For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Subd. 1. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Subd. 2. ANNEXATIONS. The Flood Insurance Rate map panels adopted by reference into § 12.05 above may include flood plain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these flood plain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed flood plain lands shall be the subject to the provisions of this chapter immediately upon the date of annexation into the city.
Subd. 3. BASE FLOOD ELEVATION. The flood having a 1% chance of being equaled or exceeded in any given year, sometimes referred to as the 100-year flood plain.
Subd. 4. 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 excavation below ground level.
Subd. 5. CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
A. Certain conditions as detailed in City Code, Chapter 11, exist; and
B. The structure and/or land use conform to the comprehensive plan and are compatible with the existing neighborhood.
Subd. 6. 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.
Subd. 7. FARM FENCE. 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 a cyclone fences and rigid walls, are regulated as conditional uses in the Floodway District.
Subd. 8. 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.
Subd. 9. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Subd. 10. FLOOD FRINGE. The 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 Mower County, Minnesota and Incorporated Areas.
Subd. 11. FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
Subd. 12. 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.
Subd. 13. FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
Subd. 14. 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.
Subd. 15. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term RECREATIONAL VEHICLE.
Subd. 16. 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 the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
Subd. 17. ONE HUNDRED YEAR FLOOD PLAIN. See BASE FLOOD ELEVATION.
Subd. 18. PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
Subd. 19. REACH. A hydraulic engineering term to describe a 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.
Subd. 20. RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purpose of this chapter, the term RECREATIONAL VEHICLE shall be synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.
Subd. 21. REGIONAL FLOOD.
A. 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 100-year recurrence interval.
B. REGIONAL FLOOD is synonymous with the term BASE FLOOD, used in a Flood Insurance Study.
Subd. 22. REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
Subd. 23. 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.
Subd. 24. STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes, and recreational vehicles not meeting the exemption criteria specified in § 12.23, Subd. 3, Subpar. A, and other similar items.
Subd. 25. 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 vlaue of the structure before the damage occurred.
Subd. 26. SUBSTANTIAL IMPROVEMENT. With 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:
A. 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.
B. Any alteration of a 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 shall be as defined in 44 CFR Part 59.1.
Subd. 27. VARIANCE. A modification of a specific permitted development standard required in this chapter to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstances, as defined and elaborated upon in a community's respective planning and zoning enabling legislation.
(`80 Code, § 12.10) (Ord. 238, Second Series, passed 4-30-91; Am. Ord. 572, passed 7-20-09; Am. Ord. 602, passed 8-19-13)