(A) Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
(1) The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(2) The masculine gender includes the feminine gender and the neuter gender.
(3) The singular includes the plural and the plural includes the singular.
(4) The present tense includes the past and future tenses and the future includes the present.
(5) The word “may” is permissive. The word “shall” is mandatory. Mandatory compliance with the chapter shall allow for variances thereto.
(6) All horizontal and vertical measured distances shall be expressed to the nearest tenth of a foot and its metric equivalent, unless specifically stated otherwise.
(7) The words “lot,” “plot,” “piece” and “parcel” of land are interchangeable.
(8) The words “used for,” shall include the phrases “arranged for,” “designed for,” “intended for,” “improved for,” “maintained for,” and “occupied for.”
(9) Words defined below are typed in bold italics throughout the document to remind the reader that a definition may apply. This formatting technique is used solely for convenience of reference.
(B) Definitions.
(1) The following words shall be defined as follows for the purpose of this chapter.
ABANDONED BUILDING. A building as defined hereinafter on public or private property, which no longer serves a practical use and, due to its location or structural condition, is considered a safety hazard in the opinion of the Zoning Administrator.
ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. § 168B.011, subd. 2, as it may be amended from time to time, that:
1. Has remained on public property in an inoperable condition for more than 48 hours;
2. Has remained on private property for more than 48 hours without the permission of the owner; or
3. Has remained on private property for more than thirty days and is inoperable or is unlicensed unless kept in a garage or other storage structure.
ABUTTING. Making direct contact with or immediately bordering.
ACCESSORY BUILDING or STRUCTURE. A building or other structure that is supportive, secondary and subordinate in use and/or size to the principal structure on the same parcel or lot which, because of the nature of its use, can reasonably be located at or greater than minimum structure setbacks. Includes all structures not considered the principal structure including, but not limited to, TV tower antennas, dish antennas, outdoor swimming pools, outdoor hot-tubs, detached garages, sheds, guest quarters, and boathouses.
ACCESSORY USE. A use naturally and normally incident and subordinate to the main use of the premises.
ADDITION. A physical enlargement of an existing structure.
ADJACENT. In close proximity to or neighboring, not necessarily abutting.
ADULT BOOK and/or MEDIA STORE. An establishment which has a substantial portion (25% of utilized floor area) of its stock in trade or stock on display books, magazines, films, videotapes, or other media which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments.
ADULT HOTEL or MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
1. A theater in an enclosed building, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
2. Any business which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpt of motion pictures offered for sale or rent.
ADULT MOTION PICTURE ARCADE. Any place wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE. Any of the adult activities and businesses described above constitute “adult oriented businesses” which are subject to the regulation of this chapter.
AGENT. Any person acting on behalf of a landowner in dealing with activities under the jurisdiction of the chapter, including but not limited to realtors, contractors or attorneys.
AGRICULTURAL BUILDING or STRUCTURE. Any building or structure, existing or erected, which is used principally for agricultural purposes.
AGRICULTURAL USE. The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses used for packing, treating or storing the product, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT. Any premises used or intended for use for the landing and taking off of aircraft including any structures used or intended for use for aircraft services.
ALTERATION. A change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another, of a building or a structure.
ANIMAL BOARDING FACILITY. An establishment that houses animals, other than those belonging to the occupant, overnight or over an extended period of time.
ANIMAL GROOMING ESTABLISHMENT. An establishment principally engaged in grooming animals in which overnight boarding is prohibited.
ANIMAL HUSBANDRY. The care or breeding of domestic or farm animals such as cattle, hogs, horses, poultry, sheep, goats, llamas, emus, dogs (more than two) or cats (more than three) for the occupants of a property.
ANIMAL UNIT. A unit of measure based on the approximate production of wastes from 1,000 pounds of live weight of poultry or animals.
Animal Units |
Animal Units | |
1 slaughter weight steer or heifer | 1 |
1 mature dairy cow or horse | 1.4 |
1 swine over 55 pounds | 0.4 |
1 sheep | 0.1 |
1 goose | 0.1 |
1 duck | 0.05 |
1 turkey | 0.18 |
1 chicken | 0.1 |
ANIMALS, DOMESTIC. Common household pets, such as dogs, cats, pet fish and caged reptiles kept for amusement, companionship, decoration or interest.
ANIMALS, FARM. Cattle, emus, fish, fowl, goats, llamas, swine, sheep, horses, and other animals raised for the purposes of food consumption, for conducting agricultural use or for the purposes of animal husbandry.
ANIMALS, SPECIALTY. Goats, sheep and pigs kept as a household pet not exceeding two per household and appropriate for urbanized land areas by not creating any nuisance to the surrounding neighborhood in regards to safety, noise, smell, disease, inappropriate size or other visual nuisance as determined by a reasonable person. Residences must be free of excreta, and any enclosure shall be kept clean and dry at all times and supplied with fresh, dry hay or straw. Animals shall be controlled by a leash, harness or tether whenever outside of a structure or fenced area.
ANIMALS, WILD or EXOTIC. Animals, such as wolves, tigers, lions and snakes, that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, and omni-directional antennas such as whip antennas. Dishes under 36 inches are excluded from the definition of antenna.
APARTMENT. A room or suite of rooms that is designed for, intended for, or occupied as a residence by a family or individual, and is equipped with sanitary facilities.
APPEAL. An application for the review of an order, requirement, decision, determination or interpretation of this chapter made by an administrative officer in the application and/or enforcement of this chapter.
AQUIFER. A geological unit in which porous and permeable conditions exist and thus are capable of yielding usable amounts of water.
ARCHITECTURAL PROJECTION. A non-functional or ornamental feature on a building or other structure that does not extend to, or from, the ground.
ARTIST'S STUDIO. A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler, photographer or other similar art that requires artistic skill, where the public is received or where the artist is engaging in retail sales. Not generally utilitarian, related to personal hygiene or adornment.
ATTACHED. Two buildings or structures that combine to form one building or structure through the use of at least one common wall, not including a breezeway.
ATTORNEY. The attorney duly appointed by the Council to represent the city.
AUTO REPAIR FACILITY. A commercial facility with the primary use being automobile repair offering services including but not limited to oil changes, vehicle alignment, tire rotation, brake services, engine repair, and automobile painting.
AUTO SALVAGE YARD. A lot or yard where four or more motor vehicles are stored while parts are removed, where crushing occurs or where storage pending crushing may occur.
