to patrons, including but not limited to therapeutic massage, tanning, saunas, whirlpools, and locker rooms.

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 this ordinance. Where specific information is not available, steep slopes are lands having average slopes over fifteen (15) percent over horizontal distances of fifty (50) feet or more and that are not bluffs.

Story. That portion of a building included beneath the upper surface of a floor and upper surface of the floor next above, or fourteen (14) feet, whichever is less, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unused under floor space is more than six (6) feet above grade, more than fifty percent (50%) of the total perimeter, or is more than twelve (12) feet above grade at any point, such basement, cellar, or unused under floor space shall be considered a story.

Street. A right-of-way that affords a primary means of motor vehicle access to abutting property.

Street, arterial. A street or highway that provides for rapid and efficient movement of large volumes of through traffic between sections of the city and across the urbanized area. It is not primarily intended to provide land access service.

Street, collector. A street that provides for traffic circulation within residential areas. Land access is a secondary function of the collector. The collector distributes trips from the arterial streets to the local street network.

Street, cul-de-sac. A street with only one (1) outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement.

Street, local. A street that provides direct traffic access to abutting land in residential areas.

Street, private. An easement that affords principal access to property abutting thereon, which easement is owned, controlled, and maintained by persons other than the public.

Street, public. A right-of-way that affords the principal means of vehicular access to property abutting thereon which right-of-way has been dedicated to the public for such use.

Structure. Anything constructed or erected with a more or less fixed location on the ground or in or over a body of water. A structure shall include, but not be limited to, buildings, fences, walls, signs, canopies, decks, patios, antennae, piers, docks, recreational vehicles not meeting the exemption criteria of Section 13-190(2)(A) and any objects or things permanently attached to the structure.

Structural alteration. Any change in the supporting members of a building, such as bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls.

Structure. Anything constructed or erected with a more or less fixed location on the ground or in or over a body of water. A structure shall include, but not be limited to, buildings, fences, walls, signs, canopies, decks, patios, antennae, piers, docks, and any objects or things permanently attached to the structure.

Structure, accessory. See Building, accessory.

Structure, principal. See Building, principal.

Subdivision. The separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, tracts, lots, or long-term leasehold interests, and may include planned unit developments.

Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

(2)

Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.

Surface water-oriented commercial use. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Taproom. A licensed premises up to twenty-five (25) percent of the gross floor area within a brewery that offers on-sale and/or off-sale purchases and consumption of the malt liquor manufactured at the adjoining brewery and retail sales of related merchandise pursuant to the requirements of M.S. 304A.301, subd. 6b and 6d, and the City Code.

Toe of the bluff. The low point of a fifty-foot segment with an average slope exceeding fifteen (15) percent.

Top of the bluff. The high point of a fifty-foot segment with an average slope exceeding fifteen (15) percent.

Tower. Any freestanding structure designed specifically to elevate an antenna, satellite dish or similar apparatus.

Townhouse. Single-family attached units in structures housing three (3) or more dwelling units, contiguous to each other, only by the share of common walls, and each dwelling unit shall have separate and individual front and rear entrances. Such structures to be of the row or group house type as contrasted to multiple dwelling apartment-type structures. No single structure shall contain in excess of eight (8) dwelling units.

Transition. The means by which an electronic message board changes from one (1) message to another; or from one (1) message segment to the next in cases where the message is conveyed by using more than one (1) consecutive display frame.

Travel mode. A mode of message transition on an electronic message board where the message moves or appears to move horizontally on the board.

Travel trailer. A vehicle or portable unit that is mounted on its own chassis and wheels and drawn by a motor vehicle to provide temporary living quarters for recreational, camping, or travel use. Park trailers shall be considered a travel trailer for the purposes of this ordinance. This term shall be considered synonymous with the term "recreational vehicle" for floodplain purposes.

Truck camper. A portable unit consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, to provide temporary living quarters for recreational, camping or travel use.

Use. The purpose or activity for which the land or buildings thereon are designated, arranged, intended, occupied, or maintained.

Use, accessory. A use of land or of a building or portion thereof, incidental and subordinate to a principal use.

Use, conditional. A use which, because of its unique characteristics, cannot be properly classified as a permitted use in a district but which may be allowed in such zoning district upon demonstrating that such use will comply with all of the conditions and standards of this development ordinance.

Use, permitted. A use which may be lawfully established in a particular district or district, provided it conforms to all requirements, regulations, and performance standards of such districts.

