TITLE I:  GENERAL PROVISIONS
Chapter
	10.	RULES OF CODE CONSTRUCTION
	11.	GENERAL CODE PROVISIONS
CHAPTER 10:  RULES OF CODE CONSTRUCTION
Section
	10.01	Title of code
	10.02	Application to future ordinances
	10.03	Captions
	10.04	Severability
	10.05	Reference to other sections
	10.06	Reference to offices
	10.07	Errors and omissions
	10.08	Official time
	10.09	Reasonable time
	10.10	Ordinances repealed
	10.11	Ordinances unaffected
	10.12	Effective date of ordinances
	10.13	Repeal or modification of ordinance
	10.14	Ordinances which amend or supplement code
	10.15	Preservation of penalties, offenses, rights, and liabilities
	10.16	Copies of code
	10.17	Adoption of statutes and rules by reference
	10.18	Statutory rules adopted by reference

	10.99	Penalties
§ 10.01  TITLE OF CODE.
	(A)	All ordinances of a permanent and general nature of the City of Lake Elmo, Minnesota, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “city code,” for which designation “code of ordinances,” “codified ordinances,” or “code” may be substituted.  Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
	(B)	(1)	All references to codes, titles, chapters, and sections are to the components of the code unless otherwise specified.  Any component code may be referred to and cited by its name, such as the “Traffic Code.”
		(2)	Sections may be referred to and cited by the designation “§” followed by the number, such as “§ 10.01.”
		(3)	Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.02  APPLICATION TO FUTURE ORDINANCES.
	All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided.
§ 10.03  CAPTIONS.
	Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.04  SEVERABILITY.
	If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
§ 10.05  REFERENCE TO OTHER SECTIONS.
	Whenever in 1 section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.06  REFERENCE TO OFFICES.
	Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 10.07  ERRORS AND OMISSIONS.
	If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.  No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.08  OFFICIAL TIME.
	The official time, as established by applicable state and federal laws, shall be the official time within this city for the transaction of all city business.
§ 10.09  REASONABLE TIME.
	(A)	In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
	(B)	The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.  If the last day is a legal holiday or a Sunday, it shall be excluded.
§ 10.10  ORDINANCES REPEALED.
	(A)	This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced.
	(B)	All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 10.11  ORDINANCES UNAFFECTED.
	All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.12  EFFECTIVE DATE OF ORDINANCES.
	All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.
§ 10.13  REPEAL OR MODIFICATION OF ORDINANCE.
	(A)	Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it when publication is required to give effect to it, unless otherwise expressly provided.
	(B)	No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
	(C)	When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
§ 10.14  ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
	(A)	If the City Council shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
	(B)	Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.15  PRESERVATION OF PENALTIES, OFFENSES, RIGHTS, AND LIABILITIES.
	(A)	All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws.
	(B)	This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code.  The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted.  In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment, or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.16  COPIES OF CODE.
	The official copy of this code shall be kept in the office of the City Clerk for public inspection.  The City Clerk shall provide a copy for sale for a reasonable charge.
§ 10.17  ADOPTION OF STATUTES AND RULES BY REFERENCE.
	It is the intention of the City Council that, when adopting this code, all future amendments to any state or federal rules and statutes adopted by reference in this code or referenced in this code are hereby adopted by reference or referenced as if they had been in existence at the time this code was adopted, unless there is clear intention expressed in the code to the contrary.
§ 10.18  STATUTORY RULES ADOPTED BY REFERENCE.
	The definitions and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in M.S. Ch. 645, as it may be amended from time to time, are adopted by reference and made a part of this code.  As so adopted, references in that M.S. Ch. 645 to laws and statutes mean provisions of the code and references to the legislature mean the City Council.
(1997 Code, § 100.03)
§ 10.99  PENALTIES.
	(A)	Prohibited acts.
		(1)	Any person must not do any of the following:
			(a)	Violate, fail to comply with, or assist, authorize, or permit the violation of a provision of this code;
			(b)	Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of a city approval, including permits and licenses, required or granted under this code; or
			(c)	Knowingly make or submit a false statement, document, or material omission in connection with an application or procedure required by this code.
		(2)	No section of part of this code designating the duties of an official, employee, or appointee of the city may be construed to make that person liable for the penalties provided herein.
	(B)	Penalties.
		(1)	A person who violated division (A) above is guilty of a misdemeanor and upon conviction will be punished in accordance with state law; provided, that if a different punishment is stated in this code, that provision governs the punishment for the violation.
		(2)	Designation as a petty misdemeanor means that upon conviction the sentence will be in accordance with state law. If not designated as petty misdemeanor, a violation is a misdemeanor as set forth above in division (B)(1) above.
		(3)	Each calendar day that division (A) above is violated constitutes a separate offense.
		(4)	A violation of division (A) above constitutes sufficient grounds for denial of an application required by this code that is related to the violation.
		(5)	Action prohibited by division  (A) above may, at the option of the city, void a city approval that is related to the violation.
		(6)	The City Attorney may institute a legal proceeding in the name of the City of Lake Elmo to prevent, restrain, remedy, or abate a violation of division (A) above.
		(7)	Nothing in this section prevents the city from taking other action permitted by law, and the penalties and remedies provided here and under other law are cumulative.
	(C)	Administrative citations and civil penalties.  Divisions (C) through (K) of this section govern administrative citations and civil penalties for violations of the City Code.
	(D)	Purpose.  The City Council finds that there is a need for alternative methods of enforcing this code. While criminal citations have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the imposition of civil penalties, including the use of administrative citations, is a legitimate and necessary alternative method to enforce and create compliance with the City Code. The use of administration citations as a method of enforcement is in addition to any other legal remedy that may be pursued for City Code violations.
	(E)	General provisions.  
		(1)	A violation of the City Code or that acts prohibited in division (A) above, in addition to being possible criminal violations, is an administrative offense that may be subject to administrative citations and civil penalties. Each day a violation exists constitutes a separate offense. The city may elect to pursue either the administrative offense or the applicable criminal offense, but not both for the same offense date.
		(2)	The City Council must adopt by resolution a schedule of fines for offenses initiated by administrative citation. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. Administrative hearing officers are not bound by that schedule when a matter is appealed to the hearing officer for administrative review.
		(3)	An administrative offense may be subject to a civil penalty not exceeding $2,000 per violation, plus cost of remediation if incurred by the city.
		(4)	The City Administrator must adopt procedures for administering the administrative citation program.
	(F)	Notification of violation.
		(1)	Following a complaint or a routine inspection of a code violation, the City Administrator or designee may issue a notification of a code violation upon verification that a violation has occurred. The person responsible for the violation will be given reasonable opportunity to correct the violation based on the nature of the offense.
		(2)	It is the obligation of the person responsible for the violation to contact the city regarding compliance.
	(G)	Administrative citation.
		(1)	If the violation is not corrected, the City Administrator or designee may issue an administrative citation of a code violation upon verification that a violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation, or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation.
		(2)	The person responsible for the violation must either pay the scheduled fine or request a hearing within 7 days after issuance of the citation. Payment of the fine or failure to request a hearing within 7 days after issuance of the citation constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount may be imposed under division (J) below.
	(H)	Administrative hearing.
		(1)	Notice of the hearing must be served in person or by mail on the cited party at least 10 days in advance, unless a shorter time is accepted by all parties. The cost of the hearing will be split equally between the city and the person responsible for the violation. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing, and may receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
		(2)	The City Council will periodically approve a list of lawyers, arbitrators, and qualified neutral third parties from which the City Administrator will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The cited party will have the right to request hat the assigned hearing officer be removed from the case. That request must be made no later than 5 days before the date of the hearing. One request for each case will be granted automatically by the City Administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the City Administrator will assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by M.S. § 609.415. The hearing officer must not be a city employee. The City Administrator will establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff.
		(3)	(a)	The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors:
				1.	The duration of the violation;
				2.	The frequency or reoccurrence of the violation;
				3.	The seriousness of the violation;
				4.	The history of the violation;
				5.	The violator's conduct after issuance of the notice of hearing;
				6.	The good faith effort by the violator to comply;
				7.	The economic impact of the penalty on the violator;
				8.	The impact of the violation upon the community; and
				9.	Any other factors appropriate to a just result.
			(b)	The hearing officer may exercise discretion to impose a fine for more than 1 day of continuing violation, but only upon a finding that:
				1.	The violation caused a serious threat of harm to the public health, safety, or welfare; or that
				2.	The accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing.
		(4)	The failure to attend the hearing constitutes a waiver of the violator's right to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of GOOD CAUSE include but are not limited to death or incapacitating illness of the accused or the accused's family member; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. GOOD CAUSE does not include forgetfulness or intentional delay.
	(I)	Judicial review.  An aggrieved party may obtain judicial review of the decision of the hearing officer by proceeding by Petition for a Writ of Certiorari in District Court pursuant to M.S.§ 484.03.
	(J)	Recovery of civil penalties.
		(1)	If a civil penalty is not paid within the time specified, it will constitute:
			(a)	A lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or
			(b)	A personal obligation of the violator in all other situations.
		(2)	A lien may be assessed against the property and collected in the same manner as taxes.
		(3)	A personal obligation may be collected by appropriate legal means, including correction of the violation by the city at the expense of the property owner. If correction of the offense requires entrance upon the property, a warrant must first be secured by the city.
		(4)	A late payment fee of 10% of the fine may be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date.
		(5)	Failure to pay a fine is grounds for suspending or revoking a license or permit related to the violation.
		(6)	Failure to pay a fine is grounds for denial of future city permits. 
	(K)	Double jeopardy.  If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in District Court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provision based on a different set of facts, or a separate date of violation or offense.
(Ord. 08-028, passed 7-20-2010)
CHAPTER 11:  GENERAL CODE PROVISIONS
Section
	11.01	Definitions
	11.02	Fees
§ 11.01  DEFINITIONS.
	For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	10-YEAR FLOOD.  The flood which can be expected to occur, on an average, of once in 10 years; or the level to which flood waters have a 10% chance of rising in any given year.
	ACCESSORY BUILDING.  A subordinate building, or a portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building.
	ACCESSORY STRUCTURE.  A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
	ACCESSORY USE.  A use incidental or subordinate to the principal use of the same land.
	ADJACENT LANDS.  Lands within 300 feet of the normal high water mark or any identified wetland.
	ADMINISTRATION (WASTE WATER SERVICE CHARGE).  Those costs attributable to monitoring a reporting card maintenance record system of the waste water treatment works.
	ADMINISTRATOR, CITY CLERK.  Means City Clerk/Administrator.
	ADMINISTRATOR, ZONING.  The City Zoning Administrator.
	ADMINISTRATOR.  Administrator of the city and the duties imposed upon the Administrator in §§ 95.15 et seq. with respect to registration through the Administrator’s duly designated agents subject to the Administrator’s supervision, direction, and control.
	AGRICULTURAL BUILDING.  A structure on agricultural land, as defined below in the definition for FARM, RURAL of this section, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown by the owner, lessee, or sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.
	AGRICULTURAL ENTERTAINMENT BUSINESS.  An agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building.  Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farms, on-farm tours, agricultural related museums, demonstrations of farming practices, techniques and methods, fee-based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture.
	AGRICULTURAL MUSEUMS.  The keeping, restoration, maintenance and display of the structures, tools and equipment utilized in the production of agricultural products.  Restoration and maintenance activity shall be limited to those structures, tools, and equipment permanently kept on display on the premises.  Retail or wholesale sales of any product are specifically excluded.
	AGRICULTURAL SALES BUSINESS.  The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts.  The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area.  No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items.  No activities other than the sale of goods as outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS.
