For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Abut. Make contact with or separated by public thoroughfare, railroad, public utility right-of-way, or navigable waters.
Accessory Dwelling Unit (ADU). A secondary dwelling unit, subordinate to a principal one-family dwelling, within or attached to a one-family dwelling or in a detached accessory building on the same zoning lot.
Accessory Structure. A structure subordinate to, incidental to, and/or serving the principal structure on the same lot and the use of which is clearly incidental to that of the main building or to the use of the premises. Examples of accessory structures include detached garages, greenhouses, gazebos, ice-fishing shacks, storage sheds, tool sheds, platforms, trash enclosures, and the like.
Accessory Structure or Facility (Shoreland). Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
Accessory Use or Structure (Floodplain). A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Addition. A physical enlargement of an existing structure.
Adjacent. When referring to adjacent lots or land, adjacent shall mean a lot that shares all or part of a common lot line with another lot.
Adult Day Care. Personal care during the day (for less than 24 hours) in a protective setting licensed by the state providing companionship education, recreational, or developmental activities, as well as integral but subordinate medical services in the form of medical examinations, dental screening, and immunizations.
Agriculture Uses. Those uses commonly associated with the growing of product on farms. These include: field crop farming; pasture for hay, fruit growing, tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for the seasonal sale of products grown on premises; and keeping and raising of ten or fewer farm animals, but not including fur farms, wholesale nurseries and garden centers, and kennels.
Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
Alternative Energy System. A geothermal, wind, or solar energy system.
Animals. See City Code subsection 380.01 for animal definitions.
Annexation. The inclusion, attachment, or addition or property into the city limits.
Antenna. Any of the below described uses requiring an antenna shall be subject to the regulations of this chapter.
Antenna, Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of radio waves in wireless communications including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging, and similar services, and including the support structure thereof.
Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped, electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.
Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod, or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof.
Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof.
Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses and including the support structure thereof. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVRO’s (television receive only), and satellite microwave antennas.
Antenna, Short-Wave Radio Transmitting and Receiving. A wire, set of wires, or a device consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof.
Antenna Support Structure. Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
Antenna Tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless service antennas. The term “tower” shall not include amateur radio operators’ equipment, as licensed by the FCC.
Antenna Tower, Temporary Mobile. Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless service, which is commonly referred to as cellular on wheels (COW).
Apartment. See “Dwelling, Multiple-Family (Apartment).”
Applicant. The owner, their agent, or person having legal control, ownership, and/or interest in land which the provisions of this chapter are being considered for or reviewed.
Arterial. A type of road that is characterized by limited access and a design capacity to move relatively large volumes of traffic in an expedient manner. Arterials are divided into principal arterials and minor arterials based on their access, the traffic volume they carry, and the areas they serve. The roadway classification system is further defined and illustrated in the transportation chapter of the City Comprehensive Plan as amended.
Assisted Living Facility. A facility that provides sleeping accommodations to one or more adult residents, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for the establishment, as defined in M.S. § 144G, as it may be amended from time to time.
Automobile Repair Services, Major. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, framework, welding, and major painting service.
Automobile Repair Services, Minor. The replacement of any part or repair of any part that 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 automobiles and trucks not in excess of 9,000 pounds gross weight.
Automobile Service Station. See “Motor Fuel Station.”
Average Ground Level. The average ground elevation at least five years prior to construction at the corners of a principal or accessory building footprint. Said average ground elevation shall be established from topographic maps on file at City Hall or as determined by the City Engineer.
Awning. A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
Basement. Any area of a structure, including crawl spaces, located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground.
Basement (Floodplain). 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.
Bay. Cantilevered area of a room.
Berm. A landscaped mound of earth typically used to separate incompatible uses, screen off-site views of development, mitigate noise impacts, and create aesthetic interest.
Best Management Practices. A technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction-related runoff, erosion, and sedimentation.
Block. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage, or boundary line of the corporate limits of the city.
Bluff (Shoreland). A topographic feature such as a hill, cliff, or embankment having all of the following characteristics:
1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the water body;
3. 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;
4. The slope must drain toward the water body; and
5. An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff.
Bluff Impact Zone (Shoreland). A bluff and land located within 20 feet from the top of a bluff.
Bluff, Toe of (Shoreland). The lower point of a 50-foot segment with an average slope exceeding 18%.
