§ 36-10. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a separate and subordinate building which is located on the same lot on which the principal building is situated, and which relates to and is incidental to the use of the principal building.

Accessory use means a use allowed by this chapter which is subordinate to the principal use in terms of purpose, scope and extent and is located on the same lot as the principal use.

Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Adult bookstore means an establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film and, either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises, has either ten percent or more of its stock in trade or ten percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult cabaret means an establishment or business which provides dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

Adult companionship establishment means an establishment or business which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult conversation/rap parlor means an establishment or business which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult health/sport club means an establishment or business which excludes minors, by reason of age, and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater means a building or portion of a building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult modeling studio means an establishment or business which provides to customers figure models who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture rental or sales means an establishment or business which barters, rents or sells videotapes or motion picture film and, either alone or when combined with adult bookstore or adult novelty sales within the same business premises, has either ten percent or more of its stock in trade or ten percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult novelty sales means an establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and, either alone or when combined with adult bookstore and adult motion picture rental or sales, has either ten percent or more of its stock in trade or ten percent or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult sauna/bathhouse/steam room means an establishment or business which excludes minors, by reason of age, and which provides a steam bath or heat bathing room if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Alley means a public right-of-way less than 30 feet in width, which is used or usable for a public thoroughfare.

Alteration means a physical change in a building or structure that requires the issuance of a building permit in accordance with article III of chapter 10, but excluding changes to mechanical equipment such as furnaces and boilers.

Apartment building means a residential building having not less than three dwelling units in a single building with at least one dwelling unit occupying a different story than other dwelling units in the same building.

Automobile service center.

(1)

The term "automobile service center" means a principal building and its accessory buildings in which batteries, tires, brakes, exhaust systems or other automobile parts are repaired or replaced, including tune-ups, wheel balancing and alignment. Gasoline and oil may be dispensed as an accessory use.

(2)

The term "automobile service center" does not include body and chassis repair, painting, engine rebuilding and any repair to vehicles over two-ton capacity.

Basement means a floor level of a building which is located partly or completely underground.

Board means the board of appeals and adjustments of the city established by this chapter.

Brewery means a facility that produces for sale malt liquor, and containing not less than one-half of one percent alcohol by volume. A brewery may include a taproom.

Brewpub means a brewery that operates a restaurant, as defined in chapter 4 of the City [Code], on the same premises as the brewery, whose malt liquor production per calendar year shall be limited by Minnesota State Statute.

Building means any structure used or intended for supporting or sheltering any use, property or occupancy, and when the structure is divided by walls without openings, each portion of the structure so separated shall be deemed a separate building.

Building coverage means the percentage of the lot area occupied by principal and accessory buildings and structures, including, without limitation, patios.

Building height or structure height.

(1)

Commercial, industrial and high density residential.

a.

The term "building height" or "structure height" means the distance measured from the average existing ground elevation adjoining the building at the front building line to:

1.

The top of the cornice of a flat roof;

2.

The deck line of a mansard roof;

3.

A point on the roof directly above the highest wall of a shed roof;

4.

The uppermost point on a round or other arch-type roof; or

5.

The average distance of the highest gable on a pitched or hip roof.

b.

References in this chapter to the term "building height" includes and means structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure. The term "existing ground elevation" means the lowest of the following elevations:

1.

The grade approved at the time of the subdivision creating the lot;

2.

The grade at the time the last demolition permit was issued for a principal structure that was on the lot;

3.

The grade at the time the building permit for a principal structure on the lot is applied for.

(2)

Single and two dwelling unit buildings.

a.

The term "building height" or "structure height" means the distance measured from the average existing ground elevation adjoining the building at the front building line to the highest point on a roof.

b.

References in this chapter to the term "building height" includes and means structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure. The term "existing ground elevation" means the lowest of the following elevations:

1.

The grade approved at the time of the subdivision creating the lot;

2.

The grade at the time the last demolition permit was issued for a principal structure that was on the lot;

3.

The grade at the time the building permit for a principal structure on the lot is applied for.

Carwash means a principal building which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles.

