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11.03 - Definitions §11.03 Section 11.o3: Definitions 1. Accessory Use or Structure: A use or structure (other than a garden structure) subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure except as provided for Essential Services. Source: Ordinance No. 433, 2nd Series Effective Date: 2-26-10 2. Adult Day Care Center: A facility licensed by the State of Minnesota that provides adult day care to functionally impaired adults on a regular basis for periods of less than twenty-four (24) hours a day in a setting other than a participant's home or the residence of the facility operator. Functionally impaired adult means an adult having a condition that includes 1) having substantial difficulty in carrying out one (1) or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; or 2) having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and 3) requiring support to maintain independence in the community. Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-01 3. Affected Persons: Any or all persons who own property located within five hundred (500) feet of the subject premises under zoning review. 4. Alley: A public or private way affording only secondary means of access to abutting property. 5. Apartment: A room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit. 6. Apartment Building: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. 7. Automobile Sales: An open or enclosed area (building or structure), other than a street, used for the display, sale, or rental, of new and used motor vehicles in operable condition. Golden Valley City Code Page 1 of 18 §11.03 8. Automobile Wrecking: The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. Source: Ordinance No. 585 Effective Date: 1-14-83 8.5. Average Grade: The average ground elevation of a house or structure taken at three (3) points along a building line facing a street. If the house or structure faces more than one (1) street, the average grade shall be for all sides facing the street. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 9. Basement: That portion of a building with at least three (3) walls having at least one-half (1/2) or more of their floor-to ceiling height underground. Source: Ordinance No. 585 Effective Date: 1-14-83 10. Brewery: An establishment licensed by the City for the manufacture of malt liquors, such as beer and ale, for sale in sealed containers for consumption off the premises. 11. Brewpub: A Class III Restaurant establishment, as defined in this Section, that is also licensed by the City to brew malt liquor, such as beer or ale, on site for sale and consumption on the premises, or for sale in sealed containers for consumption off the premises. Source: Ordinance No. 540, 2nd Series Effective Date: 1-30-15 12. Buildable Area: That area of a lot which is exclusive of all yards and within which the principal building must be constructed. Source: Ordinance No. 585 Effective Date: 1-14-83 13. Building: Any structure for the shelter or enclosure of persons, animals or property of any kind and when separated by dividing walls without openings, each portion of such buildings, so separated, shall be deemed a separate building. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 14. Building, Height: The vertical distance or height of a structure shall be measured from the average grade at the front building line (street side) to the average height of the highest pitched roof or the highest point of a flat roof structure. The grade or average grade of a lot is established at the time of subdivision approval by the City. If the grade or average grade was not established at the time of subdivision approval by the City, the City Manager or his/her designee shall establish the average grade prior to construction of the structure. In the case where a house or structure has been removed from Golden Valley City Code Page 2 of 18 §11.03 a lot for the construction of a new house or structure, the average grade for the new house or structure shall be no more than one (1) foot higher than the grade or average grade that existed for the house or structure that was removed. In the case of a corner lot, the average grade is taken from all sides of the house or structure facing the street. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 15. Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. 16. Car Wash: A building and/or premises used principally for washing and cleaning automobiles, using either manual or automatic production line methods. 17. Cemetery: Land used or intended to be used for the burial of human dead and dedicated as a "cemetery" for such purposes. Source: Ordinance No. 585 Effective Date: 1-14-83 18. Child Care Facilities: A service provided to the public in which children of school or pre-school age are cared for during established business hours. Source: Ordinance No. 712 Effective Date: 6-23-88 19. Church or Synagogue: The term includes the following: church, synagogue, rectory, parish house or similar building incidental to the principal use which is maintained and operated by an organized group for religious purposes. 20. Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises. 21. Club: A non-profit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. Source: Ordinance No. 585 Effective Date: 1-14-83 21.5 Cocktail Room: A facility accessory to a micro-distillery that is licensed by the City for the on-sale consumption of distilled spirits produced by the distiller pursuant to Minnesota Statute, Section 340A.22 Source: Ordinance No. 567 2nd Series Effective Date: 7-30-15 Golden Valley City Code Page 3 of 18 §11.03 22. Congregate Housing: Housing for the elderly and/or handicapped, providing at least one (1) prepared meal per day in a common dining room, and may also provide certain medical and social services over and above what might be in a standard elderly apartment complex. 23. Condominium: A form of individual ownership within a multi-family building, or office/business building, which entails joint responsibility for maintenance and repairs. 24. Convalescent Home (Extended Care): Any building or group of buildings providing personal assistance or nursing care for those dependent upon the services by reason of age or physical or mental impairment but not for the treatment of contagious diseases, addicts or mental illness, usually of a temporary duration. 25. Convenience Food Establishment: A place where food items (groceries, meats, etc.), beverages, and other retail items are sold along with hot or cold foods in or on disposable containers in individual servings for consumption on or off the premises. Such establishments do not include video games. 26. Cooperative (Housing): A multiple family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual ownership. 27. Court: A space, open and unobstructed to the sky, located at, above or below grade level on a lot and bounded on three (3) or more sides by walls of a building. 28. Day Care — Home: A family dwelling in which foster care, supervision and/or training for children, out of their own home, who are of school or pre-school age is provided during part of a day (less than 24 hours) with no overnight accommodations or facilities, and children are delivered and removed daily. The number to be cared for in one (1) day care home shall not exceed ten (10) children, including the family's own children (in accordance with M.S. 245.812 and M.S. 462.357 and all acts amendatory thereof). Source: Ordinance No. 585 Effective Date: 1-14-83 29. Day Care — Nursery: A service provided to the public in which more than ten (10) children of school or pre-school age are cared for during established business hours. No overnight facilities are provided. The children are delivered and removed daily. Source: Ordinance No. 609 Effective Date: 11-1-83 Golden Valley City Code Page 4 of 18 §11.03 30. Deck: An exterior floor system that exceeds twenty-five (25) square feet in floor area, has no roof structure, and is a minimum of eight (8) inches above grade at any point around its perimeter. Source: Ordinance No. 429, 2nd Series Effective Date: 2-19-10 31. Display Window: A window at street level, typically part of a storefront facade, used to display merchandise. Source: Ordinance No. 397, 2nd Series Effective Date: 6-6-08 31.5 Distillery: An establishment licensed by the State of Minnesota for the manufacture of distilled spirits in total quantity exceeding forty thousand (40,000) proof gallons in a calendar year. Source: Ordinance No. 567, 2nd Series Effective Date: 7-30-15 32. District: Any section of the City as shown on the Official City Zoning Map of the City of Golden Valley, for which the regulations governing the use of buildings and premises and the height and area of buildings are uniform. 33. Dwelling: Any building, or part thereof, which is designed or used exclusively for residential purposes of one (1) or more human beings, either permanently or transiently. 34. Dwelling, Single-Family: A building designed for or occupied by one (1) family and containing one (1) dwelling unit. Source: Ordinance No. 585 Effective Date: 1-14-83 35. Dwelling - Senior and Physical Disability Housing: A multiple dwelling building with open occupancy limited to disabled or handicapped persons and/or persons over fifty-five (55) years of age, except that no more than ten percent (10%) of the occupants (excluding disabled or handicapped persons), may be persons under fifty-five (55) years of age (spouse of a person over fifty-five (55) years of age or caretakers, etc.). Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 36. Dwelling, Two-Family: A building designed for or occupied by two (2) families and containing two (2) dwelling units. 37. Dwelling, Multiple: A building or portion thereof designed for or occupied by three (3) or more families and containing three (3) or more dwelling units. 