Bluff, Top of (Shoreland). The higher point of a 50-foot segment with an average slope exceeding 18%.
Board of Appeals and Adjustments. The City Council sitting as a review board for zoning matters as provided in M.S. § 462.357, subd. 6, as it may be amended from time to time.
Boulevard. That portion of the dedicated street or right-of-way lying between the back of a curb, or traveled portion of the right-of-way if there is no curb, and the lot or property line (typically landscaped with grass and/or street trees).
Brewery. A facility used for the production of malt liquor. M.S. Chapter 340A applies, as it may be amended from time to time.
Brewpub. An establishment offering a food menu in addition to alcohol produced by an associated brewery.
Buffer. The use of land, topography, difference in elevation, space, fences, or landscape plantings to screen or partially screen a use or property from another use or property to shield or mitigate undesirable influences such as: sight, noise, dust, lights, and other external impacts.
Buffer Strip. An area of vegetated ground cover abutting a wetland that is maintained in its natural condition.
Buffer Yard. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
Buildable. The portion of the lot above the ordinary high watermark of a waterbody, outside of steep slope areas of 12% or greater, remaining after required yards, setbacks, and easements have been provided.
Building. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
Building Coverage. The term “building coverage,” as referenced in this chapter, shall include the principal building and any attachments thereto which contain a roof. Accessory buildings and structures which contain a roof and are in excess of 120 square feet in dimension shall also be included.
Building Height. The vertical distance to be measured from the grade of a building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the upper most point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.
Building Height (Shoreland). 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. “Accessory Building Heights (Shoreland)” shall be measured to a point on the roof directly above the highest wall.
Building-Integrated Solar Energy System. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights, and awnings.
Building Line. A line parallel to the street right-of-way, street easements, or ordinary high water level at any story level of a building and representing the minimum distance that all or any part of the building is set back from said right-of-way, easement, or ordinary high water level.
Building Setback. The minimum horizontal distance between the building and a lot line, right-of-way, or the ordinary high water mark of a waterbody.
Business. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation.
Canopy. An accessory roof-like structure, which is either attached to or detached from a principal building; which is open on all sides, other than where attached; and, which is located over and designed to provide cover for commercial or industrial entrances, exits, and walkways, and off-street vehicle service areas.
Car Wash. A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor.
Carport. A canopy supported by posts, either ornamental or solid, and having one or more sides open.
Catering/Commercial Kitchen. An establishment having a minimum seating capacity of 160 providing food and beverages service, which may include accessory on-sale liquor and live entertainment, where meals are regularly prepared on the premises and served at tables for special events sponsored by persons or entities who are members of the general public, but which is not open for business on a daily basis, and which may provide catering services for special events for consumption off the premises.
Cemetery or Memorial Garden. A parcel or tract of land used or intended to be used for the burial of the dead.
Certificate of Occupancy. A document that must be issued and contained by the local government agency certifying a building’s compliance with applicable building codes and indicating it be in a condition suitable for occupancy.
Channel. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
City. The City of Big Lake.
City Administrator. The person designated by the City Council to be the City Administrator.
City Attorney. The person designated by the City Council to be the City Attorney.
City Building Official. The person designated by the City Council to be the City Building Official.
City Clerk. The person designated by the City Council to be the City Clerk.
City Code. The Municipal Code of the City of Big Lake, as amended from time to time. Also referred to as the City of Big Lake Newly Codified Ordinances. This zoning ordinance is part of the City Code.
City Council. The governing body of the city.
City Engineer. The person designated by the City Council to be the City Engineer.
City Zoning Administrator. The person designated by the City Council to be the Zoning Administrator of the city.
Clear View Triangle. The area around the convergence of two streets or a street and an access driveway where visibility is not impeded. The clear view triangle shall be identified as follows: Beginning at the intersection of the of the projected curb lines adjacent to two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line thence to the point of beginning.
Closed Loop Geothermal System. A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.
Collector Streets. A type of road that functions to provide connections between neighborhoods and from neighborhoods to areas with concentrations of business. They typically have lower traffic volumes and speeds than arterials, but higher than local streets. Collectors are divided into those roads that are designed to distribute traffic from major generators or from minor collectors to arterial roads (major collectors) and those roads that are designed to distribute traffic from major collectors or arterials to local streets (minor collectors). The roadway classification system is further defined and illustrated in the transportation chapter of the City Comprehensive Plan.
