For the purposes of these regulations, the following terms, phrases, words, and their definitions shall have the meanings given in this section.
The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:
A. The singular number includes the plural and the plural includes the singular.
B. The present tense includes the past and future tenses and the future includes the present.
C. The word "shall" is mandatory while the word "may" is permissive.
D. The masculine gender includes the feminine and neuter.
E. All measured distances expressed shall be to the nearest tenth of a foot (0.1') and its metric equivalent.
F. The word "lot" shall include the words "plot", "piece", and "parcel" of land.
G. The words "used for" shall include the phrases "arranged for", "designed for", "intended for", "improved for", "maintained for", and "occupied for".
ABUTTING: Making contact with or separated only by a public thoroughfare (other than State Highway 210 or State Highway 371 or CSAH 48) or public utility right of way.
ACRE: A quantity of land containing forty three thousand five hundred sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g., circular, square, triangular, irregular, wide or narrow).
ACRE, NET (As Applied To PUD Density Calculations): One acre of contiguous land subtracting the following: Two-thirds (2/3) of that portion of the acre delineated as wetlands, half of that portion of the acre defined as bluffs or steep slopes that drop at a rate of twelve percent (12%) or more per every fifteen feet (15') or more of distance, and the entire area of public street rights of way.
ALLEY: A public right of way which affords a secondary means of access to abutting property.
APPLICANT: See definition of Subdivider.
BLOCK: An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision and/or bodies of water.
BLUFF: A topographical feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of a bluff):
A. Part or all of the feature is located in the shore land district;
B. The slope rises at least twenty five feet (25') above the ordinary high water level of the water body;
C. The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and
D. The slope must drain toward the water body.
BOULEVARD: That portion of the street right of way between the curb or curb line and the property line.
CITY ATTORNEY: The person licensed by the state to practice law who has been engaged by the city council.
CITY DESIGNATED FIRE CHIEF: The person so designated by the council.
CITY ENGINEER: The registered professional engineer engaged by the city council as city engineer.
CITY PUBLIC WORKS DIRECTOR: See definition of Public Works Director.
COMPREHENSIVE PLAN: A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: statements of policies, goals, standards, a land use plan, a transportation plan and recommendations for plan execution.
COUNCIL: The city council, as established by state law.
DENSITY: The number of dwelling units permitted by each zoning district on a given area of land as described by the zoning ordinance.
DENSITY, NET: The number of dwelling units permitted by this title and by the zoning ordinance on one net acre of land.
DEVELOPER: See definition of Subdivider.
DEVELOPMENT AGREEMENT: A required contract between the subdivider and the city which details the improvements to be constructed in a subdivision and secures for their payment.
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, including rental or timeshare accommodations such as motel, hotel, or resort rooms and cabins.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of said owner's property.
FINAL PLAT: A drawing, in final form, showing the proposed subdivision containing all information and detail required by state statutes and by this title to be presented to the city council for approval, and which, if approved, may be duly filed with the county recorder.
FLOODPLAIN: The area adjoining a river, stream, drainage channel, lake, pond or any low area which is subject to flooding at least once in one hundred (100) years. FEMA floodplain maps shall govern, unless proven to be in error by topographic survey.
FRONTAGE: The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street or protected water. On a corner lot it shall be the shortest dimension on a public street.
GRADE: The lowest elevation of the finished surface of the ground, sidewalk, or other paving within a five foot (5') horizontal distance from any structure.
IMPERVIOUS SURFACE: A hard surface area that either prevents or retards the entry of water into the soil. Examples of impervious surfaces include, but are not limited to: roofs, storage areas, walkways, sidewalks, patios, driveways, parking lots, concrete paving, bituminous/asphalt paving, gravel roads or parking areas, and other packed earthen materials.
LAKE: Open water without emergent vegetation (identified as protected waters by the department of natural resources).