AUTO TRIP. Transport in a vehicle that includes both an arrival and a departure from a location.
AWNING. A roof-like cover, often of fabric, plastic, metal or glass and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning.
BALCONY. Same as a deck.
BANNER. A temporary sign constructed out of paper, plastic, cloth, cardboard or some other non-permanent material and affixed to poles or the side of a building in a manner than can be easily moved, modified or rearranged.
BASE FLOOD ELEVATION. The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of the excavation below ground level.
BATHROOM. A room containing a toilet with a shower or a bathtub or a sink.
BED AND BREAKFAST DWELLING. A dwelling, single family, licensed through the Aitkin County Public Health Services, where, for compensation, meals and lodging are provided for three or more unrelated persons, but not exceeding eight persons. The owner of the parcel must live on the premises.
BEDROOM. A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets and may have access to a bathroom.
BEST MANAGEMENT PRACTICES or BMPS. A practice or combination of practices for preventing or reducing diffuse or non-point source pollution to a level compatible with water quality goals. BMPs are dependent on the best available technology or information for resource management.
BILLABLE TRANSACTION. Every reportable transaction conducted by a pawnbroker is a billable transaction except renewal, redemptions, or extensions or existing pawns on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations.
BILLBOARDS. A commercial sign which directs attention to a business, activity, service, entertainment or a product not exclusively related to the premises or property where such sign is located.
BLOCK. An area of land bounded by streets, exterior boundary lines and/or bodies of water.
BLOCK, COMMON. A molded concrete polyhedron which is uniformly eight inches in height, eight inches in depth and 16 inches in width, which is commonly referenced as a block within the United States. All mortar applied between blocks is included within the measurements of a common block for the purposes of this chapter.
BLUFF.
1. A topographic feature such as a hill, cliff or embankment having all of the following characteristics:
a. Part or all of the feature is located in a shoreland area;
b. The slope rises at least 25 feet above the ordinary high water mark of the water body;
c. The grade of the slope from the toe of bluff to a point 25 feet above the ordinary high water mark averages 30% or greater; and
d. The slope must drain towards the water body.
2. An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff.
BLUFF IMPACT ZONE. A bluff and the land located within 30 feet inland from the top of the bluff.
BOARDING HOUSE. Same as bed and breakfast dwelling.
BOAT ACCESS. A ramp, road or other conveyance which allows the launching and removal of a boat with a vehicle and trailer.
BOARD OF ADJUSTMENT. The Board, appointed by the City Council, to hear appeals from actions of the Zoning Administrator, and variance requests.
BOAT STORAGE STRUCTURE. A structure used for the storage of boats.
BREW ON PREMISES STORE. The owner of a brew on premises store shall not be considered a brewer, manufacturer, wholesaler, or retailer of intoxicating liquor if the owner complies with 27 C.F.R. part 25, subpart L, §§ 25.205 and 25.206. A BREW ON PREMISES STORE is a facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use. (M.S. § 340A.33)
BREW PUB. A small distributor brewer, authorized to complete on-sale or off-sale transactions of intoxicating liquors provided sales do not exceed 3,500 barrels produced by the brewer per year and no more than 500 barrels off-sale are provided in one year. (M.S. § 340A.24)
BREWERY, LARGE DISTRIBUTOR. A facility producing more than 20,000 barrels of malt liquor annually that may not offer distribution of growlers or on-site sales.
BREWER, SMALL DISTRIBUTOR. A brewer licensed under M.S. § 340A.301, subd. 6, as it may be amended from time to time, issued by a municipality for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. A brewer may only have one license under this subdivision. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision must comply with M.S. § 340A.285, as it may be amended from time to time.
BUFFER. A vegetative feature as defined by M.S. § 103F.48.
BUFFER STRIP. Land area used to visibly separate one use from another or to shield or block structures, noise, lights, or other nuisances.
BUILDABLE AREA. Any site, lot, parcel or any portion thereof that does not contain designated flood plain, wetlands or areas in excess of 25% slope.
BUILDING. Any structure used or intended for storage, shelter or occupancy.
BUILDING HEIGHT. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height between the eaves and the highest ridge of gable, hip or gambrel roofs or ten feet below the peak, whichever is greater.
BUILDING LINE. A line parallel to a lot line or the ordinary high water mark at the required setback beyond which a structure may not extend.
BUILDING PERMIT. A permit authorizing an Applicant under this chapter to undertake construction or other development activity.
CABIN. See DWELLING UNIT.
CAMPGROUND. Any area, whether publicly or privately owned, consisting of designated campsites with appropriate facilities and management services designed for temporary occupation by tents or recreational vehicles.
CAMPING. Habitation of a temporary structure.
CAMPSITE. A parcel within a resort or campground designated for the occupancy of one family on a periodic basis in a tent or recreational vehicle.
CANOPY. A roof like cover, often of fabric, plastic, metal or glass on a support, which provides shelter over a doorway.
CARPORT. A shelter having one or more open sides primarily intended for storing or providing shelter for one or more automobiles, recreational vehicles, boats and similar vehicles. A CARPORT is an accessory structure for the purposes of this chapter.
CEMETERY, UNPLATTED. Any human remains or burials found outside of platted, recorded or identified cemeteries pursuant to M.S. § 307.08, as it may be amended from time to time.
CHAIRMAN. The individual elected by the Planning Commission to chair their meetings. A vice-chair may also be elected and would serve as chairman when the elected chairman was absent.
CHILD CARE, CENTER. A facility that is maintained, for the whole or part of the day, for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term shall not include any facility licensed as a foster care home or any facility defined as a childcare, family home.
CHILD CARE, FAMILY HOME. A primary residence where, for the whole or part of the day, an owner of the residence, licensed as a child care provider, cares for 12 or fewer children who are 18 years of age or younger and who are not related to the owner, whether such facility is operated with or without compensation for such care.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship and related community activities.
CITY ADMINISTRATOR. The appointed person responsible for administration of the city affairs.
CITY COUNCIL. The duly elected governing body of the city.
CITY SEWER or WATER SYSTEM. A system of municipally maintained utilities, approved by the State, and serving more than one building or property.
CLEAN FILL. Uncontaminated soil, sand, gravel, rock, or concrete. CLEAN FILL does not consist of metal, drywall, asphalt, or any substance containing petroleum, heavy metals, chemicals, or any substance with potential to be soluble in water, migrate in water, and contaminate water.
