For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A secondary building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. The building shall not exceed 10 feet by 12 feet and 12 feet to the peak.
AGRICULTURE. The art or science of cultivating the soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land; the accessory raising of livestock and poultry but excluding livestock feedlots and extensive poultry farming. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished outside the public right-of-way.
ALLEY. A public right-of-way less than 25 feet in width which provides secondary access to abutting property.
ALTERATION. As applied to a building or structure, is a change or rearrangement in the structural parts, or enlargement or the moving from 1 location or position to another.
APARTMENT. A room or suite or rooms designed for, intended for, or used as a residence for 1 family or individual and equipped with cooking facilities.
APARTMENT BUILDING. Three or more apartments grouped in 1 building.
AUTOMOBILE SERVICE STATION OR FILLING STATION. A place where gasoline, kerosene, or any other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale and delivered directly into motor vehicles including greasing and oiling.
BED AND BREAKFAST. A building of residential design which is the owner’s personal residence and is occupied by the owner at the time of rental that provides 4 or fewer rooms for rent to guests. For purposes of this definition, the term GUEST shall mean persons renting the accommodations for a total period of time not to exceed 14 days during any consecutive 90-day period. Guests are allowed to use the living room, dining room, and the like areas of the residence as common areas available to everyone.
(Ord. passed 11-6-1996)
BILLBOARD. See SIGN, ADVERTISING.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.
BOARD OF ADJUSTMENT. The City Council.
BOARDING HOUSE. A building other than a hotel or motel, where for compensation and by pre-arrangements for definite periods, meals, or lodging and meals, are provided for 3 or more persons not members of the immediate family therein.
BUILDING. Any structure for the shelter, support, or enclosure of persons, animals, chattel, or property of any kind; and when separated by part walls without openings, each portion of the building so separated shall be deemed a separate building.
BUILDING, DETACHED. A building surrounded by open space, the open space being on the same zoning lot as the building.
BUILDING, HEIGHT OF. The vertical distance from the grade at the front wall of the building to the highest point of the roof.
BULK AND DENSITY CONTROLS. Those regulations or controls which specify the setback lines, lot sizes, building height, maximum ground coverage, lot width, and lot depth.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need or medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMUNITY SEWER SYSTEM. A system of sewer control and processing serving a group of buildings and lots with the design and construction of the systems as approved by the State of Minnesota.
CORNER LOT. See LOT, CORNER.
DISTRICT ZONING. A section of the city for which the regulations governing the height, area, use of building and premises are the same as delineated by the Zoning Map.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including 1-family, 2-family, and multiple-family units, but not including hotels, motels, boarding or lodging houses.
DWELLING, 2-FAMILY. A dwelling designed exclusively for occupancy by 2 families living independent of each other.
DWELLING, ATTACHED (GROUP, ROW, OR TOWNHOUSE). A dwelling joined to other dwellings by a party wall or walls.
DWELLING, DETACHED. A dwelling entirely surrounded by open space, the open space being on the same zoning lot as the dwelling.
DWELLING, MULTIPLE-FAMILY. A dwelling containing 3 or more dwelling units, designed with more than 1 dwelling unit connecting to a common corridor or entranceway, originally constructed for the purpose; and not including converted dwellings or attached row dwellings (party-wall type) as defined herein.
DWELLING, SINGLE-FAMILY. A detached dwelling containing accommodations for and occupied by 1 family only.
DWELLING UNIT. Two or more rooms in a dwelling designed for occupancy by 1 family for living purposes and having its own permanently installed cooking and sanitary facilities.
EARTH-SHELTERED BUILDING. A building constructed so that 50% or more of the exterior is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure’s lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations in earth covering. An earth sheltered building must satisfy the building code standard promulgated pursuant to M.S. § 16.85, as it may be amended from time to time. Partially completed buildings shall not be considered earth sheltered. Basement homes shall not be considered earth sheltered.
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.
FAMILY. Any number of individuals related by blood, marriage, adoption or foster care, or not more than 5 persons not so related, maintaining a common household and using common cooking and kitchen facilities; as distinguished from a group occupying a boarding house, lodging house, hotel, or motel.
FAMILY, IMMEDIATE. Persons related by blood, marriage, or certified legal instrument.
FARM. A tract of land, 10 acres or more in size, or a tract producing in excess of $2,000 annual value of agricultural products and used for the production of cash crops. The farm may include an agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.
