Definitions

ABUT:
To share a common lot line for a distance greater than a point.

ACCESS ROADWAY:
A roadway, privately owned and maintained and established on an easement or common area, providing joint right of access for more than four (4) lots.

ACCESS:
A way or means of approach to provide physical vehicular entrance to a property.

ACCESSORY APARTMENT:
A second dwelling unit permitted as an accessory use to a single family detached dwelling.

ACCESSORY BUILDING, STRUCTURE OR USE:
A building, structure or use located or conducted upon the same lot (or on a contiguous lot in the same ownership) as the principal building, structure or use to which it is related, which is 1) clearly incidental to, and customarily found in connection with, such principal building or use and 2) is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot.

ADEQUATE BUILDABLE AREA:
An area that can accommodate a typical building anticipated for development on the lot after considering building setbacks, building envelopes, required parking areas and landscaping requirements.

ADULT BODY PAINTING STUDIO:
An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas."

ADULT BOOKSTORE:
A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". The phrase "substantial or significant portion of such items" as used in the definition of an adult bookstore means at least twenty-five (25) percent of the inventory, stock and trade, or publicly displayed merchandise, or at least twenty-five (25) percent of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public).

ADULT CABARET:
An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age (except any business licensed under Rochester Code of Ordinance Chapter 125A) or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, dedication or description of "specified sexual activities" or "specified anatomical areas."

ADULT COMPANIONSHIP ESTABLISHMENT:
A companionship establishment as defined in Rochester Code of Ordinances, Section 105.01 which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

ADULT ESTABLISHMENT:
A business engaged in any of the following activities or which utilizes any of the following business procedures or practices:

  1. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business, except any business licensed under Chapter 125A of the Rochester Code of Ordinances; or
  2. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. 
Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.

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

ADULT MASSAGE PARLOR, HEALTH CLUB:
A massage parlor as required to be licensed by Rochester Code of Ordinances, Chapter 115 or a health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

ADULT MINI-MOTION PICTURE THEATER:
A business premises within an enclosed building with a capacity for less than 50 persons used for presenting visual media material if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

ADULT MODELING STUDIO:
An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical area while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

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

ADULT MOTION PICTURE THEATERS:
A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

ADULT NOVELTY BUSINESS:
A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.

ADULT SAUNA:
A sauna as defined in Rochester Code of Ordinances, Chapter 115, which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

AFFECTED PARTY:
For purposes of this ordinance, the phrase includes any applicant or petitioner, the owner or occupant of the property under consideration if different from the applicant, and any owners of adjacent properties who are entitled to receive a notice of public hearing or a notice of action for the application involved. An individual may qualify as an affected party upon showing that he owns, controls, leases, or otherwise has an interest in property which will be substantially and directly affected by a proposal and which is located within 350 feet of the boundary of the property involved in the proposal.

AISLE:
A traveled way in a parking lot by which cars enter and depart parking spaces.

ALLEY:
A public right-of-way which affords a secondary means of vehicular access to abutting property.

ALTERATION:
See Structural Alteration

ANIMAL FEEDLOT:
A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals exceeding ten (10) animal units and specifically designated as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. A pasture shall not be considered an animal feedlot.

ANIMAL UNIT:
A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by different types of animals.  For purposes of this zoning ordinance, the animal unit or animal unit calculation measure shall be the same unit of measure currently used by the Minnesota Pollution Control Agency in Chapter 7020 of the Minnesota Rules relating to animal feedlots and storage, transportation and utilization of animal manure.      For table of Animal Unit Calculations, see Informational Supplement, Appendix I.

ANNEXATION:
The incorporation of a land area into the City of Rochester with a resulting change in the boundaries of the City.

ANTENNA:
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to, directional antennas such as panels, microwave dishes, satellite dishes and omni-directional antennas, such a whip antennas.

AO ZONE:
An area of shallow flooding shown on the City of Rochester's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and undetermined, and where low velocity flow may be evident.

APPLICABLE ZONING DISTRICT:
The specific zoning district classification as delineated on the Official Zoning Map of Rochester which has been attached to a particular parcel of land.

AUTO DEALERSHIP:
An establishment engaged in the retail sale, leasing, repair and servicing of automobiles and light trucks, where vehicles for sale are on display in a showroom or on a lot for the traveling public.

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

BED & BREAKFAST:
A private, owner occupied residence, with up to five (5) guest rooms, which is subordinate and incidental to the residential use of the structure.

BEDROOM:
In a multi-family or attached dwelling, a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom or other living area.

BLOCK:
A parcel or group of parcels forming a unit of land bounded on all sides by a street or other transportation routes or by physical barriers such as water, or public open space.

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 percent over a distance for 50 feet or more shall not be considered part of the bluff): 

  1. Part or all of the feature is located in a shoreland area;  
  2. The slope rises at least 25 feet above the ordinary high water level of the waterbody; 
  3. The grade or slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and 
  4. The slope must drain toward the waterbody. 

BOARD OF APPEALS:
The zoning board of appeals of the City of Rochester, Minnesota.

