Subd. 1. Protecting the public health, safety, morals, comfort, convenience and general welfare.

Subd. 2. Promoting orderly development of the residential, commercial, industrial, recreational, and public areas.

Subd. 3. Conserving the natural and scenic beauty and attractiveness of the City.

Subd. 5. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City.

Subd. 1. The singular number includes the plural and the plural the singular.

Subd. 2. The present tense includes the past and future tenses, and the future the present.

Subd. 3. The word "shall" is mandatory, and the word "may" is permissive.

Subd. 4. The masculine gender includes the feminine and neuter genders.

Subd. 5. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition.

Subd. 6. All measured distances expressed in feet shall be to the nearest tenth of a foot. In event of conflicting provisions, the more restrictive provision shall apply.

Subd. 1. Accessory Building. An accessory building shall be considered to be an integral part of the principal structure unless it is five (5) feet or more from the principal structure or use and providing that the structure exceeds 120 square feet. Accessory shed, as defined in this section, shall not be classified as an accessory building. (ORD. 06-2007, 5/27/07)

Subd. 2. Accessory Outdoor Retail Uses. Exterior retail sales that shall be enclosed by walls, fencing or other suitable material. Such uses shall be an accessory to the principal retail structure and shall not exceed 20% of the floor area of the principal structure. (ORD. 41-1990, 3-26-90)

Subd. 3. Accessory Shed.  A one-story detached accessory structure, used as a tool and storage shed, playhouse, and similar use, provided the floor area does not exceed 120 square feet. (ORD. 06-2007, 5/27/07)

Subd. 4. Administrator. The duly appointed person charged with enforcement of this Ordinance.

Subd. 5. Alley. A public right-of-way which affords a secondary means of access to abutting property. Alleys do not include fire lanes.

Subd. 6. Automobile Repair, Major. The general repair, rebuilding, or reconditioning of engines, motor vehicles or trailer, including body work, frame work, and major painting service.

Subd. 7. Automobile Repair, Minor. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.

Subd. 8. Basement. A portion of a building located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Subd. 9. Bluff. Topographic feature such as a hill, cliff, or embankment having all of the following characteristics:

An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of a bluff.

Subd. 10. Bluff Impact Zone. An area including a bluff and land located within 20 feet from the top of the bluff.

Subd. 11. Bluffline. A line along the top of a slope connecting the points at which the slope becomes less than 12%. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water mark.

Subd. 12. Boarding house (Rooming or Lodging House). A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed twenty persons.

Subd. 13. Building. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind.

Subd. 14. Building Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

Subd. 15. Building Line. A line parallel to the street right-of-way or the ordinary high water level at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line or ordinary high water level.

Subd. 16. Building Setback. The minimum horizontal distance between the building foundation wall and a lot line.

Subd. 17. Business. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

Subd. 18. Carport. An automobile shelter having one or more sides open.

Subd. 19. Car Wash, Coin Operated Self-service. A coin operated, self-service car wash is defined as a car wash where a person washes the car themselves after depositing a coin in a machine for the use of water.

Subd. 20. Car Wash, Automatic Drive-through. An automatic drive-through is defined as a car wash where the person drives the car through the wash and machines clean the car.

Subd. 21. Car Wash, Automatic Conveyor. An automatic conveyor is defined as a car wash where the car is attached to a conveyor and proceeds through the line and is washed by machines and men.

Subd. 22. Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Subd. 23. Clear-cutting. The removal of an entire stand of vegetation.

Subd. 24. Commercial Recreation. Recreational facilities such as bowling alleys, tennis courts, race tracks, etc., constructed and operated for profit, by private enterprise.

Subd. 25. Commercial Use. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

Subd. 26. Conditional Use. A use under the Mound Code of Ordinances requiring the approval and issuance of a conditional use permit.

Subd. 27. Clustering/Cluster Housing. The development of a pattern or technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.

Subd. 28. Commissioner. Commissioner of the Department of Natural Resources.

Subd. 29. Community Residential Facility. A State licensed group home or foster home serving mentally retarded or physically handicapped persons.

