City Code

Section 850.03 - Rules of Construction, Interpretation, Severability, Definitions.

850.03 Rules of Construction, Interpretation, Severability, Definitions.

Subd. 1    Rules of Construction. In construing this Section, the following rules of construction shall govern, unless their observance would involve a construction inconsistent with the manifest intent of the Council, or be repugnant to the context of the section:

A.      The use of the phrase "used for" shall include the phrases "designed for," "intended for," "improved for," "maintained for," "offered for," and "occupied for."

B.      Words and phrases shall be construed according to rules of grammar and according to their common and accepted usage; but technical words and phrases and such others as have acquired a special meaning, or are defined in this Section, shall be construed according to such special meaning or their definition.

C.      References in this Section to this Section or to another Code provision, whether or not by specific number, shall mean this Section, and the referred to Code provision, as then amended.

D.      The R-1 District is also used as a holding or open development area for those properties shown on the Comprehensive Plan as having the potential for development for uses other than permitted in the R-1 District, which other uses shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.

Subd. 2    Interpretation. The provisions of this Section shall be the minimum requirements for the promotion of the public health, safety, morals and general welfare. It is not the intention of this Section to interfere with, abrogate or annul any covenant or agreement between parties. Where this Section imposes greater restrictions than any other applicable statute, ordinance, rule or regulation, this Section shall control when and to the extent allowed by State law. Where any other applicable statute, ordinance, rule or regulation, including, without limitation, as to Subsection 850.21, those of the Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District, and the Minnesota Department of Natural Resources, imposes greater restrictions than this Section, such other statute, ordinance, rule or regulation shall control. The section, subsection and paragraph headings are for reference only, and shall not be used to interpret, enlarge or detract from the provisions of this Section. Any use not specifically allowed by this Section in a district as a principal, accessory or conditional use, shall not be allowed or permitted in that district by implication, interpretation or other construction of, or meaning given to, the wording of this Section.

Subd. 3     Definitions. The following words, terms and phrases, as used herein, have the following meanings:

Accessory Building. A separate building or structure or a portion of a principal building or structure used for accessory uses.

Accessory Use. A use allowed by this Section 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. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of Specified Anatomical Areas.

Adult Bookstore. 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 10 percent or more of its stock in trade or 10 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 10 percent or more of its stock in trade or 10 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. 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. 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 10 percent or more of its stock in trade or 10 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. 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. A public right of way less than 30 feet in width which is used or usable for a public thoroughfare.

Alteration. A physical change in a building or structure that requires the issuance of a building permit in accordance with Section 410 of this Code, but excluding changes to mechanical equipment such as furnaces and boilers.

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

Automobile Service Center. 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, but excluding body and chassis repair, painting, engine rebuilding and any repair to vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory use.

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

Board. The Zoning Board of Appeals of the City established by this Section.

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

Building Height or Structure Height. The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this Section to building height shall include and mean 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. “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.

Car Wash. A principal building which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles.

Car Wash - Accessory. 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 car wash shall be capable of servicing only one vehicle at a time.

Club.A non-profit 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.

Commission. The Planning Commission of the City.

Community Center. 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. Comprehensive Plan shall have the same meaning as in Subsection 810.02 of this Code.

Conditional Use. 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 Section only pursuant to the issuance of a conditional use permit.

Convalescent Home. A building or group of buildings licensed by the Minnesota 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. Hospitals, clinics, maternity care homes, and other buildings or parts of buildings containing surgical equipment are not included.

Counseling Service. A public or private organization which provides advice and assistance concerning such matters as career objectives, chemical and alcohol abuse and health problems. Counseling services do not include employment agencies, attorneys' offices or uses which are typically located in business or professional offices.

Curb Elevation. 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 Section.

Day. A calendar day.

Day Care. 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. 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 non-solid 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.

District. A geographic area or areas of the City sharing the same zoning classification for which this Section establishes restrictions and requirements. A district may be divided into subdistricts.