38. Dwelling, Group: A group of two (2) or more detached dwellings located on a parcel of land in one (1) ownership and having any yard or court in common. Source: Ordinance No. 585 Effective Date: 1-14-83 Golden Valley City Code Page 5 of 18 §11.03 39. Dwelling Units: A single, secure dwelling space providing independent living facilities for one (1) or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 40. Drive-In Restaurant: Any eating establishment designed for the purchase of food or drink by persons in vehicles parked on the premises, including such facilities having a "drive-thru" window and/or limited seating capacity. Source: Ordinance No. 585 Effective Date: 1-14-83 41. Elderly (Senior Citizen) and Handicapped Housing: definition deleted. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 42. Essential Services: Structures or facilities owned by a government entity, a nonprofit organization, a corporation, or any other entity; and used in connection with the collection, delivery, generation, production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or water. Essential services shall be broken down into classes as follows: A. Class I: pipes or wires for cable television, electric power, gas, sewer, telephone lines or water services; together with supporting poles or structures and necessary related equipment; located within a public right-of-way or utility easement and in full conformance with any applicable local, state, or federal regulations. B. Class II: Public utility facilities completely enclosed within buildings not to exceed twelve (12) feet in height or six hundred (600) square feet in gross floor area. C. Class III: Peaking stations; substations; switching stations; and related equipment; and associated office or technical facilities for any of the preceding. Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 43. Family: One (1) or more persons each related to the other by blood, marriage, or adoption, or a group of not more than five (5) persons not all so related, maintaining a common household and using common cooking and kitchen facilities. 44. Floor Area, Gross: The sum of the gross horizontal areas of the floor(s) of such building or buildings measured from the exterior faces and exterior ells or from the center line of party walls separating two (2) buildings. Basements devoted to storage and space devoted to off-street parking shall not be included. Source: Ordinance No. 585 Effective Date: 1-14-83 Golden Valley City Code Page 6 of 18 §11.03 45. Foster Family Home: Family home licensed by the State of Minnesota to care for up to seven (7) children under eighteen (18) years of age (including the family's own children under eighteen (18) years of age). Source: Ordinance No. 653 Effective Date: 4-12-85 46. Garage, Private: An attached or detached accessory building designed or used for the storage of motor-driven vehicles not more than two (2) of which are owned by other than the occupants of the main building. 47. Garage, Repair: Any facilities for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junk yards. Source: Ordinance No. 585 Effective Date: 1-14-83 48. Garden Structure: A permanent outdoor fireplace or grill, or a free standing or attached structure such as a pergola or arbor (which serves a purpose customarily incidental to the principal structure with a primarily aesthetic purpose.) Source: Ordinance No. 433, 2nd Series Effective Date: 2-26-10 49. Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. For the purposes of this Chapter, "grade" shall be measured from the street side of a property to within five (5) feet of the building. 50. Green House: A glass or similar transparent, or translucent, structure used for the cultivation and protection of plants which cannot be grown outside during all seasons. Source: Ordinance No. 585 Effective Date: 1-14-83 51. Group Foster Family Home: A family home licensed by the State of Minnesota to care for up to ten (10) children under eighteen (18) years of age (including the family's own children under eighteen (18) years of age). Source: Ordinance No. 653 Effective Date: 4-12-85 52. Heliport: Any land and/or structure used or intended for use for the landing and take off of helicopters and any appurtenant land and/or structure used or intended for use for port buildings or other port structures or rights-of-way, which land and/or structures meet the requirements and regulations set forth by the Federal Aviation Administration and the Minnesota Department of Transportation as and for a helicopter facility. Source: Ordinance No. 643 Effective Date: 11-16-84 Golden Valley City Code Page 7 of 18 §11.03 53. Home Occupation: An accessory use of a dwelling, excluding an attached garage or other accessory building, which is conducted entirely within the dwelling by one (1) or more persons, all of whom must reside in the dwelling unit. (Day care facilities licensed by the State of Minnesota serving twelve (12) or fewer persons in accordance with Minnesota Statutes Annotated 245.812, Subdivision 3, are not considered a home occupation.) Source: Ordinance No. 669 Effective Date: 11-15-85 54. Hospital: An institution providing health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient department, training facilities, central service facilities, and staff offices which are an integral part of the facility. 