Use, principal. The main use of land as distinguished from subordinate or accessory uses. The principal use may be either permitted or conditional.

Use, temporary. Any use designed, built, erected, or occupied for short and/or intermittent periods of time and shall include tents, lunch wagons, dining cars, trailers, and other roofed structures on wheels or other supports used for business, storage, industrial, institutional, assembly, educational or recreational purposes.

Variance. The departure from the literal requirements of this development ordinance in instances where strict adherence would cause practical difficulties due to unique circumstances related to the property.

Vehicle. A vehicle shall include the following:

Vehicle, commercial. A motor vehicle designed and registered as a truck and licensed under motor carrier laws of the State of Minnesota for the transportation of property but not persons, or a motor vehicle designed primarily for the movement of property or special purpose equipment, or a motor vehicle that is designed to carry ten (10) or more persons or any number of persons for a fee. Commercial vehicle includes vehicles commonly called trucks, delivery vans, buses, taxicabs, limousines, and other similar vehicles.

Vehicle, inoperable. A vehicle that is abandoned or lacking vital component parts essential to its mechanical functioning, including, but not limited to, the engine, drive train, and wheels; or a vehicle that is so mechanically defective as to be unsafe for operation; or a vehicle that does not display a current license plate, current license tab, or current registration, or which does not meet all vehicle requirements for operation on public rights-of-way as set forth in M.S. Chapter 169.

Vehicle, motor. A vehicle that has its own motive power and that is used for the transportation of people or goods on streets. Motor vehicle includes passenger automobiles, trucks and commercial vehicles, and recreational vehicles with motive power.

Vehicle, passenger. A motor vehicle designed to carry less than ten (10) persons, including the driver. Passenger automobile includes vehicles commonly called cars, minivans, passenger vans, sport utilities, motorcycles, and pickups.

Vehicle, recreational. A vehicle with or without motive power, which is designed for sport or recreational use or which is designed for human occupancy on an intermittent basis. Recreational vehicles include, but are not limited to, snowmobiles, boats, travel trailers, park trailers, motor homes, campers, all terrain vehicles, and similar items for personal recreation.

Vehicle storage. Any situation where inoperable motor vehicles, 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.

Video store. An establishment where movies are offered for rent to the general public for off-premise use. A video store may also offer accessory products or services, such as rental of video equipment.

Wall area. The total exterior wall area surface visible above normal grade.

Water-oriented accessory structure or facility. A small aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

Wetland. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).

Wholesale establishment. A business establishment engaged primarily in selling to retailers for resale.

Wind energy conversion system (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, and accessory facilities, including, but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.

Wind turbine. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy, including the tower, hub, and rotor blades.

Yard. An open space that lies between the principal building or buildings and the nearest lot line.

Yard

Yard, front. A space extending across the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

Yard, rear. A space extending across the full width of the lot between any building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.

Yard, side. A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular to the building at the closest point to the side lot line.

Yard, corner side. A space extending from the front yard to the rear yard between the principal building and a side lot line which runs along a private or public street, measured perpendicular to the building at the closest point to the side lot line.

Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

Zoning Administrator. The zoning administrator of the City of Faribault or his or her authorized representative.

Zoning certificate. A certificate issued by the City Planner, certifying that any proposed use, building, or structure to be located on a lot is in compliance with all of the regulations of this ordinance.

Zoning district. An area or areas within the limits of the city within which there are uniform regulations and requirements governing the use, placement, spacing, and size of land and buildings.

Zoning map. The map or maps, referenced by this ordinance, that delineate the boundaries of the zoning districts within the city.

(Ord. No. 2001-24, § 1, 1-8-02; Ord. No. 2002-13, § 1, 6-25-02; Ord. No. 2004-05, § 8, 6-8-04; Ord. No. 2004-24, § 1, 10-12-04; Ord. No. 2006-21, § 1, 9-26-06; Ord. No. 2007-10, § 1, 11-13-07; Ord. No. 2008-25, § 1, 2-24-09; Ord. No. 2009-10, § 1, 8-11-09; Ord. No. 2009-12, § 1, 10-27-09; Ord. No. 2011-05, 6-14-11; Ord. No. 2011-11, 9-27-11; Ord. No. 2011-17, § 1, 10-25-11; Ord. No. 2012-03, § 1, 3-27-12; Ord. No. 2013-008, § 1, 11-13-13; Ord. No. 2013-009, § 7, 11-26-13; Ord. No. 2017-3, § 2A, 5-9-17; Ord. No. 2017-4, § 3, 6-13-17)