For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure which is located on the same lot as the main building and the purpose of which is incidental to that of the principal building.
ACCESSORY USE. A use related or subordinate to the principal use of the same land.
ADMINISTRATOR. The Zoning Administrator.
AGRICULTURAL BUILDING. A structure on agricultural land as defined in AGRICULTURAL, RURAL, designed, constructed and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sub-lessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products.
AGRICULTURE, RURAL. A commercial food producing use on ten or more contiguous acres and is defined under a portion of the state’s Agricultural Property Tax Law (Green Acres Law), M.S. § 273.111, as it may be amended from time to time, Agricultural Property Tax: Real Property shall be considered to be in agricultural use provided that annually it is devoted to the production for sale of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains, bees, apiary products and activities incidental thereto.
AGRICULTURE, SUBURBAN. A noncommercial food producing use primarily intended for the use of the residents and usually on less than ten contiguous acres. SUBURBAN AGRICULTURAL USES may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables and domestic pets.
ANIMAL IMPOUNDING FACILITY. A not for profit organization whose primary purpose is to provide animal impounding services and adoption of impounded animals for the city and adjacent communities. ANIMAL IMPOUNDING FACILITIES which meet the criteria specified herein shall not be considered commercial kennels:
(1) More than 30% of the facility’s income shall be derived from the impounding of stray animals;
(2) Less than 10% of the facility’s income may be derived from the sale of pet food, leashes, pet training and other activities incidental to the impounding and adoption of animals;
(3) No breeding of animals for sale or any other purpose shall be done on the premises;
(4) Structure shall be completely enclosed to prevent noise from reaching adjacent properties. Structure shall be required to meet architectural standards required in this code and city ordinances;
(5) Proper and healthful disposal of animal waste and dead animals shall be required;
(6) Lighting, fencing, screening, berming and the like, may be required by the city; and
(7) Other conditions as may be deemed reasonable by the city.
ANIMAL UNIT. A unit of measure used to compare differences in the production of animal wastes which has a standard as the amount of waste produced on a regular basis by a slaughter steer or heifer.
ANIMALS, DOMESTIC FARM. Cattle, hogs, horses, bees, sheep, goats, chickens and other animals commonly kept for commercial food producing purposes.
ANIMALS, DOMESTIC PETS. Dogs, cats, birds and similar animals commonly kept in a residence. Animals considered wild, exotic or non-domestic such as bears, lions, wolves, ocelots and similar animals shall not be considered DOMESTIC PETS.
APARTMENT. A room or suite of rooms with cooking facilities designed to be occupied as a residency by a single family.
AREA, NET DEVELOPABLE. Those lands within a development parcel remaining after the deletion of floodplains, wetlands, slopes greater than 13% and unbuildable easements or rights-of-way.
AUTOMOBILE REPAIR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.
AUTOMOBILE SERVICE STATION (GAS STATION).
(1) A place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.
(2) This definition includes greasing and oiling and the sale of automobile accessories on the premises. This definition also includes minor repairs, incidental body and fender work, painting or upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons’ capacity. This definition shall not include major repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overhaul, painting or paint job; vehicle steam cleaning; or automatic car or vehicle washing devices.
AUTOMOBILE SERVICE USES. Those uses catering to the traveling public. These include auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants.
BASEMENT means that portion of a building that is partly or completely below grade. See STORY ABOVE GRADE.
BED AND BREAKFAST. A residence at which at most two rooms may be rented to a maximum of four persons to whom breakfast but no other meal may be served.
BEST MANAGEMENT PRACTICES (BMPS). The most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means to control, prevent and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping and other management practices published by state or designated area-wide planning agencies.
BLUFF. A topographic feature such as a hill, cliff or embankment, except as provided in the Lower St. Croix Bluffland and Shoreland District, having the following characteristics:
(1) A slope of 18% or greater as measured over horizontal distances of 50 feet or more;
(2) The slope drains towards the waterbody, river or adjoining watershed channel; and
(3) Part or all of the feature is located in the Shoreland District.
BLUFF IMPACT ZONE. Land located within 40 feet from a crest of a bluff.
BLUFFLINE. A line along a crest of a slope connecting the points at which the slope, proceeding away from the waterbody, river or adjoining watershed channel becomes less than 18% and only includes slopes greater than 18% which drains toward the waterbody, river or adjoining watershed channel, except as provided in § 157.04 of this code.
BOARDINGHOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals and/or sleeping rooms are provided for three or more unrelated persons, but not to exceed eight persons. Access to all boarding rooms shall be through the main entrance of the house; no boarding room shall have separate access.
BUILDABLE AREA.
(1) All land having a slope of 13% or less having enough suitable soil for the installation of two on-site sewage treatment systems and that land having a slope between 13 and 18% meeting the requirements of § 153.051(B)(11).