Subd. 30. Comprehensive Plan or Policies. A compilation of 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, as defined in the Metropolitan Land Planning Act and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Subd. 31. Conditional Use Permit. A permit specially and individually granted by the Council after public hearing thereon by the Commission for any conditional use so permitted in any use district, and is designed to meet the problem which arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may present.

Subd. 32. Condominium. A form of individual ownership with a multi-family and/or commercial building with joint responsibility for maintenance and repairs. In a condominium, each apartment, townhouse or business unit is owned outright by its occupant, and each occupant owns a share of the land and other common property of the building.

Subd. 33. Consignment Shops. Small scale retail shops selling new goods on consignment. Goods shall be limited to hand made craft items consisting of clothing, soft good and/or furniture accessories.

Subd. 34. Cooperative. A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.

Subd. 35. County Board. Hennepin County Board of Commissioners.

Subd. 36. Curb Level. The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this Ordinance.

Subd. 37. Deck. A platform supported by an open system of posts, beams and other structural elements.

Subd. 38. Drive-In. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building.

Subd. 39. Dwelling Unit. A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes.

Subd. 40. Dwelling Attached. A dwelling that is joined to another dwelling at one or more sides by a party wall or walls.

Subd. 41. Dwelling Detached. A dwelling that is entirely surrounded by open space on the same lot.

Subd. 42. Dwelling, Single Family. A building designed exclusively for and occupied exclusively by one (1) family.

Subd. 43. Dwelling, Two Family. A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of each other with both units located on a single parcel of record.

Subd. 44. Dwelling, Twin Home. A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of each other with each unit located on a separate, single parcel of record, with the party wall separating the units acting as a dividing lot line.

Subd. 45. Dwelling, Townhouse. A building designed exclusively for or occupied exclusively for between three (3) and six (6) families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances. Each dwelling unit must be separated from other dwelling units by a fire wall or walls extending from foundation through the roof with no openings. Each dwelling unit shall have a totally exposed front and rear wall to be used for entry, light, and ventilation.

Subd. 46. Dwelling, Multiple Family. A building designed exclusively for or occupied exclusively by three (3) or more families living independently of each other.

Subd. 47. Easement. A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes.

Subd. 48. Essential Services. Overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including buildings.

Subd. 48A. Essential Service Building. Any building or similar structure designed and constructed to house or serve an Essential Service or Public Utility and necessary for the operation or maintenance thereof. The term includes, without limitation, publicly owned water well houses, sewer lift stations, and water towers.

Subd. 49. Exterior Storage (Includes Open Storage). The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Subd. 50. Family. One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this Ordinance.

Subd. 51. Fence. A fence is defined for the purpose of this Ordinance as any partition structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard.

Subd. 52. Fire Lane. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka, Dutch Lake or Lake Langdon from an intersecting platted or dedicated public right-of-way.

Subd. 53. Floor Area. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production or processing goods, or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities; the production or processing of goods, or to business or professional offices.

Subd. 54. Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located.

Subd. 55. Floor Plan, General. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as a construction plan.

Subd. 56. Forest Land Conversion. Clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest stand.

Subd. 57. Frontage. That boundary of a lot which abuts an existing or dedicated public street.

Subd. 58. Garage, Private. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.

Subd. 59. Governing Body. Mound City Council.

Subd. 60. Group Home, Residential. A building or structure where persons reside for purposes of rehabilitation, treatment, or special care, and which is not a Community Residential Facility as defined herein. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency.

Subd. 61. Hardship. Hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the ordinance.

Subd. 62. Highway. Any public thoroughfare or vehicular right-of-way with a Federal or State numerical route designations; any public thoroughfare or vehicular right-of-way with a Hennepin County numerical route designation.

Subd. 63. Home Occupations. Home occupations which shall be defined to mean any occupation or profession of a service character which is clearly secondary to the main use of the structure as a single family private dwelling and does not change the character thereof. Any activity resulting in noise, fumes, traffic, light or odor to such an extent that it is noticeable that the property is being used for non-residential purposes shall not constitute a home occupation. The use shall be confined to one room within the principal structure; shall be engaged in only by persons residing in the dwelling; and shall not have special parking, lighting, advertising, or other facilities which would indicate its use for purposes other than as a single family, private dwelling.

