For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Making contact with or separated only by public thoroughfare, railroad or public right-of-way.
ACCESSORY USE OR STRUCTURE. A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
ADDITION. An extension or increase in floor area or height of a building or structure.
ANTENNA. A device used for transmitting or receiving electromagnetic waves, including but not limited to: Television or video, AM/FM radio, analog or digital, microwave, cellular or personal communications service (PCS), telephone or data, or similar signals.
APARTMENT. A multi-family building containing dwelling units in a stacked configuration having common walls and floors/ceilings.
AUTOMOBILE REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service.
AUTOMOBILE REPAIR, MINOR. The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger vehicles and trucks not in excess of 7,000 pounds gross weight.
BREWER TAPROOM. Shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING COVERAGE. The proportion of the square footage of a lot that is or may be covered by building(s), including accessory buildings such as a shed, gazebo, or permanent pavilion. The portion of the lot encumbered by any city or county easement not constituting public right-of-way as defined herein shall be included for purposes of calculating the total square footage of the lot.
BUILDING HEIGHT. The vertical distance above “grade” as herein defined to the highest point of a flat roof or a mansard roof, or to the highest gable of a pitched or hipped roof as measured from the first above-grade, habitable floor. The height of any building shall not include walk-out basement, underground parking garages, or the like. When used to compute setbacks between multiple residential buildings, the building height shall be measured to the eave line of the adjacent building faces.
CARPORT. An automobile shelter having one or more sides.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship.
COCKTAIL ROOM. Shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code.
COMMERCIAL. Any use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMMISSION. The Planning Commission of the City of Apple Valley.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after review thereof by the Planning Commission for any conditional use so permitted in any use district.
CONSTRUCTION MATERIALS, MANUFACTURED. A material which is created from constituent parts which are reduced, pulverized, chemically treated or otherwise altered and then combined in a manufacturing process to form a new
material. Examples of such materials include but are not limited to chipboard, plywood, hardboard sheets, vinyl sheets, aluminum or steel sheets, stucco, brick, concrete, concrete block and pre-cast panels.
CONSTRUCTION MATERIALS, NATURAL. A non-manufactured material existing in nature which is prepared for use only by cutting, forming or machining. Examples of such materials include but are not limited to wood planks, timbers and stone.
CONTINUUM OF CARE RETIREMENT COMMUNITY. A structure or several structures developed as a single facility in which residential housing is provided for persons over the age of 55 and the residential units in the structure or within the campus consist of multiple levels of housing and care options, which consist of comprehensive, intensive, or full care living and one or both the following: independent living; and assisted living, and may have on-site nursing and a community dining room for the residents.
(1) INDEPENDENT LIVING. The level of housing and care provided whereby the resident lives in a single unit dwelling that includes complete, permanent independent living facilities for the resident, including, but not limited to: living, sleeping, cooking, eating, and sanitation provisions and does not receive any personalized medical supportive services or care from the facility staff.
(2) ASSISTED LIVING. The level of housing and care provided whereby the resident resides in a single unit dwelling that includes complete, permanent independent living facilities for the resident, including, but not limited to: living,
sleeping, cooking, eating, and sanitation provisions and receives some personalized medical supportive services or care from the facility staff, but not full, 24-hour medical care.
(3) COMPREHENSIVE, INTENSIVE OR FULL CARE LIVING. The level of housing and care provided whereby the resident may live in an individual or shared unit and receives 24-hour personal and medical care from on-site nursing and personal assistance staff.
COUNCIL. The City Council of the City of Apple Valley.
DAY-CARE FACILITY. Any facility, public or private, which for gain or otherwise regularly provides seven to 16 persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home for persons of school age or older.
DAY-CARE HOME. Any facility, public or private, which for gain or otherwise, regularly provides six or less persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own home for persons of school age or older.
DEVELOPMENT PLAN. A plan guiding the development of the property to the ultimate land use. The plan shall include but is not limited to: site analysis information, staging plan, grading plan, drainage plan and end use plan.
DISTILLED SPIRITS. Shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code.
DRIVEWAY. A paved area on private property that intersects with the roadway of a public street and is intended to provide vehicle access from the public roadway to private property.
DRIVEWAY APPROACH. An area between the curb or pavement edge of a public street and the private property line intended to provide access for vehicles from a roadway or public street to a driveway on private property.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied for residence purposes. RESIDENCE PURPOSES means inhabiting the building, or any portion thereof, as the occupant’s home or household for a period of not less than 30 consecutive days. DWELLING does not include rooms in motels, hotels, nursing homes, boardinghouses, recreational vehicles, or tents.