(2) BUILDABLE AREA does not include floodplains, wetlands, ponds, lakes and other bodies of water; parks, scenic and conservation easements or other unbuildable easements; steep slopes or rights-of-way. BUILDABLE AREA may include required building setbacks.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of any person, animal or chattel of property of any kind. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of the BUILDING shall be deemed a separate BUILDING.
BUILDING CODE. The state’s Building Code.
BUILDING OFFICIAL. The officer or other designated authority, certified by the state under M.S. § 326B.133, as it may be amended from time to time, charged with the administration and enforcement of the state’s Building Code, or his or her duly authorized representative. Also known as the CITY BUILDING OFFICIAL.
BUILDING SETBACK LINE. A line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluffline or a high water mark or line, behind which buildings or structures must be placed.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
BUSINESS SERVICE. A service provided to other businesses such as information technology services or accounting services.
CARPORT. An automobile shelter having one or more sides open.
CHANNEL. A natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water, including but not limited to streams, rivers, creeks, ditches, drainage ways, canals, conduits, culverts, waterways, gullies, ravines or washes; and including any area adjacent thereto which is required to carry and discharge the regional flood.
CHANNEL FLOW. That water which is flowing within the limits of the defined channel.
CHURCH. See PLACES OF WORSHIP.
CLUB or LODGE. A nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. The serving of food and meals on the premises is permissible providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing the serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that the serving of alcoholic beverages is in compliance with the applicable federal, state, county and city laws.
COMMERCIAL RECREATION. A bowling alley, cart track, pool hall, vehicle racing or amusement, dance hall, skiing, skating, firearms range, golf driving ranges, miniature golf or putting courses, golf training facilities and similar uses.
COMMERCIAL SCHOOL. A nonpublic school, charging a fee for instruction, serving a maximum of 25 students per day with adequate on-site sewage treatment and off-street parking for students.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.
COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public land and water use, transportation and community facilities, including recommendations for planned execution, documented in texts, ordinance and maps which constitute the guide for the future development of the community or any portion of the community.
CONDITIONALLY PERMITTED USE. The uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance may require reasonable, unique or extraordinary conditions in the use district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city, and therefore may be permitted only by a conditional use permit.
CONSTRUCTION ACTIVITY.
(1) Includes construction activity as defined in 40 C.F.R. § 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. § 122.26(b)(15) and construction activity as defined by Minn. Rules part 7090.0080, subpart 4. This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative) or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of CONSTRUCTION ACTIVITY may include clearing, grading, filling and excavating.
(2) CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more. CONSTRUCTION ACTIVITY does not include a disturbance to the land of less than five acres for the purpose of routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility. (Note: The community may wish to change this to a smaller disturbance area. A smaller area is more restrictive than the state or federal requirements, so it would be allowable for a local government.)
COOPERATIVE COMMERCIAL WAREHOUSING. A type of warehousing that serves only commercial businesses and provides commercial storage space larger than 350 square feet and up to 10,000 square feet that is suitable for business operations by providing amenities including but not limited to electricity, lights, climate control and a minimum 10% office component. Other characteristics are as follows.
(1) Individual building size is a minimum of 4,000 square feet.
(2) The building exteriors are finished with EIFS or insulated metal wall panels with an appearance similar to EIFS, on the sides without overhead doors.
(3) No overhead doors directly face a public street.
(4) All overhead doors are screened from public streets.
COUNCIL. The governing body of the city.
CURB LEVEL. The grade elevation established by the Building Official of the curb in front of the center of the building. Where no CURB LEVEL has been established, the city shall determine a curb level or its equivalent for the purpose of this chapter.
DATA CENTER. A facility used to house computer systems and associated components, such as telecommunications and storage systems.
DECIBEL. The unit of sound measured on the “A” weighing scale of a sound level meter, set on slow response, the weighing characteristics of which are specified in the latest revision of Standards on Sound Level Meters of the USA Standards Institute.
DISPOSAL AREA, SEWAGE. That ground within the confines of the lot that does not contain buildings and has an elevation at least 80 inches above the highest known or calculated water table or bedrock formation and does not slope in excess of 13%.
DISTRIBUTION CENTER. A use that, apart from storing products, offers value-added services like product mixing, order fulfillment, cross docking, packaging and the like. The maximum size allowed for a distribution center is 30,000 square feet. A DISTRIBUTION CENTER use does not involve the exterior storage of motor freight tractors and trailers.
DREDGING. The process by which soils or other surface materials normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.
DRIVE-IN.
(1) 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 within a building.
(2) A DRIVE-IN shall also include any restaurant, café or other food and drink business which offers take home prepared food or food which can be carried outside of the building for human consumption; any and all restaurants commonly known as fast-food operations.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively for human habitation, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches.