55. Hotel: A building in which lodging with or without meals is provided and offered to transient guests and which accommodates more than ten (10) persons. Source: Ordinance No. 585 Effective Date: 1-14-83 56. Impervious Surface Area: Any surface that cannot be effectively penetrated by water, thereby resulting in run-off. Examples are pavement (asphalt, concrete), buildings, structures, driveways and roadways, parking lots and sidewalks. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 57. Institution: A building occupied by a corporation or a non-profit establishment for public use. 58. Junk Yard: A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled; including auto wrecking yards, house wrecking yards, and used material yards, but not including pawn shops, antique shops and places for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations. Source: Ordinance No. 585 Effective Date: 1-14-83 59. Kennel: Place where more than three (3) dogs are kept that are in excess of ninety (90) days of age. Source: Ordinance No. 669 Effective Date: 11-15-85 60. Kitchen: A kitchen shall be any room containing cabinets, shelves, countertops, and any two (2) of the following: a sink, a kitchen range, or refrigerator. Golden Valley City Code Page 8 of 18 §11.03 61. Kitchenette: A kitchenette shall be any room containing both an operable sink and a refrigerator measuring not more than six (6) cubic feet. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 62. Live-Work Unit: A dwelling unit in combination with a shop, office, studio, or other work space within the same building, where the resident occupant both lives and works. Source: Ordinance No. 397, 2nd Series Effective Date: 6-6-08 63. Lot: For zoning purposes a lot is a parcel of land intended for occupancy by one (1) principal structure and any accessory structures and of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required by this Code. Such lot shall have frontage on an improved public street and consist of a single lot of record or a parcel of land that has been historically described by metes and bounds. No division or combination of lots shall be permitted that fails to result in all lots conforming to this Code. Where City approval was obtained before the effective date of this amendment (October 3, 1991) of a combination of more than one (1) lot or parcel, the combination shall be considered one (1) lot for purposes of this definition, except that: A. If a principal structure is situated on two (2) or more lots, but is located on and meets all zoning requirements for one (1) or more, but not all, of the lots, the lot or lots not required for the structure may be treated as separate lots if they met all other requirements of the City Code at the time of their creation. B. If a principal structure is situated on two (2) or more lots and additional land is acquired so that the structure may be expanded, all of the lots must be replatted to conform to this Code. C. If a principal structure is situated on two (2) or more lots and additional land is not necessary for a proposed expansion of the structure, replatting will not be required. Source: Ordinance No. 73, 2nd Series Effective Date: 10-3-91 64. Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this Section. Source: Ordinance No. 585 Effective Date: 1-14-83 65. Lot Lines: definition deleted. Golden Valley City Code Page 9 of 18 §11.03 66. Lot Line, Front: The front lot line shall be the boundary of a lot which is along an existing or dedicated street. In the case of a corner lot, any lot line along an existing or dedicated street shall be considered a front lot line. 67. Lot Line, Rear: The rear lot line shall be the boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. In the case of a corner lot, the rear lot line shall be the line opposite the front lot line with the narrower street frontage. In the case of the front lot lines being equal in length, the City Manager, or his/her designee, shall determine the front lot line. In the case of a triangular shaped lot, the rear lot line shall be a line ten (10) feet in length within the lot at the maximum distance from the front lot line. There shall only be one (1) rear lot line. 68. Lot Line, Side: The side lot line shall be any boundary of a lot which is not a Front or a Rear Lot Line. 69. Lot Measurements: A. Depth: The shortest horizontal distance between the Front Lot Line and the Rear Lot Line measured at a ninety (90°) degree angle from the street right-of-way. Source: Ordinance 547, 2nd Series Effective Date: 03-26-15 B. Width: The minimum required horizontal distance between the side lot lines, measured at right angles to the lot depth, at the minimum front yard setback line. Source: Ordinance No. 523, 2nd Series Effective Date: 7-24-14 C. Area: of a lot shall be computed from the area contained in a horizontal plane defined by the lot lines. 70. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Hennepin County, Minnesota, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of Hennepin County, Minnesota. 71. Lot, Corner: A lot located at the intersection of two (2) or more streets. 72. Lot, Interior: A lot other than a corner lot with only one (1) frontage on a street other than an alley. 73. Lot, Through: A lot other than a corner lot with frontage on more than one (1) street other than an alley. Through lots with frontage on two (2) streets may be referred to as DOUBLE FRONTAGE lots. 74. Lot Coverage: That percentage of a lot which when viewed in its horizontal plane, would be covered by a structure or structures, or any part thereof. Source: Ordinance No. 585 Effective Date: 1-14-83 Golden Valley City Code Page 10 of 18 §11.03 75. Manufactured Home: A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis, is designed to be used as a dwelling unit with a permanent foundation in conformance with Chapter 29 of the State Uniform Building Code when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which has a roof design in conformance with Section 3203(d) of the State Uniform Building Code; except that the term shall also include any structure which complies with the State Manufactured Home Building Code set forth in Minnesota Statutes 327.31 to 327.35, which complies with the "Rules for Manufactured Homes" set forth in 2MCAR 1.90100 through 1.90900, and which meets the standards of and is certified by the U.S. Department of Housing and Urban Development. Source: Ordinance No. 642 Effective Date: 11-16-84 75.5 Micro-Distillery: An establishment licensed by the State of Minnesota for the manufacture of distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year. Source: Ordinance No. 567, 2nd Series Effective Date: 7-30-15 76. Motel: A series of sleeping or living units for the lodging of transient guests, offered to the public for compensation, and with convenient access to off- street parking spaces for the exclusive use of the guests or occupants. 77. Non-Conforming Building or Structure: Any building or structure lawfully occupied by a use, or lawfully established on the effective date of this Section, or amendments thereto, which does not conform with the regulations of this Chapter. 78. Non-Conforming Use: A land use or premises legally existing and/or in use on the effective date of this Section, or amendments thereto, which does not comply with the use provisions of this Chapter for the district in which the land use or premises is located. Source: Ordinance No. 585 Effective Date: 1-14-83 79. Non-Public Areas: Ancillary areas: back rooms, service areas, storage, kitchen, washrooms, etc. Source: Ordinance No. 615 Effective Date: 5-25-84 80. Nursing Home (Rest Home): A building having accommodations where care is provided for two (2) or more invalid, infirmed, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions. Golden Valley City Code Page 11 of 18 §11.03 81. Open Sales Lots: Any land used or occupied for the purpose of buying and selling new or second-hand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments and for the storing of same prior to sale. 82. Out-Patient Surgical Facility: A place, other than a hospital or clinic, where minor surgery is performed on humans by qualified surgeons on an out- patient basis, and not requiring a patient to stay overnight in such facility. Source: Ordinance No. 585 Effective Date: 1-14-83 83. Park: An open space with natural vegetation and landscaping, which may include recreational facilities, designed to serve the recreation needs of the residents of the community. Source: Ordinance No. 397, 2nd Series Effective Date: 6-6-08 84. Parking Lot: definition deleted. 85. Parking Ramp: definition deleted. 86. Permeable/Pervious Surface: A surface that presents an opportunity for precipitation to infiltrate into the ground. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 87. Personal Motorized Recreational Vehicle: A vehicle used for recreational purposes, including but not limited to all-terrain vehicles, golf carts, personal watercraft, snowmobiles, or dirt bikes. Source: Ordinance No. 311, 2nd Series Effective Date: 10-29-04 88. Plat: A map, drawing or chart prepared by a Registered Land Surveyor indicating the layout of a subdivision of land approved by the City in accordance with provisions of the Subdivision Regulations and other applicable City Code provisions and recorded with Hennepin County. Source: Ordinance No. 585 Effective Date: 1-14-83 89. Play Area: A small park developed primarily for use by children, which typically contains play equipment, seating, and may include other facilities such as basketball or tennis courts. 