FEEDLOT. A lot or building, or combination of contiguous 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. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches, and domesticated animal zoos shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting street or between a street or right-of-way, waterway, or other similar barrier.
GARAGE, PRIVATE. An accessory building or accessory portion of a principal building designed and used for the storage of private passenger vehicles of the family or families resident in the principal building, and in which no business, service, or industry is conducted.
GARAGE, PUBLIC. Any structure except those described as a private garage, used for the storage or care of power-driven vehicles, or where any such vehicles are equipped for operation, repair, or are kept for renumeration, hire or sale.
GREEN SPACE. See OPEN SPACE.
HOME OCCUPATION. An occupation or profession carried on by an occupant of a dwelling as an accessory activity to the main use of the premises as a dwelling. It shall not change the residential character thereof and will meet the following restrictions.
(1) Not more than 1 person shall be employed other than persons residing on the premises.
(2) The occupation shall be conducted wholly within the dwelling or an accessory building.
(3) Floor area devoted to the occupation shall not exceed 25% of the area of the main floor of the principal dwelling and/or attached or detached accessory building.
(4) The home occupations shall not require internal or external alterations or involved construction features not customarily found in dwellings.
(5) Conduct of the home occupation does not generate more noise, vibration, glare, fumes, odor, dust, electrical interference or hazards or nuisances noticeable outside of the dwelling and/or accessory building than normally associated with residential occupancy in the neighborhood and shall not be objectionable to adjacent residences due to hours of operation.
(6) There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling except that 1 sign, 1-1/2 square feet, non-illuminated and attached to the dwelling shall be allowed.
(7) The use shall not generate sewage of a nature or rate greater than that normally associated with residential occupancy, nor shall it generate hazardous waste or solid waste at a rate greater than that normally associated with residential occupancy.
(8) No home occupations will be allowed that jeopardize the health and safety of residents in the city.
(9) There shall be no renting of dwelling or yard space in a residential zoned area for nonresidential purposes.
(10) Rental of attached and detached accessory buildings for motorized vehicles and/or recreational vehicles is permitted.
(11) All nonconforming home occupations legally existing prior to the adoption of this definition shall be allowed to continue but shall not be allowed to expand, rebuild, relocate, replace, or alter without being brought into compliance with all the requirements of this definition.
(Am. Ord. passed 11-6-1996)
HOTEL. A building occupied as a temporary abiding place of individuals who are lodged with or without meals in which there are more than 5 sleeping rooms and wherein no provisions made for cooking in any individual room or apartment.
JUNK YARD/SALVAGE YARD. Land or buildings where waste, discarded or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other machinery. JUNK YARDS/SALVAGE YARDS are not permitted in any zoning district in the City of Amboy.
KENNEL. A place where more than 3 dogs or more than 4 cats or a combination of both dogs and cats exceeding 4 in number and over 3 months of age are kept, harbored, or maintained. KENNELS are permitted only in areas specifically zoned within the city for the use.
(Am. Ord. passed 10-2-1995)
LOT. A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with the yards, open spaces, lot width and lot area as are required by this chapter, and having the required frontage upon a street, either shown and identified by lot number on a plat of record, or considered as a unit of property and described by metes and bounds. The lot shall be bounded by lines, as defined herein.
LOT AREA. The area located within the lot lines and not including that portion of the platted lot which is presently being used as or dedicated for street or public right-of-way.
LOT, CORNER. A lot situated at the junction of, and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street. In the case of a corner bare lot it shall be that street line designated by the owner and filed with the Zoning Officer which shall hereafter be the front lot line. In the case of a corner lot with an existing building located thereon, the lot line facing the front side of the structure shall hereafter be the front lot line.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not at a front lot line or a rear lot line.
LOT, MULTIPLE FRONTAGE. A lot having frontage on 2 or more streets.
MANUFACTURED HOME. A structure transportable in 1 or more sections used as a dwelling for 1 family, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. No manufactured dwelling shall be moved into the City of Amboy that does not meet the Manufactured Home Building Code as defined in M.S. § 327.31, Subd. 3, as it may be amended from time to time.
MANUFACTURED HOME PARK. A contiguous parcel of land which has been planned for the placement of 2 or more manufactured homes or manufactured home lots.
METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.
MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.
MOTEL. See HOTEL.
NONCONFORMING BUILDING. A building or portion thereof existing at the time of adoption of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be authorized under a conditional use permit where located.
NONCONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.
NONCONFORMING USE OF STRUCTURES. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.