DWELLING UNIT. A residential accommodation, which is arranged, designed, used or intended for use exclusively as living quarters for one family.
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.
ENGINEER. The City Engineer.
EROSION AND SEDIMENT CONTROL PLAN (ESC PLAN). A plan for projects disturbing less than one acre that is in compliance with the minimum requirements of the MSCWMO and VBWD. The plan identifies erosion prevention and sediment control practices, location and timelines for installation. The plan also includes responsible parties and timelines for inspection and maintenance.
EROSION PREVENTION. Measures employed to prevent erosion. Examples include but not limited to: soil stabilization practices; limited grading; mulch; temporary erosion protection or permanent cover; and construction phasing.
ESSENTIAL SERVICES (PUBLIC UTILITY USES). Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment, accessories and buildings in conjunction therewith.
EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building and includes open storage.
FACILITIES FOR INSTITUTIONALIZED PERSONS. Housing for students, mentally ill, infirm, elderly, nurses, physically retarded and similar housing of a specialized nature.
FAMILY. An individual, or two or more persons each related by blood, marriage, adoption or foster care arrangement living together as a single housekeeping unit or a group of not more than four persons not so related, maintaining a common household, exclusive of usual servants.
FARM. See AGRICULTURE, RURAL.
FARM KITCHEN, ACCESSORY. A commercial kitchen used to produce value-added agricultural products as an additional process that involves using what might normally be waste and processing it into a value-added product of the farm, which may include canned goods, juices, vinegars, spreads, sauces, syrups, salsas, preserves, baked goods and the like.
FARM WINERY. A winery operated by the owner of a state farm, or agricultural land, with a vineyard and producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients grown or produced in the state. A FARM WINERY does not include retail sales, wine tastings or a commercial event venue.
FEED LOT. The place of confined feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of the feeding of animals.
FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.
FILL. Any act by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed or transported and shall include the conditions resulting therefrom.
FINAL PLAT. A drawing or map of an approved subdivision, meeting all requirements of the subdivision ordinance, and in the form as required by the city for purposes of recording. See Ch. 160 of this code.
FLEX OFFICE. Industrial space that is used for warehouse space, a portion of which can be converted to office or showroom space. The space can be “flexed” into larger or smaller office vs. warehouse spaces as needed.
FLOOD. See Ch. 159 of this code.
FLOOR AREA. The gross area of the main floor of a residential building measured in square feet and not including an attached garage, breezeway or the like.
FLOOR AREA, GROSS. The sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included, other than that area devoted to the same use as the principal use of the building.
FLOOR AREA RATIO. The numerical value obtained by dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which the buildings are located.
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 construction plans.
FRONTAGE. That boundary of a lot which abuts an existing and improved public right-of-way.
FULFILLMENT CENTER, E-COMMERCE. Industrial space that serves ecommerce merchants by enabling them to outsource warehousing and shipping. Sellers send merchandise to the fulfillment center, and the outsourced provider ships it to customers for them. The maximum size allowed for a fulfillment center is 30,000 square feet.
GARAGE, PRIVATE. A detached one-story accessory building, or portion of the principal building, including a carport, which is used primarily for the storing of passenger vehicles, trailers or farm trucks.
GARAGE, REPAIR. A building or space for the commercial repair or maintenance of motor vehicles, but not including factory assembly of the vehicles, auto wrecking establishments or junk yards.
GARAGE SALE.
(1) An offering of goods to the public on a temporary basis by a person or organization at a sale site which is not principally used for the purpose of retail sales and where no other license or permit has been issued by the city authorizing the sales. As used in this chapter, the term GARAGE SALE encompasses yard sales, estate sales, moving sales, block sales, rummage sales, boutiques and related sales where secondhand or other goods are sold or displayed to members of the public on a temporary basis.
(2) GARAGE SALE as used in this chapter does not include estate sales or auction sales, provided the number of sales in any calendar year does not exceed the limitations imposed by this chapter, and further provided that the sale is conducted by a licensed auctioneer.
GARAGE, STORAGE. Any premises, except those described as a private or public garage, used exclusively for the storage of power driven vehicles.
GOLF COURSE. A golf course, as permitted by this chapter, shall have a minimum parcel size of 40 acres for a nine-hole par three course and 100 acres for a regulation 18-hole course. GOLF COURSE does not include miniature golf or putting courses, driving ranges, golf training facilities or practice areas, except as an accessory to a GOLF COURSE.
GOVERNING BODY. The City Council.
GRADE PLANE. A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 millimeters) from the building, between the building and a point six feet (1,829 millimeters) from the building.
HEIGHT, BUILDING. The vertical distance from grade plane to the average height of the highest roof surface.
