Ch11.§1-1 · City of Nowthen public records

A. Title: This Chapter shall be known as the Nowthen Zoning Ordinance and will be hereinafter referred to as this Chapter. B. Comprehensive Plan: Pursuant to Minnesota Statutes 473.858, as may be amended, the City's adopted Comprehensive Plan shall serve as the basis upon which land use and development shall be regulated. This Chapter shall not conflict with and shall be based upon and implement the Comprehensive Plan. C. Standard Requirement: Where the conditions imposed by any provision of this Chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the City, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail. D. Application: The provisions of this Chapter shall be the minimum requirements for the promotion of the public health, safety and welfare. E. Allowed Uses: Only those uses identified as being permitted uses, permitted accessory uses, conditional uses, interim uses or uses by administrative permit in any zoning district shall be allowed. For any uses not specifically identified, the City Council or the Planning & Zoning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and subject to those conditions and standards relating to development of the use. The City Council, Planning & Zoning Commission or property owner, upon receipt of the study shall, if appropriate, initiate an amendment to this Chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the City. (Ordinance #38, adopted October 11, 2011) 11-1-2: PURPOSE: The City of Nowthen adopts this Chapter for the purpose of promoting the following goals:   A. To promote the orderly development of the City. B. To ensure that all residents have an opportunity to participate in the decisions of the City regarding issues within the scope of the Chapter. C. To improve and ensure safety in all transportation movements. D. To control the density of development in the City so that property can be adequately serviced by such government facilities as streets, schools, fire protection, and utility systems. E. To ensure that the natural environment is protected and maintained. F. To help implement the community goals as specified in the Comprehensive Plan. G. To protect and preserve lands with significant agricultural capability. (Ordinance #3, adopted November 9, 2010) 11-1-3: COMPLIANCE: No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be used or be designed to be used except and after the lawful issuance of all permits and certificates as required by this Chapter. (Ordinance #3, adopted November 9, 2010) 11-1-4: RULES FOR INTERPRETATION: Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in such definition. If no set definition is given in the Chapter, the Board of Appeals shall interpret and define any word or section of this Chapter. (Ordinance #3, adopted November 9, 2010)   # SECTION 2 DEFINITIONS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>11-2-1</td> <td>Inclusions</td> </tr> <tr> <td>11-2-2</td> <td>Terms</td> </tr> <tr> <td>11-2-3</td> <td>Incorporated by Reference</td> </tr> </table> 11-2-1: INCLUSIONS: Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word "shall" is mandatory and the word "may" is permissive. The word "person" includes a corporation and unincorporated association. (Ordinance #3, adopted November 9, 2010) 11-2-2: TERMS: For the purpose of this Chapter, the following definitions shall apply: Accessory Structure: A structure or portion of a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto. It is not the dwelling unit and is not a Farm Building. This will not include antennas or towers. (Ordinance 2013-04, adopted April 9, 2013) Administrator: The Chief Administrative Officer of the City or his or her representative charged with the enforcement of this Chapter. Agricultural Land: Contiguous acreage of twenty (20) acres or more, used during the preceding year for agricultural purposes. (Ordinance 2013-04, adopted April 9, 2013) Agricultural Products: Include the following: A. Livestock, dairy animals, dairy products, poultry and poultry products, fur- bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products by the owner; B. Fish bred for sale and consumption if the fish breeding occurs on land zoned for agricultural use; C. The boarding of horses, which may include related horse training and riding instruction, if the boarding is done on property that is also used for raising pasture to graze horses or raising or cultivating other agricultural products as defined in (A);   D. Property which is owned and operated by nonprofit organizations used for equestrian activities, excluding racing; E. Game birds and waterfowl bred and raised: 1) on a game farm licensed under MN State Statute Section 97A.105, provided that the annual licensing report to the Department of Natural Resources, which must be submitted annually by March 30 to the assessor, indicates that at least 500 birds were raised or used for breeding stock on the property during the preceding year and that the owner provides a copy of the owner's most recent schedule F; or 2) for use on a shooting preserve licensed under MN State Statute Section 97A.115; F. Insects primarily bred to be used as food for animals; G. Trees, grown for sale as a crop, including short rotation woody crops, and not sold for timber, lumber, wood, or wood products; and H. Maple syrup taken from trees grown by a person licensed by the Minnesota Department of Agriculture under chapter 28A as a food processor. (Ordinance 2013-04, adopted April 9, 2013) Agricultural Purposes: The raising, cultivation, drying, or storage of agricultural products for sale, or the storage of machinery or equipment used in support of agricultural production by the same farm entity. For a property to be classified as agricultural, based only on the drying or storage of agricultural products, the products being dried