90. Plaza: An open space that is generally open to the public and used for passive recreational activities and relaxation. Plazas are areas typically provided with amenities such as seating, paving, water features, public art, shade trees, grass and other landscaping. Source: Ordinance No. 397, 2nd Series Effective Date: 6-6-08 Golden Valley City Code Page 12 of 18 §11.03 91. Principal Use: The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied. 92. Principal Building: A building in which is conducted the principal use of the lot on which it is situated. Source: Ordinance No. 585 Effective Date: 1-14-83 93. Public Areas: Eating area, lobby, waiting areas, corridors, public toilet facilities. Source: Ordinance No. 615 Effective Date: 5-25-84 94. Rain Garden: a strategically located low area, with plants, that intercepts stormwater runoff. It slows the water down in order to prevent erosion and allow it to be absorbed into the ground. In many cases the plants are chosen for their ability to remove pollutants. Source: Ordinance No. 374, 2nd Series Effective Date: 7-13-07 95. Recreational Camping Vehicle: The words "recreational camping vehicle" as used in this Chapter shall mean any of the following: A. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, and permanently identified as a "Travel Trailer" by the manufacturer of the trailer. B. Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation. C. Motor home means a portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle. D. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation use. Source: Ordinance No. 585 Effective Date: 1-14-83 95. Recycling Drop-Off Facility: A facility used for the collection, sorting, storage, and transfer of non-hazardous and non-organic materials for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. Golden Valley City Code Page 13 of 18 §11.03 96. Recycling Facility: A facility used to prepare non-hazardous and non-organic materials for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. Source: Ordinance No. 536 2nd series Effective Date: 1-16-15 97. Residential Facility: Any facility licensed by the State of Minnesota (except for foster family homes) public or private, which for gain or otherwise, provides one (1) or more persons twenty-four (24) hour per day care including food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need. Residential facilities include but are not limited to State institutions under the control of the Commissioner of Public Welfare, residential treatment centers, maternity shelters, group homes, halfway houses, residential programs or schools for handicapped children. Source: Ordinance No. 653 Effective Date: 4-12-85 98. Restaurant, Class I: Any traditional type restaurant where food is served to a customer and consumed while seated at a counter or table, including cafeterias where food is selected by a customer while going through a service line and taken to a table for consumption 99. Restaurant, Class II: Fast-food type restaurants where customers order and are served at a counter and take it to a table or counter, or off the premises where the food is consumed. A "Class II" restaurant also includes "drive-in" restaurants where some or all customers consume their food in an automobile regardless of how it is served, and further includes carry-out and delivery restaurants where food is prepared for consumption off the premises only. Source: Ordinance No. 585 Effective Date: 1-14-83 100. Restaurant, Class III: Any type of night club, tavern, restaurant or other facility providing entertainment, food and/or beverage that provides sit-down service but may also provide standup bar service and standup tables within the premises. Source: Ordinance No. 615 Effective Date: 5-25-84 101. School, Primary, Secondary, College or University: Any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the State of Minnesota. Source: Ordinance No. 585 Effective Date: 1-14-83 Golden Valley City Code Page 14 of 18 §11.03 102. Seasonal Farm Produce Sales: The sale, from an outdoor location which may include a temporary booth or truck bed, by vendors who are not a part of the normal business otherwise occurring on the site, of Christmas trees or other agricultural commodities harvested in season and hauled fresh to the site. Source: Ordinance No. 127, 2nd Series Effective Date: 4-27-95 103. Service Station (Gasoline Station): Any building or premises used principally for the dispensing, sale or offering for sale at retail of automobile fuels or oils or for the servicing of motor vehicles. Source: Ordinance No. 585 Effective Date: 1-14-83 104. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story. 105. Story, Half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story. 106. Street: The entire width between property lines of a way or place dedicated, acquired, or intended for the purpose of public use for vehicular traffic or access other than an alley. Source: Ordinance No. 585 Effective Date: 1-14-83 107. Street Line: definition deleted. Source: Ordinance No. 547, 2nd Series Effective Date: 3-26-15 108. Structure: Anything 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. 109. Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Golden Valley City Code Page 15 of 18 §11.03 110. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value of the structure a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either 1) any project for improvement of a structure to comply with existing State or local health sanitary or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. Source: Ordinance No. 585 Effective Date: 1-14-83 111. Sustainable Development: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Source: Ordinance No. 397, 2nd Series Effective Date: 6-6-08 112. Taproom: A facility accessory to a Brewery that is licensed by the City to sell the malt liquors made at the Brewery for consumption on the premises. Source: Ordinance No. 540, 2nd Series Effective Date: 1-30-15 113. Tower: A structure whose function is to support and elevate an antenna, water tank, or other fixture as provided in this chapter. In all cases, the height of a tower shall be measured from the ground level regardless of whether the tower is mounted on another structure or building, and said height shall also include any portion of the antenna or other fixture which extends above the highest reach of the tower itself. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 114. Townhouse: Single family attached units in structures housing two (2) or more dwelling units, contiguous to each other, only by the share of one (1) common bearing wall, such structures to be of the town or row house types as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances. Source: Ordinance No. 585 Effective Date: 1-14-83 115. Trade School or Training Center: A place where education or instruction is regularly provided to groups of persons aged sixteen (16) or older in areas including but not necessarily limited to the following types of occupations: Golden Valley City Code Page 16 of 18 §11.03 assembly or production, business or clerical, computers, cosmetology or hair styling, electronics or mechanics, real estate, or skilled crafts. Training in adult literacy, employment skills, or personal improvement shall also be included. Source: Ordinance No. 53, 2nd Series Effective Date: 1-24-91 116. Truck/Van Terminal: A building used as a relay station for the transfer of a load from one (1) commercial hauling vehicle to another, or for the dispatching of service, delivery, or messenger vehicles. The terminal facility may include office/employee areas, or storage/repair areas for vehicles associated with the terminal. Source: Ordinance No. 50, 2nd Series Effective Date: 1-14-83 117. Usable Open Space: A required open ground area or terrace area on a lot which is graded, developed, landscaped and equipped, and intended and maintained for either active or passive recreation, which is available and/or accessible to, and usable by all persons using or occupying a building or premises. Roofs, driveways and parking areas shall not be regarded as usable open space. 118. 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, and shall include the performance of such activity as defined by the performance standards of this Chapter. 119. Warehouse: A place where the storage of materials or equipment is carried on within an enclosed building as a principal use, including parking and crating of materials and/or products for later distribution. 120. Yard: A required open space unobstructed by any structure or portion of a structure from the ground upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein. Source: Ordinance No. 585 Effective Date: 1-14-83 121. Yard, Front: A yard extending between lot lines which intersect a Front Lot Line, the depth of which is the horizontal distance between the street right-of- way line and a line on the lot which is at all points equal distance from the parallel to the Front Lot Line. Source: Ordinance No. 547, 2nd Series Effective Date: 3-26-15 122. Yard, Rear: An open space, unoccupied except for accessory buildings, on the same lot with a building between the rear lines of the buildings and the rear line of the lot for the full width of the lots. Golden Valley City Code Page 17 of 18 §11.03 123. Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line. 124. Veterinary Clinic: A place for the care, diagnosis and treatment of sick, ailing or diseased animals which may include kennels for domestic pets, but does not include areas for the boarding of farm animals. Source: Ordinance No. 585 Effective Date: 1-14-83 125. Video Game Arcade: Any premises, building or structure containing more than eight (8) video games for use by the general public, customers, patrons, or employees of such premises, building or structure. *Renumbering Source (76-106): Ordinance No. 311, 2nd Series Effective Date: 10-29-04 *Renumbering Source (10-123): Ordinance No. 540, 2nd Series Effective Date: 1-30-15 *Renumbering Source (66-125): Ordinance No. 547, 2nd Series Effective Date: 3-26-15 Golden Valley City Code Page 18 of 18