(1) ATTACHED DWELLING. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
(2) DETACHED DWELLING. A single dwelling unit not attached to another dwelling or structure.
(3) UNIT DWELLING. A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
ESSENTIAL SERVICES. Underground and overhead gas, electrical, steam or water distribution systems; collector, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or similar equipment and accessories in conjunction therewith, including city buildings.
EXCAVATION. The removal, filling with, or storage of rock, sand, dirt, gravel, clay or other like materials.
EXCAVATING PERMIT. A permit to remove, excavate or store rock, sand, dirt, gravel, clay or other like material, issued by the city.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than five persons not so related maintaining a common household and using common cooking and kitchen facilities.
FAMILY-CARE HOME. A residential structure typical of those in the neighborhood having a maximum of six residents needing the adult care and
supervision of a “supervised residential program” or “social rehabilitation program,” plus a minimum of two or more adults who operate the dwelling unit as a family home. The
FAMILY-CARE HOME typically may be a single-family detached dwelling, attached townhouse, rental or owned apartment, or similar unit to those of the immediate neighborhood where it is located. The unit must be acceptable to the licensing requirements of the state, federal government or other governmental licensing agency and the Minnesota Uniform Building Code.
FARM. A parcel of land having an area of ten acres or more or five acres for truck farms which is under cultivation or is fenced and utilized as pasture.
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard.
FLOOR AREA. The area included within the surrounding exterior wall of a building or portion thereof, exclusive of vent shafts and courts. The FLOOR AREA of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
GARAGE, PRIVATE. A detached or attached accessory building which is used primarily for storing passenger vehicles.
GARAGE SALE. Any display of goods and/or salesperson’s samples and sale of the goods on a property customarily used as a residence. The person(s) conducting the sale shall be a resident(s) of the immediate neighborhood.
GOVERNMENTAL MAINTENANCE FACILITY.
A building(s) or a portion thereof in which a governmental entity, other than the city, operates and provides the maintenance, upkeep, and repair of its fleet of motor vehicles or other equipment or implements that are used in and for the operation of the governmental unit.
GRADE. The average level of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
HOME OCCUPATION.
(1) Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure, when evidence of the occupation is not visible from the street, when no signs are present other than those permitted in the district in which it is located, over- the-counter retail sales are not involved, and entrance to the home occupation is gained from within structure. A professional person may use his or her residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his or her profession when the general practice will involve the need for more than three parking spaces for the occupant and visitors. No accessory buildings or attached garage shall be used for HOME OCCUPATIONS.
(2) HOME OCCUPATIONS include professional offices, minor repair services, photo or art studio, dressmaking, nurseries, child day-care centers or teaching limited to six students at any one time and similar uses. A HOME OCCUPATION shall not be interpreted to include tourist homes, rental of a dwelling or any portion thereof for a period of less than 30 consecutive days, restaurants, or similar uses, however, these may be allowed as otherwise permitted under this chapter.
HORTICULTURE. The production and storage of fruits and vegetables.
IMPERVIOUS SURFACE. A constructed surface, generally made of brick, stone, concrete, asphalt, gravel or similar impermeable material, that prevents water from naturally infiltrating directly into the soil or that water cannot easily penetrate for direct natural infiltration into the soil. Impervious surfaces include, but are not limited to: building roofs, walkways, patios, driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools. Decks shall not be considered an impervious surface if:
(1) The surface under the deck is pervious; or
(2) The surface water runoff from the deck surface is not controlled by a drainage system, such as gutters, diversion plates.
INDUSTRIAL. Any use occurring and permitted within an industrial zone (I-1 and I-2).
INSTITUTIONAL. Any use occurring and permitted within an institutional zone (P).
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.
JUNK VEHICLE. Any vehicle that:
(1) Is three years or older;
(2) Is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission, doors, or windows;
(3) Is apparently inoperable;
(4) Does not have a valid, current registration; and
(5) Has an approximate fair market value equal only to the approximate value of the scrap in it.
JUNKYARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled or handled, including but not limited to scrap iron, and other metals, rags, paper, rubber products, bottles and lumber. Storage of the materials in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.
KENNEL. Any premise where three or more dogs, at any one time, over three months of age, are present as owners’ pets, pets accepted for boarding, breeding, training or sale, except when located in a pet shop or veterinary clinic.
LAND RECLAMATION. Depositing 400 cubic yards or more of materials so as to elevate the grade.