or stored must have been produced by the same farm entity as the entity operating the drying or storage facility. (Ordinance 2013-04, adopted April 9, 2013) Agricultural Use: The growing of produce on farms, including, but not limited to, field crops, nurseries, specialty crops, also including the raising thereon of farm poultry, domestic farm animals such as horses, cattle, sheep and swine and non- domestic farm animals as defined in this Chapter. Agricultural uses shall not be subject to Home Occupation regulations contained herein. (Ord. 2017-01, adopted April 11, 2017) Alternative Energy Source Related: A. Accessory: A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. B. Alternative energy system: A ground source heat pump, wind or solar energy system. C. Building-integrated solar energy system: A solar energy system that is an   integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. D. Closed loop ground source heat pump system: A system that circulates a heat- transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. E. Closed loop ground source heat pump system: A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. F. Flush-mounted solar energy system: A roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than 10 inches above the roof. G. Ground source heat pump system: A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. H. Horizontal ground source heat pump system: A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface. I. Heat transfer fluid: A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight. J. Horizontal axis wind turbine: A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.   <figure> Rotor Blade Rotor Diameter Rotor Diameter Coarbox Generato* Nacelle Fixed Atch Rotor Height Roxor- Blede Tower Gearbox Generator Horizontal Axis Vertical Axis </figure> Wind Turbine Configurations K. Hub: The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. L. Hub height: The distance measured from natural grade to the center of the turbine hub. M. Monopole tower: A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. N. Open loop ground source heat pump system: A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well. O. Passive solar energy system: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. P. Photovoltaic system: A solar energy system that converts solar energy directly into electricity. Q. Residential wind turbine: A wind turbine of 10 kilowatt (KW) nameplate generating capacity or less. R. Small wind turbine: A wind turbine of 100 kW nameplate generating capacity or less.   S. Solar energy system: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. T. Total height: The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. U. Tower: A vertical structure that supports a wind turbine. V. Utility wind turbine: A wind turbine of more than 100 kW nameplate generating capacity. W. Vertical axis wind turbine: A type of wind turbine where the main rotor shaft runs vertically. X. Vertical ground source heat pump system: A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface. Y. Wind energy system: An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. Z. Wind turbine: Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Animal Boarding: Keeping animals owned by others for a fee. Animal, Domestic: Animals customarily kept as household pets, such as dogs and cats. Animal, Non-Domestic: Any animals normally kept outside of the home for purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. 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, and satellite dishes, and omni-directional antennas, such as whip antennas. Attorney: The attorney employed by the City, hereinafter referred to as the Attorney. (Ordinance #3, adopted November 9, 2011) Automobile Repair (Major): General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.   Automobile Repair (Minor): Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under the definition of Automobile Repair (Major). (Ordinance #38, adopted October 11, 2011) Basement Floor Area: A portion of a building located partly or wholly underground, but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground. Bed and Breakfast Facility: An owner-occupied, usually historic, residential structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis where at least one (1) meal and/or beverages are offered in connection with the provision of sleeping accommodations to no more than ten (10) persons. (Ordinance 2013-09, adopted December 10, 2013) Board of Adjustment and appeals: The board designated to hear appeals from actions or interpretations of the Administrator, Building Official and/or Planning & Zoning Commission . The City Council currently acts as the Board of Adjustment. Buildable Site: A one-acre contiguous parcel of land, as part of a lot, at the proposed building site, which meets standards as set by the City for a residential building site in accordance with the city's Subdivision Ordinance. Building: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any use, person, animal, or property and occupying more than 200 square feet of area. (Ordinance 2013-04, adopted April 9, 2013) Building Height: The distance measured from ten (10) feet above the lowest exterior pre-grade ground elevation at the perimeter of the foundation to the top of a flat roof, the midpoint of the highest gable on a pitched or hip roof, and to the uppermost point of all other roof types. (Ordinance 2013-04, adopted April 9, 2013) Building Setback Line: Is a line parallel to the side property line, rear property line or street right-of-way beyond which property owners or others have no legal right to extend a building or any part thereof without securing a variance from the City Council. The minimum horizontal distance between a structure and lot line, ordinary high-water mark, or right-of-way easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level. (Ordinance 2013-04, adopted April 9, 2013) Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis   manufacturer located on the same premises, and perform other actions approved by the OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Delivery: A business with a cannabis delivery service license or delivery service endorsement from the OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Manufacturing: A business with a cannabis manufacturer license or manufacturing endorsement from the OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Processing: A business with a medical cannabis processor license or processing endorsement from the OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Retail Business: A retail location and the retail location(s) of a mezzobusiness with a retail operations endorsement, microbusiness with a retail operations endorsement, medical combination business operating a retail location, and including lower-potency hemp edible retailers. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Testing: A business with a cannabis testing facility license or testing endorsement from OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Transportation: A business with a cannabis transporter license or transportation endorsement from the OCM. (Ordinance 2025-07, adopted September 9, 2025) Cannabis Wholesaling: A business with a cannabis wholesaler license or wholesaling endorsement from the OCM. (Ordinance 2025-07, adopted September 9, 2025) City Council: The Nowthen City Council hereinafter referred to as the City Council. Cluster Development: A subdivision development planned and constructed so as to group housing units or smaller lots, providing a unified network of open space and wooded areas, while still meeting the overall density regulations of this Chapter and other City standards and ordinances. Maximum density of one (1) home per five (5) acres. Lots of less than five (5) acres shall not be considered for conditional use. ## Commercial Agriculture: A. Field crops: including, but not limited to, barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, sunflowers, carrots, and radishes.   B. Livestock: including, but not limited to, dairy and beef cattle, goats, horses, sheep, hogs, poultry and game birds. C. Livestock products: including, but not limited to, milk, butter, cheese, eggs and meat. (Ordinance #3, adopted November 9, 2010) Commercial Uses: The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services, including, but not limited to, the following unless specifically defined by this Chapter: A. Office Business: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, administrative or medical service operations including attorneys, financial advisors, consultants, insurance, outpatient health services and other uses of similar character. B. Restaurant (Convenience): An establishment that serves food, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive-through facilities. C. Restaurant (General): An establishment which serves food in or on non- disposable dishes to be consumed primarily while seated at tables or booths within the building. D. Retail Business: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales. E. Service Business (Off Site): A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. F. Service Business (On Site): An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus. (Ordinance #38, adopted October 11, 2011) Commercial Vehicle: The principal use of a vehicle for the sale, lease, rental or trade of products, goods and services. Commercial Wireless Telecommunication Services: Licensed commercial wireless telecommunication services including cellular, person communication services (PCS),   specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services. Comprehensive Plan: The Comprehensive Development Plan made and adopted by the City, indicating the general location recommended for major thoroughfares, streets, parks, public buildings, zoning districts, other public improvements, as well as policy statements, goals, and standards in the approved plan. Craft House: A building other than a hotel where, for compensation and by prearrangement for definite periods, lodging and/or meals may or may not be provided to four (4) or more persons and not more than ten (10) persons. The room(s) rented as sleeping and living quarters may not have individual cooking facilities and may or may not have individual bathroom facilities. Uses may include gatherings of people for scrapbooking, crafting, snowmobile weekends, family reunions or other small indoor gatherings as may be approved by the City Council. (Ordinance 2013-09, adopted December 10, 2013) Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. (Ordinance 2025-07, adopted September 9, 2025) Developer: Any person who owns or controls land which is to be developed. Dwelling, Residential: a building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, bed and breakfast, mobile homes or trailers. (Ordinance 2013-04, adopted April 9, 2013) Dwelling Unit, One Family: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling Unit, Two Family: A building that contains two separate one family dwelling units. Easement: A right of use given to a person or entity over the property of another for the purpose of constructing and maintaining streets, trails, sidewalks, driveways, and/or utilities including, but not limited to, wetlands, ponding areas, drainage ways, sanitary sewers, water mains, storm sewers, electric lines, telephone lines, and gas lines. (Ordinance 2013-04, adopted April 9, 2013) Easement Access: Access to a parcel of land via an easement over a strip of land which is granted from one property owner to another to allow driveway access to a property. (Ordinance 2013-04, adopted April 9, 2013)   Engineer: The Registered Engineer retained by the City, hereinafter referred to as the Engineer. Excavating: Shall mean the removal or displacement of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone or other naturally deposited material and shall mean the depositing of any such materials with the intent to create mounds, berms or similar. Exotic or regulated animals: including but not limited to: A. All members of the Felidae family including, but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multi-breed cat registry association; B. Bear, wolves and other regulated animals; and C. All non-human primates; including, but not limited to lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises and tamarins. D. Regulated animal includes any hybrid or cross between an animal listed in clause A, B, or C and a domestic animal and offspring from all subsequent generations of those crosses or hybrids. Extended Home Occupation: Is a business which is partially or wholly conducted inside a garage or accessory structure and carried on by one or more members of the family residing in the dwelling unit. Requires a minimum of five (5) acres. Family: Is one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel. Farm or Agricultural Land: Any contiguous tract of land twenty (20) acres or greater in area used the preceding year for agricultural purposes. (Ordinance 2013-04, adopted April 9, 2013) Farming or Farm Operations: See agricultural land, agricultural purposes, and agricultural products. (Ordinance 2013-04, adopted April 9, 2013) Farm or Agricultural Building: All buildings, other than dwellings and garages, which are incidental to the farming operation, including, but not limited to, barns, granaries, silos, farm implement storage buildings, and milk houses. (Ordinance 2013-04, adopted April 9, 2013)   Feed Lot: A confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal wastes may accumulate, as defined by the Minnesota Pollution Control Agency. Floor Area: Floor Area For residential dwelling units shall consist of the dwelling base floor ground coverage, excluding any garage area, for commercial use see State Building Code. Foster Home for Children: A family dwelling where children for whom care is given when out of their own homes. (Ordinance 2013-09, adopted December 10, 2013) Frontage: The length of the front property line of a lot or tract of land on an improved and accepted public right-of-way. Home Occupation: Is a business carried on in a dwelling unit which is clearly incidental and secondary to the use of the residential use of the property and which does not change the character thereof. A home occupation does not include agricultural uses carried on a farm. A home occupation is not to be conducted in an attached garage or an accessory structure. Horticulture: The use of land for production or sale of fruits, including apples, grapes and berries, vegetables, maple syrup, flowers, nursery stock, including ornamental shrubs and trees and cultured sod. (Ordinance #3, November 9, 2010) Hotel or Motel: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing more than ten (10) guest rooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by more than ten (10) individuals for compensation, whether the compensation is paid directly or indirectly. Hotels and/or motels may consist of a building or group of buildings containing guest rooms or units, each of which may or may not have a separate entrance directly from the outside of the building. (Ordinance 2013-09, adopted December 10, 2013) Housing Shelter: A facility operated by the public or a nonprofit charitable group or institution which provides one or more transient/homeless persons with shelter, lodging and meals for short periods of time in a place other than a person's own home without compensation being expected. (Ordinance 2013-09, adopted December 10, 2013) Impervious Surface: Impervious means the total of all hard surfaces which do not absorb or retain water such as structures, driveways, patios and non-vegetative surfaces. Extremely compacted soils and areas containing Class 5 gravel surfacing are considered impenetrable surfaces. Integral Color: Integral color is a blended oxide pigment available in dry and liquid form that's combined with concrete in a ready-mix truck and placed on-site for a rich, fade-resistant finished product. (Ord 2022-02, adopted August 11, 2022)   Junk Vehicle: A junk vehicle shall include any motor vehicle or trailer which is not in an operable condition, which is partially dismantled, which is used for the sale of parts or as a source of repair and replacement parts for other vehicles or which is kept for scrapping, dismantling, or salvage. The following vehicles shall not be considered junk vehicles: A. An unlicensed vehicle for sale in an automobile sales lot; and B. A collector vehicle registered as a pioneer, classic, collector or street vehicle, as defined in MN State Statutes 168.10, if actively being restored. (Ordinance #5, October 12, 1993) Junk Yard: An area where waste, used, or second-hand materials or vehicles are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk yard includes uses established entirely within enclosed buildings. This definition does not include sanitary landfills, local governmental recycling centers and farm equipment stored as spare parts for an active farming operation by a farmer for his personal use. Light Manufacturing: Is the processing and fabrication of certain materials and products and assembly. Limited Scale Trucking: The parking, storage and operation of one or more vehicles over 20,000 lbs gross vehicle weight or any business or operations utilizing 2 or more commercial vehicles of any size. (Ordinance 2013-04, adopted April 9, 2013) Lot: A parcel or tract of land intended as a unit for transfer of ownership or for development