HOME OCCUPATION. An activity conducted in a dwelling unit for gain, profit or financial support by persons living in the dwelling unit.
HOTEL. A building containing more than two guest rooms which lodging is provided with or without meals for compensation, and which is open to transient guests, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge during all times when any of the rooms are rented.
IMPERVIOUS SURFACE. A hard surface, created by construction or usage, that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt or gravel roads.
INSTITUTIONAL HOUSING. See FACILITIES FOR INSTITUTIONALIZED PERSONS.
JUNKYARD. An area where discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. The use shall not include organic waste or material.
KENNEL, COMMERCIAL. Anyplace where four or more dogs over six months of age are boarded, bred, trained or offered for sale.
KENNEL, PRIVATE. Anyplace where four or more dogs over six months of age are owned by any member or members of the household.
LAND ALTERATION. The excavation or grading of land involving movement of earth and materials in excess of 50 cubic yards.
LAND DISTURBANCE.
(1) Any activity that result in a change or alteration in the existing ground cover (both vegetative and nonvegetative) and/or the existing soil topography. LAND DISTURBING ACTIVITIES include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation and borrow pits.
(2) Routine vegetation management, and mill and overlay/resurfacing activities that do not alter the soil material beneath the pavement base, are not considered LAND DISTURBANCE.
(3) In addition, other maintenance activities such as catch basin and pipe repair/replacement, lighting and pedestrian ramp improvements shall not be considered LAND DISTURBANCE for the purposes of determining permanent stormwater management requirements.
LAND RECLAMATION AND LAND GRADING. Changing the grade of the land by depositing, removing or moving material. Depositing, removing or moving a total of 50 cubic yards or more and/or the disturbance of land area of 1,000 square feet or more of material per lot, either by hauling in and/or out or moving materials in, out or within the lot, shall constitute LAND RECLAMATION AND LAND GRADING.
LANDSCAPING. Planting of trees, shrubs and ground covers.
LOADING SPACE. A space, accessible from a street, alley or way, in or outside of a building, for the use of trucks while loading and unloading merchandise or materials.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM. See BOARDINGHOUSE.
LOT. A parcel of land designated by metes and bounds, registered land survey, plat or other means and which description is either recorded in the office of the County Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate the parcel from other lands for tax purposes.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT, BUILDABLE. A lot which meets or exceeds all requirements of the city land use and development ordinances without the necessity of variances.
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 single street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The horizontal distance between the frontage right-of-way line and rear lot line. On a corner lot, the side with the largest frontage is its depth, and the side with the lesser frontage is its width.
LOT LINE. The property line bounding a lot except when any portion of a lot extends into a public right-of-way or a proposed public right-of-way line of the public right-of-way shall be the LOT LINE.
LOT LINE, FRONT. The boundary of a lot which abuts an existing improved public right-of-way or an approved private road. In the case of a corner lot, it shall be the shortest dimension along a public street. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner and filed with the Zoning Administrator. In the case of a corner lot in a nonresidential area, the lot shall be deemed to have frontage on both streets.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the REAR LOT 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 ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the office of the County Register of Deeds or Registrar of Titles prior to the adoption of the ordinance from which this chapter was derived.
LOT, THROUGH. Any lot other than a corner lot which abuts more than one street. On a THROUGH LOT, all the street lines shall be considered the front lines for applying this chapter.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the setback line.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of an existing street or extension of the local government facilities, or the creation of any public improvements.
MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under M.S. § 327.31, subdivision 3, as it may be amended from time to time. No MANUFACTURED DWELLING shall be moved in the city that does not meet the Manufactured Home Building Code as defined in M.S. § 327.31, subdivision 3, as it may be amended from time to time.
MANUFACTURING AND INDUSTRIAL, LIGHT. Includes the compounding, processing, packaging, treatment or assembly of products and materials provided the use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other effects which would be damaging to the environment. The uses include but are not limited to the following: Lumberyards, machine shops, products assembly, sheet metal shops, non-retail food and beverages, printing, publishing, fabricated metal parts, appliances, clothing, textiles, medical or dental devices, wholesale greenhouse or nursery, truck terminals. No retail sales shall be permitted.
MANUFACTURING, HEAVY. All manufacturing, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive noise, odor or pollution beyond the lot on which the use is located. The uses include but are not limited to the following: Sawmill; refineries; commercial feed lots; acid; cement; explosives; flour; feed and grain milling or storage; meat packing; slaughterhouses; coal or tar asphalt distillation; rendering of fat; grease; lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of paris; tanneries; automobile parts; paper and paper products; glass; chemicals; crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry; forge; casting of metal products; rock; stone and cement products.
MANURE. Any solid or liquid containing animal excreta.