Carwash, accessory, means an accessory building or part of a principal building equipped with mechanical equipment and facilities (but not a conveyor system) for washing motor vehicles and which is accessory to an automobile service center or gas station. An accessory carwash shall be capable of servicing only one vehicle at a time.

Club means a nonprofit organization with bona fide members paying annual dues, which owns, hires or leases a building, or portion, the use of which is restricted to members and their guests.

Cocktail room means a microdistillery licensed by the State of Minnesota that provided on-sale of distilled liquor produced by the distiller for the consumption on the premises of or adjacent to one distillery location owned by the distiller.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit.

Commission means the planning commission of the city.

Community center means a building, or portion thereof, which houses public health facilities, governmental offices and meeting rooms, social service facilities, meeting rooms and facilities for civic and cultural organizations and groups, and publicly sponsored recreational activities, or any combination, all of which are intended for the use and benefit of residents of the city, and which is designated, by resolution of the council, as a community center.

Comprehensive plan shall have the same meaning as in section 32-2.

Conditional use means a use which, though generally not suitable in a particular zoning district, may, under some circumstances and subject to conditions, be suitable in a particular district. Conditional uses shall be allowed by this chapter only pursuant to the issuance of a conditional use permit.

Convalescent home.

(1)

The term "convalescent home" means a building or group of buildings licensed by the state department of public welfare for the care of children, the aged or infirm, or a place of rest and care for those suffering physical or mental disorders.

(2)

The term "convalescent home" does not include hospitals, clinics, maternity care homes and other buildings or parts of buildings containing surgical equipment.

Counseling service.

(1)

The term "counseling service" means a public or private organization which provides advice and assistance concerning such matters as career objectives, chemical and alcohol abuse, and health problems.

(2)

The term "counseling service" does not include employment agencies, attorneys' offices or uses which are typically located in business or professional offices.

Curb elevation means the average elevation of the constructed curb of the street along a front lot line. Where there is no constructed curb, the engineer shall establish the curb elevation for purposes of this chapter.

Day means a calendar day.

Day care means a service providing care and supervision for part of a day for individuals who are not residents of the principal building in which the service is located.

Deck means a structure which is either freestanding or attached to a principal or accessory building, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or nonsolid walls or a roof. Enclosures or covered areas, such as gazebos, breezeways and porches, which may be integral to a deck, shall be considered, for setback purposes, as accessory buildings if the deck is freestanding, or as a part of the principal building if the deck is attached to the principal building.

Distillery means a facility that produces distilled liquor, including all dilutions and mixtures thereof, for non-industrial uses. A distillery may include a cocktail room.

District means a geographic area of the city sharing the same zoning classification for which this chapter establishes restrictions and requirements. A district may be divided into subdistricts.

Drive-in means a principal or accessory use which sells or serves products or merchandise to customers waiting in vehicles who then consume or use the product or merchandise within the vehicle while on the lot occupied by the principal or accessory use.

Drive-through facility means an accessory use which provides goods or services to customers waiting in vehicles who then leave the lot to consume or utilize any goods which may have been received. Employees of the principal use shall not leave the confines of the principal or accessory building to dispense said goods or services.

Dwelling unit means one or more rooms connected together, but which is or are separated from all other rooms in the same building, which room constitutes, or rooms constitute, a separate, independent unit with facilities for cooking, sleeping and eating, and used for residential occupancy. A room or rooms shall be deemed to be a dwelling unit if it contains or they contain facilities for cooking, sleeping and eating, if it or they can be separated from all other rooms in the same building, if access can be gained without entering or passing through any living space of another dwelling unit, and if it is or they are used for residential occupancy. If a dwelling unit has an attached garage, then the attached garage is deemed a part of the dwelling unit.

Efficiency apartment means a dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one room.

Efficiency dwelling unit. See Efficiency apartment.

Fence height means the vertical distance measured from the finished grade to the uppermost point of the fence panels. The grade at the fence line shall not be altered in anyway that artificially increases the maximum permitted height of the fence. The height of the fence may exceed the allowed height by a maximum of six inches to accommodate drainage and uneven terrain. Posts may extend beyond the top of any of the fence by no more than 12 inches.