	AGRICULTURE.  The production of livestock, dairy animals, dairy products, fur-bearing animals, horticultural and floricultural nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products.
	ALARM SITE.  A single premises or location, or a multi-tenant location, served by an alarm system or systems.
	ALARM SYSTEM.  Any mechanical, electrical, or radio-controlled device or system which is designed to emit, transmit, or relay a signal or message and which, when activated, is intended to summon, or that would reasonably be expected to summon, police, fire, or emergency medical services.  ALARM SYSTEMS include intrusion alarms, but does not include:
		(1)	An alarm installed on a vehicle, unless the vehicle is permanently located at a site; or
		(2)	An alarm designed to alert only the inhabitants of a premises, and which does not constitute a local alarm.
	ALL-TERRAIN VEHICLE.  A motorized flotation-tired vehicle of not less than 3 low-pressure tires, but not more than 6 tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry wet less than 800 pounds.
	ALLEY.  A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties where the principal frontage is on a street.
	ALTERNATIVE SYSTEM.  An individual sewage treatment system other than the standard system defined under INDIVIDUAL SEWAGE TREATMENT SYSTEM below in this section.
	ANIMAL CONTROL OFFICER.  The person contracted with by the city that is responsible for animal control operations within its corporate limits.
	ANIMALS, DOMESTIC FARM.  Cattle, hogs, horses, bees, turkeys, geese, sheep, goats, chickens, and other animals commonly kept for commercial food producing purposes.
	ANIMALS, DOMESTIC PETS.  Dogs, cats, birds, and similar animals, commonly kept in a residence.
	ANIMATION.  The movement or the optical illusion of movement of any part of a sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a  street sign.
	ANTENNA.  A device placed outdoors on a building or structure and used to transmit and/or receive radio or electromagnetic waves, excluding: satellite dishes, 10 feet or shorter whip antennas 1 inch or less in diameter, and television antennas having a total length of not more than 6 feet which are located on a dwelling or other permitted building.
	APARTMENT.  A room or suite of rooms with cooking facilities designed to be occupied as a residence by a single family.
	APPLICANT.  A person that makes an application to the city on an application form provided by the City Administrator.
	AT LARGE.
		(1)	When a dog is off the premises of the owner and not:
			(a)	Under the control of the owner or a member of owner’s immediate family by a leash, not exceeding 6 feet in length; or
			(b)	At “heel” beside a competent person having custody of the dog and obedient to that person’s commands.
		(2)	When the dog commits damage to the person or property of any one other than the owner or creates a nuisance upon the property of one other than the owner, except in the defense of the owner, owner’s family, or owner’s property, unless confined in the process of being transported to or from the premises of the owner.
	AT LARGE.  When the dog is off the premises of the owner and not under the control of the owner or a member of owner’s immediate family by a leash, not exceeding 6 feet in length, or at “heel” beside a competent person having custody of the dog and obedient to that person’s commands; when the dog commits damage to the person or property of any one other than the owner or creates a nuisance upon the property of one other than the owner, except in the defense of the owner, owner’s family, or owner’s property, unless confined in the process of being transported to or from the premises of the owner.
(1997 Code, § 1320.01)
	ATTORNEY.  The City Attorney.
	AUTO OR MOTOR VEHICLE REDUCTION YARD.  A lot or yard where 1 or more unlicensed motor vehicles, or the remains of an unlicensed motor vehicle, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment.
	AUTOMOBILE REPAIR.  The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission, or differential, incidental body and fender work, minor painting, and upholstering service when the service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.
	AUTOMOBILE SERVICE STATION (GAS STATION).  A place where any motor fuel, lubricating oil, or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.  This definition includes greasing and oiling and sale of automobile accessories on the premises.  This definition also includes minor repairs and replacement of parts and motor services to passenger vehicles and small trucks not exceeding 1 and 1/2 ton capacity.  This definition shall not include major repair, rebuilding, or conditioning of engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair; overhaul, painting or paint job, vehicle steam cleaning, or automatic car or vehicle washing devices.
	AUTOMOBILE SERVICE USES.  Those uses catering to the traveling public.  These include auto and truck laundry, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services, and restaurants.  The sale of groceries and dry goods is also included in this section when the sale of the goods is an accessory use to the above automobile service uses.
	AWNING.  A roof-like cover including, but not limited to, fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like.
	B.O.D. (BIOCHEMICAL OXYGEN DEMAND).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20°C expressed in milligrams per liter.  Laboratory procedures shall be in accordance with the latest edition of Standards Methods for the Examination of Water and Waste Water.
	BAFFLE.  A device permanently attached or integral to the sewage tank to provide proper operations of the tank and maximum retention of solids.
	BASEMENT.  Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all 4 sides, regardless of the depth of excavation below ground level.
	BEAUTY SALON.  Any commercial establishment, residence, or other establishment, place, or event wherein cosmetology, including hair care, nail care, and skin care, is offered or practiced on a regular basis for compensation.
	BEDROCK.  The layer of parent materials which by its composition and structure, as compared to soil, is inadequate to provide adequate filtration and treatment of sewage tank effluent.
	BEDROOM.  Any room within a dwelling unit which, by virtue of its design and location, might reasonably be used as a sleeping room.
	BEER or 3.2% MALT LIQUOR.  Any fermented, potable malt beverage containing not less than 1/2 of 1% alcohol by volume nor more than 3.2% alcohol by weight.
	BEST MANAGEMENT PRACTICES (BMPs).  Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems.  BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
	BIOCHEMICAL OXYGEN DEMAND (B.O.D.5).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20°C, expressed in milligrams per liter.
	BLOCK.  An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.
	BLUFF IMPACT ZONE.  A bluff and land located within 20 feet from the top of a bluff.
	BLUFF.  A topographic feature such as a hill, cliff, or embankment having the following characteristics.  (An area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the bluff.)
		(1)	Part or all of the feature is in a Shoreland area;
		(2)	The slope rises at least 25 feet above the ordinary high water level of the water body;
		(3)	The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
		(4)	The slope must drain toward the water body.
	BOARDING HOUSE.  A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging are provided for 3 or more unrelated persons, but not to exceed 8 persons.
	BOATHOUSE.  A structure designed and used solely for the storage of boats and boating equipment.
	BONA FIDE CLUB.  A club organized for social or business purposes, for intellectual improvement, or for the promotion of sports, where the serving of 3.2% malt liquor is incidental to and not a major purpose of the club.
	BOULEVARD.  The portion of the street right-of-way between the curb line and the property line.
	BUILDABLE LAND AREA.  The gross land area less the unbuildable land area that includes hydric and restrictive soils, land with slopes over 25%, wetlands, areas that cannot accommodate septic systems, and land that has been acquired for municipal purposes.
	BUILDING CODE.  Minnesota State Building Code.
	BUILDING DRAIN.  The part of the lowest piping of the drainage system which receives the sewage discharge inside the walls of the building and conveys it to the building sewer which begins at least 1 foot outside the building line.
	BUILDING FOOTPRINT.  The outline of the total area covered by a building’s perimeter at the ground level.
	BUILDING HEIGHT.  The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and to the mean height between eaves and highest ridge for gable, hip, and gambrel roofs.
	BUILDING LINE.  A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
	BUILDING OFFICIAL.  The officer or other designated authority, certified by the state, charged with the administration and enforcement of the State Building Code, or officer’s duly authorized representative.
	BUILDING SETBACK LINE.  A line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluff line, or a high water mark or line, behind which buildings or structures must be placed.
	BUILDING SETBACK.  The minimum horizontal distance between 1 building and the lot line.
	BUILDING SEWER.  The part of the drainage system which extends from the building drain to the point of connection to either a public sewer, a septic tank, pumping chamber, or an individual sewage treatment system, for the purpose of conveying waste water.
	BUILDING.  Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal, or movable property of any kind.  When any portion of a building is completely separated from every other part of a building by area separation, each portion of the building shall be deemed as a separate building.
	BUSINESS OF REFUSE COLLECTION.  Operating a refuse collection service for hire.
	BUSINESS.  Any occupation, employment, or enterprise where merchandise is exhibited or sold, or where services are offered for compensation.
	CAPACITY (SEWER SYSTEMS).  The internal liquid volume of a sewage tank below the outlet level.
	CANOPY.  A detachable, roof-like cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather.
	CARPORT.  An automobile shelter having 1 or more sides open.
	CELLAR.  The portion of the building having more than 1/2 of the clear floor-to-ceiling height below the average grade of the adjoining ground.
	CESSPOOL.  An underground pit into which raw household sewage or other untreated liquid waste is discharged and from which the liquid is allowed to seep into the surrounding soil.
	CHANNEL.  A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, including but not limited to streams, river, creeks, ditches, drainage ways, canals, conduits, culverts, waterways, gullies, ravines, or washes; and including any area adjacent to the water course, which is subject to inundation by reason of overflow or floodwaters.
	CHURCH.  A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
	CIGARETTE VENDING MACHINE.  Any automatic vending machine used for the sale of cigarettes and matches, and controlled by the insertion of a coin or coins; it shall not include machines or devices used solely for the vending of service, food, or confections.
	CITY.  The area within the corporate boundaries of the City of Lake Elmo, Minnesota, as presently established or as amended by ordinance, annexation, or other legal actions at a future time.  The term CITY when used in this code may also be used to refer to the City Council and its authorized representatives.
	CITY’S TRADE AREA.  The area located within the city limits and the area located within the limits of all Minnesota cities and townships which are contiguous to the city.
(1997 Code, § 1110.09)
	CIVIL DEFENSE EMERGENCY.  An emergency declared by the Governor under Minnesota Statutes, or an emergency proclaimed by the Mayor.
	CIVIL DEFENSE FORCES.  Any personnel employed by the city and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions.
	CIVIL DEFENSE.  The preparations for and the carrying out of all emergency functions.
	CLEAN WATER ACT.  The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
	CLOSURE STATEMENT.  A written statement prepared by the park owner which includes the following information:
		(1)	A statement that the manufactured home park, or a portion of the manufactured home park, is closing and the anticipated date of closing;
		(2)	A statement addressing the availability, location, and potential cost of other manufactured home park lot sites located within a 25 mile radius of the manufactured home park that is being closed; and
		(3)	A statement of the probable relocation costs within a reasonable range which will be incurred by the park residents in order to relocate the park resident’s manufactured home to a manufactured home park within a 25 mile radius.
	CLUB or LODGE.  A nonprofit association or persons who are bona fide members paying annual dues.
	CLUB.  Any corporation duly organized under the laws of Minnesota for civic, fraternal, social, or business purposes, or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans’ organization if it meets all of the following conditions.
		(1)	It shall have more than 50 members.
		(2)	For more than a year, it shall have owned, hired, or leased a building or space in a building of the extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members.
		(3)	Its affairs and management shall be conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose.
		(4)	None of its members, officers, agents, or employees shall be paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of the reasonable salary or wages as may be fixed and voted each year by the governing body of the club.
	CODE, THIS CODE, or THIS CODE OF ORDINANCES.  This city code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
	COLLECTION POINT.  Any residence, place of business, or other place in the city with respect to which a HAULER, as defined below in this section, has been hired for the purpose of collecting and transporting solid waste.
	COMBINED SEWER.  A sewer intended to serve as a sanitary sewer and storm sewer.
	COMMERCIAL LUMBERING OR HARVESTING OF FOREST PRODUCTS.  Any removal of trees that may result in the commercial sale of any wood or product of the tree.
	COMMERCIAL SPEECH.  Speech or graphics advertising a business, profession, commodity, service or entertainment.
	COMMERCIAL USE.  The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
	COMMERCIAL USER (SEWER SYSTEMS).  Any place of business which discharges sanitary waste as distinct from industrial wastewater.