MARINA. An area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of the services as the sale, storage and repair of boats, fueling, sewage pumpout, boat launching, boat repair and boat storage; except that MARINA does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.
MEAN FLOW LEVEL. The average flow elevation of a stream or river computed as the midpoint between extreme low and extreme high water.
MEDICAL USES. Those uses concerned with the diagnosis, treatment and care of human beings. These include, hospitals, dental services, medical services or clinic, nursing or convalescent home, orphans’ home, rest home and sanitarium.
MEZZANINE. A portion of the story below and shall not exceed one-third of the floor area of that room or space in which they are located. A MEZZANINE shall be open and unobstructed to the room in which the MEZZANINE is located except for walls not more than 42 inches (1,067 millimeters) high, columns and posts.
MINING. The extraction of sand, gravel, rock, soil or other material from the land and the removal thereof from the site. For the purposes of this chapter, MINING shall not include: The removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility and highway construction, minor agricultural and conservation items and sod removal, except as further regulated herein. See Ch. 162 of this code.
MINOR SUBDIVISION. Any subdivision containing three or less lots fronting on an existing street, not part of a common plan of development nor involving any new street or road or the extension of municipal facilities.
MOBILE HOME. A single-family detached dwelling unit designed for year round occupancy, constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. MOBILE HOME shall not include TRAILER as herein defined, nor shall it include manufactured homes which meet or exceed the requirements of the state’s Manufactured Home Building Code.
MOBILE HOME LOT. A parcel of land for the placement of a single mobile home for the exclusive use of the occupants of the mobile home.
MOBILE HOME PARK. Any site, lot, field or tract of land under single ownership designed, maintained or intended for the placement of two or more occupied mobile homes. MOBILE HOME PARK shall include any building, structure, vehicle or enclosure intended for use as part of the equipment of the mobile home park.
MOTOR COURTS OR MOTEL. A building or group of buildings, other than a hotel, used primarily as a temporary residence of a motorist.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck.
MUNICIPALITY. The City of Afton.
NATURE CENTER.
(1) An area of land that is set aside, used and managed by a non-profit organization or government entity with an explicit interest in protecting open spaces, water resources and other natural resources. The land within the NATURE CENTER is to be set aside for the express purpose of protecting and preserving open space and natural resources, including the conservation of wildlife, flora, fauna or features of geological, ecological and/or other special interest, such as wetlands, streams and ravines.
(2) The land within a NATURE CENTER may also be used to provide opportunities and/or spaces for study, research or public outreach, including outdoor experiences such as hiking and biking trails. A NATURE CENTER may include an interpretive center designed to educate people about nature and the environment. Donations may be accepted to support the operation of the NATURE CENTER.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits under the Clean Water Act (§§ 301, 318, 402 and 405 and being 33 U.S.C. §§ 1311, 1311, 1328, 1342 and 1345).
NOISE. One or a group of loud, harsh, non-harmonious sounds or vibrations that are unpleasant and irritating to the ear.
NOISE, AMBIENT. The all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from many sources near and far, or a single predominant source.
NOMINAL PARCEL. A parcel not reduced by more than 10% of its lot area due to right-of-way dedication or a perturbation in the rectangular survey system.
NONCONFORMING USE. Any lawful use of land or any lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived, or any amendment thereto, which use does not conform with the regulations for the district in which it is located after the effective date of the ordinance from which this chapter is derived or amendment thereto.
NOXIOUS MATTER. Material which is capable of causing injury or is in any way harmful to living organisms or is capable of causing detrimental effect upon the health, the psychological, social or economic well being of human beings.
NURSERY, DAY. A use where care is provided for three or more children under kindergarten age for periods of four hours or more per day for pay.
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.
NURSING HOME. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. The NURSING HOME shall be licensed by the state’s Board of Health as provided for in M.S. § 144.50, as it may be amended from time to time.
OFFICE USES. Those commercial activities that take place in office buildings, where goods are not produced, sold or repaired. These include: banks, general offices, governmental office, insurance office, real estate office, travel agency or transportation ticket office, telephone exchange, utility office, radio broadcasting and similar uses.
OFFICIAL CONTROL.
(1) Legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of the city, or any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the Comprehensive Plan.
(2) The OFFICIAL CONTROLS may include, but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, Building Codes, housing codes and official maps.
OLD VILLAGE. The area originally platted as the Village of Afton.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease or trade where the goods are not enclosed within a building.
OPEN STORAGE. Storage of any material outside of a building.
OTHER SPECIALLY PERMITTED USE. A land use or development allowed with appropriate conditions as determined by the Zoning Administrator and as specifically set forth in this chapter.
OWNER. All persons interested in a property as fee simple owner, life estate holder, encumbrancer or otherwise.
