For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics:
(1) Is a slope of 18% or greater as measured over horizontal distances of 50 feet or more;
(2) The slope drains toward the waterbody; and
(3) Part or all of the feature is located in the shoreland area.
BLUFF IMPACT ZONE. A bluff and land located within 40 feet from the top of a bluff.
BLUFFLINE. A line along the top of a slope connecting the points at which the slope, proceeding away from the water, becomes less than 18% and it only includes slopes greater than 18% visible from the waterbody. The location of the BLUFFLINE for any particular property shall be certified by the Zoning Administrator who may require certification by a registered land surveyor. All setbacks required shall be applicable to each BLUFFLINE.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL USE. A land use or development as defined by this chapter which may be allowed as provided by this chapter.
CONDITIONAL USE PERMIT. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in Ch. 153 of this code, exist, the use or development conforms to the comprehensive and use plan of the community, and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
DUPLEX. A dwelling structure on a lot having two units, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities, and meeting the density requirements.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or moveable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, bed and breakfast and resort rooms and cabins.
EARTHEN TONE. Shades of brown or green which blend with the surrounding vegetation so as to be visually inconspicuous from the water during summer months.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
FOREST MANAGEMENT. The primary use of the land is for commercial timber production.
GUEST COTTAGE. Is not permitted in any zoning district.
HARDSHIP. The same as that term is defined in M.S. Ch. 462, as it may be amended from time to time.
INDUSTRIAL USES. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plat or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT COVERAGE. The portion of a lot covered by any structures, driveway, parking facility or any impervious surface.
LOT WIDTH. Three hundred feet of frontage on an improved public road and at the ordinary high water mark.
NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
PLANNED UNIT DEVELOPMENT. Is not permitted in any zoning district.
PROTECTED WATER. Any water as defined in M.S. § 645.44, subdivision 8a, and M.S. § 103G.005, subdivision 15a, as they may be amended from time to time.
PUBLIC WATER. Any waters as defined in M.S. § 645.44, subdivision 8a, and M.S. § 103G.005, subdivision 15a, as they may be amended from time to time.
SCENIC EASEMENT, also referred to as a NATURAL PROTECTION EASEMENT. An easement dedicated by a developer restricting the use of lands with steep slopes, floodprone areas as well as other fragile areas. The purpose of the SCENIC EASEMENT is to protect environmentally sensitive lands.
(1) SCENIC EASEMENTS shall be required on slopes of 18% and greater, wetlands, drainageways and other lands and soils judged to be fragile by the soil conservation service. The easements shall be required as a condition of subdivision approval, and shall prohibit the following activities:
(a) Dumping;
(b) Burning;
(c) Grading;
(d) Grazing of domesticated farm animals;
(e) Vegetative cutting;
(f) Motorized vehicles; and
(g) Construction of any structure, including driveways.
(2) The SCENIC EASEMENTS shall be recorded against the affected lots in the subdivision.
(3) The city shall have the right to reasonable access to easement areas to verify compliance with the restrictions, and to cross adjacent lands in common ownership with the easement area to obtain access.
(4) A SCENIC EASEMENT prohibits the owner from engaging in harmful activities in the area subject to the easement, but does not grant the general public any right of access to the land.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system as described in § 156.062 of this code.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state’s Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State Archaeologist or the Director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
SPECIAL PROTECTION DISTRICT. Properly managed development in areas generally unsuitable for development or uses due to flooding, erosion, limiting soil conditions, steep slopes or other major physical constraints. It also means management and preservation of areas with special historical, natural or biological characteristics.
STRUCTURE. Any building or appurtenance, including decks, swimming pools, tennis courts or anything constructed or erected the use of which requires location on the ground or attached to something having location on the ground.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease.
VARIANCE. The same as that term is defined or described in M.S. Ch. 462, as it may be amended from time to time.
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 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 deletion. Hydric soils are listed in Hydric Soils of the United States, Soil Conservation Service, October, 1985, or later revisions.
(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. Are identified in the city’s water resources inventory and the county’s Soil and Water Conservation District, January 1983, or later revisions.
(Prior Code, § 12-283) Penalty, see § 156.999