	COMMISSIONER (INTOXICATING LIQUOR).  The Commissioner of Public Safety for the State of Minnesota.
	COMMISSIONER (SHORELAND).  The Commissioner of the Department of Natural Resources.
	COMMUNITY SEWAGE TREATMENT SYSTEM.  A publicly constructed, operated, and maintained sewage treatment and collection system which collects sewage from 2 or more residences or other establishments, consisting of collector lines, pumps, sewage tanks, and soil treatment unit, also known as a cluster system; for purposes of administration, operation, maintenance, and replacement; individual off-site systems shall be considered community sewage treatment systems.
	COMPOST SITE.  An area designated by the city for the placement of uncontaminated leaves and grass clippings.
	COMPREHENSIVE PLAN.  The policies, statements, goals, and interrelated plans for private and public land and water use, transportation, and community facilities, including recommendations for planned execution; documented in texts, ordinance, and maps, which constitute the guide for the future development of the community or any portion of the community.
	CONCEALED WEAPON.  Whenever a person is carrying a weapon that is not readily ascertainable upon observing the person.
	CONDITIONAL USE.  A specific type of structure or land use listed in individual zoning districts that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the zoning code.
	CONDOMINIUM.  See DWELLING, MULTIPLE OR APARTMENT BUILDING.
	CONSERVATION EASEMENT.  An interest in real property created in a manner that imposes limitations or affirmative obligations regarding the use of property, including the retention, protection, and maintenance of open space.
	CONTRACTOR MAINTENANCE SHOP.  An area and/or building devoted to use by a person who contracts to do certain work in the fields of building or construction trades.  If there is outside storage of construction equipment, it shall be placed to the rear of the contractor’s maintenance shop, and screened from adjacent properties by a landscape plan approved by the City Council.
	COUNCIL.  The governing body of the city.
	COUNTY.   Washington County, Minnesota.
	CURB LEVEL.  The grade elevation of the curb in front of the center of the building.  Where no curb has been established, the community engineer shall determine a curb level or its equivalent for the purpose of this section.
	CURRENT LAND USE.  Land use as it appears on tax statement.
	CURRENT RESIDENT LIST.  A list of names and addresses of adult residents of the manufactured home park.
	D.N.R.  The Minnesota Department of Natural Resources.
	DANGEROUS DOG.  Any dog that has:
		(1)	Without provocation, inflicted substantial bodily harm on a human being on public or private property;
		(2)	Killed a domestic animal without provocation while off the owner’s property; or
		(3)	Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.
	DAY CARE CENTER.  Any facility licensed by the Minnesota Department of Human Services and operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.
	DAY SPA.  A safe, clean commercial establishment, which employs professional licensed therapists whose services include massage and body or facial treatments. Treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, nonsurgical face lifts, electrical toning, and electrolysis. Services may also include Hydrotherapy and steam and sauna facilities, nutrition and weight management. No services or facilities may be offered or constructed that would include customer over night stay.
	DEADMAN THROTTLE (SAFETY THROTTLE).  A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.
	DECIBEL.  The unit of sound measured on the “A” weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the Standards on Sound Level Meters of the USA Standards Institute.
	DECK.  A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than 3 feet above ground.
	DEDICATED CONSERVATION EASEMENTS.  A non-possessory interest in real property imposing limitations on a parcel of land for the purposes of retaining and protecting natural or open space values of real property, assuring its availability for agricultural, forest, recreational, or other open space uses, and protecting natural resources.  A conservation easement must be granted to a qualified land trust and the City of Lake Elmo.  At the city’s discretion, the conservation easement may go to the City of Lake Elmo if a qualified land trust does not accept the easement.
	DEPTH OF LOT.  The horizontal distance between the frontage right-of-way line and rear lot line.  On a corner lot, the side with the largest frontage is its depth, and the side with the lesser frontage is its width.
	DEPTH OF REAR YARD.  The horizontal distance between the rear building line and the rear lot line.
	DESIGN STANDARDS.  The specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating, among other things, the optimum, minimum, or maximum dimensions of the items as rights-of-way, blocks, easements, and lots.
	DESIGNATED RECYCLING PROGRAM.  A program for the collection and recycling of recyclable materials which is instituted, sponsored, and controlled by the city and its contracted recycler.
	DIRECT LIGHT. Light emitted directly from a lamp, off a reflector, or through a refractor of a luminaire.
	DISASTER.  A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss.
	DISTRIBUTION PIPE.  Perforated pipe or spaced agricultural drain tile which is used to distribute sewage tank effluent in a soil treatment system.
	DOMESTIC WASTE WATER.  Waste water that is primarily produced by residential users, with B.O.D.5 concentrations of approximately 250 mg/l and suspended solids concentration of approximately 300 mg/l.
	DOSING CHAMBER.  A separate tank or chamber which receives effluent from the sewage tank and serves a reservoirs for the dosing device.
	DOSING DEVICE.  A pump, siphon, or other device which mechanically discharges sewage tank effluent from the dosing chamber to the soil treatment system.
	DREDGING.  The process by which soils or other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.
	DRIVE-IN.  Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.
	DUPLEX.  A residential structure containing 2 dwelling units located on 1 parcel of land.
	DWELLING, DUPLEX OR 2-FAMILY.  A residential building containing 2 complete dwelling units.
	DWELLING, MULTIPLE OR APARTMENT BUILDING.  A residential building or portion of a building, containing 3 or more dwelling units served by a common entrance.
	DWELLING, SEASONAL.  A residential building not capable of year-round occupancy due to non-winterized construction or inadequate non-conforming year-round on-site sewage treatment systems.
	DWELLING, SINGLE-FAMILY ATTACHED.  Two single-family dwellings sharing 1 or more common wall, each on its own individual lot.
	DWELLING, SINGLE-FAMILY DETACHED.  A single-family dwelling that is surrounded by yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.
	DWELLING, SINGLE-FAMILY.  A residential structure designed for or used exclusively as 1 dwelling unit of permanent occupancy.
	DWELLING, SINGLE.  A residential building containing 1 detached dwelling unit.
	DWELLING, TOWNHOUSE.  A residential building containing 3 or more dwelling units with at least 1 common wall between adjacent residences and each unit so oriented as to have all exits directly to the out-of-doors.
	DWELLING UNIT.  A residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used, or intended for use exclusively as living quarters for 1 family.
	DWELLING.  A building, or 1 or more portions of a building, occupied or intended to be occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes, boarding houses, nor trailers, tents, cabins, or trailer coaches. (Also, see DWELLING UNIT.)
	EASEMENT.  The right granted by a property owner to another or to the public to use a tract of land for the purpose of constructing and maintaining drives, utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways, and gas lines.
	ECOLOGICAL CHARACTERISTICS.  The features of a wetland which determines its function as a hydrological, botanical, zoological resource.  They include, without limitation, water conveyance capacity including size and configuration of cross section of the wetland, alignment of the wetland, gradient texture of materials along the wetland, size and configuration of the characteristics of structures within the wetlands, amount and type of vegetation within the wetland, amount and type of fish, birds, and mammals within the wetland, and the water purification function of the wetland.
	ELDERLY HOUSING (SENIOR HOUSING).  A facility consisting of 3 or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple-household attached dwellings, but may include other forms of attached or detached dwelling units as part of a wholly owned and managed senior project.
	ELIGIBLE PARK RESIDENT.  A park resident who satisfies the following criteria:
		(1)	Park lot rent is current within 30 days of the anticipated park closing date and personal property taxes have been paid for the current and prior years.  The owner’s performance of the agreement shall be secured by a bond or a cash deposit filed with the Administrator in the amount of $1,000;
		(2)	Manufactured home has been maintained (including the roofing, siding, windows, flooring, and frame pursuant to the manufactured home park standards) for the year in which the manufactured home was constructed and the manufactured home is in good repair as determined by the city’s Building Inspector;
		(3)	Park resident is unable to locate space in a manufactured home park within a 25 mile radius which as the same or less restrictive standards; and
		(4)	Personal credit history is not the reason the park resident’s inability to relocate to another manufactured home park.
	EMERGENCY MANAGEMENT FORCES.  The total personnel resources engaged in city-level emergency management functions in accordance with the provisions of this chapter or any rule or order thereunder.  This includes personnel from city departments, authorized volunteers, and private organizations and agencies.
	EMERGENCY MANAGEMENT ORGANIZATION.  The staff responsible for coordinating city-level planning and preparation for disaster response.  This organization provides city liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements.
	EMERGENCY MANAGEMENT.  The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by fire, flood, tornado, and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps.  These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out the foregoing functions.  Emergency management includes those activities sometimes referred to as “civil defense” functions.
	EMERGENCY.  An unforeseen combination of circumstances which calls for immediate action to prevent from developing or occurring.
	ENGINEER.  The City Engineer.
	EQUAL DEGREE OF ENCROACHMENT.  A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportional share of flood flows.
	EQUIVALENT RESIDENTIAL UNIT (E.R.U.) SEWER SYSTEMS.  A unit of waste water volume of 250 gallons per day and a strength not greater than 250 mg/l of B.O.D. and 300 mg/l of total suspended solids.
	ESSENTIAL SERVICES (PUBLIC UTILITY USES).  Underground or overhead gas, electric, steam, or water distribution systems; collection, communication, supply, or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings or transmission services.
	EXCLUSIVE LIQUOR STORE.  An establishment used exclusively for the sale of intoxicating liquor at retail either “on-sale” or “off-sale” or both.
	EXTERIOR STORAGE.  The storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed in a building.
(1997 Code, § 1340.01)
	EXTERIOR STORAGE (INCLUDES OPEN STORAGE).  The storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
	EXTRA STRENGTH WASTE (SEWER SYSTEMS).  Waste having a B.O.D. and/or suspended solids greater than domestic waste as defined in DOMESTIC WASTE WATER above in this section.
	EXTRACTIVE USE.  The use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.
	FALSE ALARM.  The activation of an alarm system signal or message which elicits notification to and/or response by the Washington County Sheriffs Office and/or Lake Elmo Fire Department when there is no evidence of a crime, fire, medical emergency, or other activity which warrants a call for immediate police, firefighting, or emergency medical assistance.
	FAMILY.  An individual, or 2 or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or group of not more than 4 persons not so related, maintaining a common household, exclusive of servants.
	FAMILY ENTERTAINMENT CENTER.  Amusement facilities that may include indoor miniature golf, child play areas, arcade games, batting cages, birthday party and family celebration rooms, indoor soccer/field hockey, children’s adventure play gardens, and laser tag. Also typically included are a small food and beverage area and a small retail area. All facilities are non-alcoholic and smoke free.
	FARM, RURAL.  The portion of a 10 or more acre parcel of land which is devoted to agriculture by the property owner or by a lessee of the property owner.
	FARM, SUBURBAN.  A suburban farm is a non-commercial, food-producing use primarily intended for the use of the residents, and usually on less than 10 contiguous acres.  Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets.
	FARM SCHOOL.  A facility that supports a school program that emphasizes fostering a child's intellectual, social, physical, and emotional growth, using farm animals, agriculture, and nature as the learning environment and conducted as part of an operational farm.
	FARMER.  Person permanently residing on a tract of land of not less than 10 acres in the city and who farms the land for a livelihood.
	FENCE.  A partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure, not to include any roof or covering.
	FILL.  Any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, or transported and shall include the conditions resulting from the act.
	FILTER MATERIAL.  Clean rock, crushed igneous rock, or similar durable and decay-resistant material free from dust, sand, silt, or clay which is insoluble in sewage tank effluent.  The size shall range from 3/4 inch to 2 and 1/2 inches.