LANDSCAPE MATERIAL. Trees, shrubs and vines. Sod, grass seed, fences, retaining walls, patios and other physical site and grading work is specifically excluded from this definition.
LOADING BERTH. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.
LOT. A parcel of land legally described and of record in chain of title whether subdivided or otherwise legally described.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road.
LOT AREA PER UNIT. The number of square feet of lot area required per dwelling unit.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT COVERAGE. The aggregate coverage area of building coverage and impervious surface area of a lot.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE. A lot line is the property line bounding a lot.
(1) FRONT LOT LINE. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street.
(2) REAR LOT LINE. That boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot connecting the side lot lines and parallel to the front lot line.
(3) SIDE LOT LINE. Any boundary of a lot which is not a front lot line or a rear lot line or a lot line along a public street.
LOT OF RECORD. Part of a subdivision approved by the city, the plat of which has been duly recorded in the office of the Register of Deeds or Registrar of Titles, prior to the adoption of this chapter which meets the minimum requirements of state law and all city ordinances in effect upon the date of the recording.
LOT WIDTH. The distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback.
MICRODISTILLERY. Shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code.
MINING. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and removal from the site.
MOTEL. A building or group of buildings used primarily as a temporary residence of a motorist, tourists or travelers.
MOTORCYCLE. Any motor vehicle licensed for on-street operation, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including
motor scooters and bicycles with motor attached, other than those vehicles defined as motorized bicycles in M.S. § 169.01, but excluding a tractor.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck or rail is assembled and/or stored for routing to interstate or intrastate by motor truck.
MOTOR FUEL STATION. A place or business engaged in only the sale of motor fuels, incidental petroleum products and dispension of services generally associated with the operation and maintenance of motor vehicles.
MULTIPLE RESIDENTIAL. Any dwelling which is jointed to another dwelling at one or more sides by a party wall or walls including apartments, townhouses and duplexes.
NONCONFORMING STRUCTURES. Any structure permitted by existing city ordinance upon the effective date of its construction which would not conform to the applicable regulations if the structure had been erected under the provisions of subsequent ordinance(s).
NONCONFORMING USE. Use of land, building or structures which does not comply with all the regulations of city ordinances governing the zoning district in which the use is located, adopted subsequent to the initiation of the use.
NON-PASSENGER VEHICLE. Any motor vehicle measuring eight feet or more in overall height or 22 feet or more in overall length including any ancillary racks, cranes, storage compartments and the like; or any vehicle with a manufacturer's nominal rating carrying capacity of one ton or more, or any vehicles or trailers not customary or incidental to the use or occupancy of residential properties, such as, but not limited to: dump trucks; step vans; cargo trucks; tow trucks; semi trailer tractors; fire trucks;
boom trucks; tank trucks; hearses; and the like. Recreational vehicles and equipment are specifically excluded from this definition.
NURSERY, DAY. A use where care is provided for pay for more than three children in addition to the family residing on the premises.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising or trade, where the goods are not enclosed within a building.
OVERHEAD UTILITY CORRIDOR. A corridor officially designated in the city’s comprehensive plan for overhead utility lines or electric transmission lines carrying in excess of 15 kilovolts.
PARKING AREA or PARKING LOT. The paved surface area on a lot for the purpose of temporary storage of vehicles, including any drive aisles or lanes. PARKING AREA or PARKING LOT does not include and is separate and distinct from the term driveway for purposes of parking spaces for single family and two-family dwellings.
PARKING SPACE. A suitable surfaced or permanently maintained area of sufficient size to store one vehicle either within or outside of a building.
PASSENGER VEHICLE. Any motor vehicle licensed for on-street use measuring less than eight feet in overall height and less than 22 feet in overall length designed and commonly used for personal or work-related day-to-day transportation purposes carrying not more than 15 persons, including the driver. A PASSENGER VEHICLE includes automobiles, SUVs, vans, and pick-up trucks with a manufacturer's nominal rating carrying capacity of one ton or less and commonly known as a pick-up truck and a van designed with no barrier separation between the operator area and the remainder of the cargo carrying area with a manufacturer's nominal rating carrying capacity of one ton or less. PASSENGER VEHICLE(S) shall not include buses, motorcycles, motorized bicycles, motorized foot scooters, motor scooters, non-passenger vehicles as defined in this section, school buses, trailers as defined in this section, recreational equipment or recreational vehicles as defined in this section. A handicap-equipped van used for personal purposes shall be deemed a PASSENGER VEHICLE regardless of height.