Subd. 64. Hotel. A building that provides a common entrance, lobby, halls and stairway and in which twenty or more people are, for compensation lodged with or without meals.

Subd. 65. Impervious Cover. Any surface impervious or resistant to the free flow of water or surface moisture. Impervious cover shall include but not be limited to all driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. (ORD. 69-1994, 8-29-94)

Subd. 66. Improved Public Street. Public right-of-way or private right-of-way approved pursuant to the requirements of the City, containing a bituminous or concrete surfaced roadway.

Subd. 67. Industrial Use. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items.

Subd. 68. Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

Subd. 69. Kennel, Animal. Any place where more than three of any single type of domestic animals, over six months of age, are owned, boarded, bred, or offered for sale, but not including livestock in relation to a farm.

Subd. 70. Landscaping. Planting such as trees, grass, and shrubs.

Subd. 71. Lock Box. A structure accommodating the storage of boat and beach equipment, not exceeding twenty (20) square feet in total floor area and four (4) feet in height.

Subd. 72. Lodging Room. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room that provides sleeping accommodations shall be counted as one lodging room.

Subd. 73. Lot. A parcel of land, abutting on a public street or having legal access to a public street, being a lot designated in a recorded plat or a division, or being a parcel of record of sufficient size to provide the yards required by this Ordinance.

Subd. 74. Lot, Corner. A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees.

Subd. 75. Lot, Lakeshore. A lot abutting public waters or abutting public lands abutting public waters with the exception of designated parks.

Subd. 76. Lot, Substandard. A lot of record that does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance.

Subd. 77. Lot, Through. A lot which has a pair of opposite lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this Ordinance.

Subd. 78. Lot Area, Minimum. The area of a lot in a horizontal plane bounded by the lot lines, but not including any area below the ordinary High Water level as determined by the City of Mound or Department of Natural Resources. (Ordinary High Water Level for major lakes in Mound: Lake Minnetonka = 929.4; Dutch Lake = 939.2; Lake Langdon = 932.1).(ORD. 09-2001, 9/23/01)

Subd. 79. Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot.

Subd. 80. Lot Line. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the lot line shall be deemed to be the boundary of said public street right-of-way for the purpose of applying this Ordinance.  This exception does not apply to any additional public street right-of-way obtained following the initial establishment of the street. (ORD. 15-2005, 9/4/05)

Subd. 81. Lot Line Front. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the City Council.

Subd. 82. Lot Line Rear. That boundary of a lot that is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line twenty feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

Subd. 83. Lot Line Side. Any boundary of a lot that is not a front lot line or a rear lot line.

Subd. 84. Lot of Record. Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or Registrar of Titles; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds or Registrar of Titles, in accordance with subdivision regulations and zoning ordinances of the City in effect at the time of said conveyance.

Subd. 85. Lot Width. The maximum horizontal distance between the side lot lines of a lot measured at the setback line.

Subd. 86. Metes and Bounds. A method of property description by means of their direction and distance from an easily identifiable point.

Subd. 86B.  Membrane Structure.  A structure usually consisting of an aluminum, steel or plastic frame which is covered with a plastic, fabric, canvas or similar non-permanent material and is used to provide storage of vehicles, boats, recreational vehicles or other personal property.  The term shall also apply to structures commonly known as hoop houses, canopy-covered carports and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public water.

Subd. 87. Motel. A building or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of automobile travelers.

Subd. 88. Motor Fuel Station. A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement of items, washing and lubrication services; and the performance of minor automotive maintenance and repair.

Subd. 89. Motor Fuel Station, Convenience Store. A store operated in conjunction with a motor fuel station for the purpose of offering for sale goods not essential to the motoring public.

Subd. 90. Non-conformity. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. Non-conformities shall also include parcels or structures that have received variances.

Subd. 91. Nursery, Landscape. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.

Subd. 92. Nursing Home. A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the State Board of Health as provided for in Minnesota Statutes, Section 144.50.

