Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE or ACCESSORY FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at greater than normal structure setbacks.
ATTACHED STRUCTURE. Two buildings are attached when they share a common wall or portion of a wall with a door, so that a person may travel from any portion of one building to any portion of the second building without going outside.
BED AND BREAKFAST. An owner-occupied single family residence at which lodging and meals are provided to registered guests. The BED AND BREAKFAST facility shall comply with all the applicable state, county, and local regulations for providing food and lodging.
BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics:
(1) Part or all of the feature is located in a shoreland area;
(2) The slope must drain toward the waterbody;
(3) The slope rises at least 25 feet above the ordinary high water level; and
(4) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater, except that an area with an average slope of less than 18% over a distance of at least 50 feet shall not be considered part of the BLUFF.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet of the top of a bluff.
BLUFF, TOE OF. The lower point of a 50-foot segment with an average slope exceeding 18% or the ordinary high water level, whichever is higher.
BLUFF, TOP OF. For the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18%.
BOATHOUSE. A structure designed and used solely for the storage or boats or boating equipment.
BUILDABLE AREA. The minimum continuous area remaining on a lot or parcel of land after all setback requirements, bluffs, areas with slopes greater than 25%, all easements and rights-of-way, significant historic sites, wetlands, and land less than three feet above the OHWL of public water are subtracted.
BUILDING. Any fixed construction with walls or a roof.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
COMMERCIAL PLANNED UNIT DEVELOPMENTS. Typically, uses that provide transient, short-term lodging spaces, rooms, or parcels and with operations that are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are COMMERCIAL PLANNED UNIT DEVELOPMENTS.
COMMERCIAL USE. The use of land or buildings for the sale, lease, rental, or trade of products, goods, or services, includes storage or transmission structures. More than two currently unlicensed vehicles stored outside on a lot constitute a COMMERCIAL USE.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONDITIONAL OR SPECIAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the City Zoning Code (Chapter 156 of this code) exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.
CONTIGUOUS. Parcels of land that have a common border.
CONTROLLED ACCESS. Any private site, field, or tract of land abutting a classified body of water to be used primarily for access purposes. Including, but not limited to, non-riparian lot access.
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.
DOCK. A narrow platform, whether seasonal or permanent, extending waterward from the shoreline, intended for ingress and egress for moored watercraft or to provide access to deeper water for swimming, fishing, or other water-oriented recreational activities. Elements considered part of a dock are storage lockers less than three feet in height, measured from the platform of the dock, and benches. Elements not pertinent to a dock that are prohibited include walls, railings, or fences attached to the dock.
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 UNIT. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, that includes a kitchen, a bathroom, and at least one bedroom including, but not limited to, rental or timeshare accommodations such as cottage, house, motel, hotel, and resort rooms, cabins, and manufactured homes.
(1) DUPLEX. A building designed for or used exclusively for two-family dwellings.
(2) FOURPLEX. A building designed for or used exclusively for four-family dwellings.
(3) MULTI-FAMILY RESIDENCE. A building or several buildings that contain more than four dwellings within one complex or property.
(4) SINGLE-FAMILY RESIDENCE. A dwelling unit used by members of one immediate family, including normal appurtenances such as a garage. Adult and child foster homes and daycare programs are permitted SINGLE-FAMILY RESIDENTIAL USE as provided in M.S. § 245A.14, as it may be amended from time to time.
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). A brief document, in worksheet format, that helps local governments and state agencies decide whether a proposed action is a major action with the potential for significant environmental effects and, in the case of a private actions, whether it is of more than local significance. If the action meets these criteria, an environmental impact statement (EIS) should be prepared.
ENVIRONMENTAL IMPACT STATEMENT (EIS). An informational document which contains a thorough evaluation of the environmental effects of a proposed project. The EIS provides information for agencies and private persons which helps them not only to evaluate the impacts of proposed actions which have the potential for significant environmental effects, but to consider alternative sand to institute methods for reducing adverse environmental effects.
EXISTING RESORT. A resort established prior to March 23, 1999, which has remained in continuous operation.
GRADING/FILLING. Any change of the existing on-site topography of land or impervious surfaces, except for normal agricultural purposes.
GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the structure or ten feet above the lowest ground level, whichever is lower, and the highest point of the roof, with the exception of water-oriented accessory structures, which must meet the requirements of this chapter.
ICE RIDGE. A modification to the topographic characteristics of the lakeshore resulting from a water basin’s expanding and contracting ice sheet and consisting of a linear mound of soil generally parallel to the water’s edge.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the 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. Examples include, but are not limited to, decks, rooftops, sidewalks, patios, permeable pavers, storage areas, and concrete, asphalt, or gravel driveways.
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.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight and one-half body feet or more in width or 40 body feet or more in permanent chassis and designed to be used as a dwelling with or without a permanent foundation. This includes “park models” that meet this definition.
MANUFACTURED HOME PARK. Any area, whether charging a fee or free of charge, on privately or publicly owned land used on a daily, nightly, weekly, or longer basis for the accommodation of two or more manufactured homes or recreation units.
NON-CONFORMITY. Any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written if the official controls had been in effect prior to the date it was established, recorded, or authorized including, but not limited to, setbacks, impervious surface, lot size, and use of land.
NON-RIPARIAN LOT. A parcel of land within shoreland management area without water frontage on public waters.