	FINAL PLAT.  A drawing or map of an approved subdivision, meeting all requirements of the subdivision ordinance, and in the form as required by law for purposes of recording.
	FINISHED FILL.  Soil compaction area and the final grade outside the wall and foundation of a structure.
	FIRE OR EMERGENCY MEDICAL ALARM.  A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire or medical emergency or supervisory signal initiating devices which are intended to summon fire or emergency medical services by the Washington County Sheriffs Office and/or the Lake Elmo Fire Department.
	FITNESS STUDIO.  A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building.  FITNESS STUDIO may include exercise equipment; and shall exclude massage in any form.  The maximum allowable floor area is 5,000 square feet.
	FIXTURE.  The assembly that holds the lamp.  It may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor of lens.
	FLOATABLE OIL.  Oil, fat, or grease in a physical state so that it will separate by gravity from waste water.
	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.  The portion of the flood plain outside the floodway.  FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the flood insurance study for Washington County, Minnesota and incorporated areas.
	FLOOD PLAIN.  The beds proper and the areas adjoining a wetland, lake, or water course which have been or hereafter may be covered by the regional flood.
	FLOOD-PROOFING.  A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
	FLOODWAY.  The bed of a wetland or lake and the channel of a water course and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
	FLOOR AREA.  The gross area of the main floor of a residential building measured in square feet and not an attached garage, breezeway, or similar attachment.
	FLOOR AREA, GROSS.  The sum of the gross area of the various floors of a building measured in square feet.  The basement floor area shall not be included unless the area constitutes a story.
	FLOOR AREA RATIO.  The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which the building or buildings are located.
	FLOOR PLAN, GENERAL.  A graphic representation of the anticipated use of the floor area within a building or structure.
	FLORICULTURE.  The cultivation and management of ornamental and flowering plants.
	FOOT CANDLE.  An illuminance equal to 1 lumen per square foot.
	FOREST LAND CONVERSION.  The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand.
	FORESTED AREA.  Any unit of land which has a density of trees greater than 10 trees per acre.
	FRONTAGE.  The boundary of a lot which abuts a public street.
	FULL CUTOFF LUMINAIRE.  Luminaire that allows no direct light emissions higher than 15 degrees below a horizontal plane through the luminaire’s lowest light-emitting part.
	GARAGE, PRIVATE.  A detached 1 story accessory building or portion of the principal building, including a carport, which is used primarily for the storage of passenger vehicles, trailers, or farm trucks.
	GARAGE, REPAIR.  A building or space for the repair of maintenance of motor vehicles, but not including factory assembly of the vehicles, auto wrecking establishments, or junk yards.
	GARAGE, STORAGE.  Any premises, except those described as a private or repair garage used exclusively for the storage of power-driven vehicles.
	GARBAGE.  Solid waste resulting from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, or sale of meat, fish, fowl, fruit, or vegetable and condemned food.
	GLARE.  Direct light emitted from a luminaire that causes reduced vision or momentary blindness.
	GOVERNMENT USER (SEWER SYSTEMS).  Users which are units, agencies, or instrumentalities of federal, state, or local government discharging normal domestic strength waste water.
	GRAY WATER.  Liquid waste from a dwelling or other establishment produced by bathing, laundry, culinary operations, and from floor drains, and specifically excluding toilet waste.
	GREENHOUSES.  A building used for the growing of plants, all or part of which are sold at retail or wholesale.
	GROSS ACRES.  The total area of a parcel of land including wetlands, hydric soils, steep slopes, streets, and dedicated easements.
	HAULER.  Person engaged in the business of refuse collection.
	HAZARDOUS MATERIALS.  Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
	HEIGHT OF BUILDING.  The vertical distance between the lowest grade level at the building line and the uppermost point on the roof.
	HISTORIC STRUCTURE.  A structure that is at least 50 years old, in its original state.  Structure shall add to the visual integrity of the landscape.
	HISTORICAL 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 Historical Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S.§ 308.08, as it may be amended from time to time.  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 Historic Society.  All unplatted cemeteries are automatically considered to be significant historic sites.
	HOLDING TANK.  A watertight sewage tank for the temporary storage of sewage until it is transported to an approved point for treatment and disposal.
	HOME OCCUPATION.  Any gainful occupation or profession engaged in by the occupant, only, of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those normally utilized in a residential district are present, that no stock in trade over 1,000 cubic feet is stored on the premises, that no over-the-counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hair salons serving no more than 2 customers at a time, or teaching limited to no more than 3 students at any time, and other uses which do not create a nuisance as outlined in Chapter 96 of this Code. A HOME OCCUPATION shall not be interpreted to include tourist homes, restaurants, disorderly house as defined by M.S. § 609.33, Sudb. 1, as it may be amended from time to time, or similar uses. No HOME OCCUPATION shall be permitted that creates the need for more than 3 parking spaces at any given time in addition to the parking spaces required by the occupants. HOME OCCUPATIONS shall not be carried on except between the hours of 7:00 a.m. and 10:00 p.m.
	HORTICULTURE.  The cultivation and management of trees, plants, grasses, vegetables, and fruits.
	HOTEL.  A building having provision for 9 or more guests in which lodging is provided with or without meals for compensation, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
	ILLICIT CONNECTIONS.  Either of the following:
		(1)	Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
		(2)	Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
	ILLICIT DISCHARGE.  Any direct or indirect non-storm water discharge to the storm drain system.
	ILLUMINANCE.  The level of light measured at a surface.
	IMPERVIOUS SURFACE.  Any structure or surface which interferes to any degree with the direct absorption of water into the ground, including but not limited to building footprints, sidewalks, paved or gravel driveways and parking areas, patios, sport courts, swimming pools, or any other similar surface. Decks, pervious landscaping fabric, and retaining walls shall not be included as impervious surface.
	INCOMPATIBLE WASTE (SEWER SYSTEMS).  Waste that either singly or by interaction with other wastes interferes with any waste treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in the receiving water of the waste water treatment works.
	INDIVIDUAL SEWAGE DISPOSAL SYSTEM.  A septic tank, seepage tile sewage disposal system, or other sewage treatment device.
	INDIVIDUAL SEWAGE TREATMENT SYSTEM.  An on-site sewage treatment system connecting to a single dwelling or other establishment, consisting of soil treatment unit, septic tank, and any associated pumping and piping systems.
	INDUSTRIAL USE.  The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
	INDUSTRIAL USERS OR INDUSTRIES (SEWER SYSTEMS).
		(1)	Entities that discharge into a publicly-owned waste water treatment works, liquid waste resulting from the process employed in industrial or manufacturing processes, or from the development of any natural resources; these are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under 1 of the following divisions:
			(a)	Division A.  Agriculture, Forestry, and Fishing;
			(b)	Division B.  Mining;
			(c)	Division D.  Manufacturing;
			(d)	Division E.  Transportation, Communications, Electric, Gas, and Sanitary Sewers; or
			(e)	Division I.  Services.
		(2)	Any non-governmental user of a publicly-owned treatment works which discharges waste water to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
	INDUSTRIAL WASTE WATER (SEWER SYSTEMS).  The liquid, solid, or gaseous processing wastes from an industrial manufacturing process, trade, or business including but not limited to all Standard Industrial Classification Manual Divisions A, B, D, E, or I, as distinct from domestic waste water.
	INDUSTRIAL WASTES.  The solid, liquid, or gaseous waste resulting from industrial or manufacturing processes, trade, or business, or from the development, recovery, or processing of natural resources.
	INDUSTRY, MUNICIPAL SEWER SYSTEM.  Any non-governmental or non-residential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, latest edition, categorized in Divisions A, B, D, E, and I.
	INSTITUTIONAL HOUSING.  Housing for students, mentally ill, infirm, elderly, nurses, physically retarded, and similar housing of a specialized nature.
	INSTITUTIONAL USER (SEWER SYSTEMS).  Users other than commercial, governmental, industrial, or residential users, discharging primarily normal domestic strength waste water (e.g., non-profit organizations).
	INTENSIVE VEGETATION CLEARING.  The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
	INTERIM USE.  A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
	INTOXICATING LIQUOR and LIQUOR.  Ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2% alcohol by weight.
	INTRUSION ALARM.  A robbery, burglary, panic, or other alarm intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
	JUNK YARD.  An area where discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of the material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.
	JUNK.  All exterior storage not permitted by § 150.002 or included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by the provisions of this code, is defined as JUNK within the meaning of § 96.03(B)(11).
(1997 Code, § 1340.06)
	KENNEL; ANIMALS.  Any place where 4 or more of any type of domestic pets, over 4 months of age, are owned, boarded, bred, or offered for sale.
	LAMP.  The component of a luminaire that produces the light.
	LAND ALTERATION.  The excavation or grading of land involving movement of earth and materials in excess of 50 yards.
	LAND RECLAMATION.  The reclaiming of land by depositing material so as to elevate the grade.  Depositing of a total of more than 50 cubic yards of material per lot or parcel, either by hauling in or re-grading the area.
	LANDSCAPING.  Planting trees, shrubs, and turf covers such as grasses and shrubs.
	LICENSEE.  Any park operator licensed by the State of Minnesota to maintain and operate a manufactured home park.
	LIFT.  The mechanical system designed to elevate or lower someone or something up or down a topographical slope.
	LIGHT TRESPASS.  Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
	LOADING SPACE.  A space, accessible from a street, alley, or way, in or outside of a building, for the use of trucks while loading and unloading merchandise or materials.
	LOCAL ALARM.  An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of the structure.
	LODGING ROOM.  A room rented as sleeping and living quarters, but without cooking facilities.  In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as 1 lodging room.
	LOT.  A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
	LOT.  An area within a manufactured home park designed or used for the accommodation of a manufactured home.
	LOT, BUILDABLE.  A lot which meets or exceeds all requirements of the community land use and development ordinances without the necessity of variances.
	LOT, CORNER.  A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot at the point of a deflection in alignment of a single street, the interior angle or which does not exceed 135 degrees.
	LOT, CORNER.  A lot situated at the intersection of 2 streets, the interior angle of the intersection not exceeding 135 degrees.
	LOT, INTERIOR.  A lot other than a corner lot, including through lots.
	LOT, NON-RIPARIAN.  A separate parcel of land within a designated shoreland area but which does not have frontage along a lake or tributary stream.
	LOT, RIPARIAN.  A separate parcel of land within a designated shoreland area having frontage along a lake or tributary stream.
	LOT, THROUGH.  Any lot other than a corner lot which abuts more than 1 street.  On a THROUGH LOT, all the street lines shall be considered the front lines for applying this section.
	LOT AREA.  The minimum of a horizontal plane within the lot lines.
	LOT AREA MINIMUM PER FAMILY.  The minimum number of square feet or acres of lot area required per dwelling unit.
	LOT CONSOLIDATION.  The combining of 2 or more existing parcels into 1 parcel and recorded as 1 parcel with the County Recorder’s Office.
	LOT DEPTH.  The mean horizontal distance between the front and rear lines of a lot.
	LOT IMPROVEMENT.  Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment.
	LOT LINE.  A lot line is the property line bounding a lot except that where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of the public right-of-way shall be the lot line.
	LOT LINE, FRONT.  The boundary of a lot which abuts a public street. In the case of a corner lot, it shall be the shortest dimension of a public street.  If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner.  In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets.
	LOT LINE, REAR.  The boundary of a lot which is opposite to the front lot line.  If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
	LOT LINE, SIDE.  Any boundary of a lot which is not a front lot line or a rear lot line.
	LOT WIDTH.  The horizontal distance between the side lot lines of a lot measured at the setback line.
	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.
	LUMEN.  A unit of measurement of the light emitted from a source.