Subd. 93. Obstruction. Any dam, wall, wharf, embankment, levee, dike pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area 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, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Subd. 94. Off-Street Loading Space. A space accessible from a street, alley or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate one vehicle of the type typically used in the particular business.

Subd. 95. Open Sales Lot (Exterior storage). Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale.

Subd. 96. Ordinary High Water Level (OHWL). A level delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. The ordinary high water level for the lakes located in the City of Mound are as follows: Lake Minnetonka = 929.4, Langdon Lake = 932.1, and Dutch Lake = 939.2. (ORD. #69-1994, 8-29-94)

Subd. 97. Parking Space. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.

Subd. 98. Pedestrian way. A public or private right-of-way across or within a block, to be used by pedestrians.

Subd. 99. Performance Standard. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in use of land or buildings.

Subd. 100. Planning Commission. The Planning Commission of the City of Mound.

Subd. 101. Principal Structure or Use. One which determines the predominant use as contrasted to accessory use of structure.

Subd. 102. Private Schools. Schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in grades K-12 or any portion thereof, provided they do not include boarding or residential facilities.

Subd. 103. Property Line. The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like.

Subd. 104. Protective Covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

Subd. 105. Public Land. Land owned or operated by municipal, school district, county, state or other governmental units.

Subd. 106. Public Waters. Waters as defined in Minnesota Statutes, Section 103G.006, Subdivision 15, as amended. Lakes, ponds or flowage of less than 10 acres shall not be considered public waters.

Subd. 107. Recreation, Public. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

Subd. 108. Recreational Equipment. Play apparatus such as swing sets and slides, sandboxes, picnic tables, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. (ORD. #8, 9-21-87)

Subd. 109. Recreational Vehicles. Recreational vehicles shall include, but not be limited to, automobiles, boats, boat trailers, travel trailers, general purpose trailers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. (ORD. #8, 9-21-87)

Subd. 110. Registered Land Survey. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47.

Subd. 111. Regulatory Flood Protection Elevation. An elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from a change in the designation of a floodway. The Regulatory Flood Protection Elevation for each lake is as follows: Lake Minnetonka = 933.0; Dutch Lake = 942.0; and Lake Langdon = 937.0.

Subd. 112. Restaurants (Class I) - Traditional Restaurant. Food served and consumed by customers while seated at a counter or table. Cafeteria - food selected by customers while going through a serving line and taken to a table for consumption.

Subd. 113. Restaurants (Class II) - Fast Food, Convenience and Drive- In. Restaurants where a majority of customers order and are served their food at a counter in packages prepared to leave the premises; or able to be taken to a table, counter, or automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served.

Subd. 114. Restaurants (Class III) - Liquor Service Restaurants. Restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis.

Subd. 115. Restaurants (Class IV) – 3.2 Malt Liquor Service Restaurants. Restaurants where food, 3.2 malt liquor and set-ups are served and consumed by customers while seated at a counter or table.

Subd. 116. Retail Business. Stores and shops selling household goods over the counter.

Subd. 117. Road. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads.

Subd. 118. Selective Cutting. The removal of single scattered trees.

Subd. 118B. Semi-Public Use. The principal use of land or buildings involving the assembly or congregation of the general public in facilities that are owned either privately or by institutions. Such uses include churches, fraternal organizations, museums, etc. (ORD. #69-1994, 8-29-94)

Subd. 119. Service Shops. Consumer oriented retail businesses offering repair and maintenance services for normal household goods and commodities. Service shops shall include but not be limited to tailors, shoe repair, and repair of small appliances, lawn and garden equipment, and tools.

Subd. 120. 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.

Subd. 121. Shoreland. Land located within 1000 feet of the ordinary high water level of a lake, pond or flowage. 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 Minnesota Department of Natural Resources.

Subd. 122. Shoreland Setback. The minimum horizontal distance between a structure and the ordinary high water level.

Subd. 123. Significant Historic Site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of 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 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 significant historic sites.

Subd. 124. Steep Slope. Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Subd. 125. Street. A public right-of-way which affords primary means of access to abutting property, and shall also include avenues, highways, roads, or ways.