PAVED SURFACE. Any area covered by the following impervious material: concrete, bituminous, or brick pavers.
PERFORMANCE STANDARD. Criteria established to control height, bulk, setback, land coverage and density of buildings as well as noise, odor, toxic or noxious matter, vibration, fire, explosive hazards or glare of heat generated by or inherent in uses of land or buildings.
PLANNED DEVELOPMENT or PLANNED UNIT DEVELOPMENT. Development of land that is not subject to the designated zoning district or standard zoning requirements for the property, but instead regulated in accordance with standards and criteria reached by agreement between the city and the developer. The uses in a planned development may be more than one type of principal uses or a single type of use. In shoreland overlay districts, the term PLANNED DEVELOPMENT does not apply to any commercial or industrial use in so far as such use is not permitted within a shoreland overlay district.
PROCESSING. The crushing, washing, compounding or treating of rock, sand, gravel or similar materials.
PROTECTED WATERS. Any waters of the state which serve a beneficial public purpose, as defined in M.S.§ 105.37, subd. 6. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles shall be regulated for the purpose of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of this chapter. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowages shall be the areas listed in the Division of Waters’ Bulletin 25, “An Inventory of Minnesota Lakes,” or in the event that lakes, ponds or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in cooperation with the municipality.
PUBLIC HEARING. Unless otherwise specifically redefined, a PUBLIC HEARING pursuant to a notice published once in the official newspaper of the city at least ten days prior to the date of the hearing, which notice shall specify the general purpose, time and location of the hearing. Any hearing, after publication, may be continued, recessed or adjourned, from time to time, without further publication or notice thereof.
PUBLIC RIGHT-OF-WAY. A strip of land platted, dedicated or established for public street and utility purposes, which may also have sidewalk and trails located therein. An easement for public purposes other than for street or roadway shall not be deemed as a PUBLIC RIGHT-OF-WAY for purposes of setback, building coverage, or impervious surface regulations in this chapter and Chapter 154 (sign regulations).
PUBLIC TRANSPORTATION FACILITY. A designated land area containing a parking lot or a ramp or a waiting area with an enclosed structure
consisting of a minimum of four vertical walls and a roof, all of which the primary use is for riders of bus transit to await, board and exit the bus.
PUBLIC UTILITY BUILDING, STRUCTURE or SERVICE FACILITY. An occupied structure, building or mechanical facility owned and operated by a public or private utility company which occupies less than 500 square feet of land area.
PUBLIC UTILITY SERVICES. The providing of electric power, gas, telephone, sanitary sewer and water and storm sewer.
PUBLICATION. Notice placed in the official city newspaper stating time, location and date of meeting and description of topic.
RECREATIONAL EQUIPMENT, PRIVATE OUTDOOR. Equipment designed for outdoor use and used solely for the private enjoyment of the resident. Includes swing sets, trampolines, playhouses and similar equipment provided that it is designed for outdoor use.
RECREATIONAL VEHICLES. Any self-propelled motor vehicle licensed for on-street use, non-motorized vehicle, or those vehicles towed by a motor vehicle, and shall include but not be limited to: travel trailers, including those with telescope or fold down; chassis-mounted campers; motor homes; tent trailers; sleeping campers; converted buses that provide temporary human living quarters; jet skis; waverunners; snow mobiles; boats; ATVs; motocross bikes; and the like. Any recreational vehicle stored and/or parked on a trailer is considered one RECREATIONAL VEHICLE. Class I RECREATIONAL VEHICLES measure less than eight feet in height overall and 22 feet in length overall. Class II RECREATIONAL VEHICLES measure eight feet or greater in height overall and/or 22 feet or greater in length overall, but shall not be any longer than 40 feet overall.
REHABILITATION. To restore the area of a mining or excavation operation into a safe and useful condition and otherwise progress in a constructive manner.
RESIDENTIAL-CARE FACILITY. A residential structure typical of those in the neighborhood having from 7 to 16 residents needing the adult care and supervision of a supervised residential program or social rehabilitation program plus a minimum of one adult supervisor for every four residents.
RESIDENTIAL DISTRICT. A zoning district providing for one- family, two-family, or multiple- family homes/dwellings which are inhabited and occupied exclusively as the occupants’ home or household which shall not be less than a period of 30 consecutive days except in the case of a family-care home or a home (residential facility) for the care of mentally or physically disabled persons. Includes RCL, R-1, R-2, R-3, R-4, R-5, LDF, M-1A, B and C, M-2A, B and C, M-3A, B and C, M-4A, B and C, M-5A, B and C, M-6A, B and C, M-7A, B and C and M-8A, B and C districts unless stated otherwise.