	LUMINAIRE.  The complete lighting system, including the lamp and the fixture.
	M.H.D.  The Minnesota Department of Health.
	M.P.C.A.  The Minnesota Pollution Control Agency.
	MANUFACTURED HOME.  A structure, not affixed to or a part of real estate, transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or when placed on a lot, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it.
	MANUFACTURED HOME.  A structure, transportable in 1 or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on side, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.  The term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under the M.S. Ch. 327.31, Subd. 3, as it may be amended from time to time.  No manufactured dwelling shall be moved into the city that does not meet the Manufactured Home Building Code as defined in M.S. Ch. 327.31, Subd. 3.  This does not include recreational vehicles as regulated in the zoning code.
	MANUFACTURED HOME LOT.  A parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
	MANUFACTURED HOME PARK.  Any site, lot, field, or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.
	MANUFACTURED HOME PARK.  Any site, lot, field, or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.  MANUFACTURED HOME PARK does not include facilities which are open daily during 3 or fewer seasons of the year.
	MANUFACTURING; GENERAL.  All manufacturing, compounding, processing, packaging, treatment, or assembly of goods or materials which involve a risk of offensive or dangerous noise, odor, or pollution beyond the lot on which the use is located.  Uses include, but are not limited to, the following:  sawmill, refineries, commercial feedlots, acid, cement, explosives, flour, feed, and grain milling or storage, meat packaging, slaughter houses, coal or tar asphalt distillation, rendering of fat, grease, lard, or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster of pans, tanneries, automobile parts, paper and paper products including storage, electric power generation facilities, vinegar works, junk yards, auto reduction yards, foundry, forge, casting of metal products, rock, stone, and cement products.
	MANUFACTURING; LIMITED.  All compounding, processing, packaging, treating, or assembling of goods and materials, provided the use will not constitute a nuisance because of offensive odors, glare, smoke, dust, noise, vibrations, or other pollution extending beyond the lot on which the use is located.  Uses include, but are not limited to, the following:  machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractor shops and storage yards, food and non-alcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, used auto parts, warehousing, and wholesale business.
	MANURE.  Any solid or liquid containing animal excreta.
	MAY.  The act referred to is permissive.
	MEDICAL USES.  Those uses concerned with the diagnosis, treatment, and care of human beings.  These include:  hospitals, dental services, medical services or clinic, nursing or convalescent home, orphan’s home, rest home, and sanitarium.
	MINING.  The excavation, removal, or storage of sand, gravel, rock, soil, clay, and other natural deposits within the city, except:
		(1)	For the purpose of the foundation, cellar, or basement of some pending structure, for which a permit has been issued, and which is to be erected immediately following the excavation, removal, or storage;
		(2)	For the purpose of construction of sewer lines, storm sewers, water mains, surface water drainage, agricultural or conservation purposes, and sod removal;
		(3)	For the moving of dirt for landscaping purposes on a lot used or to be used for residential purposes; or
		(4)	For the moving of dirt within the construction limits of a road project.
(1997 Code, § 900.02)
	MINING.  The extraction of sand, gravel, rock, soil, or other material from the land and the removal thereof from the site.  MINING shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats, or utility highway construction, minor agricultural, and sod removal.
	MODULAR OR PREFABRICATED HOME.  A non-mobile dwelling unit for year-round occupancy constructed or fabricated at a central factory and transported to a building site where final installations are made permanently affixing the dwelling to the site.  The dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of the Minnesota Building Code.
	MONOPOLE. A freestanding, self-supporting tower that uses a single pole, does not use a lattice design and has no guy wires.
	MONTH.  A calendar month.
	MOTOR COURTS, MOTOR HOTEL, or MOTEL.  A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.
	MOTOR FREIGHT TERMINAL.  A building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck.
	MOTORBOAT.  A watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.
	MOTTLING.  A zone of chemical oxidation and reduction activity within the soil, appearing as patches of red, brown, orange, or gray or combination of these colors.
	MOUND SYSTEM.  An alternative sewage treatment system designed with the soil treatment area built above existing grade to overcome the limitations of water table, bedrock, or soil permeability.
	MULTI-TENANT BUILDING.  A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached.
	MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4).  The  system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and that is not used for collecting or conveying sewage.
	MUNICIPAL URBAN SERVICE AREA.  An area guided for municipal sanitary sewer service.
	NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT.  A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
	NATURAL OUTLET.  Any outlet into a water course, pond, ditch, lake, or other body of surface or ground water.
	NATURAL SOIL.  Soil which exists undisturbed in its natural state; fill shall be considered as natural soil after it has been in place for a minimum of 12 months.
	NATURAL TERRAIN.  Areas other than roadways or driveways (private or public), parking lots, and other areas the surface of which has been intentionally modified for motor vehicle operation.
	NET DENSITY.  The number of housing units divided by the amount of net developable land.  Net developable land does not include water bodies (including wetlands and lakes, but not stormwater ponds), parks and open space (only if owned by the city and available for public use), arterial right-of-way, and other land reserved for future development or not developable according to city ordinances (i.e., steep slopes or conservation areas).
	NOISE; AMBIENT.  The all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from any sources near and far or a single predominate source.
	NON-AGRICULTURAL LOW IMPACT.  The outdoor storage of off-road mobile construction equipment of any weight; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmer’s markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses.
	NON-COMMERCIAL SPEECH.  A sign that contains a non-commercial message. Examples of non-commercial messages include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
	NON-CONTACT COOLING WATER.  Water discharged from uses such as air conditioning, cooling, or refrigeration, where the only pollutant added is heat.
	NONCONFORMITY; NONCONFORMING USE.  Any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of zoning regulations or amendments to the zoning regulations that would not have been permitted to become established under the terms of the zoning regulations as now written, if the zoning regulations had been in effect prior to the date it was established, recorded, or authorized.
	NON-STORM WATER DISCHARGE.  Any discharge to the storm drain system that is not composed entirely of storm water.
	NORMAL DOMESTIC STRENGTH WASTE WATER.  Wastes which are characterized by a per capita discharge of 75 gallons per day at a loading not greater than 250 mg/l B.O.D. and 300 mg/l total suspended solids.
	NOXIOUS MATTER.  Material which is capable of causing injury or is in any way harmful to living organisms or is capable of causing detrimental effect upon the physical or mental health of human beings.
	NURSING HOME.  A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder.  The nursing home shall be licensed by the state as provided by law.
	O.P. PERMIT(S).  Generally, all of the permits issued in connection with the city’s review and approval of a development within an O.P.
	OATH.  An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.  All terms shall mean a pledge taken by the person and administered by an individual authorized by state law.
	OBSTRUCTION (FLOOD PLAIN).  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, water course, 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 the water.
	OCCUPANT.  The person living in an individual home.
	OFF-SALE.  The sale of liquor in original packages in retail stores for consumption off or away from the premises where sold.
	OFFICE USE.  Those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired, including, but not limited to, banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting, and similar uses.
	OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT.  An officer, office, employee, commission, or department of this city unless the context clearly requires otherwise.
	OFFICIAL CONTROL.  Legislatively defined and enacted policies, standards, precise detailed maps, and other regulations and performance standards all of which control the physical development of the city or any part of the city, for the purpose of accomplishing the general objectives of the comprehensive plan.  The official controls may include, but are not limited to, ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps.
	OFFICIAL MAP.  A map adopted in accordance with the provisions of M.S. § 462.359, as it may be amended from time to time.
	ON-SALE.  The sale of liquor by the glass for consumption on the premises only.
	OPEN BOTTLE.  Any container, bottle, or other receptacle for liquor in which the cork, bottle cap, lid, or other sealing device is not in place and in a closed position.
	OPEN DOOR.  Anytime an officer or citizen discovers a door or window, which is not properly secured, in a location which is protected by an alarm; and/or, anytime an officer responds to an alarm and discovers a door or window which is not properly secured.
	OPEN FIRE OR OPEN BURNING.  A fire burning in a manner, whether concentrated or disbursed, which is not contained within a fully enclosed firebox, structure, or vehicle and from which the products of combustion are emitted directly to the open atmosphere without passing through stack, duct, or chimney.
	OPEN SALES LOTS.  Lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building.
	OPEN SPACE.  A tract of land used for agricultural, natural habitat, walkways (sidewalks) and pathways, and/or neighborhood recreational purposes.
	OPEN STORAGE.  Storage of any material outside of a building.
	OPERATE (SNOWMOBILE AND RECREATIONAL VEHICLES).  To ride in or on and control the operation of a snowmobile or A.T.V.
	OPERATION AND MAINTENANCE COSTS (SEWER SYSTEMS).  Expenditures for the waste water treatment facilities to provide the performance for which the facilities were constructed; the term operation and maintenance includes replacement.
	OPERATOR (SNOWMOBILE AND RECREATIONAL VEHICLES).  Every person who operates or is in actual physical control of a snowmobile or A.T.V.
	ORDINARY HIGH WATER MARK OR ELEVATION (O.H.W.).  The boundary of public waters and wetlands, and shall be 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 water courses, 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.
	OTHER ESTABLISHMENT (SEWER SYSTEMS).  Any public or private structure other than a dwelling, which generates sewage.
	OUTLOT.  A lot remnant or irregular parcel of land included in a plat, which may be used as open space; the outlot may be a large tract that could be subdivided in the future or may be too small to comply with the minimum size requirements of city zoning and subdivision ordinances and not usable as a building site.
	OWNER.  Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.
	OWNER.  Includes all persons interested in the property as fee simple owner, life estate holder, encumbrancer, or otherwise.
	PACKAGE OR ORIGINAL PACKAGE.  Includes any container or receptacle holding liquor, which container or receptacle is corked or sealed.
	PADDLE BOAT.  A non-motorized watercraft 19 feet in length or less that is propelled solely by a paddle wheel peddled by an operator or passenger.
	PARK (MANUFACTURED HOME).  Any site, lot, field, or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.
	PARK AND RIDE.  Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
	PARK CLOSING.  The conversion of all or a portion of the occupied lots of a manufactured home park to another use or the termination of use of the manufactured home park.
	PARK OPERATOR.  The person who owns, maintains, or operates a manufactured home park properly licensed under state law.
	PARK OWNER.  The owner of a manufactured home park.
	PARK RESIDENT.  An owner of a manufactured home located on a lot in a manufactured home park within the city who rents the lot and occupies the manufactured home as a principal residence.
	PARKING SPACE.  A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size, to store 1 standard automobile, 10 feet by 20 feet.
	PARKS and PLAYGROUNDS.  Public land and open spaces in the city dedicated or reserved for recreation purposes.
	PEDESTRIAN WAY.  A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines.
	PERCENTAGE OF GRADE.  The slope of a surface, such as a vertical rise or fall expressed as a percentage of the horizontal distance.
	PERCOLATION RATE.  The calculated time rate of drop of a water level in a test hole as specified in the sewer regulations.
	PERFORMANCE STANDARDS.  The minimum development standards as adopted by the governing body and on file in the office of the Building Official.
	PERMANENT OUTDOOR LUMINAIRE.  Any luminaire or system of luminaries that is outdoors and that is intended to be used for 7 days or longer.
	PERSON.  Any natural individual, firm, partnership, association, or corporation.  As applied to partnerships or associations, the term includes the partners or members; as applied to corporations, the term includes the officers, agents, or employees.
	PERSON.  Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee, or receiver.  Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
	PERSON; FIRM; CORPORATION; ASSOCIATION.  Any person, firm, corporation, or association which owns any coin-operated machine.  The person, firm, corporation, or association in whose place of business any coin-operated machine is placed for use by the public.  The person, firm, corporation, or association having control over the machine.  The payment of the fee by any person, firm, corporation, or association enumerated in §§ 110.20 et seq. shall be deemed a compliance with §§ 110.20 et seq.