Subd. 126. Street, Collector. A street that serves or is designed to serve as a traffic-way for a neighborhood or as a feeder to a major road.

Subd. 127. Street, Major or Thoroughfare. A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Subd. 128. Street, Local. A street intended to serve primarily as an access to abutting properties.

Subd. 129. Street Pavement. The wearing or exposed surface of the roadway used by vehicular traffic.

Subd. 130. Street Width. The width of right-of-way, measured at right angles to the centerline of the street.

Subd. 131. Story. That portion of a building included between the surface of any floor and the surface of the floor next above, the space between the floor and the ceiling next above.

Subd. 132. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except the following: (1) on-grade stairways and steps not exceeding 6 feet in width and landings connected to such stairways or steps not exceeding 6 feet in width and 6 feet in length; (2) boardwalks not exceeding 6 feet in width; (3) driveways not exceeding 20 feet in width; (4) sidewalks not exceeding 6 feet in width; and (5) retaining walls not exceeding 4 feet in height.

Subd. 133. Structural Alteration. Any change, other than incidental repairs, which would affect the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Subd. 134. Subdivision. A subdivision is the dividing of any parcel of land into two or more parcels.

Subd. 135. Surface Water-Oriented Commercial Use. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Examples include marinas and restaurants with transient docking facilities.

Subd. 136. Travel Trailer. A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "Trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Minnesota Building Code.

Subd. 137. Toe of the Bluff. The lower point of a 50 foot segment of a bluff with an average slope exceeding 18 percent.

Subd. 138. Top of the Bluff. The higher point of a 50 foot segment of a bluff with an average slope exceeding 18 percent.

&#Subd. 139. Use. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.

Subd. 140. Use, Accessory. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

Subd. 141. Use, Conditional. See definition for Conditional Use.

Subd. 142. Use, Non-Conforming. Use of land, buildings or structures legally existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located.

Subd. 143. Use, Permitted. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.

Subd. 144. Use, Principal. The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional.

Subd. 145. Variance. A modification or variation of the provisions of this Ordinance where it is determined that by reason of special and unusual circumstances unique to the individual property under consideration, strict application of the Ordinance would cause an undue or unnecessary hardship, or that strict conformity with the provisions of this Ordinance would be unreasonable, and granting a variance would be in keeping with the spirit and intent of the Ordinance.

Subd. 146. Water-Oriented Accessory Structure or Facility. An at-grade deck or lock box that reasonably needs to be located closer to public waters than the normal structure setback. Stairways, fences, docks and retaining walls are not considered water-oriented accessory structures or facilities.

Subd. 147. Wetland. Land which is annually subjected to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh.

Subd. 148. Yard. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Subd. 149. Yard, Front. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located.

Subd. 150. Yard, Rear. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Subd. 151. Yard, Side. The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

Subd. 152. Zoning Amendment. A change authorized by the City either in the allowed use within a district or in the boundaries of a district.

Subd. 153. Zoning District. An area or areas within the limits of the City for which the regulations and requirements governing use are uniform.

Subd. 1. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

Subd. 2. Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

Subd. 3. Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this Ordinance.

Subd. 1. If any court of competent jurisdiction shall adjudge any provisions of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment.

Subd. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building or structure, such judgment shall not affect other property, buildings, or structures.

Subd. 2. It has frontage on an improved public right-of-way.

Subd. 3. It was under separate ownership from abutting lands upon or prior to the effective date of this Ordinance.

Subd. 1. Any structure or use lawfully existing upon the effective date of this Chapter may be continued at the size and in a manner of operation existing upon such date.

Subd. 2. Nothing in this Chapter shall prevent restoring of a structure to safe condition when said structure is declared unsafe by the City, providing further that the necessary repairs shall not constitute more than 50% of the fair market value of such structure.

Subd. 3. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.

Subd. 4. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is 50 percent or more of its fair market value as shown on the assessor's records at the time of damage in which case the whole thereof shall be demolished and any construction thereafter shall be for a use in accordance with the provisions of this Ordinance.