BOARDER:
An individual who, for a consideration, is furnished a habitable room(s) for sleeping and/or living purposes, and may be furnished meals or other services as part of the consideration, in a dwelling unit or manufactured home.

BOULEVARD:
Grass or landscaped area located outside the roadway portion of a street.

BUFFERYARD:
A unit of yard together with the plantings required thereon designed to mitigate nuisance between adjacent land uses or between a land use and a public street.

BUILDABLE AREA:
The area of a lot remaining after the minimum yard or setback requirements of this ordinance have been met.

BUILDING CODE, STATE:
The Minnesota State Building Code, setting forth standards for the construction, addition, modification, and repair of buildings and other structures for the purpose of protecting the health, safety, and general welfare of the public, which has been adopted by the City of Rochester.

BUILDING CODE:
Chapter 50 of the Rochester Code of Ordinances.

BUILDING FRONT:
The wall of a building which faces the front lot line of a lot.

BUILDING LINE:
A line parallel to the front lot line at a distance equal to the minimum depth of the front yard required for the zoning district in which the lot is located.

BUILDING PERIMETER:
The horizontal distance measured along those walls from which, when viewed from above, lines drawn perpendicular to the wall will intersect a lot line without intersecting another wall of the building.

BUILDING, PRINCIPAL:
A building in which is conducted, or which is intended to be conducted, the main or principal use of the lot on which it is located.

BUILDING, TEMPORARY:
See Structure, Temporary

BUILDING:
Any structure having a roof supported by columns or walls intended for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each portion so separated shall be deemed a separate building.

BUSINESS CENTER:
A building or group of buildings planned, constructed and managed as a total entity, with common on site parking for a group of commercial or service establishments, with office uses also permitted.  In the Central Development Core, the requirement for common on site parking need not be met to classify a development as a business center.

CAPACITY:
The maximum number of persons which may be accommodated by a development as determined by building code or fire code requirements.

CARPORT:
An open-sided shelter for an automotive vehicle, formed by a roof projecting from the side of a building or a detached structure of the same type.

CHANGE OF USE:
Any use which differs from the previous use of a building or land in terms of major retail product mix, services offered, production methods, type or intensity of residential use.

CHILD:
Any individual who has not reached his eighteenth (18) birthday.

CHURCH:
A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.

CITY ENGINEER:
The Director of the City of Rochester, Minnesota, Public Works Department.

CITY:
The incorporated City of Rochester, Olmsted County, State of Minnesota.

CLINIC:
An establishment engaged in the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those in need of medical and surgical attention, but who are not provided with board or room, nor kept overnight on the premises.

COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES:
Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

COMMISSION:
The Planning and Zoning Commission.

COMMISSIONER:
"Commissioner" means the commissioner of the Department of Natural Resources.

COMMON DRIVEWAY:
A driveway shared jointly and sued jointly to provide access to two residential properties or two or more non residential properties.

COMMUNITY PARKING LOT:
A public or private land area designed for the off street parking of motor vehicles which is not associated with any principal use or building on the same lot.

COMPREHENSIVE PLAN:
The adopted goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the City and its environs.  Said plan includes any unit or part of such plan separately adopted and any amendment to such plans or parts thereof.

CONTIGUOUS:
Next to, abutting, or touching and having a boundary, or portion thereof, which is coterminous.

CONTRACTOR'S YARD:
An area on a lot, either unroofed or roofed but open on the side, where material, machinery or vehicles used in construction related development activity are kept on a regular basis when not stored on a job site.  Overnight parking in a driveway area does not constitute a contractor's yard.

CORRECTIONAL FACILITY:
A building along with associated lot area designed for the confinement of individuals for the purpose of discipline or punishment or incarceration of convicted criminals.

COUNCIL:
The City Council of the City of Rochester, Minnesota.

COUNTY:
The County of Olmsted, Minnesota.

CRAWL SPACE:
A low space below the first story of a building, where there has not been excavation deep enough for a basement, but where there is space for installation of and service to pipes, ducts and utilities.

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

DAY CARE FACILITY:
A licensed private or public establishment, which, for gain or otherwise, regularly provides one or more dependents with care, training, supervision, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours a day, in a place other than the dependent's home.

DAY:
Those days (as the word is commonly defined and used) when the offices of Olmsted County, Minnesota, are open to the public.

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

DEDICATION:
The transfer of property interests from private to public ownership for a public purpose.  The transfer may be of fee simple interest or of less than fee interest.

DEPENDENT:
An adult who is handicapped by reason of mental retardation, mental illness, chemical dependency or physical handicap, and a child, whether handicapped or not.

DEVELOPMENT:
Any man made change to improved or unimproved real estate, including a change in use or the creation of a subdivision.

DRAINAGE PLAN:
An integrated set of documents which identifies the impact of a development on drainage systems and provides pertinent data necessary for the design of drainage facilities.

DRAINAGEWAY:
A channel which provides for the collection and conveyance of stormwater runoff from a watershed area of over 1,200 acres in size, which is not part of a designated floodplain.  The area of the drainageway shall be  calculated as that area needed to convey the water of a 100 year rainfall within the watershed.