Commercial Equipment. Any equipment, including trailers, used for the alteration, demolition, construction, maintenance, or excavation of a building, structure, or property.
Commercial Vehicle Sales. The use of any building or land area for the display and sale of new or used commercial vehicles. See “Vehicle, Commercial” for definition of commercial vehicle.
Commissioner (Shoreland). Commissioner of the Department of Natural Resources.
Common Open Space. Any privately owned open space including private parks, nature areas, playgrounds, and trails including accessory recreational buildings and structures which are an integral part of a development.
Community Solar Energy System (also called Solar Garden). A solar-electric (photovoltaic) array generating no more than five megawatts that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing on-site or located off-site from the location of the solar energy system or for wholesale on the commercial grid.
Comprehensive Plan. Sometimes referred to as “City Plan” or “Comprehensive City Plan” and consists of a compilation of goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development, both public and private, of the city and its environs, as defined in the state’s Municipal Planning Act, being M.S. §§ 462.351 et seq., and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
Conditional Use. A use classified as conditional generally may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed, it may create special problems such as excessive height or bulk, abnormal traffic congestion, or environmental disruption.
Conditional Use (Floodplain). 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, floodplain regulations, or building codes, and upon a finding that:
1. Certain conditions as detailed in the city zoning ordinance exist; and
2. The structure and/or land use conform to the Comprehensive Land Use Plan goals and are compatible with the existing neighborhood.
Conditional Use Permit. A permit, issued by the City Council by resolution, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. Frequently identified by its initials, CUP, or C.U.P.
Condominium. A multiple-family dwelling or development containing individually owned units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the State Condominium Act, M.S. §§ 515.01 through 515.29, as they may be amended from time to time.
Contractor Operation. An area and/or building devoted to use by a person who contracts to supply certain materials or to perform certain work in the field of building or construction trades.
Court. An unoccupied open space other than a yard which is bounded on two or more sides by the walls of a building.
Covenant, Private. An agreement between private parties that binds and restricts the land in the hands of present owners and subsequent purchasers.
Day Care Facility. Any state licensed facility, public or private, which provides one or more 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. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services, as defined by M.S. § 245A.02, subd. 10, as it may be amended from time to time.
Deck. A horizontal, unenclosed platform attached or functionally related to a principal use or site and at any point extending more than 30 inches above average ground level.
Development. Any human-made change to improved or unimproved real estate including, but not limited to, buildings and other structures, mining dredging, filling, grading, paving, excavation, drilling operations, or storage of material or equipment.
Dispatch Center. An office where employees manage a group of vehicles, especially for the emergency services, and send them where they are needed.
Display, Outside. Storage outside the principal building where merchandise is visible and may involve active sales as well as passive sales (where items can be taken inside for actual purchase).
Distribution Center. A use greater than 50,000 square feet in area in which typically large volumes of commodities are received and organized for transport prior to final dispersal to the consumer. A distribution center does not include the distribution related uses, including, but not limited to, office and laboratory or production space.
Distribution Lines. All those wires, poles, and appurtenant equipment used to carry electricity, generally rated below 115 kilovolts, located between a customer and a transmission line.
District. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. Also referred to as a Zoning District.
Drainage Way. A natural or human-made channel which collects and intermittently or continuously conveys storm water runoff.
Draining. The removal of surface water or groundwater from the land.
Dredge. To enlarge or clean out a waterbody, watercourse, or wetland.
Drive-Through Facility. An establishment at which patrons may purchase products or receive service without having to leave the motor vehicle. A motor fuel station is not considered to be a drive-through facility.
Duplex, Triplex, and Quad. A dwelling structure 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. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, mobile homes, motor homes, or travel trailers. Also referred to as a “dwelling unit.”
Dwelling, Attached. A building where a dwelling unit is joined in a horizontal fashion to one or more dwelling units by party wall or walls.
Dwelling, Detached. A single-family dwelling not attached to another entirely surrounded by open space.
Dwelling, Manufactured Home. A residential dwelling unit designed for transportation after fabrication on streets or highways and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpack and assembly operations. A motor home is not considered a manufactured home.
Dwelling, Multiple-Family (Apartment). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways, stairs, main entrances and exits, and/or other common elements.
Dwelling, Senior. Multiple-family dwelling designed for and occupied primarily by persons over 55 years of age, and which may include on-site recreational, social, or health care services for the benefit of the residents.