NURSING HOME. A home designed and licensed to provide care for aged or infirm persons requiring or receiving personal care or custodial care complying with the standards established by the Minnesota State Board of Health.
OPEN SPACE, PUBLIC. Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, school sites, parkways, and streets.
OPEN SPACES. Land areas which are undeveloped and left in their natural states.
OWNER or PROPERTY OWNER. The owner of land or the beneficial owner of land, whose interest is primarily one of ownership or possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not limited to, mortgages and vendors under a contract for deed.
PARKING SPACE. A land area exclusive of driveways and aisles, of the shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in the area.
PLANNING COMMISSION. The Planning Commission of the City of Amboy, Minnesota.
PREMISES. A lot or plot with the required front, side, and rear yards for a dwelling or other uses as allowed under this chapter.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish under municipal regulation to the public, electricity, gas, steam, communications services, telegraph services, transportation, or water.
REST HOME. See NURSING HOME.
ROAD. A public right-of-way affording primary access by pedestrian and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.
ROOMING HOUSE. See LODGING HOUSE.
SCREENING. The use of plants, materials, fences, or earthen berms to partially conceal the separate land use from the surrounding land uses.
SETBACK LINE. A line within a lot or other parcel of land parallel to a public road, street, or highway right-of-way line defining that minimum distance between the building and property line in which buildings or structures may not be placed.
SIGN. A name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, person, institution, or business. Warning signs or public identification signs such as street signs shall be exempt from these regulations when under 2 square feet in size.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold, or offered upon the premises where such a sign is located.
SIGN, AREA OF. See SIGN, SURFACE AREA OF.
SIGN, BUSINESS. A sign which directs attention to a business or profession or a commodity, service, or entertainment sold or offered upon the premises where such a sign is located.
SIGN, REAL ESTATE. A sign which directs attention to, and is located on, real estate being offered for sale.
SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of the sign and not forming an integral part of this display. Only 1 side of a double-face or V-type sign structure shall be used in computing total surface area.
STANDARD, PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements.
STORY. The portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF. The portion of a building under a gable, hip, or gambrel roof, the wall plates of which, on at least 2 opposite exterior walls, are not more than 2 feet above the floor of the story.
STREET. A public right-of-way 40 feet or more in width, which provides a primary means of public access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. Also, see ROAD.
STREET LINE. The right-of-way line of a street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.
SUBDIVISION. A described tract of land which is to be or has been divided into 2 or more lots or parcels or the division of a lot, tract, or parcel of land into 2 or more lots, tracts or parcels for the purpose of transferring ownership or building development, or if a new street is involved, any division
or development of a parcel of land. The term shall include
RE-SUBDIVISION of land; provided, however, that the sale or exchange of small parcels of platted land to or between adjoining property owners shall not be considered as a subdivision.
TOWNHOUSE. A single-family dwelling which maintains private ingress and egress, attached to its own foundation, contains no independent dwellings above or below it and is attached to other similar dwellings by a common wall.
TRAVEL TRAILER. A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as TRAVEL TRAILER by the manufacturer of the trailer.
USE. The purpose for which land or premises or a building thereon is designated, arranged, or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use subordinate to the main use on the same lot and used for purposes customarily incidental to those of the main use.
USE, CONDITIONAL. A land use or development as defined by this chapter that may be allowed with appropriate restrictions as provided by official controls upon a finding that:
(1) Certain conditions as detailed in this chapter exist;
(2) The use or development conforms to the Land Use Plan of the city; and
(3) Is compatible with the existing neighborhood.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, and the like.
VARIANCE. A modification of the application of the zoning ordinance to a specific lot where, because of unique physical circumstances, strict enforcement would cause an undue hardship or practical difficulties in the use of land.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning in which the lot is located.
YARD, REAR. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
YARD, SIDE. The yard extending along the side lot line between the front yard and rear yards to a depth or width required by setback requirements for the zoning district in which the lot is located.
ZONING ADMINISTRATOR. The designated Zoning Administrator of the City of Amboy, Minnesota. The duties of the Zoning Administrator are currently the responsibility of the Administrative Clerk/Treasurer.
ZONING LOT. A plot of ground, made up of 1 or more parcels of land, which is or may be occupied by a use, building or buildings, including the open spaces required by this chapter.
ZONING MAP. The map or maps incorporated into this chapter as part hereof, designating the zoning districts.
(Ord. 106, passed 3-13-1995; Am. Ord. passed 1-3-2005)