RESTAURANT.
(1) CLASS I.
(a) CAFETERIA. A traditional restaurant, as defined below, except that food is selected by a customer while going through a serving line and taken to a table for consumption.
(b) CASUAL RESTAURANT. An eating facility where some table service may be provided by waitstaff, food is prepared after an order is placed by a customer, reusable dinnerware such as utensils, plates and cups are used. Bussing of the tables is done by restaurant staff. No drive-thru service is provided.
(c) TRADITIONAL RESTAURANT. An eating facility where full table service is provided at the table whereupon a customer orders food from printed menus and the main food course is served and consumed while seated at a single location. The restaurants also have dining areas with formal or semi- formal decor and appointments utilizing traditional or reusable food utensils, plates, cups and glasses. This may provide additional incidental services such as food delivery and retail over-the-counter prepared food sales. In addition, the CLASS I RESTAURANT shall not be prohibited by law, private restrictive covenant, or otherwise from obtaining a full liquor license.
(2) CLASS II.
(a) CARRY-OUT AND DELIVERY RESTAURANT. Food is prepared for consumption off the premises only.
(b) FAST-FOOD RESTAURANT. An eating facility where a majority of the customers order food and are served at a counter and then take their food to a table, counter, outdoor seating area or off the premises for consumption. The food is either pre- prepared or quickly prepared and served with non- reusable food packaging and non-reusable utensils, plates and cups. Customers typically bus their own tables and 45% more of the floor area is devoted to food preparation. Any eating facility with drive-thru service shall be deemed a fast food restaurant.
(3) CLASS III.
(a) NEIGHBORHOOD RESTAURANT. An eating facility, including bagel shop, sandwich shop, coffee house, lunch counter, delicatessen, ice cream shop, where all of the following exist:
1. Restaurant does not exceed 2,500 square feet in size; and
2. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. daily.
(b) The restaurant does not serve foods that require the installation of a Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code.
SETBACK. The minimum horizontal distance required between the measuring line and the nearest point of a foundation of a building, structure or improvement located or to be located on the lot. The SETBACK is measured at a right-angle from the measuring line to the closest point of the foundation of a building, structure or improvement at the time the building, structure, or improvement is installed or erected pursuant to a required permit. The term
“measuring line” is defined as the lot (yard) line or the edge of an abutting public right-of-way as defined herein if closer in distance to the improvement than the lot line, or other location as otherwise indicated in this chapter, from which the setback is to be measured.
SHORELAND. Land located within the following distances from public waters:
(1) One thousand feet from the ordinary high water mark of a lake, pond or flowage; and
(2) Three hundred feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the Municipality of Apple Valley.
SIGN. As defined in Chapter 154.
SMALL BREWERY. A brewer who manufactures not more than 250,000 barrels of malt liquor for wholesale per year.
SMALL WIRELESS FACILITY. A small wireless facility shall have the meaning as the term is defined in the public right-of- way management regulations of Chapter 97 of this code.
SOCIAL REHABILITATION PROGRAMS.
(1) Programs which provide supervised care and rehabilitation services in a family home environment to individuals who have demonstrated behavior patterns not consistent with society’s norms and law. Residents in the program shall be referred by medical experts, courts or trained counselors as the individuals will benefit from the rehabilitation programs and family home environment. The following programs providing supervised care and rehabilitation opportunities to adults and children with the following problems are included in
SOCIAL REHABILITATION PROGRAMS:
(a) Chemical dependency, including alcoholism;
(b) Juvenile delinquency;
(c) Runaway children or young adults;
(d) Women’s emergency residential program;
(e) Single parent residential program; and
(f) Children’s emergency residential program.
(2) A
SOCIAL REHABILITATION PROGRAM shall be licensed by the state, federal government or other governmental licensing agencies.
SPECIAL USE PERMIT. A permit that specifically and individually is granted by the City Council for a temporary use with a specified termination date not to exceed one year.
SPORTS TRAINING FACILITY. An establishment that provides athletic training for specific sports and athletic activities, supervised by specialized coaches and trainers who are present for all training sessions.
STORABLE SWIMMING OR WADING POOL. A pool with nonmetallic, molded polymeric walls or inflatable fabric walls, constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused floor space shall be considered a story.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STRUCTURE. Any building or appurtenance that is built or constructed, or any piece of work artificially built up or composed of parts joined together in some definite manner, including decks, platforms, retaining walls, but excluding aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
(1) PERMANENT STRUCTURE. A structure built of materials in a manner that would commonly be expected to remain useful for a substantial period of time.