Dwelling, Single-Family. A building designed for and exclusively occupied exclusively by one family.
Dwelling, Townhouse. Structures housing dwelling units contiguous to each other only by the sharing of one or more common walls with each unit having a separate entrance/exit. Such structures are of the townhouse or row house type as contrasted to multiple-family dwelling apartment structures.
Dwelling, Two-Family. A building designed exclusively for occupancy by two families in separate dwelling units.
Duplex. A two-family dwelling with one unit above the other.
Twinhome. A two-family dwelling with two units side by side.
Dwelling Unit (Shoreland). 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, resort rooms, and cabins.
Earth Sheltered Building. A building so constructed that 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of usable space in non-residential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or sub-structure for above grade construction. A partially covered building shall not be considered earth sheltered.
Easement. A grant by a property owner of one or more property rights for the use of land for the purpose of ingress and egress, trails and pedestrian ways, constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer, or storm drainage ways and infrastructure, and gas lines.
Engineer. An electrical, mechanical, civil, or other professional engineer licensed by the state.
Erosion. The wearing away of the ground surface as a result of the movement of wind, water, or ice.
Essential Service Structures. Structures and buildings necessary for the operation of essential services, including, but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, and lift stations. Essential service structures shall not include transmission/reception antennas or electric transmission lines in excess of 35 KV and associated poles, towers and other appurtenances 60 feet or more in height above the natural ground level.
Essential Services. The erection, construction, alteration, or maintenance by private or public utilities or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, water, or sewer transmission, distribution, collection, supply or disposal systems, including towers, wells, radio receivers and transmitters, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Wireless communication services, transmission/reception support structures and antennas, commercial broadcasting antennas and towers, and electric transmission lines in excess of 35 KV shall not be considered an essential service.
Event Center. A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, retreats, parties, weddings, receptions, and dances.
Excavation. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface area or two feet in depth, excavated or made for the removal from the natural surface of the earth, soil, sand, gravel, stone, or other natural matter, made by turning or breaking or undermining the surface of the earth.
Exterior Storage. See “Outdoor Storage (Exterior Storage).”
Family. An individual or two or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than six persons not so related maintaining a common household and using common cooking and kitchen facilities.
Farm. An unplatted tract of land containing more than ten acres, or two or more abutting parcels under the same ownership having a total area of more than ten acres on which crops and often livestock are raised for a source of income.
Feedlots. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches, and zoos shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots, nor shall any area as above described which contains ten farm animals or less.
Fence. Any lineal structure used to prevent access by persons or animals, or to prevent visual or sound transference. Fences shall not include retaining walls and sound barriers as defined in this chapter.
Filling. The act of depositing any rock, soil, gravel, sand, or other material so as to fill or partly fill a waterbody, watercourse, wetland, channel, or natural or excavated hole, trench, or other swell or depression in the earth.
Firearm Range. Any rifle, pistol, silhouette, skeet, trap, black powder, or other similar range used for discharging firearms in a sporting event or for practice or instruction in the use of a firearm, or for the testing of a firearm.
Flood (Floodplain). 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.
Flood and Erosion Control Facilities. Facilities approved by the appropriate authority to minimize the potential for damage from flooding or erosion. Facilities may consist of channels, shoreline protection, storm water control facilities, and related structures.
Flood Frequency (Floodplain). The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Flood Fringe (Floodplain). That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Sherburne County, Minnesota and Incorporated Areas.
Flood Proofing (Floodplain). A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
Floodplain (Floodplain). The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.
Floodway (Floodplain). The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
Floor Area. The total square footage of each floor of a building measured from the exterior faces of the exterior walls.
Floor Plan, General. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.
Funeral Home.
1. A building or part thereof used for human funeral services. Such building may contain space and facilities for:
a. Embalming and the performance of other services used in the preparation of the dead for burial;
b. The performance of autopsies and other surgical procedures;
c. The storage of caskets, funeral urns, and other related funeral supplies; and
d. The storage of funeral.
2. This classification excludes cemeteries and crematoriums.
Garage. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and trucks.
Garbage. Animal and vegetable wastes and other wastes or putrescible matter including, but not limited to, grease, wrappings, shells, grounds, bones, entrails, and similar materials resulting from the handling, preparation, cooking, service, and consumption of food, and other animal wastes.