(1997 Code, § 1105.01)
	pH.  The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
	PLACE OF WORSHIP.  A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
	PLANNER.  The City Planner.
	PLANNING AGENCY.  A Planning Commission or department, however created, or the office of a planning or zoning director or inspector or the office of any official designated as the planning or zoning director or inspector, together with any staff members, employees, or consultants of the commission, department, director, inspector, or official, and the Board of Adjustment and Appeals and its employees or staff.
	PLANNING COMMISSION.  The duly appointed Planning Commission of the City.
	PLASTIC LIMIT.  A soil moisture content, below which the soil may be manipulated for the purpose of installing a soil treatment system.
	POLLUTANT.  Anything which causes or contributes to pollution.  POLLUTANTS may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables: pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
	PORCH.  A covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes.
	POTENTIALLY DANGEROUS DOG.  Any dog that:
		(1)	When unprovoked, inflicts bites on a human or domestic animal on public or private property;
		(2)	When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or
		(3)	Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
	PRACTICAL DIFFICULTIES.  As used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control.
	PRECEDING or FOLLOWING.  Next before or next after, respectively.
	PRELIMINARY PLAT.  A tentative drawing or map of a proposed subdivision meeting requirements enumerated in the subdivision regulations.
	PRESCHOOL.  A licensed facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. Does not include school-aged child care.
	PRIMARY CONSERVATION AREA.  Wetlands, hydric soils, restrictive soils, shorelands, and steep slopes which shall be preserved.
	PRINCIPAL STRUCTURE OR USE.  Is 1 which determines the predominant use as contrasted to accessory use or structure.
	PRIVATE OPEN SPACE.  Open space owned by a private legal entity.
	PROPER ENCLOSURE.  Securely confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog.  A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting.
	PROTECTIVE OR RESTRICTIVE COVENANTS.  Declarations made by an owner or contracts made between owners as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area.
	PUBLIC IMPROVEMENT.  Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvements, or other improvements for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
	PUBLIC LAND.  Land owned or operated by a municipality, school district, county, state, or other governmental unit.
	PUBLIC PARKS or PARK.  Real property owned by the city devoted to recreational use.
(1997 Code, § 1355.01)
	PUBLIC PLACE.  Any park, street, sidewalk, athletic field, or building which is maintained and controlled by the city and subject to use by the public at large.
	PUBLIC WATERS.  Any waters as defined in M.S. § 105.37, Subd. 14 and 15, as they may be amended from time to time.
	RACE TRACK.  Any area where 2 or more power-driven vehicles or animals are raced for profit or pleasure.
	REACH (FLOOD PLAIN).  A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction.  In an urban area, the segment of a stream or river between 2 consecutive bridge crossing would most typically constitute a reach.
	RECORDING STUDIO.  The premises owned or leased by a production organization for the purpose of recording sound and/or video.  Recording shall mean capturing the original “live” performance of musicians and/or actors onto disc, tape, solid state device, or whatever medium is dictated by the state of the art.  The function of a recording studio shall also include post-production in which sound and/or pictures are combined/edited and processed into a final form for broadcast, compact disc, or whatever media is currently in vogue.
	RECREATION EQUIPMENT.  Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, play houses exceeding 25 square feet in floor area, or sheds utilized for storage of equipment.
	RECREATION VEHICLE PARKS.  A park, court, camp site, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined in this section, and upon which the recreation vehicles are parked.  The term RECREATION VEHICLE PARK shall include all buildings used or intended for use as part of the equipment of the park, whether a charge is made for the use of the park and its facilities or not.
	RECREATIONAL FIRE.  A fire set for cooking, warming, recreational, or ceremonial purposes which does not exceed 3 feet "square" and 3 feet in height, and has had the ground 5 feet from the base of the fire cleared of all combustible material.
(1997 Code, § 810.02)
	RECREATIONAL FIRE.  Fires which do not exceed 4 feet in diameter, and 3 feet in height.  Fires which exceed this size must have a permit.
	RECREATIONAL VEHICLE.  A vehicle that is built on a single chassis, is 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 as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of the floodplain management regulations, the term RECREATIONAL VEHICLE shall be synonymous with the term travel trailer/travel vehicle.
	RECYCLABLE MATERIALS.  Items of refuse which are part of any authorized recycling program and which are intended for transportation, processing, and manufacturing or reuse, including, but not limited to: paper, glass, aluminum and other metal cans and containers, corrugated cardboard, magazines, and certain types of plastics.
	REFUSE COLLECTION SERVICE.  A private operation engaged in solid waste collection and solid waste transportation.
	REFUSE.  Putrescible and non-putrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, and incinerator residue.
	REGIONAL FLOOD.  A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic or 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.
	REGISTERED OWNER OF MOTOR VEHICLE.  The owner and address as shown on the records of the office of motor vehicle registration of the Minnesota Highway Department.
	REGULATORY FLOOD PROTECTION ELEVATION.  An elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
	RELOCATION COSTS.  The reasonable cost of relocating a manufactured home from a manufactured home park in the city to another manufactured home park within a 25 mile radius; the cost includes expenses incurred in the following categories.
		(1)	Preparation for move.  Reasonable costs incurred to prepare the manufactured home for transportation to another site.  This category does include crane services but not the cost of wheel axles, tires, frame welding, or trailer hitches.
		(2)	Transportation to another site.  Reasonable costs incurred to transport the manufactured home to another manufactured home park within a 25 mile radius.  This category includes the cost of insuring the manufactured home for its replacement value while the manufactured home is in the process of being relocated and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit.  This category does not include the cost of moving personal property.
		(3)	Hookup at new location.  The reasonable cost of connecting the manufactured home to utilities at the relocation site provided that this category does include crane services.  The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home.
(1997 Code, § 550.02)
	REPLACEMENT COSTS (SEWER SYSTEMS).  Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the waste water treatment facilities to maintain the capacity and performance for which the facilities were designed and constructed.
	RESEARCH.  Medical, chemical, electrical, metallurgical, or other scientific research and quality control, conducted in accordance with the provisions of this section.
	RESIDENTIAL USER (SEWER SYSTEMS).  Those users which are connected to the public waste water collection system as distinct from industrial, commercial, institutional, and governmental users.
	RESORT.  Any structure or group of structures containing more than 2 dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purpose of the structure or structures being recreational in nature.  Uses may include a grocery for guests only, fish cleaning house, marine service, boat landing and rental, recreational area and equipment, and similar uses normally associated with a resort operation.
	RESTAURANTS.
		(1)	Any establishment, other than a hotel, having appropriate facilities for the serving of meals to not less than 30 guests at 1 time.
		(2)	To qualify as a RESTAURANT, the establishment shall meet all of the following conditions.
			(a)	Meals shall be regularly furnished at tables to the general public, in consideration of payment.
			(b)	An adequate staff shall be employed to provide the usual and suitable services to its guests.
			(c)	The principal part of its business shall be the serving of food.
			(d)	It shall be under the control of a single proprietor or manager.
			(e)	The ground floor of the establishment must comprise an area of not less than 2,000 square feet of usable floor space, which area may include the back bar area in addition to the area used for dining and drinking, but shall exclude the kitchen and storage areas.
	RUBBISH.  Non-putrescible solid wastes, including ashes, consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, fallen leaves, tree trimmings, parts of dead trees, wood, glass, bedding, crockery, or litter of any kind.
	RUNWAY INSTRUMENT.  A runway equipped with an navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.
	RUNWAY.  A surface of an airport landing strip.
	RURAL HAMLET.  A group of 5 to 25 housing units located in a contiguous group, with adjacent and fronting lots oriented towards each other in some geometric way as on a street or a village green or square, and forming a distinct boundary with the countryside.
	SAFETY THROTTLE (DEADMAN THROTTLE).  A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.
	SAILBOARD.  A single passenger, non-motorized watercraft using a surfboard-type hull and a free sail system which, without capsizing, allows the sail to lie flat in the water when not supported by the operator.
	SALE or SELL (INTOXICATING LIQUOR).  To directly or indirectly, by any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction.
	SALOON.  An establishment, such as a bar or a lounge, which sells 3.2% malt liquor on sale at retail and which may also sell cigars, cigarettes, all forms of tobacco, beverages, and soft drinks.
	SAND.  A soil texture composed by weight of at least 85% of soil particles ranging in size between 0.05 and 2.0 mm.
	SANITARY SEWER.  A sewer which carries sewage and to which storm, surface, and ground water are not intentionally discharged.
	SANITARY WASTE.  The liquid and water-carried wastes discharged from sanitary plumbing facilities.
	SATELLITE DISH OR SATELLITE EARTH STATION ANTENNA. A round, conical, or cone-shaped device more than 18 inches in diameter and placed outdoors on the ground or on a structure and used to transmit and/or receive radio or electromagnetic waves.
	SCAVENGING.  The unauthorized collection of recyclable materials that have been specifically set out by residents of the city for the purpose of participating in curbside recycling programs.
	SCHOOLS, PUBLIC AND PRIVATE.  Establishments at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime schools, boarding schools, and military academies. Exemptions: 
		(1)	Preschools are classified as day care facilities; and
		(2)	Business schools and professional private trade schools.
	SCREENING.  Fences at least 5 feet high or earthen berms at least 3 feet high with compact evergreen or deciduous hedges which extend at least 3 feet beyond the object to be screened, or vegetative or landscaping materials sufficient to provide a complete screen to the same height, to block direct visual access.
(1997 Code, § 1345.02)
	SCREENING.  Includes earth mounds, berms, or ground forms, fences, and walls; landscaping (plant materials) or landscaped fixtures (such as timbers); used in combination or singularly, so as to block direct visual access to an object.
	SECOND CONSERVATION AREA.  Woodlands, meadows, viewsheds/corridors, and historic structures.
	SEEPAGE PIT (LEACHING PIT OR DRY WELL).  A lined underground pit into which sewage tank effluent or other liquid waste is discharged and from which seepage into the soil occurs through the bottom and sidewall openings.
	SENIOR HOUSING.  See ELDERLY HOUSING.
	SEPTAGE.  Those accumulated solids and liquids removed from a sewage tank or holding tank during regular periods of maintenance.
	SEPTIC TANK.  A sound, durable, watertight sewage tank designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquids, digest organic matter, and store liquids through a period of detention.
	SETBACK.  The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.  Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level.
	SEWAGE.  Any water carrying domestic water, exclusive of footing and roof drainage, from any dwelling, industrial, agricultural, commercial establishment, or other structure.  Domestic waste includes but is not limited to liquid waste produced by bathing, laundry, and culinary operations, and liquid waste from toilets and floor drains, and specifically excludes animal waste and commercial process waste.
	SEWAGE FLOW RATE.  Flow rates as determined by actual metered water use or as estimated on the basis of use and occupancy.
	SEWAGE TANK.  A watertight tank used for the retention of sewage.  Includes, but is not limited to, septic tanks, holding tanks, and dumping chambers.
	SEWAGE TANK EFFLUENT.  The liquid which flows from a septic tank under normal operations.
	SEWAGE TREATMENT SYSTEM.  A septic tank and soil absorption system or other individual or cluster type sewage treatment system.
	SEWER SYSTEM.
	SHALL.  The act referred to is mandatory.
	SHOPPING CENTER.  Any grouping of 2 or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership.
	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 50% of the structure setback.
	SHORELAND.  Land located within the following distances from public waters:  1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet from a river or stream, or the landward extend of a flood plain 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 which extend landward from the waters for lesser distances and when approved by the Commissioner.
	SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write.