CLEAR CUTTING. See VEGETATION REMOVAL, CLEAR CUTTING.
COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service or entertainment.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, trade of products, goods or services.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. All commercial wireless telecommunications services including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.
COMMISSIONER. The commissioner of the Department of Natural Resources (Shoreland) or Department of Transportation (Airport).
COMMON INTEREST COMMUNITY (CIC). The contiguous or noncontiguous real estate within Minnesota that is subject to an instrument which obligates persons owning a separately described parcel of real estate, or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for (i) real estate taxes levied against; (ii) insurance premiums payable with respect to; (iii) maintenance of; or (iv) construction, maintenance, repair, or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies. Real estate subject to a master association, regardless of when the master association was formed, shall not collectively constitute a separate Common Interest Community unless so stated in the master declaration recorded against the real estate, pursuant to M.S. § 515B.2-121, subd. (f)(1). (Minnesota Common Interest Ownership Act, M.S. 515B.1-100 et seq.).
COMMUNITY PARK. A park designed to provide recreational opportunities to serve the entire community.
COMPREHENSIVE PLAN. Also referred to as community plan. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution.
CONDITIONAL USE. A land use or development as defined by this chapter that would not be appropriate without restriction, but may specifically be allowed with restrictions of conditions as determined by the Planning Commission and the Council upon a finding that:
1. The use or development is an appropriate conditional land use in the land use zone;
2. The use or development, with conditions, conforms to the comprehensive land use plan;
3. The use, with conditions, is compatible with the existing neighborhood; and
4. The use, with conditions, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity of the city.
CONDOMINIUM. A form of individual ownership with a multi-family building or development with joint responsibility for maintenance and repairs. In a condominium, each apartment or townhouse is owned outright by its occupant, and each occupant owns a share of the land and other common property of the building.
CONSERVATION PARCEL. A parcel of land set aside from development in a rural conservation subdivision.
CONTIGUOUS. The sharing of a common border at more than a single point. Lots, parcels or boundaries may be considered contiguous where separated by rights-of-way, rivers or streams.
CONTROLLED ACCESS LOT. Any lot which is designated for the exclusive use by non-riparian landowners within a subdivision as a means to gain access to a lake, river or stream.
COUNCIL. The City Council, as established by state law.
CRAWL SPACE. The space below the first story of a structure not more than four feet high and not intended for human habitation.
CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
CUL-DE-SAC. A short local street terminating in a vehicular turnaround.
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.
DENSITY. The number of dwelling units residing upon, or to be developed upon, an acre of land.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DIAMETER AT BREAST HEIGHT (DBH). The width of a tree or shrub as measured at four and a half feet above the ground surface.
DISTILLERY, COCKTAIL ROOM. A property authorized to produce distilled spirits and offer on-site/on-sale consumption on or adjacent to the distillery location not to exceed 15 milliliters per variety per person and no more than 45 milliliters in total spirits per person per day. (M.S. § 340A.22, subd. 2)
DISTILLERY, OFF SALE. A distillery may be licensed to sell one off-sale 375 milliliter bottle per customer per day of a distilled spirits product manufactured on-site. (M.S. § 340A.22, subd. 4)
DOCK. A platform extending water ward from the shoreline intended for ingress and egress for moored watercraft or to provide access to water for swimming, fishing or other water orientated activities.
DORMITORY. A building, or portion thereof, providing group sleeping accommodations in one room, with shared bath and toilet facilities.
DUPLEX, TRIPLEX or QUAD. A structure on a single lot having two, three or four dwelling units respectively being attached by common walls, and each being equipped with separate sleeping, cooking, eating, living and sanitation facilities.
DWELLING, GUEST QUARTERS. A structure, not for sale or lease, used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling on the lot. Any accessory structure with kitchen or bathroom facilities shall be considered a dwelling, guest quarters.
DWELLING, MULTI-FAMILY. Two or more dwelling units attached together by any point including duplexes, triplexes, townhouses and multi-level units regardless of type of ownership.
DWELLING, MULTI-LEVEL. A type of multi-family housing consisting of dwelling units stacked one above the other, creating a party floor or floors between units.
DWELLING, SINGLE-FAMILY. A dwelling unit totally separated from any other dwelling unit.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter including camping and recreational vehicle sites.
DWELLING, TOWNHOUSE. A type of multi-family housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat or condominium plan.
DWELLING UNIT. A structure or portion of a structure or other shelter designed as a short or long term living quarters for one or more persons including rental or time share accommodations such as a motel, hotel, resort rooms and resort cabins.
DWELLING WIDTH. The smallest horizontal dimension of the major portion of a dwelling.
EARTH TONE. A shade of color that, when viewed from a distance, blends with the colors of the surrounding landscape.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways, and gas lines. An easement may also be granted for such uses as recreational trails, vehicular access, natural resource protection or management, limiting development, and similar uses.
ENGINEER. The Engineer duly appointed by the Council to perform technical services for the city.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing.
ESSENTIAL SERVICES. Means the provision of services to individual parcels by public utilities or municipal departments or commissions, or underground or overhead gas, electrical, communication, steam or water transmissions or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith (but not including buildings or transmission services) reasonably necessary for the furnishing of adequate service by such public utilities or entities for the public health, safety, or general welfare. This does not include wireless communication.
EXTERIOR STORAGE. Storage of goods, materials, equipment, manufactured products outside a fully enclosed building. Exterior storage includes open storage and outside storage.
EXTRACTIVE USE. The use of land for removal of sand, gravel, rock, industrial minerals, soil, other non-metallic minerals or peat not regulated under M.S. §§ 93.44 to 93.51, as it may be amended from time to time.
FAMILY. An individual, or two or more persons related by blood, marriage, adoption, or a relationship legally recognized in Minnesota, or not more than five unrelated persons maintaining a common household.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a) through 1(d), as it may be amended from time to time. An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FEE SCHEDULE. The official schedule of land use related fees and penalties adopted by the City Council.
FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.
FENCE. A constructed barrier, including berms, intended to prevent escape or intrusion, or to mark a boundary, to shield or screen view, or to perform any similar function.
FILLING. The act of depositing any fill material.
FILTER STRIP. The use of land topography and native vegetation to provide runoff, erosion, and sedimentation control.