(2) TEMPORARY STRUCTURE. A structure built of materials in a manner that would commonly be expected to have a relatively short useful life, is readily movable, and is not placed upon a foundation, footings or attached to a structure requiring a foundation or footings.
SUPERVISED RESIDENTIAL PROGRAMS.
(1) Programs which provide a supervised care in a family home environment for a permanent or temporary residency for those adults and children (referred by medical or trained counselors) who are in need of supervised care.
SUPERVISED RESIDENTIAL PROGRAMS are exclusively for individuals with these disabilities:
(a) Mentally retarded;
(b) Mentally ill;
(c) Physically handicapped; or
(d) Elderly.
(2) A
SUPERVISED RESIDENTIAL PROGRAM shall be licensed by the state, federal government or other governmental agencies.
SWIMMING POOL, HOT TUB OR SPA. Any outdoor structure which is intended for swimming, wading or recreational bathing and contains, or is capable of containing, water over 24 inches deep. The structure may be constructed, installed or located in-ground, above-ground or on-ground and may include permanent or temporary swimming pools, hot tubs and spas. Any regulation applicable or with reference to the term SWIMMING POOL within this chapter shall include and be applicable to an outdoor hot tub or spa.
SWIMMING POOL BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
TEMPORARY SEASONAL OUTDOOR RECREATIONAL FACILITY(IES). A privately owned outdoor facility or structure for recreation purposes in conjunction with a commercial use and that is readily movable and not permanently placed upon a foundation or footings or attached to a structure requiring footings. The use of the recreational facility is seasonal in that it is usable during commonly accepted months of the year, and may include facilities such as outdoor volleyball courts, bocce ball courts, basketball or other sport court, and horseshoe pits.
THOROUGHFARE. Those streets as shown on the city’s thoroughfare plan at the right-of-way width indicated.
TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade (except amateur radio antennas).
TOWNHOUSE. Single-family building having one or more walls in common with another single- family building oriented so all exits open directly to the outside.
TRAILER. Any vehicle or device licensed for on-street use designed for carrying property on its own structure and for being drawn by a motor vehicle. A Class I TRAILER measures less than eight feet in overall height and less than 22 feet in overall length, measured from the hitch to the rear tail lights. A Class II TRAILER measures eight feet or greater in height overall and/or 22 feet or greater in length overall, but shall not be any longer than 40 feet overall. Any recreational vehicle stored and/or parked on a trailer is considered one recreational vehicle.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied.
(1) USE FOR ACCESSORY, SPECIAL or CONDITIONAL. See definitions contained herein.
(2) PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, in the districts.
(3) PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
VARIANCE. An exception granted by the City Council from the literal provisions of this chapter where unique conditions exist which do not apply to the area in general.
VOCATIONAL SCHOOL. An educational institution or program, which may also be referred to as a trade school, career center, or technical school, that provides post- secondary education designed to teach and provide students the practical skills and training needed for a specific trade or occupation. A VOCATIONAL SCHOOL must be accredited or endorsed for accreditation by a nationally recognized organization.
YARD. A required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky except as expressly permitted by this chapter. A YARD shall extend along a lot line and at right angles to a lot line to a depth or width specified in the yard regulations for the district in which the lot is located.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use, lot and size of building and premises are uniform.
(‘81 Code, §A1-3) (Ord. 291, passed 4-21-83; Am. Ord. 514, passed 5-23-91; Am. Ord. 644, passed 3-12-98; Am. Ord. 654, passed 12-10-98; Am. Ord. 704, passed 12-13-01; Am. Ord. 756, passed 7-8-04; Am. Ord.760, passed 10-14-04; Am. Ord. 823, passed 10-25-07; Am. Ord. 834, passed 2-28-08; Am. Ord. 857, passed 3-26-09; Am. Ord. 861, passed 6-11-09; Am. Ord. 874, passed 12-22-09; Am. Ord. 941, passed 3-28-13; Am. Ord. 957, passed 12-26-13; Am. Ord. 998, passed 10-22-15; Am. Ord. 1039, passed 2-8-18; Am. Ord. 1050, passed 10-11-18; Am. Ord. 1062, passed 5-9-19; Am. Ord. 1101, passed 11-23-21; Am. Ord. 1118, passed 4-13-23; Am. Ord. 1121, passed 6-8-23)