Floor area ratio (FAR) means gross floor area divided by lot area.

Frontage means that portion of a lot line which coincides with the right-of-way line of a street.

Garage, accessory, means an accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by the occupants of the principal building.

Garage, repair, means a principal building used for the repair of motor vehicles or the storage, for a fee, of motor vehicles for periods exceeding 24 hours.

Gas station means a principal building and its accessory structures used for the sale of motor fuels and oils, where automotive accessories and convenience goods may be sold, but where repair and servicing of motor vehicles does not occur; provided, however, that an accessory carwash is permitted. If repair or servicing is provided, the use shall be classified as an automobile service center.

Gross floor area (GFA).

(1)

The term "gross floor area" means the sum of the horizontal areas of all the floors of a building as measured from:

a.

The exterior faces of the exterior walls;

b.

The exterior window line of the exterior walls in the case of a building with recessed windows; or

c.

The centerline of any party wall separating two buildings.

The term "gross floor area" includes basements, hallways, interior balconies and mezzanines, enclosed porches, breezeways and accessory buildings not used for parking. Use of the term "floor area," in this chapter, means gross floor area as herein defined, unless otherwise specifically stated.

(2)

The term "gross floor area (GFA)" does not include accessory garages, parking ramps, parking garages, areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts or stairwells.

Half story means the uppermost floor of a building in which:

(1)

The intersection of the exterior wall and the roof is not more than three feet above the floor elevation; and

(2)

Not more than 60 percent of the floor's area exceeds five feet in height, as measured from the floor to the rafters.

Floors not meeting this definition shall be deemed a story.

Helistop means an area, either at ground level or elevated on a structure, used for landing and takeoff of helicopters.

Hotel means a building, or group of buildings, which, in whole or in part, contains rooms used for sleeping or transient occupancy.

Lodge hall means a hall for, or meeting place of, the members of a local branch of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations.

Lot means the basic development unit for purposes of this chapter. A lot may consist of one parcel, or two or more adjoining parcels, under single ownership or control, and used for a principal use and accessory uses allowed by this chapter. A lot, except lots in a townhouse plat, must have at least 30 feet frontage on a street other than at limited access freeway.

Lot area means the area within the lot lines exclusive of land located below the ordinary high-water elevation of lakes, ponds and streams.

Lot, corner, means a lot at the junction of and abutting on two or more intersecting streets, or at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

Lot depth means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and the lesser frontage is its width.

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

Lot line, front, means the boundary of a lot having frontage on a street. The owner of a corner lot may select either frontage as the front lot line.

Lot line, interior, means any boundary of a lot not having frontage on a street.

Lot line, rear, means the boundary of a lot which is most distant from, and approximately parallel with, the front lot line.

Lot line, side, means any boundary of a lot which is not a front or rear lot line.

Lot, through, means an interior lot having frontage on two streets.

Lot width means the horizontal distance between side lot lines, measured at right angles to the line establishing the lot depth at a point of 50 feet from the front lot line.

Lot width to perimeter ratio means the lot width divided by the perimeter of the lot.

Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.

Motel. See Hotel.

Motor hotel. See Hotel.

Multiresidential use means a residential use permitted in the Planned Residence District and the Mixed Development District.

Nonconforming building means a building or structure which does not meet the requirements of the zoning district in which it is located due to the enactment of the ordinance from which this chapter is derived, or any amendment thereto, but which was lawfully existing as of the date of its construction or placement.

Nonconforming lot means a lot which does not meet the requirements of the zoning district in which it is located, or of chapter 32, subdivisions, due to the enactment of the ordinance from which this chapter is derived, or of chapter 32, subdivisions, or any amendments to either, but which met all such requirements as of the date the lot was established or created of record.

Nonconforming use means a principal or accessory use which does not meet the requirements of the zoning district in which it is located due to the enactment of the ordinance from which this chapter is derived, or any amendment hereto, but which was a lawful use as of the date it was first commenced.