having frontage along an improved public road, which must be of sufficient area and dimension to meet minimum zoning requirements for width and area. For parcels which are platted or abut streets which are platted, the gross area of the lot shall be measured within the lot lines. In any platted area, minor subdivision, or metes and bounds division, "new lots" shall mean the total number of lots shown. (Ordinance 2013- 04, adopted April 9, 2013) Lot Area: The gross area of a lot in a horizontal plane bounded by the lot lines. A. In determining the size of a lot for building purposes, measurements can be taken to the centerline of the road in cases where parcels are described by metes and bounds, where platted streets do not exist or whereby the sole means of access is from an established roadway easement. B. In determining overall development density, except for minor subdivisions of three or fewer lots, when density calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1\. Fractions of 0.50 or above shall be rounded up; and   2\. Fractions below 0.50 shall be rounded down. C. For lots of record and preliminary platted lots having legal standing on April 9th, 2013, the gross area of the lot shall include measurements taken to the centerline of the adjacent roadway(s) if the area is required to meet lot size minimums or for the purposes of obtaining a conditional or interim use permit. (Ordinance 2013-04, adopted April 9, 2013) Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, Flag: An "L" shaped lot utilizing a narrow strip of land to access a public street in order to accommodate back lot or rear property division and development without the required minimum lot frontage on a public street. (Ordinance 2013-04, adopted April 9, 2013) Lot, Front/Frontage: The front of a lot shall be considered to be that boundary abutting a public right-of-way having the least width. If the lot is a Flag Lot or obtains access by an easement, the front shall be the side from which access is gained, except when a future road is planned to traverse or lie adjacent to the lot, the front shall be the side with the least width to adjoin the future road. (Ordinance 2013-04, adopted April 9, 2013) Lot Line: The property line bounding a lot, including any portion of the lot that may extend into the public right-of-way. Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot Width: Is the width measured at right angles to the depth at the building setback line. In the case of property abutting on a curved street, the frontage shall be measured on the arc at the building setback line. (Ordinance #3, November 9, 2010; Ordinance 2013-04, adopted April 9, 2013) Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. (Ordinance 2025-07, adopted September 9, 2025) Lower-potency Hemp Edible Manufacturer: A business with a lower-potency hemp edible manufacturer license from the OCM. (Ordinance 2025-07, adopted September 9, 2025)   Lower-potency Hemp Edible Retailer: A retail location with a lower-potency hemp edible retailer license from the OCM, including on-site consumption as allowed by the State of Minnesota regulations. (Ordinance 2025-07, adopted September 9, 2025) Major Recreational Equipment: shall include, but not be limited to: travel trailers, converted busses, coaches, pickup campers, campers, motorized dwellings, race cars, and dune buggies. It shall not include vehicles which are used predominantly for domestic or employment-related transportation. (Ordinance # 5, October 12, 1993) Manufactured Home: Means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or when erected on site, is nine hundred sixty (960) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected by the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meet all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under Minnesota Statutes 327 including the Manufactured Home Building Code adopted therein. Measured Distances: All measured distances shall be to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be used. Mining: Mine or mining shall mean an area or activity where the topsoil or overburden has been removed for the purpose of extracting earthly deposits or minerals and shall also mean the stockpiling, storage, and processing of sand, gravel, black dirt, clay and other minerals or as defined in the City Code regarding mining activities. Mobile Home: Is a dwelling capable of being transported by the provision of wheels or on a flatbed truck. A travel trailer or other recreational vehicle shall be considered as a mobile home if occupied. It is the intention of the City Council that this definition shall include mobile homes as defined in Section 327.14, subdivision 2 of Minnesota Statutes. A mobile home as defined in this Chapter shall not be construed to include modular homes and/or prefabricated homes. (Ordinance #3, adopted November 9, 2010) Motor Fuel Facility: A place where gasoline, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including major automobile repairs. (Ordinance #38, adopted October 11, 2011) Non-Conforming Structure: Is a structure built, moved, designed, converted, or adopted for a use prior to the adoption of provisions prohibiting such use or locations.   