FINAL CONDOMINIUM PLAT. A drawing prepared by a registered architect, licensed engineer or licensed surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. § 515A.2-110, as it may be amended from time to time.
FINAL FLOOR PLAN. A drawing prepared by a Registered Architect, Licensed Engineer, or Licensed Surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. § 515A.2-110, as it may be amended from time to time.
FINAL PLAT. A drawing, in final form, showing a proposed subdivision containing all information and detail required by state statutes and by the subdivision ordinance to be presented to the Planning Commission and the City Council for approval, and which, if approved, may be duly filed with the Aitkin County Recorder.
FISH HOUSE. A structure placed on a lake during the winter for use in fishing. A structure will only be considered a fish house if it is 160 square feet or less, is moveable and has a current license.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the flood insurance study for the city
FLOOD PLAIN. The areas adjoining a water course, intermittent or permanently flowing, which have been or will be covered by the runoff waters of a storm with a 1% chance of occurrence any year (100-year storm).
FLOOD PROOF, FLOOD PROOFED, FLOOD PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source. (See FLOOD).
FLOOD, REGIONAL. A flood which can be expected to occur on an average frequency of once in a 100-year interval or a flood having a one percent chance of being equaled or exceeded in any given year. The term REGIONAL FLOOD shall be synonymous with the term base flood as defined used within the flood insurance study for the city.
FLOODWAY. The bed of a wetland or lake and the channel of a water course and those portions of the adjoining flood plain which are reasonably required to carry and store the regional flood discharge (100-year chance of occurrence.)
FOOTPRINT. The horizontal extent to which a structure covers the ground plane as represented in a plan view including cantilevered building elements but excluding eaves and similar architectural projections of the roof plane.
FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest land.
FORESTRY. The management of land for forest, woodland, or plantation uses for one or more of the following purposes:
1. To establish and maintain timber resources;
2. To harvest timber, including the selling of firewood;
3. To establish and maintain healthy and well-balanced forest;
4. To establish and maintain wildlife diversity and habitat for game and non-game species;
5. To provide outdoor recreation activities; and
6. To protect soil and water resources.
FRONTAGE. The uninterrupted front boundary line of a lot, or the length of such line, that abuts on a street or protected water.
GARAGE, ATTACHED. A part of the principal structure designed for the storage of motor vehicles.
GARAGE, DETACHED. An accessory structure not attached to the principal structure on the property designed and used for storage.
GRADING. The movement of dirt, by mechanical means, so as to alter the existing topography of a property.
GREEN SPACE. Privately owned property permanently dedicated by covenant or deed restriction to vegetate ground coverage with allowance for use as recreational facilities, tree coverage, water course, sewage disposal or similar uses. Public property permanently dedicated to park, vegetative buffer, tree coverage or water courses.
GROUP CARE FACILITIES. A facility which provides residential services for individuals that are handicapped, aged, disabled or undergoing rehabilitation. This includes uses such as homes for the physically handicapped, mentally retarded, chemically dependent, foster children, maternity shelters and half-way houses.
GROWLER. Sixty-four-ounce or 750-milliliter containers provided for off-sale distribution at a taproom. (M.S. § 340A.285)
HAZARDOUS MATERIAL or SUBSTANCE.
1. Any material solid, semi-solid, liquid, gaseous which, because of its quantity, concentration, or chemical, physical or infectious characteristic may:
a. Cause or contribute to an increase in mortality or illness;
b. Pose a hazard to human health of the environment when improperly treated, stored, used, or managed.
2. Categories include explosive, flammable, or combustible liquids or infectious solids, or compressed radioactive gas, or oxidizers, or poison or toxic liquids or solids, irritants, corrosives, or any other item as defined in 49 C.F.R. Ch. 1, Part 172.
HAZARDOUS WASTE. Any refuse, sludge, or other waste material or combination of refuse, sludge, or other waste material in solid, semi-solid, liquid, or contained gaseous form which, because of its quantity, concentration, or chemical, physical, or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Categories of hazardous materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
HEADWATERS LAKES. These are the nine lakes within the Mississippi Headwaters Corridor: Carr, Cass, Irving, Bemidji, Stump (impoundment), Winnibigoshish, Little Winnibigoshish, Wolf, and Andrusia.
HOME OCCUPATION. A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
HOME OCCUPATION, TYPE I. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on or off-premise. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis.
HOME OCCUPATION, TYPE II. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working on site. No signage done either on or off-premise. Would include businesses that are similar in nature to telephone sales, consulting, or web design.
HOME OCCUPATION, TYPE III. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than sixty auto trips per week, including deliveries. No more than two employees, in addition to the owner working on site. May include on-premise signage. May include retail sales of items manufactured on-premise. Would include businesses that are similar in nature to chiropractic service, artist studio or craft shop.
HOME OCCUPATION, TYPE IV. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work off-premise. May include on-premise storage or warehousing of work related materials. Would include businesses that are similar in nature to lawn care services and off-premise sandblasting services.
HOTEL. A building containing three or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and on-premise management and reception services.
HOUSE OF WORSHIP. Same as church.
IMPERVIOUS SURFACE. A constructed hard surface that prevents or retards 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, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, or gravel driveways; and other similar surfaces.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A sewage treatment system, or part thereof, serving a dwelling, or the establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. Individual sewage treatment system includes holding tanks and privies.
INDUSTRIAL USE. 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.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
ISTS. Individual sewage treatment system.
JUNK YARD. An area where used waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleared, parked, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of materials in conjunction with the construction of a manufacturing process shall not be included. Three or more automobiles without current licenses constitute a junk yard. Such use shall not include putrid wastes such as garbage.
LANDFILL. A method of solid waste disposal in which refuse is buried between layers of dirt.
LANDSCAPING. Plantings such as trees, grass, shrubs, and decorative timbers, arbors, rocks and water displays.
LICENSED ENGINEER. A person licensed as a professional engineer by the State of Minnesota.
LICENSED SURVEYOR. A person licensed as a professional land surveyor by the State of Minnesota.
LIGHT POLLUTION. The upward and outward distribution of light either directly from fixtures or from reflection off of the ground of other surfaces.
LITTER. Waste materials including but not limited to, cans, bottles, plastic and paper wrappings or containers.