	SITE, PREVIOUSLY DEVELOPED.  A lot or parcel upon which a dwelling or other establishment is in existence as of the enactment of the ordinance.
	SITE, SOIL TREATMENT.  The area bounded by the dimension required for the proper location of a soil treatment system.
	SLOPE.  The ratio of vertical rise or fall to horizontal distance.
	SLOW NO-WAKE.  Operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than 5 mph.
	SLUG.  Any discharge of water, waste water, or industrial waste which in concentration of any given constituent, or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24-hour concentration of flow during normal operation.
	SMALL ENGINE REPAIR.  The tune-up, winterizing, rebuilding, and general repair of internal combustion engines of 24 rated horsepower or less; together with repairs and replacement of mechanical components of the machines or tools powered by the engines.  Including, but not limited to lawn mowers, snow blowers, garden tillers, chain saws, and pumps.  Specifically excluding snowmobiles, A.T.V.s, motorcycles, and personal watercraft.  Retail or wholesale sales of any product are specifically excluded.
	SNOWFALL.
		(1)	A ground accumulation of snow 2 inches or more within a 24-hour period.
		(2)	The 24-hour period shall be counted back from 8:00 a.m. of the day in determining whether there is an accumulation of 2 inches.
	SNOWMOBILE.  A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners.
	SOIL CHARACTERISTICS, LIMITING.  Those soil characteristics which preclude the installation of a standard system, including but not limited to proximity to bedrock or water table, and percolation rates which are excessively fast or excessively slow.
	SOIL MODIFICATION.  The alteration of natural soil conditions by means including but not limited to placement of fill, removal of soil, or alteration of topography.
	SOIL SURVEY.  The U.S. Department of Agriculture, Soil Conservation Service, Soil Survey of Washington County, 1977.
	SOIL TEXTURAL CLASSIFICATION.  Where soil particle sizes or textures are specified in this code, they refer to the soil textural classification found in the Soil Survey Manual, Handbook No. 18, U.S. Department of Agriculture, 1951.
	SOIL TREATMENT AREA.  The area of trench of bed bottom which is in direct contact with the filter material of the soil treatment system.
	SOIL TREATMENT SYSTEM.  A system whereby sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil.
	SOLID WASTE.  Garbage, refuse, and other discarded solid materials, except animal waste used as fertilizer, including solid waste materials resulting from industrial, commercial, and agricultural operations; solid waste does not include earthen fill, boulders, rock, and other materials normally handled in construction operations.
	SOLID WASTE COLLECTION.  The gathering of solid waste from public or private places.
	SOLID WASTE TRANSPORTATION.  Conveyance of solid waste from 1 place to another, by means of vehicle, rail car, water vessel, conveyor, or other means.
	STABLE, PRIVATE.  The keeping, breeding, raising, and uses of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the primary objective.
	STANDARD SYSTEM.  An individual sewage treatment system employing a building sewer, sewage tank, and the soil treatment system commonly known as a dram field or leach field.
	STATE.  The State of Minnesota.
	STATE DISPOSAL SYSTEM (S.D.S.) PERMIT.  Any permit including any terms, conditions, and requirements of the permit issued by the M.P.C.A. pursuant to M.S. § 115.07, as it may be amended from time to time, for a disposal system as defined by M.S. § 115.01, Subd. 5, as it may be amended from time to time.
	STATE FUNDS.  Any bond revenues or any money appropriated or allocated by the legislature.
	STEEP SLOPE.
		(1)	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 section.
		(2)	Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
	STOCK IN TRADE. Any equipment, merchandise, or materials necessary to or used in a trade or business.
	STORM DRAINAGE SYSTEM.  Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
	STORM SEWER or STORM DRAIN.  A drain or sewer intended to carry storm waters, surface runoff, ground water, subsurface water, street wash water, drainage, and unpolluted water from any source.
	STORM WATER.  Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
	STORM WATER MANAGEMENT PLAN.  A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
	STORY.  The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, 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, cellar, or unused under-floor space is more than 6 feet above grade as defined in this section for more than 50% of the total perimeter or is more than 12 feet above grade as defined in this section at any point, the basement, cellar, or unused under-floor space shall be considered as a story.
	STREET.  A public right-of-way affording primary access by pedestrian or vehicles or both, to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard.  “Public” in the subdivision regulations means that the right-of-way has been dedicated to public use for street purpose and has been accepted for maintenance by the city.  Whenever the word STREET is used, it shall mean a public street unless the context indicates a different meaning.
	STREET, ARTERIAL.  Those streets carrying larger volumes of traffic and serving as links between various communities of the area.  ARTERIAL STREETS are intended to provide for collection and distribution of traffic between highways and collector streets.
	STREET, COLLECTOR.  Those streets which carry traffic from local streets to the major system or arterials and highways.  COLLECTOR STREETS primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access.
	STREET, CUL-DE-SAC.  A local street with only 1 outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
	STREET, LOCAL.  Those streets which are used primarily for access to abutting properties and for local traffic movement.
	STREET, MAJOR OR THOROUGHFARE.  A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
	STREET, MARGINAL ACCESS.  Those local streets which are parallel and adjacent to thoroughfares and highways, which provide access to abutting properties and protection from through traffic.
	STREET, MINOR.  A street intended to serve primarily as an access to abutting properties.
	STREET, PAVEMENT.  The wearing or exposed surface of the roadway used by vehicular traffic.
	STREET, WIDTH.  The width of the right-of-way, measured at right angles to the centerline of the street.
	STRUCTURAL ALTERATION.  Any change, other than incidental repairs, which would affect the supporting member of a building, such as bearing walls, columns, beams, girders, or foundations.
	STRUCTURE.  Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreation vehicles not meeting the exemption criteria specified in § 152.09(C)(1) of the floodplain management regulations, and other similar items.
	SUBCHAPTER.  A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading.  Not all chapters have subchapters.
	SUBDIVISION.  A described tract of land which is to be or has been divided into 2 or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes.  The term includes resubdivision and, where it is appropriate to the context, relates either to the process of subdividing, to the land subdivided, or to the development for which it is being subdivided.
	SUBSTANDARD BUILDING.  Any building or structure lawfully existing on the effective date of this code or any amendment to this code which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this code or the amendment.
	SUBSTANDARD STRUCTURE.  See SUBSTANDARD BUILDING above.
	SUBSTANTIAL BODILY HARM.  Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
(1997 Code, § 1320.23)
	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 50% 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 50% 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 the floodplain management regulations, historic structure shall be as defined in 44 Code of Federal Regulations, Part 59.1.
	SUPPER CLUB.  A building with facilities for the serving of meals and where meals are regularly served at tables to the general public.  The building must be of sufficient size and design to permit the serving of meals to not less than 50 guests at 1 time.  Intoxicating liquors may be sold on-sale and live entertainment and/or dancing shall be permitted.
	SURFACE WATER FLOODING.  The 100-year flood plain along rivers and streams as defined by the D.N.R., or in the absence of the data, as determined by the largest flood or record; on lakes, high water levels as determined or recorded by the D.N.R., or, in the case of no D.N.R. record, by local records of information.
	SURFACE WATER MANAGEMENT FEE.  The yearly charge developed for each parcel of land.
	SUSPENDED SOLIDS (S.S.).  Solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering in accordance with the latest edition of Standard Methods for the Elimination of Water and Waste Water.
	SWIMMING POOL.  Any permanently located pool, used for swimming and/or bathing which is over 24 inches in depth, or which as a surface area exceeding 150 square feet.
	SWIMMING POOL, PRIVATE OR RESIDENTIAL.  Any pool which is used, or intended to be used, as a swimming pool in connection with a single-family residence, and which is available only to the family of the household and private guests.
	SWIMMING POOL, PUBLIC OR SEMI-PUBLIC.  Any swimming pool other than a private swimming pool.
	TAVERN.  An establishment for the retail on-sale of 3.2% malt liquors, and which in addition, provides dancing, singing, or vaudeville performances or entertainment for its guests, or provides for them the privilege of dancing.
	TERMINAL, BUS/TRUCK.  An area and building were buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.
	THERAPEUTIC MASSAGE.  The process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health, and well being of the client.  The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body.  Adjunctive therapies may include:  application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs; the use of mechanical devices and tools which mimic or enhance manual actions; and instructed self-care and management.  Massage therapy shall not include techniques traditionally practiced by chiropractors.  THERAPEUTIC MASSAGE shall be performed only by a person who has provided the city with proof of professional liability insurance and/or national certification.
	TOE OF THE BLUFF.  The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above.  If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.
	TOILET WASTE.  Fecal matter, urine, toilet paper, and any water used for flushing.
	TOP OF THE BLUFF.  The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above.  If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.
	TOWER ACCESSORY EQUIPMENT.  A structure located at the base of a tower housing radio receiving/transmitting equipment and other associated electronic equipment necessary for a communications facility.
	TOWER HEIGHT. The vertical distance from the average grade at the base of a tower to the highest point of a tower or to the highest point of the highest wireless communications facilities on a tower, whichever is higher.
	TOWNHOUSE.  A grouping of 3 or more attached, single-family dwellings in which each unit has its own front and rear access to the outsides; no unit is located over any other unit; and each unit is separated from any other unit by 1 or more common walls.
	TOXIC POLLUTANT.  The concentration of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects as defined in standards issued pursuant to § 307(a) of the Clean Water Act of 1977, as it may be amended from time to time.
	TRAILS.  Areas constructed within the city for a designated use, such as walking, non-motorized biking, rollerblading, skateboarding, equestrian trails, if appropriate.
	TRANSPORTATION TERMINAL.  Truck, taxi, air, bus, train, and mass transit terminal and storage area, including motor freight (solid and liquid) terminal.
	TREE.  A wood plant reaching 30 feet or more in height at maturity.
	TRUCK STOP.  A motor fuel station devoted principally to the needs of tractor-trailer units and trucks, and which may include eating and/or sleeping facilities.
	UNIFIED RESIDENTIAL AREA.  A residential grouping of lots that share a plat name over one or more additions.
	USE, ACCESSORY.  A use subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use.
	USE, NONCONFORMING.  See zoning code.
	USE, OPEN.  The use of land without a building or including a building incidental to open use.
	USE, PRINCIPAL.  See “principal.”
	USE, SUBSTANDARD.  See zoning code.
	USER CHARGE (SEWER SYSTEMS).  A charge levied on users of a treatment works, for the user’s proportionate share of the cost of operation and maintenance (including replacement) of the treatment works.
	USER CHARGE SYSTEM (SEWER SYSTEMS).  A system based on estimated use of waste water treatment services where each user (or user class) pays its proportionate share of operation and maintenance (including replacement) costs of treatment works within the grantee’s service area, based on the user’s proportionate contribution to the total waste water loading from all user’s (or user class), the user’s contribution shall be based on factors such as strength, volume, and delivery flow rate characteristics.
	USERS (SEWER SYSTEMS).  Those residential, commercial, institutional, industrial, and governmental establishments which are connected to the public sewer collection system.
	UTILITY FACTOR.  The amount of runoff per acre of land, per parcel for a particular land use divided by the amount of runoff from a 1.5 acre residential lot.
	UTILITY POLE. A structure which is owned by a governmental agency or utility company and which is used to support illumination devices or lines and other equipment carrying electricity or communications.
	VALVE BOX.  Any device which can stop sewage tank effluent from flowing to a portion of the soil treatment system.
	VARDA.  A portable self-contained alarm system which is installed by Washington County Sheriffs Office with the sole purpose of detecting a possible break-in.
	VARIANCE.  A modification of a specific permitted development standard required to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship as defined in the zoning code.  Economic considerations alone shall not constitute a hardship.
	VEHICLE REPAIR.  General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.
