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.
ADULT. Persons who have attained the age of 18 years.
ALLEY. A way, other than a street, which affords only a secondary means of access to abutting property.
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.
BOARD OF ZONING ADJUSTMENT. The Zoning Board of Adjustment for the city.
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.
CHILD CARE FACILITY. A state and county licensed private establishment, which for gain or otherwise, regularly provides one or more children with care, training, supervision, rehabilitation, or developmental guidance in a dwelling. (All CHILD CARE FACILITIES shall be licensed under the Human Services Licensing provisions found in M.S. Chapter 245A.)
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMPREHENSIVE PLAN. A document or series of documents adopted by the City Council, setting forth polices for the future of the city.
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) exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.
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.
DUPLEX, TRIPLEX, and QUAD. Dwelling structures on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
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 and 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 of property as provided in M.S. § 245A.14, as it may be amended from time to time.
(5) TRIPLEX. A building designed for or used exclusively for three-family dwellings.
EARTH-SHELTERED BUILDING. A building constructed such that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth (partially completed buildings shall not be considered EARTH-SHELTERED).
GLARE. The brightness of a light source which causes eye discomfort.
GRADING/FILLING (LOT ALTERATION). Any change of the natural topography of land, except for normal agricultural purpose.
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 building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
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.
INTERIM USE PERMIT. The purpose and intent of allowing interim uses: to allow use for a brief period of time until a permanent location is obtained or while the permanent location is under construction; to allow use that is presently judged acceptable by the city, but that, with anticipated development or redevelopment, will not be acceptable in the future; and to allow a use that otherwise may not be allowed under the zoning regulations but because of its temporary nature may be acceptable.
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. Shall mean 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 according to M.S. § 462.357 subd. 1e, as it may be amended from time to time.
OPEN SPACE. Any space or area preserved in its natural state and specifically not used for parking, structures, and roads.
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 (PUD). 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 UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish under governmental regulations to the public, electricity, gas, steam, water, sewage disposal, or communication facilities.
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, and travel trailers.
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 groundwater 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 required distance between every structure and the lot line of the lot on which it is located or 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 § 152.041.
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.
SIGN. Any identification, description, illustration, or device, illuminated or non-illuminated, visible from any public place or located on private property and exposed to the public that directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify, or convey information with the exception of window displays and national flags. For the purpose of this chapter, SIGNS shall also include all sign structures.
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.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STREET. Any public or private thoroughfare or way other than a public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, or any other similar designation.
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, 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.
TOWER. Framework or structure exceeding 35 feet in height including any wind generating tower, telephone communications towers, and any structure required by any other regulations to have warning lights.
TWIN HOME. A two-family dwelling with the party wall (constructed to meet fire ratings and sound transmission control ratings) acting as the dividing lot line for each separate (and equal as is reasonably possible) parcel of record (sub-division by issuance of conditional use permit).
VARIANCE. Has the same meaning as defined or described in M.S. Chapter 462, as it may be amended from time to time.
WETLAND. Any land as defined in M.S. § 103G.005 subd. 19, as it may be amended from time to time. These lands are 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. WETLANDS must have the following three attributes:
(1) Have a predominance of hydric soils;
(2) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for lien in saturated soil conditions; and
(3) Under normal circumstances, support a prevalence of such vegetation.
WIND ENERGY CONVERSION SYSTEM. Any device that converts wind power to a usable form of energy, such as electricity or mechanical energy (also referred to by such common names as wind charger, wind turbine, and windmill).
YARD. The area between any lot line and the nearest wall of any structure built upon the lot.
ZONING OFFICER. The local official responsible for administration and implementation of the zoning regulations of the city or his or her authorized representative.
ZONING PERMIT. Document issued by the Zoning Administrator authorizing building, structures, or uses consistent with the terms of the zoning code and for the purpose of carrying out and enforcing its provisions.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)