Drive-In. 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. 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. 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.

Efficiency Apartment. 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. 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 any way 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. Post may extend beyond the top of any fence by no more than twelve inches.

Floor Area Ratio (FAR). Gross floor area divided by lot area.

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

Garage - Accessory. 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. 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. 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 car wash is permitted. If repair or servicing is provided, the use shall be classified as an automobile service center.

Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a building as measured from (i) the exterior faces of the exterior walls; (ii) the exterior window line of the exterior walls in the case of a building with recessed windows, or (iii) the center line of any party wall separating two buildings. Gross floor area includes basements, hallways, interior balconies and mezzanines, enclosed porches, breezeways and accessory buildings not used for parking. Gross floor area does not include accessory garages, parking ramps, parking garages, areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall mean "gross floor area" as herein defined, unless otherwise specifically stated.

Half Story. The uppermost floor of a building in which (i) the intersection of the exterior wall and the roof is not more than three feet above the floor elevation, and (ii) 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.  An area, either at ground level or elevated on a structure, used for landing and takeoff of helicopters.

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

Lodge Hall. 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. The basic development unit for purposes of this Section. 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 Section. 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. The area within the lot lines exclusive of land located below the ordinary high water elevation of lakes, ponds and streams.

Lot - Corner. 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. 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. A lot other than a corner lot.

Lot Line - Front. 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. Any boundary of a lot not having frontage on a street.

Lot Line - Rear. The boundary of a lot which is most distant from, and approximately parallel with, the front lot line.

Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.

Lot - Through. An interior lot having frontage on two streets.

Lot Width. 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. The lot width divided by the perimeter of the lot.

Motel. See Hotel.

Motor Hotel. See Hotel.

Multi-Residential Use. A residential use permitted in the Planned Residence District and the Mixed Development District.

Non-Conforming Building. A building or structure which does not meet the requirements of the zoning district in which it is located due to the enactment of this Section or any amendment thereto, but which was lawfully existing as of the date of its construction or placement.

 Non-Conforming Lot. A lot which does not meet the requirements of the zoning district in which it is located, or of Section 810 of this Code, due to the enactment of this Section, or of Section 810 of this Code, or any amendments to either, but which met all such requirements as of the date the lot was established or created of record.

Non-Conforming Use. 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 this Section, or any amendment hereto, but which was a lawful use as of the date it was first commenced.

Non-Profit Organization. An organization which is qualified for tax exemption under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.

Nursing Home. See Convalescent Home.

Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an outlot.

Parcel. 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 Section.

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

Parking Ramp. A structure which is not totally enclosed, containing one or more levels for the parking of vehicles.

Patio. 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 non-solid 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. A building which is used for principal uses including enclosed seasonal living areas such as porches and breezeways which are attached to the principal building.

Residential Building. A building used for residential purposes or residential occupancy.

Residential Occupancy. The use of a room or 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. (i) 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; (ii) 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 (iii) 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. 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. 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. The shortest horizontal distance from any part of a building or structure to the nearest point on a rear lot line.

Setback - Side Street. 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. 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 herein defined. 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. The term "sexually-oriented businesses" shall not be construed to include; (i) schools or professional offices of licensed physicians, chiropractors, psychologists, physical therapists, teachers or similar licensed professionals performing functions authorized under the licenses held; (ii) establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held; (iii) businesses or individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of clothing.

Shopping Center. 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.

Specified Anatomical Areas. (i) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or; (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv) Fondling or touching of nude human genitals, pubic region, buttock, or female breast(s); or, (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (vii) Human excretion, urination, menstruation, vaginal or anal irrigation.

Split-Level Dwelling. A Split-Level Dwelling 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. 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. A public right-of-way 30 feet or more in width which is used or usable as a public thoroughfare. All references in this Section 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.

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

Townhouse. 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 Section.

Townhouse Plat. 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. 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. 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.

Yard - Front. 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. 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. 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. A period of 365 consecutive days.