PARK. A noncommercial, not-for-profit facility designed to serve the recreational needs of the residents of the community. Such facilities include subdivision recreational facilities (neighborhood parks), community parks, regional parks and special use facilities that are controlled by a governmental jurisdiction. Such facilities may also include, but are not limited to, school ballfields, football fields and soccer fields, if they meet the this definition. Commercial amusement facilities, such as water slides, go-cart tracks, and miniature golf courses, shall not be considered PARKS.
PARK, PRIVATE. A park that is not controlled by a governmental jurisdiction.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size.
PERFORMANCE STANDARDS. The minimum development standards as adopted by the City Council and on file in the office of the Zoning Administrator. The standards shall also be filed with the City Administrator.
PERSON. An individual, political and corporate bodies and partnerships and other unincorporated associations.
PLACES OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
PLANNING COMMISSION. The duly appointed Planning and Zoning Commission of the city.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to accessory use or structure.
PRIVATE STREET. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public but which is owned by one or more private parties.
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.
PROTECTIVE COVENANT. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.
PUBLIC LAND. Land owned and/or operated by a governmental unit including school districts.
PUBLICATION. An official notice as prescribed by state statute.
PUBLIC WATERS. All water basins and watercourses that are described in M.S. § 103G.005, subdivision 15, as it may be amended from time to time.
RACE TRACK. Any area where two or more animals or power driven vehicles are raced for profit or pleasure.
RECREATION EQUIPMENT (IN RESIDENTIAL DISTRICTS). Play apparatus such as swing sets and slides; sandboxes; poles for nets; unoccupied boats, recreational vehicles and trailers not exceeding 25 feet in length; picnic tables, lawn chairs, barbecue stands and similar equipment or structures; but not including tree houses, swimming pools, playhouses exceeding 25 square feet of floor area, or sheds utilized for storage of equipment.
RECREATION VEHICLE.
(1) Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:
(a) Is not used as the permanent residence of the owner or occupant;
(b) Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities; and
(c) Is towed or self-propelled on public streets or highways incidental to recreation or vacation activities.
(2) Examples of vehicles include van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses and self-contained, self-propelled truck chassis mounted vehicles providing living accommodations.
RECREATION VEHICLE PARKS. A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined herein, and upon which the recreation vehicles are parked. The term RECREATION VEHICLE PARK shall include all buildings used or intended for use as part of the equipment thereof, whether or not a charge is made for the use of the park and its facilities.
REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. See JUNKYARD.
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 M.S. § 508.47, as it may be amended from time to time. A REGISTERED LAND SURVEY shall not be used as a means to subdivide property.
RESEARCH. Medical, chemical, electrical, metallurgical or other similar research and quality control, conducted in accordance with the provisions of this chapter.
RESIDENCE, ATTACHED DWELLING. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
RESIDENCE, DETACHED DWELLING. A dwelling which is entirely surrounded by open space on the same lot.
RESIDENCE, DUPLEX. A residential building containing two dwelling units.
RESIDENCE, MULTIPLE DWELLING. A residential building, or portion of a building, containing three or more dwelling units served by a common entrance.
RESIDENCE, SINGLE-FAMILY DWELLING. A residential building containing one detached dwelling unit.
RESIDENCE, TOWNHOUSE. A residential building containing two or more attached dwelling units, each unit so oriented as to have all exits directly to the outside.
RESORT. Any structure or group of structures containing more than two dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purpose of the structures being recreational in nature. Uses may include a grocery for guests only, fish cleaning house, marine service, boat landing and rental, recreational area and equipment and similar uses normally associated with a resort operation.
RESTAURANT. Any establishment having appropriate facilities for the serving of food to the general public.
RESTRICTIVE COVENANT. See PROTECTIVE COVENANT.
RETAIL BUSINESS USES. Stores and shops selling personal services or goods for final consumption.
RIDING STABLE. The training and riding of horses for private or public use on lots of 20 or more acres that require indoor riding structures of appropriate size. This may also include boarding of horses, training of horses and riders and similar uses and activities.
ROADSIDE SALES STAND. A structure used only for the display and sale of products with no space for customers within the structure, on a seasonal basis.
SAFEGUARD. A facility or device or any disposal system or combination thereof designed to prevent the escape or movement of any manure, or solution thereof, or other waste such as uneaten food, without limitation, from the place of deposit or keeping thereof under the conditions that pollution of any waters of the state otherwise might result therefrom.
SALES, SEASONAL AGRICULTURAL. A business selling agricultural goods of a temporary or seasonal nature. A business is limited to agricultural goods actually raised on land owned or leased by the business operator. These sales activities are limited to the following period: Saturdays from 7:00 a.m. to 12:00 p.m., from May 15 to November 1. These sales activities shall be located only in the VHS-C District on private property with permission of the landowner or upon public property with the permission of the city, or both.