DRIVEWAY:
A private minor vehicular access between a street or roadway and a designated off street parking area.

DUPLEX:
A building on a single lot containing two dwelling units.

DWELLING UNIT:
A habitable unit in a building that has a permanent foundation system, provided sleeping, cooking, eating, living and sanitation facilities for one family only; occupied by the owner or by another family on a rental or lease agreement basis for periods of occupancy exceeding one week, and which is physically separated from any other habitable unit or establishment that may be located in the same building.

DWELLING, ATTACHED:
A building containing not more than two (2) dwelling units, attached at the side or sides to a series of two (2) or more principal buildings, each containing not more than two (2) dwelling units, but not including one family attached dwellings.

DWELLING, MULTI FAMILY:
A building containing three (3) or more dwelling units.

DWELLING, ONE FAMILY ATTACHED:
A building containing one dwelling unit attached to one other building containing only one dwelling, with each building on a separate lot.

DWELLING, ONE FAMILY DETACHED:
A building containing only one dwelling unit surrounded by landscape area or yards on all sides.  The building on the first floor above grade must have a minimum dimension of at least 20 feet over at least 50% of the total first floor area, not including the area of any accessory structure of the building.  The required minimum dimension is measured between the outside of non-intersecting perimeter wall sections of the building along a line perpendicular to the non-intersecting walls.  The building must be anchored and attached to a permanent frost-depth foundation or foundation system constructed in conformance with the adopted building code.  The building must have either a supporting perimeter wall foundation of the same perimeter dimensions of the dwelling, or if a non-perimeter foundation system is used, the supporting foundation system must be permanently screened from view along the front wall of the building and over at least 24 feet or 50% of the length (depth) of the intersecting side walls measured from the front wall facing the street toward the rear of the dwelling, whichever is greater.  A perimeter screening wall system of the same perimeter dimensions of the dwelling made of finished exterior masonry or stucco construction, or a screening wall system conforming to the perimeter dimensions of the dwelling of the same exterior material as the exterior finish of the dwelling may be used.  The screening wall must extend from the base of the building to or below the adjacent finished grade.  If the building is not constructed in accordance with the adopted Building Code, the building as a manufactured home must meet the provisions of Minnesota Statutes, Chapter 327.31 to 327.36.  Under the provisions of Minnesota Statutes, Chapter 462.357, Subd. 1, nothing herein shall prevent a manufactured home that meets the criteria in this definition from being considered a one-family detached dwelling.

EARTH BERMED:
Buildings constructed so that there is earth covering on above grade portion of building walls and no earth covering on the roof.  The total amount of the earth covering is less than 50 percent of the walls and roof surface area.

EARTH SHELTERED:
Buildings constructed so that more than 50 percent of the exterior surface area of the building, excluding garages and other accessory buildings, is covered with earth and the building code standards promulgated pursuant to Minnesota Statutes 16.85 are satisfied.  Partially completed buildings shall not be considered earth sheltered.

EASEMENT, DRAINAGE:
An easement required for the installation of storm water sewers or surface drainage channels, or the preservation or maintenance of a natural stream or watercourse.

EASEMENT, UTILITY:
An easement required for the installation of overhead or underground utilities, including sanitary sewer, water, electric, gas, and audio or visual communication lines.

EASEMENT:
A grant of one or more of the property rights by the property owner to and for use by the public, a corporation, or another individual or entity.

EFFICIENCY APARTMENT:
A dwelling unit in a multi family dwelling consisting of not more than one habitable room meeting the floor area per occupant requirements of the housing code.

ELDERLY:
Characterizing an individual, married or single, sixty two (62) years of age or more.

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 proportionate share of flood flows.

EQUIPMENT STRUCTURES OR CABINETS:
A cabinet, structure or building which houses telecommunications and related electrical equipment used by commercial wireless telecommunications services.

EROSION, SOIL:
The removal and/or loss of soil by the action or water, ice, gravity or wind, including both the detachment and transport of soil particles.

ESTABLISHMENT:
An economic unit, generally at a single physical location, where business is conducted, services provided, or industrial operations performed.

EXCAVATION ACTIVITIES:
Activities involving “substantial land alteration,” “quarry,” or “sand or gravel excavation” as those terms are defined by Section 62.1101(1).

EXCAVATION:
The artificial removal of earth material.

EXPOSURE:
A method of classifying the walls of a building based on the type of construction and the purposes which glassed areas contained within the wall serve.  In this ordinance, the following five classes of exposure are defined.

EXTERIOR WOOD:
The heartwood from species of wood having natural resistance to decay, including redwood, cedars and black locust; grades of lumber which contain sapwood from species of wood having a natural resistance to decay, including redwood and cedars; or treated wood.

FACADE:
The exterior walls of a building exposed to public view from a public street.  The wall visible from a public street or parking lot and used for the main public access or that has distinguishing architectural features will be considered the primary façade.  A wall that is visible from a public street or parking lot serving the business center but not the main access to the building is considered the secondary façade.