LANDSCAPING: Plantings such as trees, grass, shrubs, and decorative timbers, arbors, rocks and water displays, etc.
LICENSED ENGINEER: A person licensed as a professional engineer by the state of Minnesota.
LOT: A parcel of land described by U.S. government survey, by metes and bounds measurement, by reference to a registered land survey plat, by record of survey map, or other means, and separated from other parcels or portions by said description; and which is occupied by, or is suitable under this title and other applicable ordinances for occupancy by one principal building, or used together with any accessory buildings or uses together with such open spaces as are required by this or other applicable ordinances. (See also definition of Lot Of Record.)
LOT AREA: The area of a lot on a horizontal plane bounded by lot lines. For the purpose of meeting any area or dimensional requirements, the lot area shall not include any portion that lies within a public road easement or which is below the ordinary high water mark of any lake, river or stream. In addition, at least seventy five percent (75%) of the required minimum lot size for that district must be contiguous upland to itself and not be within a wetland, floodplain, or bluff. In other words, the lot area would be the contiguous upland seventy five percent (75%) of the lot that is not within the wetland, floodplain or bluff.
LOT, BUILDABLE PORTION OF (BUILDING ENVELOPE): The area of a lot on which the principal structure may be placed, or that portion of the lot remaining after the minimum building setbacks have been met.
LOT, CORNER: A lot situated at the junction of and abutting on two (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 one hundred thirty five degrees (135°).
LOT LINE: The property line bounding a lot except that where any portion of the lot extends into the public right of way or a proposed public right of way, the line of such public right of way shall be the lot line. For purposes of setback requirements, waterfront lots shall be deemed to have a front lot line on both the street and the ordinary high water mark.
LOT LINE, FRONT: That boundary of a lot which abuts an existing, dedicated, or proposed public street, and in the case of a corner lot it shall be the shortest dimension on a public street; except lots adjacent to the ordinary high water mark within the shore land district shall have a front lot line both on the street and the waterfront. Corner lots shall be deemed to have front lot setbacks from both streets. A front lot determination may be made by the planning and zoning administrator based on the orientation of the primary structure on the corner lot.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length or if the lot forms a point at the rear, the rear lot line shall be construed to be a line ten feet (10') in length within the lot, parallel to the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line nor a rear lot line.
LOT OF RECORD: A lot existing as of January 19, 1982 (the date of Baxter's first subdivision ordinance), or approved by the city as a lot subsequent to such date, and includes nonconforming lots.
LOT, THROUGH: Any lot other than a corner lot which abuts more than one street.
LOT WIDTH: The horizontal distance between the side lot lines of a lot measured parallel to the front line of the lot at the front building setback line.
OFFICIAL COMPREHENSIVE PLAN: See definition of Comprehensive Plan.
100-YEAR STORMWATER ELEVATION: The water surface elevation determined in a 100-year, 24-hour stormwater analysis as determined in writing by a Minnesota licensed engineer.
ORDINARY HIGH WATER MARK (OHWM): An elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
OWNER: An individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having a proprietary interest in the land and/or building concerned.
PARK: A public or private land dedication as described in the "Baxter park and recreation plan".
PATHWAY, PEDESTRIAN AND BIKE TRAIL: A public way, running across or located within a platted lot or block, or an unplatted parcel of land, or within a public street or thoroughfare right of way, used cooperatively for pedestrian, biking, and rollerblading traffic.
PEDESTRIANWAY: The right of way across or within a block, for use by pedestrian traffic.
PLANNED UNIT DEVELOPMENT: A tract of land under unified ownership, partnership, or agreement among two (2) or more owners to provide for a planned development project wherein there is more than one principal building or land use per lot, or lots are grouped with common elements such as driveway, open space, parking, signage, and the like, and with adequate controls to protect adjacent development and ensure high standards of development in accordance with an integrated design and coordinated physical plan.
PLANNING AND ZONING ADMINISTRATOR: The duly appointed person charged with implementation and enforcement of this title.