SATURATED SOIL. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. SATURATED SOIL is evidenced by the presence of soil mottling associated with the presence of water or other information.
SCENIC EASEMENT. An interest in land, less than fee title, that limits the use of the land for the purpose of protecting the scenic, recreational and natural characteristics. Unless otherwise expressly and specifically provided by mutual agreement of the parties, the easement shall be: Perpetually held for the benefit of the public; binding on the holder of the servient estate, his or her heirs, successors or assigns. Unless specifically provided by the parties, no easement shall give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.
SCREENING. Earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures, such as timbers; used in combination or singularly, so as to block direct visual access to an object throughout the year. In Ch. 157 of this code, SCREENING does not include fences and walls.
SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the site. SEDIMENT CONTROL practices include: silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, bio rolls, rock logs, compost logs, storm drain inlet protection and temporary or permanent sedimentation basins.
SELF STORAGE, MULTI STORY. A climate controlled multi-story facility with quality exterior materials as required by the Industrial Zone architectural standards.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and a street right-of-way, ordinary high water level mark, sewage treatment system, bluffline, road, highway, property line or other facility.
SHELTER, FALLOUT OR BLAST. A structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fallout, blasts, air raids, storms or other emergencies.
SHOPPING CENTER. Any grouping of two or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership.
SIGN. A display, illustration, structure or device which directs attention to an object, product, place, activity, person, institution, organization or business.
SLOPE. Rise or fall in land surface, expressed as the ratio h:v in which ‘h’ is horizontal distance and ‘v’ is vertical rise or fall of the land surface. Equivalently, SLOPE may be expressed as a percentage, calculated to be 100 times ‘v’ divided by ‘h’.
SMALL CONSTRUCTION ACTIVITY.
(1) As defined in 40 C.F.R. § 122.26(b)(15). SMALL CONSTRUCTION ACTIVITIES include clearing, grading and excavating that result in land disturbance of equal to or greater than one acre and less than five acres.
(2) SMALL CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres.
ST. CROIX RIVERWAY. All lands and public waters within the riverway boundary subject to the standards and criteria for the state’s Lower Saint Croix National Scenic Riverway.
STABILIZED. Exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Seeding alone, whether with grass, agricultural crop or other seeding, is not stabilization. Mulch materials must achieve approximately 90% ground coverage (typically two ton/acre.)
STORMWATER. As defined under Minn. Rules part 7077.0105, subpart 41b, and includes precipitation runoff, stormwater runoff, snowmelt runoff and any other surface runoff and drainage.
STORMWATER FACILITY. A stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge that includes erosion prevention BMPs, sediment control BAIN and permanent stormwater management systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution.
STORY. The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A basement shall be counted as a STORY. A mezzanine shall not be counted as a STORY.
STORY ABOVE GRADE. Any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a STORY ABOVE GRADE plane where the finished surface of the floor above the basement is:
(1) More than six feet (1,829 millimeters) above grade plane;
(2) More than six feet (1,829 millimeters) above the finished ground level for more than 50% of the total building perimeter; and
(3) More than 12 feet (3,658 millimeters) above the finished ground level at any point.
STORAGE SITE. Any tract or parcel of land, including any constructed storage platform, tank or other artificial or natural area or containment facility where manure is stored or kept and which is so located that the escape or movement of the manure or a solution thereof from the STORAGE SITE into the underlying ground might result in pollution of any waters.
STREET. A public right-of-way which affords a primary means of access to abutting property, and shall also include avenue, highway, road or way.
STREET, COLLECTOR. A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major road.
STREET, INTERMEDIATE OR MINOR ARTERIAL. A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET, LOCAL. A street intended to serve primarily as an access to abutting properties.
STREET PAVEMENT. The wearing of exposed surface of the roadway, used by vehicular traffic.
STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would affect the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything constructed or erected on the ground, or attached to something having a location on the ground.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels, for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SUBSTANDARD BUILDING, STRUCTURE OR LOT. Any building, structure or lot lawfully existing on the effective date of the ordinance from which this chapter is derived or any amendment thereto which building, structure or lot does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of the ordinance from which this chapter is derived or amendment thereto.
SUPPER CLUB. A building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than 50 guests at one time. Intoxicating liquors may be sold on-sale and live entertainment and/or dancing shall be permitted.
SURFACE WATER(S). All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses and irrigation systems whether natural or artificial, public or private, except that SURFACE WATERS do not include treatment basins or ponds that were constructed from upland.
TAVERN OR BAR. A building with facilities for the serving of 3.2% malt liquor, wine, set-ups and short order foods.
TEMPORARY EROSION PROTECTION. Methods employed to prevent erosion during construction activities. Examples of TEMPORARY EROSION PROTECTION include; straw, wood fiber blanket, wood chips, vegetation, mulch and rolled erosion control products.