FAMILY:
One or more individuals related by blood, marriage or adoption, including foster children, and excluding servants, or a group of not more than five persons, some or all of whom are not related by blood, marriage or adoption, occupying a single dwelling unit or manufactured home.

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

FILL:
A deposit of earth material placed by artificial means.

FLAG LOT:
A lot which has only sufficient frontage on a street to comply with the required access width requirements of this ordinance, shaped in such a manner that the portion of the lot closest to the street can only be used for access purposes and not as yard or buildable area, and whose width some distance back from the right of way is sufficient to provide adequate space to meet yard or setback requirements.  Only that portion of the lot of adequate width to meet lot width requirements or allow for provision of adequate yards or setback shall be counted as part of the lot area.

FLOOD FRINGE:
That portion of the flood plain outside of the floodway.  Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study.

FLOOD PLAIN:
The land adjacent to a body of water which has been or may be hereafter covered by flood water including that land covered by the regional flood.

FLOOD PROOFING:
Any combination of structural and nonstructural additions, changes or adjustments to structures and properties which reduce or eliminate flood damage to real estate, water and sanitary facilities, structures and their contents.

FLOOD PROTECTION ELEVATION:
A level one (1) foot above the regional (100 year frequency) flood plus any increase in flood level adopted by DNR study that would be caused by the future flood plain development outside the floodway.

FLOOD, REGIONAL:
A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100) year recurrence interval.  Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study.

FLOOD, STANDARD PROJECT:
A hypothetical flood estimated and mapped by the U.S. Corps of Engineers, representing the critical flood runoff volume and peak discharge that may be expected from the most severe combination of meteorological and hydrologic conditions that are considered reasonable characteristic of the Rochester region, excluding rare combinations.

FLOODWAY:
The minimum channel of a watercourse and those portions of the flood plain adjoining the channel, that are reasonably required to carry or store the regional flood discharge.

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

FOUNDATION OR, FOUNDATION SYSTEM:
A permanent foundation that provides adequate support of the building’s vertical and horizontal loads and transfers these and other imposed forces, without failure, from the building to the undisturbed ground below the frost line and constructed in accordance with the state building code as adopted by the City.

FP 1, FP 2, FP 3, FP 4, FP 5:
Different classifications of flood proofing measures as defined by the state building code.

FRATERNITY OR SORORITY HOUSE:
A dwelling maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with a professional college, university or other institution of higher learning.

FREEBOARD:
A factor of safety usually expressed in feet above a design flood level for flood protective or control works.  (Freeboard is intended to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected flood or floodway condition such as wave action, bridge opening and floodway obstructions resulting from debris or ice, and the hydrologic effects of urbanization of the watershed).

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

GARAGE SALE:
The sale of used household belongings at a residential dwelling or residential neighborhood.  The term “Garage Sale” shall include, but not limited to, “home sale”, “estate sale”, “attic sale” and “basement sale” and any other type of residential sale of tangible personal property.

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

GARDEN CENTER:
A retail business for the display and sale of products either inside or outside of a building or structure.  The products for retail sale that may be displayed and stored in a greenhouse or outdoors include those products related to gardening and landscaping including, but not limited to, outdoor live plants; landscaping materials such as lawn ornaments, pavers and landscape walls; bulk materials such as mulch, topsoil, rock and gravel; gardening supplies such as fertilizer, pesticides, and small hand tools.  Related retails sales may also be part of a garden center including cut flowers, indoor live plants, Christmas trees and related retail products.  Landscaping services may be a part of the garden center.  Greenhouses or retail buildings and offices may be part of a permanent garden center.

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

GRADING PLAN:
An integrated set of documents which addresses how a proposed development will satisfy the requirements of part 50.01 (2) of the Building Code.

GRADING:
Any excavation or fill combination thereof.

GREENHOUSE:
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale, for personal enjoyment, or for the temporary storage or display of plant material.

GROSS LEASABLE AREA:
The total floor area designed for the occupancy and exclusive use of a tenant.

HABITABLE ROOM:
Any room used or intended to be used for sleeping, cooking, living or eating purposes, excluding such enclosed spaces as closets, pantries, bath or toilet facilities, service rooms, corridors, laundries, unfinished attics, foyers, storage space, utility rooms or similar spaces.

HABITABLE UNIT:
Any habitable room, singularly or in combination with other rooms, which provides sleeping facilities alone or in combination with required cooking, eating or living facilities.

HEIGHT:
The vertical distance above grade along the building front measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height between the eave and ridge of a gable, hip or gambrel roof.

HOME OCCUPATION:
Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on in accordance with the provisions of this ordinance.

HOTEL:
A building or series of buildings operated as an establishment providing accommodations in habitable units by prior arrangements, for compensation, without restriction on the time period involved.

HOUSING CODE:
Chapters 32 through 38 of the Rochester Code of Ordinances.

INSTITUTIONAL PROPERTY:
Land used by a nonprofit, religious or educational organization, such as a church, library, public or private school, hospital or airport.  Government owned or operated building, structure or land used for a public purpose shall be considered separate from institutional property.