Nonprofit organization means an organization which is qualified for tax exemption under section 501(c)(3) or (c)(4) of the Internal Revenue Code of 1986, as amended.

Nursing home. See Convalescent home.

Outlot means a tract of land identified by a capital letter and is land that is not part of a block.

Parcel means a unit of land with fixed boundaries described by lot and block and reference to a recorded plat approved by the duly adopted resolution of the council, or by a metes and bounds, or other, description. A parcel may or may not be a lot, as defined in this chapter.

Parking garage means a building which is totally enclosed by walls and a roof, and containing one or more levels for the parking of vehicles.

Parking ramp means a structure which is not totally enclosed, containing one or more levels for the parking of vehicles.

Patio means a portion of a lot which is improved with a surfacing material, including, but not limited to, concrete, asphalt or decorative bricks, which is intended or designed for use as outdoor living space and is not enclosed by solid or nonsolid walls or a roof. Enclosures or covered areas, such as gazebos, breezeways and porches, which may be integral to a patio, will be considered, for setback purposes, as accessory buildings if the patio is freestanding or is part of the principal building, if the patio is contiguous with the principal building.

Principal building means a building which is used for principal uses including enclosed seasonal living areas such as porches, breezeways, and garages which are attached to the principal building.

Produce stand means a temporary seasonal structure or area, at which products such as vegetables, fruit, herbs, cut flowers and plants are sold.

Residential building means a building used for residential purposes or residential occupancy.

Residential maintenance access means for a single and double dwelling unit, a clear flat walkway from a front yard to a rear yard. This area allows outside pedestrian access and space to bring equipment from a front yard to a rear yard without any encroachment on neighboring property.

Residential occupancy means the use of rooms for housekeeping purposes by the owner of the property, or by a lessee or occupant, for periods of 30 days or more for a rental fee, or other compensation, or pursuant to other arrangements with the owner.

Residential use. See Residential occupancy.

Rest home. See Convalescent home.

Senior citizen dwelling unit means the follows:

(1)

A one bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space of not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over;

(2)

A one bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space of not less than 550 square feet nor more than 700 square feet, and specifically designed for occupancy by a handicapped individual; or

(3)

A two-bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space of not less than 750 square feet nor more than 850 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over.

Setback, front street, means the shortest horizontal distance from the forward most point of a building or structure to the nearest point on the front lot line.

Setback, interior side yard, means the shortest horizontal distance from any part of a building or structure to the nearest point on an interior side lot line.

Setback, rear yard, means the shortest horizontal distance from any part of a building or structure to the nearest point on a rear lot line.

Setback, side street, means the shortest horizontal distance from any part of a building or structure to the nearest point on a side lot line that adjoins a street.

Sexually oriented businesses.

(1)

The term "sexually oriented businesses" means adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels and adult body painting studios, as defined in this section. In addition, all other premises, enterprises, establishments, businesses or places at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activity or specified anatomical areas which are capable of being seen by members of the public.

(2)

The term "sexually oriented businesses" shall not be construed to include:

a.

Schools or professional offices of licensed physicians, chiropractors, psychologists, physical therapists, teachers or similar licensed professionals performing functions authorized under the licenses held;

b.

Establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held;

c.

Businesses or individuals licensed in accordance with article VIII of chapter 12; or

d.

The sale of clothing.

Shopping center means a group of unified commercial establishments located on a single tract, permitted in the PCD-1, PCD-2 and PCD-3 districts, composed of not fewer than six separate and distinct business entities which are located in one or more buildings comprising not less than 25,000 square feet of gross floor area, and which share joint use of parking facilities, pedestrian ways, landscaping, traffic circulation and other amenities, in accordance with and pursuant to a joint use agreement, in form and substance acceptable to the planner and engineer, duly signed and delivered by all owners and encumbrances of the shopping center, and duly recorded in the proper office to give constructive notice.

Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within and enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or a micro wireless facility.

Solar energy system means an energy system that consists of one or more solar collection devices, solar energy related "balance of system" equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property. Solar energy systems cannot exceed building height requirements. Residential roof-mounted solar energy systems cannot exceed two feet above the rooftop to which it is attached. Commercial, flat-roof-mounted solar energy systems cannot exceed four feet from the roof to which it is attached to.