TRAILER.
(1) Any vehicle or structure designed and used for human living quarters which meets all of the following qualifications:
(a) Is not used as the residence of the owner or occupant;
(b) Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and
(c) Is towed or otherwise transported, by its own or by other motive power, on the public streets or highways incidental to recreational or vacation activities.
(2) The term TRAILER shall not include MOBILE HOME. The term TRAILER shall include, but not be limited to campers, camper tents, house trailers, camping trailers, travel trailers, tent trailers, pick-up campers, camping buses and any other self-propelled vehicle constructed to provide living accommodations.
TRAILER PARK. A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the temporary location or accommodations for any trailers, as defined herein, and upon which the trailers are parked. The term TRAILER PARK shall include all buildings used or intended for use as part of the equipment thereof whether or not a charge is made for the use of the park and its facilities.
TRANSPORTATION TERMINAL. Truck, taxi, air, train, bus and mass transit terminal and storage area, including minor freight (solid and liquid) terminal, but only if accessory to a principal use permitted in Industrial Zoning Districts.
TRUCK STOP. A motor fuel station devoted principally to the needs of tractor trailer units and trucks and which may include eating and/or sleeping facilities.
UNDERGROUND WATERS (GROUNDWATER). Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined or perched conditions, in near surface unconsolidated sediment or in rock formations deeper underground. The term GROUNDWATER shall be synonymous with UNDERGROUND WATER.
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.
USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, NONCONFORMING. Use of land, buildings or structures legally existing at the time of adoption of the ordinance from which this chapter was derived that does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located. See § 153.007 of this code.
USE, OPEN. The use of a lot without a building or including a building incidental to the open use.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted, conditional or special.
VALUE-ADDED AGRICULTURAL PRODUCT. An agricultural commodity or product produced and/or marketed in a way as to provide enhanced value, including expanded customer base and increased revenue, such as organically produced products and/or a change in the physical state or form of the product (such as milling wheat into flour or making strawberries into jam).
VARIANCE. A modification or variation of the strict provisions of this chapter as applied to a specific piece of property in order to provide relief for a property owner because of practical difficulties imposed upon the property by this chapter. A VARIANCE shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district shall not be considered a VARIANCE. See § 153.026 of this code.
VEHICLE REPAIR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting services.
VETERINARY. Those uses concerned with the diagnosis, treatment and medical care of animals, including animal or pet hospitals.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use, including packing and crating.
WATERFRONT USES, RESIDENTIAL. Boat docks and storage, fish house, fish cleaning, water recreation equipment and other uses normally incidental to a lakeshore residence provided the uses are for the exclusive use of the occupants and nonpaying guests.
WETLANDS. Those lands which are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. A WETLAND has one or more of the following attributes:
(1) At least periodically, the land supports predominantly wetland vegetation. Wetland vegetation is listed in the National List of Plant Species that Occur in Wetlands: North Central (Region 3), Fish and Wildlife Service, May, 1988, or later revisions;
(2) The substrata is predominantly undrained hydric soil. Hydric soils are those which have been exposed to water for long enough periods of time to experience oxygen depletion. Hydric soils are listed in Hydric Soils in the United States, Soil Conservation Service, October, 1985, or later revisions; and/or
(3) Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WETLANDS IN THIS CITY. Identified in the city’s Water Resources Inventory, County Soil and Water Conservation District, January 1983, or later revisions.
WHOLESALING. The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
YARD. The open space on an occupied lot which is not covered by any structure.
YARD, DEPTH OF REAR YARD. The horizontal distance between the rear building line and the rear lot line.
YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, REQUIRED. A yard area which may not be built on or covered by structures because of the dimensional setbacks for the structures within the zoning district.
YARD, SIDE. A yard between the side lines of the lot and the nearest building line.
ZONING DISTRICT OR DISTRICT. An area or areas within the city in which the regulations and requirements of this chapter are uniform.
(Prior Code, § 12-55) (Res. 1997-5, passed 2-11-1997; Res. 1997-16, passed 6-17-1997; Ord. 1997-19, passed 7-15-1997; Ord. 5-2005, passed 4-19-2005; Ord. 8-2005, passed 5-17-2005; Ord. 02-2008, passed 1-9-2008; Ord. 02-2011, passed 7-19-2011; Ord. 05-2013, passed 3-19-2013; Ord. 03-2017, passed 3-21-2017; Ord. 01-2018, passed 6-19-2018; Ord. 04-2021, passed 7-20-2021; Ord. 07-2021, passed 8-17-2021; Ord. 08-2021, passed 10-19-2021; Ord. 02-2022, passed 6-21-2022; Ord. 03-2022, passed 11-15-2022)