PUBLIC WORKS DIRECTOR: The duly appointed person charged with the oversight of city owned utilities, city operated streets, and such other duties as may have been assigned by the city council.
SETBACK: The minimum horizontal distance allowed by this title and/or the zoning ordinance, between a structure, a parking area, or other feature established on such lot, and a lot line.
SETBACK, MINIMUM BUILDING: The minimum horizontal distance allowed by this title and/or the zoning ordinance, between a structure and a lot line.
SHORE LAND: Land located within the following distances from public waters: one thousand feet (1,000') from the ordinary high water mark of any lake and three hundred feet (300') from the bank of the river or stream or three hundred feet (300') from the base floodplain surface elevation, whichever is a greater distance, all as identified in section 10-3L-3 of this code.
SIDEWALK: A hard surfaced public or private way, used primarily for pedestrian traffic.
STATE TRAIL: A trail, such as the Paul Bunyan Trail, provided and maintained by the department of natural resources, to afford combined use of trail users, for snowmobilers, hikers, bikers, and rollerbladers, etc.
STREET: A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk, trail, pathway, or pedestrianway), used primarily for vehicular traffic, which may be designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term street includes the following classifications:
Street, Collector: A street which carries traffic from local streets to highways of higher classifications. See the Baxter roadway map for the list and location of all such streets.
Street, Cul-De-Sac: A street with a circular turnaround and only one outlet.
Street, Local: A street of limited continuity used primarily for access to and from abutting properties for the local needs of a neighborhood. See the Baxter roadway map for the list and location of all such streets therein marked as residential streets.
Street, Minor Arterial: A street that interconnects with and augments the urban major arterial system to provide service for trips of moderate length at lower levels of travel mobility than principal arterials. See the Baxter roadway map for the list and location of all such streets therein marked as arterial streets.
Street, Principal Arterial: Usually a divided highway with four (4) or more lanes and serves to move traffic through the city, being the highest volume traffic corridors. See the Baxter roadway map for the list and location of all such streets therein marked as expressway streets.
STRUCTURE: Anything constructed, the use of which requires a location on the ground for a period of greater than ten (10) days, or attachment to something having a permanent location on the ground, including signs; accessory structures; and including utility structures or boxes in excess of thirty (30) cubic feet.
SUBDIVIDER: Owner of land submitting a plat (also called developer).
SUBDIVISION: The division of any parcel of land into two (2) or more lots, blocks, and/or sites, with or without streets or highways; includes a resubdivision. In addition, the creation of any cooperative, condominium or any other common interest community now regulated by Minnesota statutes chapter 515B including any such community that is excepted from said chapter 515B due to its low number of units or commercial character.
SURVEYOR: A person duly registered as a land surveyor by the state of Minnesota.
TOE OF BLUFF: The lower point of a fifty foot (50') segment of land with an average slope exceeding eighteen percent (18%).
TOP OF BLUFF: The higher point of a fifty foot (50') segment of land with an average slope exceeding eighteen percent (18%).
WETLANDS: Classified and located as shown on the national wetlands inventory or delineation of record by a qualified delineator and surveyor.
YARD: A required open space on a lot, which is unoccupied and unobstructed by any structure from its lowest ground level to the sky except as expressly permitted in this title.
YARD, FRONT: A yard extending across the front of the lot between the side lot lines and lying between the front lot line and the nearest front line of the primary structure.
YARD, REAR: A yard extending across the rear of the lot between the side lot lines lying between the rear lot line and the nearest line of the building.
YARD, SIDE: A yard between the side lot line and the nearest line of the building and extending from the front yard line to the rear yard line.
ZONING DISTRICT: An area or areas within the city of Baxter for which the regulations and requirements governing use, lot size, and other characteristics are uniform.
ZONING ORDINANCE: The city of Baxter zoning ordinance, as amended from time to time. (Ord. 2014-02, 2-18-2014)