Nursing Home: A state licensed facility or that part of a facility which provides nursing care pursuant to Minnesota statutes chapter 144A.01. (Ordinance 2013-09, adopted December 10, 2013) Occupancy or Use: The purpose for which a building is designated or intended to be used or for which it is occupied, utilized or maintained. The term shall also include the building or room housing such use. Change of occupancy is not intended to include a change of tenants or proprietors. Office of Cannabis Management (OCM): the State of Minnesota Office of Cannabis Management. (Ordinance 2025-07, adopted September 9, 2025) Open Sales Lot (Exterior Storage): Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise and for the storing of same under the open sky prior to sale. Outdoor Club Recreation: Private and semi-private recreational uses of a non- invasive nature operated under not-for-profit conditions; excluding golf courses, miniature golf, driving ranges, batting cages, and similar commercial uses. (Ordinance 2014-08, adopted September 9, 2014) Parapet: A low protective wall along the edge of a roof, bridge, or balcony. (Ord 2022- 02, adopted August 11, 2022) Parcel: Is a separate tract of land, including a lot, having specific boundaries capable of being conveyed and recorded. Parcel of Record: Is any parcel of land which individually or as part of a subdivision, has been recorded in the office of the County Recorder, as of the effective date of this Chapter. Part-time: Employees who are hired to work 32 hours or less per week. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. (Ordinance 2025-07, adopted September 9, 2025) Planning & Zoning Commission : The Planning and Zoning Commission of the City of Nowthen thereinafter referred to as the Planning & Zoning Commission. Principal Building: In a residential district it is the primary dwelling building on a lot or parcel of land and shall include an attached garage. In a commercial district it is the main or primary building on a lot.   Recreation, Commercial: A privately owned business offering recreational facilities, services, or equipment for a fee, including, but not limited to mini golf course, driving range, theaters, bowling alleys, boat launches, etc. Also includes the sale and service of recreational equipment such as snowmobiles, boats, campers, etc. (Ordinance #3, November 9, 2010) Residential Property: Shall include all properties used for residential purposes and which shall be occupied by residential dwellings. (Ordinance #5, October 12, 1993; Ordinance 2013-04, adopted April 9, 2013) Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. Residential Treatment Facility, State Licensed: Any program, defined by Minnesota statutes section 245A.02, subdivision 14, that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner of the department of human services to provide services for five (5) or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four (4) or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner of the department of human services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under Minnesota statutes 254B. Residential programs include home and community based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home. (Ordinance 2013-09, adopted December 10, 2013) Retail Registration: An approved registration issued by the City (unless delegated to the County) for a state licensed cannabis retail business. (Ordinance 2025-07, adopted September 9, 2025) Saw Mill: A mill where lumber is processed and sold for commercial uses. (Ordinance #3, adopted November 9, 2010) School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. (Ordinance 2025-07, adopted September 9, 2025) Semi-trailer: means a vehicle of the truck type designed and used in conjunction with the truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor,   semi-trailer combination. (Ordinance #5, October 12, 1993) Sign Related: A. Balloon Sign: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four inches (24") in diameter. B. Banner Sign: A strip of fabric, cloth, vinyl, plastic or other material upon which a sign is displayed. Changeable Copy Sign: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. C. Canopy Sign: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. D. Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. E. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. F. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. G. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information,   defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. H. Flag: Any fabric, usually rectangular, of distinctive design that is used as a symbol, signaling device, sign, or decoration. I. Flashing Sign: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. J. Freestanding Sign: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. K. Marquee Sign: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. L. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. M. Noncommercial Speech: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. N. Off-Premises Sign: A commercial speech sign, including billboards, which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of the sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. D. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.   P. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Q. Roof Sign: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. R. Rotating Sign: A sign or portion of a sign which turns about on an axis. S. Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image. T. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. U. Sign face: The surface of the sign upon, against, or through which the message of the sign is exhibited. V. Sign Structure: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. W. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. X. Wall Sign: Any building sign attached parallel to, but within two feet (2') of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Y. Window Sign: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. (Ordinance #38, adopted October 11, 2011)   Special Mobile Equipment: means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus, moving dollies, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors, other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, power shovels, drag lines, self- propelled cranes, and earth-moving equipment. (Ordinance #5, October 12, 1993) Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is permanently or temporarily supported on the ground. Structural Alteration: Any change, other than incidental repairs, which would prolong the life of/or change the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations. Temporary Structure: A structure made of fabric, plastic, or other light material, which is intended to provide a minimal amount of protection for a period of time not to exceed six (6) months in any calendar year. Tower: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above ground. This definition shall not apply to any radio tower which is used for commercial broadcasting purposes and is more than two hundred (200) feet in height. (Ordinance #3, November 9, 2010) Truck: means any motor vehicle designed, used, or maintained primarily for the transportation of property and not for the carrying of passengers. Truck-tractor: means any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (Ordinance #5, October 12, 1993) Uses (classification of): A. Accessory use: A use subordinate to the principal use of a building servicing a purpose incidental thereto. An accessory use shall be allowed as a matter of right. B. Conditional use: Certain uses, while normally not suitable in a particular zoning district due to nuisance characteristics or incompatibility with permitted uses, are suitable under special circumstances. C. Interim use: An Interim Use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.   D. Non-conforming use: Is any building, structure, or land lawfully occupied by an actual and active use established prior to the effective date of this Chapter or amendments thereto which is not allowed under the provisions of this Chapter in the district in which it is located. E. Permitted use: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations. (Ordinance #3, adopted November 9, 2010) Variance: A modification of or variation from the provisions of this Chapter consistent with the Minnesota Statues 462.357 as applied to a specific property and granted pursuant to the standards and procedures of this Chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited. (Ordnance #39, adopted December 13, 2011) Wetland Related: (Ordinance 2013-04, adopted April 9, 2013) A. Accelerated Erosion: Erosion caused by development activities that exceed the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. B. Applicant: A property owner or agent of a property owner who has filed an application for a permit. C. Building: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than one hundred twenty (120) square feet of area. D. Channel: A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. E. Dedication: The deliberate appropriation of property by its owner for general public use. F. Developer: A person who undertakes land disturbance activities. G. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. H. Fee-in-Lieu: A payment of money in place of meeting all or part of the storm water performance standards required by this ordinance. I. Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the   specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. J. Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc). K. Land Disturbing Activity: Any activity, which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity, which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. L. Nonpoint Source Pollution: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. M. 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 USC '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. N. On-Site Management: A stormwater management measure located within the subject property boundary described in the permit application for land development activity. O. Recharge: The replenishment of underground water reserves. P. Site Development Permit: The permit issued by the municipality for which the purpose is construction or alteration of ground. Q. Stop-Work Order: An order issued which requires that all construction activity on a site be stopped. R. Stormwater Management: The use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. S. Stormwater Management Plan: The hydrologic analysis report and drainage area map(s) that provides the pre-development and post-development hydrologic site conditions. T. Stormwater Runoff: Flow on the surface of the ground, resulting from precipitation.   U. Wetland: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (Ordinance 2013-04, adopted April 9, 2013) Zoning: Is a plan implementation tool designed to reserve specific areas within the City for specific types of land uses. Limitations may be placed on the land, structures, or use, as specified under the terms of this Chapter. Zoning Administrator: The duly appointed officer(s) charged with the administration and enforcement of this Chapter, including the City Clerk, City Planner and Building Official. (Ordinance 2013-04, adopted April 9, 2013) Zoning Amendment: A change authorized by the governing body, either in the allowed use within a district, or in the boundaries of a district. Zoning District: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. (Ordinance #3, adopted November 9, 2010) 11-2-3: INCORPORATED BY REFERENCE: All other definitions included in Chapter 10 of the City Code (City of Nowthen Subdivision Ordinance) are included by reference as part of this Chapter. (Ordinance #3, adopted November 9, 2010)   # SECTION 3 DISTRICT PROVISIONS Section: 11-3-1 Purpose 11-3-2 Establishment of Districts 11-3-3 Official Zoning Map 11-3-4 CON -- Conservancy District 11-3-5 RRA -- Rural Residential Agriculture District 11-3-6 RRT-Rural Residential Transition District 11-3-7 LTA -- Long Term Agriculture District 11-3-8 C-1 -- Commercial District 11-3-9 I-1 -- Industrial District 11-3-10 Shoreland District 11-3-11 Floodplain District 11-3-12 Planned Unit Development

Ch.11 § 1-1

Amendment history