INTENSIVE VEGETATION CLEARING:
Means the complete removal of trees or shrubs in a contiguous patch, strip, row or block.

INTERNAL PARKING LOT LANDSCAPE AREAS:
Landscaped areas within a parking lot that are surrounded on at least three sides by paved areas that are used for parking and traffic circulation.

INTERSECTION:
Where two or more streets cross at the same grade.

ISLAND:
A grassed or landscaped area located within the limits of the roadway portion of a local or limited local street or access roadway, serving both traffic control and aesthetic purpose.

LAND USE PLAN:
The Land Use Plan for the Rochester Urban Service Area.

LANDSCAPE AREA:
Land set apart for the plantings of grass, shrubs, trees or similar living plants, or other ground surface treatment such as decorative rock, bark, or stone.

LANDSCAPE PLAN:
An integrated set of documents which may consist of both drawn and written materials whose purpose is to identify, for a proposed development, the means of compliance with bufferyard, landscaping and screening standards of this ordinance.

LETTER OF MAP AMENDMENT (LOMA):
A document issued by the Federal Emergency Management Agency providing documentation for findings that have been made showing that single a lot or single structure is not located in a Special Flood Hazard Area as defined in 44 CFR 59.

LIMITED ACCESS ROADWAY:
A roadway, privately owned and maintained and established on an easement, providing joint right of access for up to four (4) lots.

LOADING AREA:
An off street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts or is connected by means of a driveway to a street or alley.

LOT AREA:
The area contained within the lot lines of a lot, excluding any right of way or private street.

LOT DEPTH:
The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT LINE, FRONT:
Either a lot line separating a lot from a street or from a roadway as further defined in Section 63.110.

LOT LINE, INTERIOR SIDE:
A side lot line which separates a lot from another lot.

LOT LINE, REAR:
On a rectangular lot other than a corner lot, the lot line opposite and most distant from the front lot line; on a corner lot, an interior lot line which is designated at the time of development.  Triangular shaped lots whose lot width narrows when moving away from the front lot line have no rear lot line.  The rear lot line(s) on irregular shaped lots with more than four lot lines are those interior lot lines which, when the endpoints of the line(s) are connected, create a line exceeding the width at the building line.

LOT LINE, SIDE STREET:
A side lot line separating a lot from a street right of way or a private street.

LOT LINE, SIDE:
Any lot line other than a front or rear lot line.

LOT LINE:
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.  Where any portion of a lot extends onto a public right of way, the lot line shall be deemed to be the boundary of said right of way.

LOT OF RECORD:
Any validly recorded lot which, at the time of its recording, complied with all applicable laws, ordinances and regulations.

LOT WIDTH:
A horizontal distance measured between the side lot lines.

LOT, CORNER:
A lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle less than 135 degrees.

LOT, THROUGH:
A lot which fronts upon two parallel or approximately parallel streets.

LOT:
The smallest unit of land division defined by plat or by metes and bounds description, which is not divided by a lot line, right of way, or other publicly owned land, and which does not include the right of way of any street upon which said lot abuts, even if ownership to such right of way lies with the owner of the lot.

LOW DENSITY (RESIDENTIAL) DISTRICTS:
All established residential districts in the Zoning Ordinance, including and more restrictive than the R-2 (Low Density Residential) zoning district.

LUMBER YARD:
An establishment engaged in the retail sale of building supplies and household equipment which is characterized by the presence of an outdoor storage area utilized for the keeping of building supplies such as lumber or masonry products.

MANUFACTURED HOME PARK LOT:
A parcel of land in a manufactured home park used for the placement of a single manufactured home for the exclusive use of the residents of said manufactured home.  The area of the lot for rezoning purposes shall not include any common or community open space or required perimeter bufferyard area.  The area of the lot shall not include any land devoted to the development of streets (public or private) including the required boulevard and any land used for common sidewalk or walkway area located parallel and adjacent to a private street lying adjacent to the lot.

MANUFACTURED HOME PARK:
A residential development on a site which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is charged for the utilization of such space.  This development is typified by a land-lease arrangement between the residents of the manufactured homes in the community and a single ownership entity or common owner(s) in a cooperative arrangement as opposed to a development that consists of individually owned lots subdivided for the placement of manufactured homes.  A manufactured home park does not include real property used for the display and sale of manufactured homes, unless the manufactured homes for display or sale are permanently sited in conformance with the zoning ordinance as model homes in the park, nor does it include real property used for seasonal recreational purposes only as opposed to year-round occupancy.

MANUFACTURED HOME STAND:
The part of an individual manufactured home park lot which is reserved for the placement of the home, appurtenant structures or additions.

MANUFACTURED HOME SUBDIVISION:
A development which consists of individually owned lots created for the placement of manufactured homes which comply with this jurisdiction's regulations for subdivision.  All uses, buildings and structures within the approved subdivision must obtain zoning certificate approval prior to their placement or construction.