LIVESTOCK. Farm animals, such as cattle, sheep, swine, horses, mules, goats, llamas or camels raised for home use or for profit, especially on a farm.
LOT. A parcel, piece or portion of land described by metes and bounds, registered land survey, auditor's plat, or subdivision plat and separated from other parcels or portions of land by said description for purposes of sale, lease, mortgage, building or separation.
LOT AREA. The horizontal area of a lot bounded by the lot lines and above the ordinary high water mark if bounded by water.
LOT CONSOLIDATION. The removal of lot lines between two or more properties with one or more common lot lines and not separated by a right-of-way, street or ally that results in one parcel.
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 one street with the internal angle less than 135 degrees.
LOT, FRONT. The boundary of a lot which abuts on a public right-of-way, or if a corner lot, the shortest of the two boundaries.
LOT LINE. The property lines bounding a lot except that where the description extends into a public right-of-way, the right-of-way line shall be considered the lot line.
LOT LINE ADJUSTMENT. A legal transfer of ownership and minor relocation of property boundaries between adjacent properties with one or more common lot lines that do not create additional lots or an increase in a non-conforming use or create an unbuildable lot on either parcel.
LOT, PRE-EXISTING. A lot which is one unit of a subdivision plat heretofore duly approved and filed or one unit of an auditor's subdivision, or registered land survey, or a lot created by metes and bounds that has been recorded in the office of the Aitkin County Recorder prior to the effective date of this chapter.
LOT TIER DEPTH. The lot depth of a normal lot conforming to the shoreland requirements.
All rivers | 300 feet |
LOT TIERS. Successive strips of land parallel with the ordinary high water mark, each one tier depth wide, and extending across the parcel.
LOT WIDTH. The minimum distance between:
1. Side lot lines measured at the midpoint of the building line; and
2. Side lot lines at the ordinary high-water level, if applicable.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.
MAINTENANCE. The normal upkeep of a structure including the replacement of windows, siding, roofs, nonbearing walls or interior remodeling that does not expand the footprint of the existing structure, add volume to the usable living space or intensify a non-conforming use.
MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is 640 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 such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the Department of Housing and Urban Development (HUD) and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle.
MARINA. A dock or set of docks on a single parcel that contains more than three slips or more slips than first tier dwelling units, whichever is greater.
MARQUEE. Any permanent roof like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.
MATERIAL ADVERSE EFFECT. The real or potential, acute or chronic negative impact of a use which, in the opinion of the city, may result in a negative effect on the environment. The Applicant may be required to demonstrate the nature and extent of an adverse effect.
MATURE TREE. A living tree greater than four inches in diameter.
MEDICAL MARIJUANA CULTIVATION FACILITY. A building or structure and the associated premises used to grow the marijuana plant or incorporate into consumable/edible goods or similar products by means of cooking, blending, or incorporation; a facility may include accessory storage and processing of medical marijuana grown on premises.
MEDICAL MARIJUANA DISPENSARY. A distribution center guided by M.S. Ch. 152, as it may be amended from time to time, that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.
METES AND BOUNDS. A method of property description utilizing directions and distances commencing from and terminating at an identifiable point.
MICRODISTILLERY. A distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year as defined in M.S. § 340A.101, subd. 17A, as may be amended.
MINOR LOT SUBDIVISION. A subdivisions of land into not more than three lots in five years that do not require any new street, require any public improvements and result in a buildable lot area for each of the subsequent parcels.
MISSISSIPPI HEADWATERS BOARD (MHB). The Board composed of one county commissioner from Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison Counties, formed as a joint powers board pursuant to M.S. §§ 471.59 and 103F.367, subd. 1, as they may be amended from time to time.
MISSISSIPPI HEADWATERS COMPREHENSIVE PLAN (PLAN). The comprehensive land use plan adopted pursuant to M.S. § 103F.369, as may be amended from time to time.
MISSISSIPPI HEADWATERS CORRIDOR (CORRIDOR). The lands and waters contained within the Mississippi River and Headwaters Lakes Zoning Districts and identified in the Mississippi Headwaters Board Comprehensive Plan maps. The Mississippi Headwaters Corridor is generally 500 feet (Scenic River) or 1,000 feet (Wild River and Headwaters Lakes) on either side of the Mississippi River, as measured from the ordinary high water mark.
MISSISSIPPI RIVER RESOURCES INVENTORY. The list of recreational sites, endangered species, and important archaeological sites in the Mississippi Headwaters Corridor and made available at the Mississippi Headwaters Board.
MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory, or other site which is not the property where final construction or installations are made, and transported to a building site where final installations are made, permanently affixing the module to the site. A modular home does not have a permanent chassis affixed to it and is constructed in such a way as to conform to the building code adopted by the city and is not subject to registration as a manufactured home by the Department of Housing and Urban Development (HUD).
MOTEL. A building containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with parking space reserved for each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests.
NATURAL DRAINAGEWAY. All land surface areas which, by nature of their contour or configuration, collect, store and channel surface or runoff water.
NEIGHBORHOOD. The area adjacent to or surrounding existing or proposed development characterized by common use or uses, density, style and age of structures and environmental characteristics.
NON-COMMERCIAL SPEECH. Dissemination of messages not classified as Commercial speech which include, but are not limited to messages concerning political, religious, social, ideological, public service and informational topics.
NON-CONFORMING. The building, structure or land lawfully existing prior to and not in conformance with the provisions of this chapter.
NUISANCE. By authority and direction of M.S. § 412.221, subd. 23 and 24, as it may be amended from time to time; and defined by §§ 94.01 to 94.07, as amended, revised or renumbered, NUISANCE is anything that interferes with the use or enjoyment of property, endangers personal health or public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact and other similar interferences or offenses.
NURSERY. A retail business growing and selling trees, flowering or decorative plants and shrubs.
NURSING HOME. Any institution or facility required to be licensed as such under M.S. §§ 144.50 to 144.56, as they may be amended from time to time, by the State Board of Health.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
OFFICIAL MISSISSIPPI HEADWATERS CORRIDOR MAP. The MHB corridor map established in the Mississippi headwaters comprehensive plan.
OFF-STREET PARKING. A designated space or area of land with a paved or all-weather surface not within a public street or right-of-way and used for the parking of vehicles.
OPEN DISTRICT. A zoning district defined by natural features to be unsuitable for any dwelling and unsuitable for any other development except in accordance with the conditional use permit process. Corresponds to the DNR Special Protection District.