Subd. 5. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Chapter.

Subd. 6. A lawful non-conforming use of a structure or parcel of land may be changed to a similar non-conforming use or to a more restrictive non-conforming use. Some non-conforming uses are permitted by conditional use permits. Once a structure or parcel of land has been placed in a more restrictive non-conforming use, it shall not return to a less restrictive non-conforming use.

Subd. 7. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations that do not extend or intensify the non-conforming use.

Subd. 8. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units, with the recommendation and approval of the City Council.

Subd. 9. Non-conforming principal and accessory structures may be expanded, enlarged, or modified, or conforming structures could be added provided that the use of the parcel is conforming to district regulations, and provided that the expansion, enlargement, or modification meets the current zoning regulations and no other non-conformities are created. In the event that a non-conforming structure is removed, razed, or demolished, all newly proposed construction must meet current zoning regulations. ORD. #103-1999, 8-9-99)

Subd. 1. No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory.

Subd. 2. No accessory building shall exceed the height of the principal building in the "R" Districts.

Subd. 3. In Residential Districts, accessory buildings shall be permitted providing that they comply with the regulations found in the District Provisions Section of this Ordinance.

Subd. 4. In Commercial and Industrial Districts all accessory building setbacks shall equal the principal building setback requirements.

Subd. 5. Accessory Residential Building Setback Requirements:

Subd. 7. Sheds and other buildings less than 120 square feet in floor area shall be subject to a 50 foot setback from the ordinary high water line of all lakes. Such structures shall also be subject to accessory building setbacks.

Subd. 8. Membrane Structures. 

                  A.  Permit procedure.  No person shall place a membrane structure on private property without first obtaining a permit from the City.  Failure to obtain a permit shall be considered to be a violation of the City Code and subject to the penalties defined therein.

                   B.  Fee.  The permit fee shall be determined by the City Council as set forth in City Code Chapter 380.

                   C.  Special Provisions.

                       (1)  Membrane-covered buildings shall be permitted uses in all residential, commercial and industrial districts and shall be neutral colored (i.e. dark green, tan, brown, etc.)

                       (2)  There shall be no more than one (1) membrane structure per property and such structure shall not exceed 400 square feet.

                       (3)  Privately owned membrane structures shall not be placed on public property or in a location which obstructs traffic visibility.

                       (4)  Membrane structure located in commercial and industrial districts shall be placed a minimum setback of three (3) feet on all sides.

                       (5)  Membrane structures shall also be included in hardcover calculations.

                       (6)  Membrane structures shall be adequately anchored and/or secured to the ground.

                       (7)  Membrane structures located in residential zoning districts shall meet the appropriate setbacks for accessory buildings as set forth in the Zoning Ordinance.  (ORD. 02-2004, 6/6/04) (ORD. 03-2005, 2/6/05)

Subd. 1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.

Subd. 2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

Subd. 3. The following shall not be considered to be encroachments on yard requirements.

Subd. 4. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured.

Subd. 5. Corner Lots. Lots which abut on more than one street shall provide the required front yards along every street except for lots of record which shall provide a side yard setback abutting the street based on the lot width as follows:

Subd. 6. Where adjoining structures existing on the effective date of this Ordinance have a shorter setback from that required, the front setback of a new structure shall conform to the average of the setback observed by the adjoining houses on either side, but not closer than twenty (20) feet.

Subd. 7. In all districts, structures shall be fifty (50) feet or more from the ordinary high water mark. No structure, except piers and docks, shall be placed at an elevation such that the lowest floor, including basement floors, is less than the Regulatory Flood Protection Elevation.

Subd. 8. No building permit shall be issued for any lot or parcel which does not abut a dedicated, improved public street.

Subd. 9. In residential districts, street frontages created by the existence of fire lanes having a width not exceeding 15 feet shall be considered side yards or rear yards, as appropriate, and subject to applicable district setbacks.

Subd. 10. In residential districts, street frontages created by the existence of alleys, such alleys having a total width not exceeding 15 feet, shall be considered side yards or rear yards, as appropriate, and subject to applicable district setbacks.