MANUFACTURED HOME:
A building, fabricated in an off-site facility for installation or assembly at the building site, transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or when erected is 320 or more square feet in size, and which is built on a permanent chassis and designed to be used as a dwelling for one family, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical system contained therein, and is certified as constructed in compliance with the “manufactured home building code” as established under Minnesota Statutes, chapter 327.  For calculations of permitted densities in this ordinance, a manufactured home shall be considered as one dwelling unit.

MIXED BUILDING TYPE DEVELOPMENT:
A development which complies with this jurisdiction's regulations for subdivisions, consisting of three or more individually owned lots for either the placement of manufactured homes, subject to the design criteria contained herein, or for the placement of other dwelling types consistent with the standards of the underlying zoning district.

MOBILE HOME:
See Manufactured Home.

NURSERY:
Land or greenhouses used to raise flowers, shrubs and plants for later retail or wholesale sales.

OBSTRUCTION:
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

OCCUPANCY:
The residing of an individual overnight in a habitable unit, or the installation, storage or use of equipment, merchandise or machinery in any institutional, commercial or industrial building.

OFFENDER TRANSITIONAL HOUSING (OTH):
A dwelling unit designed, intended, or used principally to provide short-term housing to offenders serving their criminal sentences on parole, supervised or conditional release, or some other form of non-custodial supervision. “Offender transitional housing” does not include housing declared by state law to be a permitted single-family residential use. The term “short-term” shall mean a period of time not exceeding one year. A dwelling owned by the offender or a member of the offender’s immediate family shall not be considered offender transitional housing.

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

OPERATIONS PLAN:
a plan, including a Site Plan and Report, required to be submitted by applicants for conditional use permit approval of excavation activities which describes the area to be disturbed, required bufferyards and additional information necessary to ensure the excavation activity is safe on the particular site and is compatible with surrounding development and land uses.

ORDINANCE:
See Article 60.100.

ORDINARY HIGH WATER LEVEL:
Means 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 watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

OUTDOOR RETAIL SALES:
The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscaping materials, and lumber yards.

OUTDOOR STORAGE AREA:
The keeping, in an unroofed area or structure open to view on its sides, of any goods, junk, material or merchandise in the same place for more than 24 hours, and including adjacent land area improved and necessary to provide access to such goods.

OWNER:
The fee owner of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment in contemplation of ultimate ownership.  The term includes, but is not limited to venders under a contract for deed.

PARKING BAY:
A portion of a site improved for the off street parking of vehicles, where individual parking spaces are accessed directly from the street.  Parking space shall not be from within the right of way.

PARKING FACILITY:
A structure or at grade site improved for the parking of four (4) or more vehicles where individual parking spaces are accessed from a roadway by means of a driveway and circulation aisles.

PARKING SPACE:
A space for the parking of a motor vehicle within a private or public parking area, of sufficient size to meet the ordinance requirements.

PARKING, OFF STREET:
Parking spaces required by this ordinance to be provided on site for each use.  These spaces are intended to serve the normal daily parking needs of the use established on the lot.

PASTURE:
An area where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetative cover is maintained during the growing season, except in the immediate vicinity of temporary supplemental feeding or watering devices.

PAVEMENT:
A hard, smooth surface of a parking lot, driveway or drive aisle which is made from concrete, asphalt or a paving bricks, or similar durable permanent permeable pavement.

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

PHOTOVOLTAIC DEVICE:
A system of components that generates electricity from incident sunlight by means of the photovoltaic effect, whether or not the device is able to store the energy produced for later use.

PLAT, FINAL:
The final map on which a developer's plan of subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Recorder.

PLAYGROUND:
An outdoor area set aside for recreation and play, especially one containing seesaws, swings and the like.

PUBLIC UTILITY:
Any person, corporation or government entity supplying gas, electric, transportation, water, sewer or land line telephone service to the general public.  For the purposes of this ordinance, commercial wireless telecommunication service facilities shall not be considered as public utility uses, and are defined separately.

PUBLIC WATERS:
As defined by Minnesota Statutes 103G.

QUARRY:
See definition under Section 62.1101(2)(b)(1).

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

RECLAMATION PLAN:
A plan, including a Final Site Plan and Report, required to be submitted by applicants for conditional use permit approval of excavation activities which describes how the site will be reclaimed for subsequent use after conclusion of the excavation activity.

RECREATIONAL EQUIPMENT:
Craft designed for use on water or snow, as well as motorized vehicles designed for use on surfaces other than public roadways, and including trailers used to transport such craft or vehicles.

RECREATIONAL VEHICLE:
A temporary structure, less than forty (40) feet in length, which can be towed, hauled or driven and is primarily designed as temporary housing accommodations for recreational, camping or travel use, including but not limited to travel trailers, truck campers, camping trailers and self propelled motor homes.

RESIDENTIAL FACILITY:
A licensed public or private establishment, which, for gain or otherwise, regularly provides one or more dependents with a twenty-four (24) hour a day substitute for the care, food, lodging, training, education, supervision, rehabilitation and treatment they need, but which for any reason cannot be furnished in the dependent’s own home.  The term includes, but is not limited to, state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelter, group homes, schools for handicapped children, halfway houses, and homes for battered children or battered spouses.