	VETERINARY.  Those uses concerned with the diagnosis, treatment, and medical care of animals, including animal or pet hospitals.
	VILLAGE GREEN.  An open space area surrounded by homes and designed as a central gathering area or park for residents of the neighborhood and/or residents of the community.
	VISIBLE TRIANGLE.  The area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet.
	WAREHOUSING.  The storage, packing, and crating of materials or equipment within an enclosed building or structure.
	WARNING NOTICE.  A notification provided to the owner or person in charge of an alarm site by the Washington County Sheriffs Office for false alarms due to system malfunction or when no reason can be determined for the false alarm.  The warning notice will require that the alarm system be inspected and/or serviced within 5 working days with written documentation submitted to the City of Lake Elmo that the system is in working order.
(1997 Code, § 1395.02)
	WASTEWATER.  Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
	WASTE WATER SERVICE CHARGE (SEWER SYSTEMS).  The total of the charges for operation and maintenance, and replacement.
	WASTE WATER TREATMENT FACILITIES.  An arrangement of devices and structures used for treating waste waters which have been constructed with state and federal grants.
	WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY.  A small, above-ground 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 the structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.
	WATER TABLE.  The highest elevation in the soil where all voids are filled with water, as evidenced by soil mottling, the presence of water, or other information.
	WATERCRAFT.  Any motorboat, paddle boat, personal watercraft, sailboard, or any other contrivance used or designed for navigation on water except:
		(1)	Duck boats during the hunting season;
		(2)	A rice boat during the harvest season; and/or
		(3)	A seaplane.
	WATERCRAFT, PERSONAL.  A boat that:
		(1)	Is powered by an inboard motor powering a water jet pump or by an outboard or propeller-driver motor; and/or
		(2)	Is designed to be operated by a person or persons sitting, standing, or kneeling on the craft, rather than in the conventional manner of sitting or standing inside a motorboat.
	WATERFRONT USE (RESIDENTIAL).  Boat docks and storage, fish house, fish cleaning, water recreation, equipment, and other uses normally incidental to a lakeshore residence provided the uses are for the exclusive use of the occupants and nonpaying guest.
	WATERTIGHT.  Constructed and maintained to prevent inflow of water or outflow of effluent.
	WAYSIDE STAND.  A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the WAYSIDE STAND, which is clearly a secondary use of the premises and does not change the character thereof.
	WEAPON.  Any gun, pistol, revolver, sling shot, shotgun, sand club, metal knuckles, daggers, dirk, bowie knife, razor, air rifle, air gun, B-B gun, spring gun, bow and arrow, switch blade, firearm, or any similar device for the propulsion of shot or other metal pellet by whatever means, and any other dangerous or deadly weapon or instrument.
	WEDDING CEREMONY. The formal activities and observations during which people are united in marriage. A wedding ceremony typically involves an exchange of vows, presentation of a gift, and a public proclamation of marriage by an authority figure or leader. Music, poetry, or readings from religious texts or literature are also commonly incorporated into the ceremony.
	WEDDING RECEPTION. A wedding reception is a party held after the completion of a marriage ceremony. It is held usually as hospitality for those who have attended the wedding and typically occurs in a different venue than the wedding itself.
	WETLAND.  A surface water feature classified as a wetland under current state and federal law.  Wetlands are low areas permanently or seasonally covered with shallow water, referred to generally as marshes, swamps, bogs, wet meadows, sloughs or intermittent lakes.
	WHOLESALING.  The selling of goods, equipment, and materials by bulk to another person who in turn sells the same to customers.
	WIND GENERATOR.  A machine which generates power from the wind and is extended from a horizontal shaft.
	WINE.  The beverage made from condensed grape must or from other agricultural products other than sound, ripe grapes; imitation wine; compounds sold as wine; vermouth; cider; perry and sake; in each instance containing not less than 7% nor more than 24% alcohol by volume.
	WIRELESS COMMUNICATION FACILITY.  Cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure but not including a satellite earth station antenna (satellite dish) 7 feet or less in diameter.
	WIRELESS COMMUNICATIONS TOWER. A self-supporting monopole, poles, or lattice structure constructed at normal grade and extending into the air at least 20 feet and used to support wireless communications facilities.
	WRITTEN.  Any representation of words, letters, or figures, whether by printing or otherwise.
	YARD.  The open space on an occupied lot which is not covered by any structure.
	YARD, FRONT.  A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest building line.
	YARD, REAR.  A yard extending across the rear of the lot between the inner side yard lines and lying between the rear line of the lot and the nearest building line.
	YARD, REQUIRED.  A yard area which may not be built on or covered by structures because of the dimensional setbacks for the structures within the zoning district.
	YARD, SIDE.  A yard between the sideline of the lot and the nearest building line.
	YARD WASTE.  Uncontaminated leaves and grass clippings uncontaminated with foreign objects, such as tree trimmings or brush.
	YEAR.  A calendar year, unless otherwise expressed.
	YEARLY SURFACE WATER MANAGEMENT REVENUE.  The estimated yearly expenditures for planning and inventories, capital expenditures, personnel and equipment, and operation of the surface water utility, in accordance with established city policy.  The surface water management revenue and resulting surface water management fees shall be reviewed yearly by the City Council.
	ZONING DISTRICT.  An area or areas within the city in which the regulations and requirements of this section are uniform.
(1997 Code, § 150)  (Am. Ord. 97-17, passed 9-16-1997; Am. Ord. 97-24, passed 1-21-1998; Am. Ord. 97-30, passed 5-20-1998; Am. Ord. passed 2-15-2000; Am. Ord. 9757, passed 7-18-2000; Am. Ord. 9759, passed 8-15-2000; Am. Ord. 9761, passed 9-5-2000; Am. Ord. 97-72, passed - -; Am. Ord. 97-80, passed 5-5-2001; Am. Ord. 97-87, passed 10-2-2001; Am. Ord. 97-89, passed 11-20-2001; Am. Ord. 97-90, passed 10-2-2001; Am. Ord. 97-103, passed 3-19-2002; Am. Ord. 97-106, passed 4-26-2002; Am. Ord. 97-116, passed 4-1-2003; Am. Ord. 97-122, passed 7-15-2003; Am. Ord. 97-134, passed 7-6-2004; Am. Ord. 91-137, passed 8-4-2004; Am. Ord. 97-139, passed 9-7-2004; Am. Ord. 97-140, passed 9-7-2004; Am. Ord. 97-164, passed 12-20-2006; Am. Ord. 97-169, passed 5-2-2006; Am. Ord. 97-186, passed 11-8-2006; Am. Ord. 97-199, passed 11-5-2007; Am. Ord. 08-006, passed 6-17-2008; Am. Ord. 08-007, passed 6-17-2008; Am. Ord. 08-007.1, passed 6-17-2008; Am. Ord. 08-008, passed 8-19-2008; Am. Ord. 08-010, passed 11-18-2008; Am. Ord. 08-015, passed 7-21-2009; Am. Ord. 08-017, passed 10-6-2009; Am. Ord. 08-019,  passed 11-4-2009; Am. Ord. 08-023, passed 1-26-2010; Am. Ord. 08-025, passed 6-1-2010; Am. Ord. 08-026, passed 7-6-2010; Am. Ord. 08-031-A, passed 10-5-2010; Am. Ord. 08-032, passed 10-19-2010; Am. Ord. 08-040, passed 4-19-2011; Am. Ord. 08-042, passed 5-3-2011; Am. Ord. 08-047, passed 7-5-2011; Am. Ord. 2012-59, passed 6-5-2012; Am. Ord. 08-082, passed 6-18-2013; Am. Ord. 08-107, passed 5-6-2014; Am. Ord. 08-108, passed 6-17-2014; Am. Ord. 08-110, passed 5-20-2014; Am. Ord. 08-135, passed 4-27-2016)
§ 11.02  FEES.
	(A)	Fees; generally.  The fee for any license, permit, or application required under this code will be set from time to time by ordinance of the City Council and will be attached hereto as Appendix A.  This amount will be paid by the applicant at the time the application is submitted to the Clerk.  All fees paid are non-refundable.  Rejection of the application by the City Council will not entitle the applicant to a refund of all or any part of the fee.
(1997 Code, § 105.01)
	(B)	Surcharge.  In addition to the permit fees required, the applicant shall pay a surcharge to the Minnesota Department of Administration as prescribed by M.S. § 16B.70, as it may be amended from time to time.
(1997 Code, § 105.03)
	(C)	Animal license fees.
		(1)	Dog license;
		(2)	Dog impound;
		(3)	Cat impound;
		(4)	Additional fee for each repeated impounding within 1 year; and
		(5)	Duplicate license certificate or tag.
(1997 Code, § 105.04)
	(D)	Liquor license; intoxicating and 3.2% malt liquor.  Any application to the city for an intoxicating liquor license or 3.2% malt liquor license must be accompanied by an application fee.  The amount of the fee will be set from time to time by resolution of the Council.  Fees will be reviewed by the Council on a yearly basis and may be revised.  Rejection of the application by the Council will not entitle the applicant to a refund of all or any part of the fee.
		(1)	Club on-sale intoxicating;
		(2)	Off-sale intoxicating;
		(3)	Off-sale 3.2% malt liquor;
		(4)	On-sale intoxicating;
		(5)	On-sale investigation;
		(6)	On-sale 3.2% malt liquor;
		(7)	On-sale Sunday intoxicating;
		(8)	Temporary 3.2% malt liquor; and
		(9)	Wine license.
(1997 Code, § 105.05)
	(E)	Zoning and platting.  Any application to the city for the subdivision or platting of land must be accompanied by an application fee. The fee will be set from time to time by resolution of the Council.  Fees will be reviewed by the Council on a yearly basis and may be revised.  Rejection of the application by the Council will not entitle the applicant to a refund of all or any part of the fee.
		(1)	Comprehensive Plan amendments;
		(2)	Conditional use permit (new or amended);
		(3)	Manufactured home parks;
		(4)	Mining permit:
			(a)	Bond; and
			(b)	Inspection fee.
		(5)	Minor subdivision - park dedication fee;
		(6)	Platting - park dedication fee;
		(7)	Restrictive soils and wetland protection and preservation overlay districts; flood plain management permits;
		(8)	Shoreland permits;
		(9)	Variances and appeals; and
		(10)	Zoning district amendments (rezonings).
(1997 Code, § 105.06)
	(F)	Other fees.  Any application to the city for a culvert, private road permit, private use of city-owned facility permit, or for the vacation of a street, alley, or public easement must be accompanied by an application fee.  The amount of the fee will be set from time to time by resolution of the Council.  Fees will be reviewed by the Council on a yearly basis and may be revised.  Rejection of the application by the Council will not entitle the applicant to a refund of all or any part of the fee.
		(1)	Culverts;
		(2)	Private road permits;
		(3)	Private use of city-owned facilities; and
		(4)	Vacation of street, alley, or public easement.
(1997 Code, § 105.07)
	(G)	Escrow fee.  Any application to the city may require an escrow of funds to cover the cost of the City Engineer, City Planner, or City Attorney in reviewing the application.  The amount of escrow will be set from time to time by resolution of the Council.  Escrow fees will be reviewed by the Council on a yearly basis and may be revised.  Rejection of the application by the Council will not entitle the applicant to a refund, except for the amount that may exceed the cost to review the application.
(1997 Code, § 105.08)
Penalty, see § 10.99
Cross-reference:
	Alcoholic Beverages, see Ch. 111
	Animals, see Ch. 95
	Building Regulations, see Ch. 151
	Sewers, see Ch. 51
	Streets and Sidewalks, see Ch. 93
	Subdivision Regulations, see Ch. 153
	Traffic Code, see Title VII