OPEN SPACE, RECREATIONAL USES. Any recreation use particularly oriented to and utilizing the outdoor character of an area including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreation areas.
ORDINARY HIGH WATER MARK (OHW). The boundary of public waters and wetlands consisting of an elevation delineating the highest water level which has been maintained for sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses the ORDINARY HIGH WATER MARK is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water mark is the operating elevation of the normal summer pool.
OVERLAY MAP. An official map of the city that describes the location of an overlay zone.
OWNER. An individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having proprietary interest in the land and/or building.
PARKING SPACE. A ten-foot by 20-foot site off public right-of-way, maintained and sized to accommodate the parking of one automobile
PARTY WALL or PARTY FLOOR. A common wall which divides two independent dwelling units or businesses.
PASTURE. Areas where grass or other growing plats are used for grazing of domestic livestock and where the concentration of animals is such that vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding, temporary holding facilities, or watering devices.
PATIO. An unenclosed impervious surface adjoining to a structure located at grade.
PAWNBROKER. Any natural person, partnership, or corporation, either as principal, or agent, or employee thereof, who loans money on deposit or pledge of personal property, or other valuable item, or who deals in the purchasing of personal property, or other valuable items, on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker's business includes buying personal property previously used, rented, or leased, or selling it on consignment, the provisions of this chapter shall be applicable.
PERMANENT FOUNDATION. The structural supports of a building that allow the building to be physically attached to the ground consisting of concrete, concrete and concrete block, or treated wood portion of a structure that supports the bearing loads of the superstructure and penetrates the ground providing frost protection. Must meet the provisions of the building code adopted by the State of Minnesota.
PERMITTED USE. A land use conforming to the character of a zoning district which is permitted by ordinance requiring only a zoning permit issued by the Zoning Administrator.
PET. An animal commonly associated with human habitation, not considered under animal units and not raised for production of income.
PLANNED UNIT DEVELOPMENT, COMMERCIAL. Uses that provide transient, short-term lodging spaces, rooms, or parcels in which the operation is essentially service orientated. These shall include but not be limited to hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service oriented activities.
PLANNED UNIT DEVELOPMENT (PUD). A land use characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common green space, density increases, and mix of structure types and land uses. Does not include a duplex where specifically allowed in a zoning district on a single parcel of land.
PLANNED UNIT DEVELOPMENT, RESIDENTIAL. A use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. Includes time share condominiums not part of a resort.
PLANNING COMMISSION. The body duly appointed by the City Council to determine the development of the city and make recommendations to the City Council on comprehensive plans, zoning district boundaries, conditional use permits, subdivision of land and capital improvements.
PORCH. A covered platform attached to a structure.
PORCH, ENCLOSED. A covered platform attached to a structure with more permanent enclosures than those described in “porch”.
PORTABLE. Capable of being transferred or moved from one place to another.
PRELIMINARY PLAT or PLAN. A plan prepared in accordance with the subdivision ordinance depicting the proposed subdivision of property by final plat or final floor plan.
PRINCIPAL STRUCTURE or USE. The single primary structure or use on a lot, as distinguished from accessory uses or structure. To be considered a principal structure, the structure must be at least 400 square feet.
PROTECTIVE COVENANTS. Restrictions placed on the property by the owner and duly filed with the County Recorder. These may also be used in planned unit developments to establish homeowners associations, restrict shoreline development and provide for common facilities.
PUBLIC LAND. Land owned or managed by a municipality, school district, county, state, federal, or other unit of government.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15 and 15a, as may be amended from time to time. However no lake, pond or flowage of less than ten acres in size in municipalities need be regulated for the purposes of the shoreland management rule. A body of water created by a private user where there was no previous shoreline may, at the discretion of the local government, be exempted from the shoreland management. The official determination of the size and physical limits of drainage areas of rivers and streams should be made by the Commissioner of the Department of Natural Resources.
QUAD. See DUPLEX, TRIPLEX or QUAD.
REACH. A hydraulic engineering term to describe the longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL EQUIPMENT. Equipment, both motorized and non-motorized, that is subject to licensing by the State of Minnesota and is designed primarily for recreational use.
RECREATIONAL VEHICLE. Vehicles for recreational use that can be driven, towed or hauled. These vehicles are designed to be temporary living space for camping or travel use. RVs shall include travel trailers, camper trailers, truck campers, self-propelled motor homes and other similar vehicles.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term “base flood” used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
RESORT. Any buildings, structures or enclosures kept, used, maintained or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public and primarily to those seeking recreations, for periods of one day, one week or longer, and having for rent three or more cottages, rooms or enclosures along with any related facilities such as restaurants, bars, golf courses or other recreational amenities.
RESTAURANT. An establishment where the principal business is the preparation, service and sale of food and beverages to be consumed by customers at tables or counters located within the building on the premises.
RETAIL SALES/SERVICES. Firms involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.
RIGHT-OF-WAY. A parcel of property dedicated to the public, connecting to other public right-of-ways, which affords primary access by pedestrians and vehicles to abutting properties.
RIVER CLASSIFICATION, SCENIC. River segments which are generally located in the middle reaches of river systems. Common land uses include forests with riparian development strips and mixtures of cultivated, pasture, and forested land beyond. Some seasonal and year-round residential development exists, particularly within commuting distances of major towns. The types and intensities of recreational uses within this class vary widely.
RIVER CLASSIFICATION, WILD. River segments which are located in forested, sparsely populated areas. Predominant land uses include multiple use forestry, some recreation facilities, seasonal residential, and, within commuting distance of major towns, some year-round residential uses. Low intensity recreational uses of these rivers and adjacent lands are common.
RURAL CONSERVATION SUBDIVISION. A method of subdividing land that provides for preservation of open space and clustering of individual lots.
SCREENING. Fencing, an earthen berm or vegetative growth that visually separates one object from another.