Subd. 11. In residential districts, unimproved street frontages having a width exceeding (15) feet, shall be considered side yards or rear yards, as appropriate.  The minimum side setback shall be (10) feet. (ORD. 15-2005, 9/4/05)

Subd. 1. Access drives shall be no closer than one (1) foot to any side or rear lot line and shall be a hard surface as approved by the City Engineer and in accordance with City Code 350.130, Subd. 13.

Subd. 2. The number and types of access drives onto major streets shall be limited to a single access unless approved by the City Engineer.

Subd. 3. Access drives onto county roads shall require a review by the County Engineer. The County Engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

Subd. 4. Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The City of Mound  shall review all access drives (driveways) for compliance with accepted community access drive standards. All driveways shall have a minimum width of ten (10) feet and a maximum width of 24 feet with a pavement strength capable of supporting any emergency vehicles.

Subd. 5. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from an existing dedicated improved public roadway.

(ORD. 07-2006, 3/26/06)

Subd. 1. Single Family Detached Dwellings 840 sq. ft. per dwelling

Subd. 2. Two Family Dwellings 800 sq. ft. per dwelling

Subd. 3. Twin Home Dwellings 840 sq. ft. per dwelling

Subd. 5. Multiple Family Dwellings:

Subd. 1. Essential services and public utilities, except buildings, shall be permitted as authorized and regulated by State law and the City Code, it being the intention that such are exempt from the application of this Chapter when located within public easements.

Subd. 2. Essential Service Buildings. Essential Service Buildings are not subject to the lot area, lot width, coverage and setback requirements contained in this Chapter. Essential Service Buildings are conditional uses in all districts; and may not be constructed or substantially renovated unless a conditional use permit is issued in accordance with the provisions of this Chapter. The City may place design, size, location and coverage restrictions on any conditional use permit, and may require that the coverage and setbacks conform as close as practical to those otherwise required in the district. (ORD. 14-2002, 7/7/02)

Subd. 1. Purpose (PDA). The purpose of this section of the zoning code is to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City.

Subd. 2. Standards and Regulations for Planned Development Areas (PDA). The owner or owners of any tract or tracts of land in the residential district may submit to the City Council for approval, a plan for the use and development of such a tract of land as PDA by making application for a Conditional Use Permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirements of the use district within which the land is located except as hereinafter modified.

Subd. 4. The density in the plan shall not exceed the maximum for the zoning district.

Subd. 5. All housing types included as permitted uses in the residential districts may be included in the PDA. Each lot as shown on the plan shall have indicated on it the maximum number of dwelling units to be permitted within a single building.

Subd. 6. Open space and park land dedication or cash in lieu thereof pursuant to the requirements of Subsection 330.120 of the City Code shall be required. The land that is to be set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of the areas not dedicated and accepted by the City shall be required.

Subd. 7. The concept of cluster platting or zero lot line development will be reflected by the PDA and must be shown on the plan and subject to all conditions imposed by the Conditional Use Permit.

Subd. 8. No conveyance of property within the PDA shall take place until the property is platted in conformance with the City subdivision regulations and M.S.A. 462.358 or unless specifically waived by variance. All bylaws, Home Owner's Association Articles of Incorporation, and Protective Covenants must be approved by the City Attorney and filed with the record plat.

Subd. 9. Approval of a PDA Conditional Use Permit shall be by the City Council after recommendation by the City Planning Commission and all improvements required by Section 330 of the City Code shall be constructed by the developer at its sole cost. The applicant must provide the City with a surety bond or other financial guarantee to guarantee the construction of all improvements required in accordance with City specifications.

Subd. 10. The land utilized by public utilities, such as easements for major facilities, (electrical transmission lines, sewer lines, drainage easement and water mains), where such land is not available to the owner or developer for development because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots or density that may be created under the procedure described in this Ordinance.

Subd. 11. The maximum number of lots that may be approved shall be computed by subtracting, from the total gross acreage available for development under this Planned Development Area procedure, the actual amount of street right-of-way required and that land in Subd. 10 which is not available, and by dividing the remaining area by the minimum lot area requirements of the existing "R" district or districts in which the development is to be located.