Specified anatomical areas means the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breasts below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means the following:

(1)

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;

(2)

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4)

Fondling or touching of nude human genitals, pubic region, buttock or female breasts;

(5)

Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;

(6)

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

Split level dwelling means a dwelling that has two or three short sets of stairs, and two to four levels. The front entry is on a middle floor between two floors. The front door opens in a foyer or entry area located in a wing off the main house. From the front entry, a short flight of stairs leads up to the top floor and another short flight leads down.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is not a floor above, the space between the floor and the ceiling above. A basement with more than 50 percent of its exterior wall area located entirely below the proposed ground elevation adjoining the basement shall not be counted as a story.

Street means a public right-of-way 30 feet or more in width which is used or usable as a public thoroughfare. All references in this chapter to measurements to or along a street shall mean to and along the public right-of-way and not to the improved or traveled portion of such right-of-way.

Street intersection means where two or more streets meet.

Structure means anything built or constructed, an edifice or building of any kind, or any piece of work composed of parts joined together in some definite manner, and including, without limitation, towers, poles and fences except parking lots and driveways.

Suites hotel means a hotel in which at least 80 percent of the guest rooms are two-room suites containing at least 400 square feet of gross floor area.

Swimming pool means a constructed pool, used for swimming or bathing, with a water surface area exceeding 100 square feet. The term "swimming pool" also includes the deck area required by this Code and any equipment appurtenant to the pool.

Taproom means an area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off-premises consumption as allowed by Minnesota statutes, as may be amended.

Townhouse means a dwelling unit attached to other dwelling units by common walls, side by side, extending from the foundation to the roof and without any portion of one dwelling unit located above any portion of another dwelling unit, and with each dwelling unit having a separate entrance from outside the building. Buildings with distinct, separate spaces, or designed for distinct, separate spaces, for office, commercial or industrial uses, in a manner similar to a residential townhouse described above, shall be deemed townhouses for purposes of this chapter.

Townhouse plat means the subdivision, by recorded plat approved by duly adopted resolution of the council, whereby all lot lines are coterminous, or nearly so, with the boundaries of the foundation of each building, and the area of the land lying outside of the lots and within the subdivision is described as an outlot which is owned by an association of owners of the lots in the townhouse plat.

Tract means one or more adjoining lots, not separated by streets, under common ownership, located within the same zoning subdistrict, and used for an integrated development.

Transient occupancy means the use of a room or rooms for sleeping, cooking or eating, in a residential manner, for periods of less than 30 days and for a rental fee, or other compensation, or pursuant to other arrangements with the owner, lessee or occupant of the premises.

Window well means the space maintained around a below-grade window and the surrounding soil. Required setback for window wells shall be measured from the outer edge of the supporting structure of the window well.

Winery means a facility operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. A winery may include a tasting room.

Wireless facility means equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna.

Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6).

Wireless support structure means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.

Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network.

Yard, front, means an open, unoccupied space on the same lot as a building, which lies between the building and the front lot line, and extends from side lot line to side lot line.

Yard, rear, means an open, unoccupied space on the same lot as a building, which lies between the building and the rear lot line, and extends from side lot line to side lot line. Some accessory buildings may be placed in the rear yard.

Yard, side, means an open, unoccupied space on the same lot as a building, which lies between the building and the side lot line, and extends from the front lot line to the rear lot line. Some accessory buildings may be placed in the side yard.

Year means a period of 365 consecutive days.

(Code 1970; Code 1992, § 850.03(3); Ord. No. 2012-18, § 1, 10-16-2012; Ord. No. 2013-7, § 1, 8-5-2013; Ord. No. 2013-12 , § 1, 12-3-2013; Ord. No. 2015-07 , § 2, 5-19-2015; Ord. No. 2015-21 , § 1, 11-4-2015; Ord. No. 2017-12 , § 12, 11-8-2017; Ord. No. 2018-18 , § 1, 12-18-2018)