SEMI-PUBLIC USE. The use of land by private non-profit organizations 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 ground water or bedrock, highly erosive or expansive soils, steep slopes, acceptability to flooding or occurrence 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 mark, sewage treatment system, top of bluff, road, highway, property line or other facility. Three feet of roof overhang, stoops not exceeding 30 square feet and steps and ramps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, INTERIOR LOT. In a Planned Unit Development, the closest horizontal distance between the lot line and the foundation or wall of a structure when the lot line is not the exterior boundary of the development. Three feet of roof overhang, stoops not exceeding 30 square feet and steps and ramps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, ROAD. The closest horizontal distance between the road right-of-way line and the foundation or wall of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and steps and ramps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, SIDE, EXTERIOR. The closest horizontal distance between the exterior boundary side lot line and the foundation or wall of a structure. This setback takes precedence over setback, interior lot, where any conflict exists. Three feet of roof overhang, stoops not exceeding 30 square feet and steps and ramps from stoop to ground not over four feet wide may protrude into the setback.
SETBACK, WATERFRONT. The closest horizontal distance between the ordinary high water mark and the foundation or wall or edge of a structure. Three feet of roof overhang, stoops not exceeding 30 square feet and steps and ramps from stoop to ground not over four feet wide may protrude into the setback.
SEWAGE TREATMENT SYSTEM. Has the meaning given under Minn. Rules, part 7080.1100, subp. 82.
SEWER SYSTEM. Pipe lines or conduits, pumping stations and force main and all other constructions, devices, appliances or appurtenances used for conducting sewage or industrial waste or other waste to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water mark of a public water and a line parallel to it at a setback of 50% of the normal structure setback.
SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or landward extent of a flood plain 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 water for lesser distances and when approved by the Commissioner of the Department of Natural Resources.
SHORELINE. Property directly abutting a public water, generally located in the first lot tier adjoining the public water.
SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.
SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN HEIGHT. The height of a sign shall be computed as the vertical distance measured from the grade immediately below the sign to the top of the highest attached component of the sign.
SIGN STRUCTURE. Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.
SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any signs remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs for which a conditional use permit or a variance have been approved shall also be subject to the definition of abandoned sign.
SIGN, AWNING. A building sign or graphic printed on or in some fashion attached directly to the awning material.
SIGN, BALLOON. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter.
SIGN, BUILDING. Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy.
SIGN, CANOPY. Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs.
SIGN, CHANGEABLE COPY. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period.
SIGN, DIRECTORY. A sign erected at an intersection that lists the residences or businesses that reside along the intersecting roadway.
SIGN, FLASHING. A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling.
SIGN, FREESTANDING. Any sign which has a supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.
SIGN, GOVERNMENTAL. A sign erected and maintained by or on behalf of the United States, the state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size, location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose..
SIGN, ILLUMINATED. Any sign which contains an element designed to emanate artificial light internally or externally.
SIGN, LEGALLY ESTABLISHED NONCONFORMING. Any sign and its support structure lawfully erected prior to the effective date of this chapter which fails to conform to the requirements of this chapter. A sign which was erected in accordance with a variance granted prior to the adoption of this chapter and which does not comply with this chapter shall be deemed to be a legally established nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign.
SIGN, MARQUEE. Any building sign painted, mounted, constructed or attached in any manner, on a marquee.
SIGN, OFF-PREMISE. A sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such sign is located. For purposes of this chapter, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement of other appurtenance shall be considered an OFF-PREMISE SIGN.
SIGN, ON-PREMISE. A sign which identifies an establishment, person, activity, goods, products or services located on the premises where the sign is installed.
SIGN, POLE. See PYLON SIGN.
SIGN, PORTABLE. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such sign.
SIGN, PROJECTING. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two feet beyond the surface of such building or wall face.
SIGN, PYLON. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.
SIGN, ROTATING. A sign or portion of a sign which turns about on an axis.
SIGN, SANDWICHBOARD. A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services.
SIGN, SHIMMERING. A sign which reflects an oscillating sometimes distorted visual image.
SIGN, WALL. Any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
SIGN, WINDOW. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window or glass and is visible from the exterior of the window.
SIGNIFICANT HISTORICAL or CULTURAL SITE. Any archeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historical Places, or is listed in the State Register of Historical 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. An HISTORICAL SITE meets this criterion if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORICAL SITES.
SKETCH PLAN. A plan drawn to scale used for planning and discussion purposes only.
SLAUGHTER. Killing of animals; specifically, the butchering of livestock for market. SLAUGHTER includes evisceration, the removal of the internal organs from a carcass.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with 100-year floodplain.
SPECIFIED ANATOMICAL AREAS (ADULT USE). Include any less than completely and opaquely covered human genitals, pubic region, or pubic hair, buttocks and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES (ADULT USE). Any of the following conditions:
1. An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.
2. Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed.
3. Masturbation or lewd exhibitions of the genitals including any explicit, close-up presentation of a human genital organ clothed or unclothed.
4. Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
STEEP SLOPE. Lands having average slopes over 12% as measured over horizontal distances of 50 feet or more, but which are not bluffs.
STOOP. An entry platform into a structure.
STORAGE CONTAINER or POD. A movable container used for the purposes of storing or accumulating goods or personal property to be moved to an offsite location for storage or disposal.
STORAGE SHED. Refer to accessory structure.
STREET. A public right-of-way that provides primary vehicular access to abutting property and shall include avenue, road or highway. Street classifications are defined in the comprehensive plan unless defined in a roadway classification plan or other similar road specific plan.
STREET, ARTERIAL. A street that has the primary function of rapidly moving traffic to or through the city. May provide access to abutting land. Arterial streets are, in general, county or state highways that begin and terminate outside of the city limits or connect to other arterial streets within the city.
STREET, COLLECTOR. A street that has the primary function of receiving and distributing traffic to and from local streets and providing distribution of traffic within. May provide access to abutting lots. In general, collector streets begin and terminate at arterial streets or other collector streets.
STREET, LOCAL. A street, the function of which is to provide localized access to individual parcels. Does not normally carry through traffic. Traffic volumes and traffic speeds are expected to be low.
STRUCTURE. Any building, appurtenance including any deck or other facility, constructed, placed or erected by man except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines and except walks or steps on grade not more than four feet wide outside of the Shore Impact Zone, stoops not exceeding 30 square feet, temporary furniture, planter, or decorative material and retaining walls consisting of wood or decorative block.
SUBDIVIDER. The owner, agent, person, corporation, partnership or legal entity proposing to subdivide property under his control.
SUBDIVISION. The division of real estate into two or more parcels for the purpose of sale, rent or lease, including planned unit development.