Garden Center. A place of business where retail and wholesale products and produce are sold to the retail customer. These centers, which may include a nursery and/or greenhouses, import the majority of the items sold. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hose, rakes, shovels, and other garden and farm tools and utensils.
Gazebo. A freestanding accessory structure or pavilion. Such structures are characterized by partly open construction, design symmetry, and the use of ornamental architectural features.
Geothermal System. A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils, or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system.
Governing Body. The Big Lake City Council.
Grade (Adjacent Ground Elevation). The lowest point 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. “Grade” also means the following: The vertical location of the ground surface; existing grade means the grade prior to grading; rough grade means the stage at which the grade approximately conforms to the approved plan; final grade means stage at which the grade conforms to the approved plan.
Grading. Changing the natural or existing topography of the land.
Greenhouse. An enclosed building, permanent or portable, which is used for the growing of small plants.
Greenway. A linear park, alternative transportation route, or open space area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open space or natural areas as indicated in the Comprehensive Plan.
Grocery, Supermarket. A retail establishment which offers for sale food products, household items, and other goods associated with the same. In many cases, supermarkets include pharmacies, delicatessens, and snack bars.
Gross Floor Area. Total floor area including exterior building walls of all floors of a building or structure.
Gross Vehicle Weight Rating (GVWR). Maximum to which a vehicle can be loaded, according to the manufacturer; includes dry weight of the vehicle plus all fuel, water, supplies, and passengers.
Ground-Mounted Equipment. Any equipment that is affixed to the ground and extends above the natural grade.
Guest Room. A room or rooms used, or intended to be used, by a guest for sleeping purposes, and in which no provision is made for cooking.
Health Club. A place of assembly and activity where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness. Uses include, but are not limited to, personal training, gymnastics, martial arts, aerobics, exercise, and dance studios.
Home Occupation. Any activity engaged in by the occupant of a residential dwelling unit, which is carried out for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof. This includes home offices used for conducting affairs of a recognized business, profession or service solely by the occupant of the dwelling and does not involve the on-site sale of products or client/patron site visitations.
Hotel (including Hotel/Suites). Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing three or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied, or which are occupied by three or more individuals for compensation, whether compensation be paid directly or indirectly.
Hub. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
Hub Height. The distance measured from natural grade to the center of the turbine hub.
Impervious Surface. An artificial or natural surface that is highly resistant to infiltration by water. It includes, but is not limited to, surfaces such as compacted sand, clay or gravel as well as most conventionally surfaced streets, roofs, swimming pools, sidewalks in excess of three feet in width, parking lots, and other similar structures, but not including decks or platforms where one-quarter inch gaps are provided between deck boards for water to drain.
Individual Sewage Treatment System. A sewage treatment system or part thereof, serving a dwelling, building, structure, or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. Individual sewage treatment system includes holding tanks.
Intensive Vegetation Clearing (Shoreland). The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Interim Use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.
Interim Use Permit. A permit issued in accordance with procedures specified in this chapter, as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.
Junk Yard. Any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any commercial salvaging and scavenging of any other goods, articles, or merchandise.
Kennel, Commercial. Any place where four or more domestic animals of one type, over six months of age, are commercially kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals or any premises requiring a kennel license as provided by Chapter 3 (Licenses), Section 390 (Animals) of the City Code.
Land Surveyor. Such persons licensed by the state as a land surveyor.
Landscaping. Plantings such as trees, flowers, grass, and shrubs, and improvements directly related thereto.
Loading Space (Off-Street). A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials.
Local Street. A type of road that functions to provide access to adjacent properties and from properties to collectors and/or arterials. Speeds and traffic volumes are typically lower than collector or arterials. This roadway classification system is further defined in the Transportation Chapter of the City Comprehensive Plan.
Lot (Shoreland). A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.
Lot. One unit of a recorded plat or subdivision, which unit has frontage on a public street and is occupied, or to be occupied, by a building and its accessory buildings, and including as a minimum, such spaces as are required under this chapter. Lots may be classified as follows:
Lot, Butt. A lot located at the end of a block, located between two corner lots.
Lot, Corner. A lot situated at the intersection of two or more streets.
Lot, Interior. A lot other than a corner lot, including through lots.
Lot, Through. A lot fronting on two parallel streets.
Lot Area. The area of a lot in a horizontal plane bounded by the lot lines.