RESIDENTIAL FLOOR:
A story within a building wherein over fifty (50) percent of the floor area is devoted to dwelling units.

RIGHT OF ACCESS:
The legal authority providing for the right of ingress to or egress from a public street.

RIGHT OF WAY LINE:
The lines that form the boundaries of a right of way.

RIGHT OF WAY:
A strip of land acquired by dedication, reservation, prescription or condemnation occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line or other similar use.

ROAD AUTHORITY:
The unit of government having control of the right of access to a right of way.

ROADWAY:
That portion of a street, common area or easement area improved for utilization by motor vehicles, including travel lanes and parking lanes, but not including driveways.

ROOMING HOUSE:
A building designed as a one family detached dwelling, containing habitable units providing sleeping and/or living accommodations but not eating or cooking accommodations, for three or more individuals who are not members of the owner's or operator's related family.  Meals may or may not be provided as part of the services included for compensation.

SAND OR GRAVEL EXCAVATION:
See definition under Section 62.1101(2)(c).

SCHOOL:
A public school as defined in Minnesota Statutes, Section 120.05, or a nonpublic school as defined in Minnesota Statute 123.932.

SEDIMENTATION:
Sedimentation shall mean the settling out of soil particles which have been transported by water or wind.  (Sedimentation occurs when the velocity of water or wind in which soil particles are suspended is slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension or when the degree of slope is lessened to achieve the same result).

SELF SERVICE STORAGE FACILITY:
An establishment designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property.

SEMIPUBLIC USE:
Means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

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

SETBACK PLANE:
A theoretical plane extending over the lot and inclined upward from the horizontal by a designated number of degrees and intersecting with the ground at the lot line.

SETBACK:
The minimum separation in linear feet, measured on a horizontal plane, required between the wall of a building and each of its lot lines at a given height.

SHELTER, STORM:
A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies.

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 percent of the structure setback.

SHORELAND:
Means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

SIGN CREDIT:
A benefit granting the holder of the credit the right to erect a new advertising sign which conforms with all applicable laws upon the furnishing of proof to the Zoning Administrator that an existing legal nonconforming advertising sign and its supporting structure have been removed.

SIGN, ADVERTISING:
A sign that directs attention to a business service, event or location not related to or on the premises where the sign is located.

SIGN, BUSINESS:
A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located.

SIGN, POLITICAL CAMPAIGN:
A sign which carries a noncommercial message regarding a candidate for political office or an issue arising in a campaign for political office.

SIGN, STACKED MULTIPLE DISPLAY FACES:
Any sign structure containing signs which are placed in a vertical or horizontal row and which contain more than one sign designed to provide information to the public.

SIGN:
Any object, device, display, structure or part thereof, situated outdoors or indoors, which is displayed to attract the attention of the public while on public streets, highways or walkways to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters figures, designs, symbols, fixtures, colors, illumination or projected images.  Signs do not include flags of any nation, state, city, religion, fraternal or civic organization, merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, scoreboards on athletic fields, sound trucks or other moving advertising media while operated on a public right of way, official traffic signs or symbols, banners announcing civic celebrations or events of special interest, mounted house numbers under 12 inches in height, mounted name plates or building address numbers under six square feet in area identifying the occupants or address of a building, or address or public information signs displayed for the convenience of the traveling public, when established by a public patterns which by themselves would not convey a message about a business or product without other sign elements present.

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

SITE AREA:
All land area within the site as defined in the deed.  Area shall be from an actual site survey rather than from a deed description.

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

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

SOLAR ENERGY SYSTEM:
A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring or converting solar-generated energy, and including but not limited to photovoltaic devices.  When a solar energy system is built to serve a principal use on a property or as a part of a development site, the system shall be considered an accessory use.

SPECIFIED ANATOMICAL AREAS:
Anatomical areas consisting of:

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

SPECIFIED SEXUAL ACTIVITIES:
Activities consisting of the following:

  1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct:  anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphis, zooerasty; or
  2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
  3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
  4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or
  5. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
  6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
  7. Human excretion, urination, menstruation, vaginal or anal irrigation.

STEEP SLOPE:
Means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent over horizontal distances of 50 feet or more, that are not bluffs.

STORAGE CONTAINER:
An all-metal structure, or made of other construction materials, fully enclosed, used for storage purposes, and is accessory and detached from the principal building.  Storage containers are individual units that are periodically removed from a property by truck and are considered a structure without any attached foundation or footings.  A storage container may be a self-contained unit that includes wheels and is licensed as a vehicle or a unit that must be trucked to a site and removed from the trailer used for transport.  This definition excludes warming sheds at city parks and schools, sheds and dumpsters or rolloff containers that are used for the collection of solid waste.  Storage containers are also referred to as cargo containers, temporary storage containers, portable storage containers, containerized storage devices, semi-trailers or truck-trailers.

STORY, FIRST:
The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more that 4 feet below grade for more than 50% of the total perimeter, or not more that 8 feet below grade at any point.