SUBDIVISION BY CONDOMINIUM PLAN. The subdivision of a building or the subdivision of real estate into two or more spaces or parcels of any size by the authority of M.S. Ch. 515A, as it may be amended from time to time with documents prepared by a licensed surveyor and duly approved by the Planning Commission and Council.
SUBDIVISION BY METES AND BOUNDS. Any division of real estate resulting in two or more parcels which are not platted but divided by description prepared and signed by a licensed surveyor.
SUBDIVISION BY PLAT. The subdivision into two or more parcels of any size by the authority of M.S. Ch. 505, as it may be amended from time to time, with documents prepared by a licensed surveyor and duly approved by the Planning Commission and Council.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
2. Any alteration of an “historic structure,” provided that the alteration will not preclude the structure's continued designation as a “historic structure.” For the purpose of this chapter, “historic structure” is as defined in 44 C.F.R. Part 59.1.
SUBSTANDARD LOT. A lot that is non-conforming.
SUBSTANDARD USE. A use that does not conform to this chapter.
SUITABILITY ANALYSIS. An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features; susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.
SURFACE WATER ORIENTED COMMERCIAL USE. The use of land for commercial purposes where access to and use of a surface water feature is an integral part of the normal operation of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.
TAPROOM. AA facility authorized to perform on-sale malt liquor sales produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. The TAPROOM may provide growler off-sale distribution of malt liquor so long as the facility produces less than 20,000 barrels annually, in which case the facility may not distribute on-sale or growlers.
(M.S. § 340A.26)
TEMPORARY. A use or structure that lasts longer than three days and is discontinued within 14 days. Any use or structure existing longer than 14 days, except where specifically provided for in this chapter, shall be considered permanent unless a specific date of discontinuation, agreeable to the Zoning Administrator and the Planning Commission, has been submitted, in writing, to the city.
TEMPORARY STRUCTURE. A structure of a temporary character including but not limited to house boats, fish houses, recreational vehicles and tents.
TOE OF BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.
TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.
TOW YARD. A lot or parcel designated for the temporary storage of vehicles which have been impounded or towed by a public or private towing company, but which does not include permanent vehicle storage, vehicle repair, or dismantling of vehicles.
TOWER. A structure situated on a site that is intended for transmitting or receiving television, radio, telephone, cellular or wireless communications.
TOWER HEIGHT. Determined by measuring the vertical distance from the point of contact with the ground to the highest point of the tower including all antenna or other attachments.
TRAVEL TRAILER. Refer to recreational vehicle.
TREE. A woody plant four inches or more in diameter or eight feet or more in height.
TRIPLEX. See DUPLEX, TRIPLEX or QUAD.
UTILITY SUBSTATION. A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
VARIANCE. The means by which an adjustment is made in the application of zoning regulations to a particular piece of property, which property, because of practical difficulties applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zoning district, and which adjustment remedies the disparity in privileges. See M.S. § 394.22, subd. 10.
VEGETATION REMOVAL. The removal of a stand of trees and brush over ten feet in height on a lot or parcel of land.
VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.
WALKWAY. A parcel of property dedicated to the public for non-vehicular access purposes.
WAREHOUSING. The principal use is the storage of materials or equipment within an enclosed building.
WAREHOUSING, COMMERCIAL. The rental or sale of warehousing space.
WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small above ground building or other improvement, except stairways, fences, docks and retaining walls, which because of the relationship of its use to a surface water feature is located closer to public waters than the normal structure setback. Examples of such structures and facilities include boat houses, gazebos, screen houses, fish cleaning houses and detached decks.
WETLAND. Lands 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. Lands identified as wetland by the National Wetland Inventory (NWI), NRCS Soil Survey of Aitkin County, Aitkin County Soil and Water Conservation District, Army Corps of Engineers or other agency having jurisdiction to identify or delineate wetlands shall be considered a wetland under this chapter. For the purposes of this definition, wetlands must have the following three attributes:
1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
3. Under normal circumstances support a prevalence of such vegetation.
WINEMAKING ON PREMISES STORE. A commercial establishment in which individuals make wine on the premises for personal and family use only and not for resale, using ingredients or materials or both supplied by the establishment. This business is not required to be licensed under this chapter if the establishment is operated in accordance with 27 C.F.R.§ 24.75. No person under the age of 21 years may participate in the making of wine in such an establishment. Alcoholic beverages may not be sold or otherwise provided to customers of an establishment described in this section unless the establishment holds the appropriate license for such sale or provision. (M.S. § 340A.34)
WINERY. A building or property that produces wine, or is involved in the production of wine, such as a wine company that may include warehouses, bottling lines, laboratories, and large expanses of tanks known as tank farms.
WINERY, DISTILLERY. Farm Wineries licensed to manufacture distilled spirits which may exceed 25% alcohol by volume may not produce more than 5,000 gallons in distilled spirits which shall be part of the 75,000-gallon total limit for the farm winery (M.S. § 340A.101).
WINERY, FARM. Farm Wineries permitted to manufacture wine products as defined under section State Statute 340A.315 and authorized to produce up to 75,000 gallons in a calendar year.
YARD. A required green space occupied and unobstructed by a structure or portion of a structure provided that fences, signs, utility poles, lawn lights, antenna and related minor equipment may be permitted in any yard provided that they do not create a safety hazard or constitute a nuisance.
ZONING ADMINISTRATOR. The duly appointed person responsible for the enforcement and administration of this chapter.
ZONING DISTRICT. An area of the city defined on the zoning map, having uniform zoning provisions.
ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district regulations.
ZONING MAP. The map of the city, amended from time to time, which defines the boundaries of the zoning districts.
ZONING PERMIT. A permit issued by the zoning administrator to allow the construction of a structure or to allow a land use when the provisions of this chapter have been met, when approval of any conditional use permits or variances have been granted and when the fees are paid. A zoning permit may have administrative conditions specific to the subject site when called for by this chapter.
(2) Words not defined by division (B)(1) above shall be subject to interpretation by the Planning Commission. Any such word shall then be added to division (B)(1) above, as provided for within § 152.013 of this chapter.
(Ord. 332, passed 5-19-2008; Ord. 337, passed 12-21-2009; Ord. 347, passed 7-6-2010; Ord. 354, passed 11-1-2010; Ord. 359, passed 8-6-2012; Ord. 372, passed 12-15-2014; Ord. 394, passed 8-5-2019; Ord. 405, passed 4-4-2022; Ord. 406, passed 4-4-2022)