OPEN SPACE. Any space or area preserved in its natural state and specifically not used for parking, structures, or roads.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands. It shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
PARKING SPACE. An off-street area for motor vehicles not less than ten feet by 20 feet in area, having access to a public street or alley, or private driveway. In determining the gross area required for a specified number of off-street parking places, including driveways and aisles, 300 square feet per space shall be used.
PATIO. Flat area of ground that is covered with a hard material such as bricks, concrete, or wood.
PERMANENT SWIMMING POOL. Any swimming pool that remains on the premises on a year-round basis.
PLANNED UNIT DEVELOPMENT. A type of development 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 open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, timeshare condominiums, cooperatives, full-fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
PUBLIC WATERS. Any waters, as defined in M.S. § 103G.005, subds. 15 and 18, as they may be amended from time to time. However, no lake, pond, or flowage of less than ten acres in size in municipalities need to be regulated for the purposes of Minn. Rules parts 6120.2500 to 6120.3900, as they may be amended from time to time. The official determination of the size and physical limits of drainage areas of rivers shall be made by the Commissioner.
RECREATIONAL CAMPING AREA. Any area, whether privately or publicly owned, used on a daily, weekly, nightly, or longer basis for the accommodation of two or more recreational camping units.
RECREATIONAL CAMPING UNIT (RCU). A relocatable single-family dwelling unit, less than 40 feet in length, which in the traveling mode, is less than eight and one-half body feet in width, and is less than 399 square feet when erected on-site, including, but not limited to, tents, motor homes, fish houses with sleeping quarters, and travel trailers.
RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD). A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full-fee-ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENTS.
RESORT. A shoreland commercial establishment that includes buildings, lodges, structures, dwelling units, camping or recreational vehicle sites, or enclosures, or any part thereof kept, used, maintained, or advertised as or held out to the public to be a place where sleeping accommodations are furnished to the public, primarily to person seeking recreation for periods of one day or longer, and having for rent three or more cabins, rooms, campsites, or enclosures. A shoreland commercial establishment must be primarily service-oriented for transient lodging or guests. All cabins, rooms, dwelling units, camping or recreation vehicle sites, or enclosures must be included in the RESORT RENTAL BUSINESS. RESORTS must not allow residential use of a dwelling unit or site, except dwellings used as residences for the service providers. To qualify as a RESORT under this section, a resort must be fully licensed and permitted under appropriate state, county, and local regulations. The entire parcel of land must be controlled and managed by the licensee.
RIPARIAN LOT. A parcel of land with water frontage on public waters.
SCALE DRAWING. A signed drawing which includes and identifies a graphic scale in feet, all existing and/or proposed structures, septic tanks, drain-fields, lot lines, road rights-of-way, easements, OHWLs, wells, wetlands, topographic features (e.g., bluffs), and on-site impervious surface calculations.
SEWAGE. Definitions relative to SEWAGE and sanitation are set forth in the sanitation code of the county.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, top of a bluff, lot line, and road rights-of-way.
SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in § 150.041.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE (SIZ). Land located between the ordinary high water level of a public waterbody and a line parallel to it at a setback of 50% of the structure setback. Only one structure may be placed in a SHORE IMPACT ZONE which meets ordinance requirements for the SHORE IMPACT ZONE.
SHORELAND.
(1) Land located within the following distances from public waters:
(a) One thousand feet from the ordinary high water level of a lake, pond, or flowage; and
(b) 300 feet from a river or stream, or the landward extent of an ordinance-designated floodplain on a river or stream, whichever is greater.
(2) The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.
SHORELINE AREA. All property within the city which is within 60 feet of the ordinary high water level of West Battle Lake, and that portion, if any, of property abutting the shoreline on the lake side, and that portion of the public waters of West Battle Lake in which an abutting owner may build docks, piers, and boat lifts.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility for the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A HISTORIC SITE meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State Archaeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
SITE PERMIT. A permit for the erection and/or alteration of any structure controlled by this chapter issued to ensure compliance with all requirements of this chapter.
STEEP SLOPES. Lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STRING-LINE TEST. A method of establishing a structure setback line by using the closest adjacent points of existing structures to a proposed structure of like use, on the two immediately adjacent lots. In the event that there is no structure of like use on one of the immediately adjacent lots, the point of the building line at the nearest lot line setback shall be used.
STRUCTURE. Any building or appurtenance, including, but not limited to, vision obstructing fences, decks, permanent swimming pools, solar panels, patios, pergolas, and satellite dishes in excess of one meter in diameter and towers (except for public utilities).
SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease, including planned unit development.
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 conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such uses.
TOWER. Framework or structure exceeding 35 feet in height, and any wind generating tower, telephone communication tower, and any structure required by any other regulations to have warning lights.
VARIANCE. Has the same meaning as defined or described in M.S. Chapter 462, as it may be amended from time to time.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY.
(1) 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, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities: watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks.
(2) Boathouses and boat storage structures given the meaning under M.S. § 103G.245, as it may be amended from time to time, are not WATER-ORIENTED ACCESSORY STRUCTURES.
WETLAND. A surface water feature classified as a WETLAND in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).
YARD. The area between any lot line and the nearest wall of any structure built upon the lot.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022; Ord. passed 3-14-2024)