STORY:
That 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 usable or unused under floor space is more than six (6) feet above grade for more than fifty (50%) percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused under floor space shall be considered as a story.

STREET, PRIVATE:
A street owned and maintained by one or more private property owners.

STREET, PUBLIC:
A street established on a right-of-way.

STREET:
A strip of land used or intended to be used solely for the passage or travel of motor vehicles, including roadway, boulevard, medians, islands and facilities for pedestrians or other non motorized vehicles.

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

STRUCTURE, TEMPORARY:
A building or structure without foundation or footings which is designed to be transportable and which is not designed for attachment to the ground, to another structure, or to any utility system on the same premises for an undetermined length of time.

STRUCTURE:
A combination of materials to form construction for use, occupancy, or ornamentation, whether installed on, above or below the surface of land or water.

SUBDIVISION:
The separation of an area, parcel or tract of land into two or more parcels, tracts, lots, or into long term leasehold interests where the creation of the leasehold interests necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or any other use or any combination thereof, except for those subdivisions exempted by Minnesota Statute 462.352 (sub. 12).

SUBSTANTIAL LAND ALTERATION:
See definition under Section 62.1101(2)(a).

SURFACE WATER ORIENTED COMMERCIAL USE:
Means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

SWIMMING POOL, ABOVE GROUND:
A swimming pool whose exposed sides have a height of four feet or greater above the natural ground located adjacent to said swimming pool.

SWIMMING POOL, IN-GROUND:
A swimming pool whose sides are not exposed and are below the natural ground located adjacent to said swimming pool.

SWIMMING POOL, SURFACE:
A swimming pool whose exposed sides have a height of more than 24 inches, but less than four feet above the natural ground located adjacent to said swimming pool.

SWIMMING POOL:
Any private recreational pool, pond, lake or open tank not located within a completely enclosed building and capable of containing water to a depth at any point greater than 24 inches.

TEMPORARY HOUSING:
Any tent, recreational vehicle or other temporary structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for the purpose of occupancy for more than thirty (30) consecutive days.

THOROUGHFARE PLAN:
The Currently Held Valid Thoroughfare Plan for the City of Rochester and the Townships of Cascade, Marion, Rochester and Haverhill and a portion of High Forest.

TOE OF THE BLUFF:
Means the lower point of a 50 foot segment with an average slope exceeding 18 percent.

TOP OF THE BLUFF:
Means the higher point of a 50 foot segment with an average slope exceeding 18 percent.

TOWER:
Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts installed, maintained or operated by a commercial wireless telecommunications service intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

TRAFFIC ENGINEER:
The traffic engineer for the applicable road authority of a public street.

TURNOUT:
An area at the end of a dead-end parking lot designed to allow for the backing of vehicles at the end of the parking lot.

UNDISTURBED, AREA OF:
Area of special site preservation to qualify for floor area or density bonus.  Undisturbed shall mean that the natural ground cover and plant or woodland growth shall not be removed except through actions 1) necessary to limit the spread of disease and noxious weeds, 2) to trim or remove dead trees or parts thereof that are a hazard, or 3) control the erosion of soil from the site.

UPZONING:
A change in zoning allowing more intensive development.  More intensive development is indicated by an increase in density, a broadened range of authorized uses, an increased floor area ratio, a shift from residential to commercial development, or a shift from commercial to industrial development.

USE, PERMITTED:
A use which conforms with the purposes, requirements, regulations and performance standards of a particular district.

USE, PRINCIPAL:
The primary use of land or buildings as distinguished from subordinate or accessory uses.

USE:
The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

USEABLE RECREATION SPACE:
A space provided as an accessory use on the same lot or site as a principal residential use and designed for the conduct of active or passive recreation.

WALL:
The vertical exterior surface of a building.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY:
Means 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 such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WECS METEOROLOGICAL TOWER:
A tower which is erected primarily to measure wind speed, density and direction along with other data relevant to siting WECS.

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

WIND ENERGY CONVERSION SYSTEMS (WECS):
A wind energy conversion system as defined in Minnesota Statutes Chapter 116C, as amended (“… any device such as a wind charger, windmill or wind turbine and associated facilities that converts wind energy to electrical energy”).

WOODLAND:
An area of planted material covering one (1) acre or more with a minimum dimension of 66 feet, having a density of twenty trees or more per acre with a caliper of eight inches or more.

YARD DEPTH:
The shortest distance between a lot line and a wall of a building located on the lot.

YARD LINE:
A line drawn parallel to a lot line at a distance therefrom equal to the depth of the minimum required yard or setback which defines the required yard area.

YARD:
A ground level open space that lies between a principal or accessory building and the nearest lot line.  Such yard is unobstructed and open to the sky except as may be specifically provided for in this ordinance.

YOUTH FACILITY:
A public playground, public swimming pool, public library or licensed day care facility.

ZONING ADMINISTRATOR:
The Planning Director as provided for in the Rochester Code of Ordinances, Chapter 20.16 or his authorized representative.

ZONING MAP:
The map or maps which are a part of this ordinance and delineate the boundaries of the zoning districts.