Subd. 12. After approval of the Conditional Use Permit, the applicant, owner or developer, before commencing any work or obtaining any building permits shall make a minimum cash deposit of $100 per acre or any portion of an acre thereof. The Council shall establish the amount required for deposit at the time the PDA is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner, or developer. Engineering, Planning, and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as-built drawings and all other engineering services performed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing all documents described in Subd. 9 for the land being developed shall be charged to the aforementioned account and shall be credited to the City of Mound for the payment of these expenses.

If at any time it appears that a deficit will occur in any Developer's Escrow Account as determined by the City Manager, said officials shall recommend to the Council that an additional deposit is required and the Council may require that the applicant, owner, or developer shall deposit additional funds in the Developer's Escrow Account.

The City Manager or Clerk shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall, upon request, be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid.

Subd. 1. The residential property on which dockage is to be located and the commercial property served shall be in common ownership and shall be located within 300 feet of the property line of the commercial property.

Subd. 2. The mooring of boats at such dock shall be limited to a maximum of four hours.

Subd. 3. No gas, oil or other product may be sold from the dock and no servicing of boats will be permitted.

Subd. 4. One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size.

Subd. 5. Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall be provided so that persons docking will not trespass on private property or on any public property except for properly designated streets or sidewalks.

Subd. 6. The owner shall be required to meet and comply with all the standards and requirements of the Lake Minnetonka Conservation District.

Subd. 1. General Requirements - Fences.

Subd. 2. Construction and Maintenance - Fences.

Subd. 5. Shoreland District Lakeshore Setback Fences. Fences to be located within any portion of the fifty (50) foot principal structure lakeshore setback shall not exceed a maximum of three (3) feet in height and shall maintain a see-through visibility level equal to that of a chain-link type fence. All fence materials must be treated so as to blend with the natural surroundings of the setback area.

Subd. 1. Issue occupancy, building and other permits, and make and maintain records thereof.

Subd. 2. Conduct inspections of buildings and use of land to determine compliance with the terms of this Ordinance.

Subd. 3. Maintain permanent and current records of this Ordinance, including but not limited to: all maps, amendments, and special uses, variances, appeals and applications therefore.

Subd. 4. Receive, file, and forward all applications for appeals, variances, special uses or other matters to the designated official bodies.

Subd. 5. Institute in the name of the City, any appropriate actions or proceedings against a violator as provided for.

Subd. 6. Serve as an ex-officio non-voting member of the Planning Commission.

Subd. 1. The Board of Appeals and Adjustments shall be the City Council. The Planning Commission shall hear and advise the City Council of its findings and determinations.

Subd. 2. The Board of Adjustment and Appeals shall act upon all questions as they may arise in the administration of this Ordinance, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing the Ordinance. Such appeal may be taken by any person, firm or corporation aggrieved or by any officer, department, board or bureau of a town, municipality, county or state.

Subd. 3. The conditions for the issuance of a variance are as indicated in Subsection 350.530 of this Ordinance. No use variances (a use different from that permitted in the district) shall be issued by the Board of Adjustment and Appeals.

Subd. 4. Hearings of the Board of Adjustment and Appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The Board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney.

Subd. 5. The Board of Adjustment and Appeals may reverse or affirm wholly or partly or modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reasons for the Board's decision shall be stated.

Subd. 1. Criteria for Granting Zoning Amendments. The City Council may adopt amendments to the Zoning Ordinance and zoning map in relation both to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Plan or changes in conditions in the City.

Subd. 1. Criteria for Granting Conditional Use Permits. In granting a conditional use permit, the Mound City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable.

Subd. 2. Additional Conditions - Conditional Use Permits. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified by this Ordinance, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. The conditions may include, but are not limited to the following:

Subd. 1. Criteria for Granting Variances. A variance to the provisions of the Zoning Ordinance may be issued to provide relief to the landowner in those zones where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist:

Subd. 1. Purpose (R-1). The purpose of this district is to allow the continuation of existing residential development and the infill of existing lots in residential areas of the City where services are available.