Lot Coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures but not including uncovered porches, decks, ground level landings, landscape structures, or recreational facilities.
Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).
Lot, Frontage. The front of a lot shall be, for purposes of complying with this chapter, that boundary abutting a public right-of-way.
Lot Line. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way, the lot line is deemed to be the public right-of-way line for applying this chapter.
Lot Line, Front. 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. If the dimensions of a corner lot are equal, the front line shall be designated by the City Building Official.
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 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, parallel to and at the maximum distance from the front lot line.
Lot Line, Side. Any boundary of a lot which is not a front line or a rear lot line.
Lot (of Record). A parcel of land, whether subdivided or otherwise legally described as of September 13, 1979, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.
Lot, Substandard. A lot or parcel of land which does not meet the minimum lot area, structure setbacks, or other dimensional standards of this chapter.
Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum front building setback line.
Lot Width (Shoreland). The shortest distance between lot lines measured at the midpoint of the building line.
Lowest Floor (Floodplain). 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.
Luxury Garage. A community of storage buildings governed by a homeowner’s association, for the primary purposes of recreational storage and social gatherings. Permissible uses shall include, but not be limited to, storage of vehicles and recreational equipment, and the creation of social and entertaining spaces for use by individuals and groups, as “man caves”, game rooms, wet bars, wine cellars, kitchens and display rooms, and other similar uses.
Machine Shop. A facility performing cutting, grinding, turning, honing, milling, deburring, lapping, electrochemical machining, etching, or other similar operations.
Manufactured Home. See “Dwelling, Manufactured Home.”
Manufactured Home (Floodplain). 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.”
Manufactured Home Park. Any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.
Mining. The extraction of land, gravel, rock, soil, or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit.
Model Home. A home which is similar to others in a new residential development and is temporarily open to regular public inspections for the purpose of selling other homes in the development.
Monopole Tower. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.
Motel (Motor Hotel). A building or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of transient guests traveling by automobile.
Motor Freight Terminal (Truck Terminal). A building in which freight brought by motor truck is assembled and sorted for routing in intrastate and interstate shipment.
Motor Fuel Station. A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding. Also sometimes described as an automobile service station.
Motor Home. A vehicle that provides temporary living quarters and is self-propelled or capable of being towed on public roads. Temporary living quarters shall mean:
1. The vehicle is not used as a residence; and
2. The vehicle is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities away from the property.
Motor Vehicle Sales. The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, boats, trailers, or recreational vehicles.
Non-Conforming Structure or Use, Illegal. A structure or use that has been established in a manner that does not conform to the applicable conditions required by the regulations in place at the time the structure or use was established.
Non-Conforming Structure or Use, Legal. Any lawfully established structure or use which, on April 26, 2023 (effective date of the ordinance from which this chapter is derived) does not conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.
Non-Conformity (Shoreland). 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.
Noxious Matter or Material. Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals.
Nursery, Farm. A wholesale operation for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown on-site or established in the ground prior to sale.
Obstruction (Floodplain). 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 floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
Occupancy. The purpose for which a building is used or designed. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
Occupant. Any person (including owner or operator) living, sleeping, cooking, or eating within a dwelling unit.
Office Business (General). An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, administrative, or clerical service operations including attorneys, financial advisors, consultants, insurance, travel, and other uses of similar character.
Open Loop Geothermal System. A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well.
Open Sales Lot. Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale.
Open Space. Any open area not covered by structures, including, but not limited to, the following uses: required or established yard areas, sidewalks, trails, recreation areas, waterbodies, shorelands, watercourses, wetlands, ground water recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development.
Ordinary High Water Level (Shoreland). The boundary of public waters and wetlands, and 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 shall be the operating elevation of the normal summer pool.
Outdoor Storage (Exterior Storage). Any open land used or occupied for the purpose of outdoor storage of material, equipment, or products. Outdoor storage shall not include the temporary parking of licensed and operable motor vehicles in designated parking stalls, or trucks being serviced in designated loading areas or uses defined as “temporary outdoor seasonal sales.”
Outdoor Wood Burner. Any equipment, device, or apparatus, or any part thereof, which is installed or constructed for the purpose of combustion of fuel to produce heat, hot water, and/or energy that is used as a component of a heating system providing heat for the interior of a building or for a pool, where the equipment, device, or apparatus is located outside of the building or pool for which the heat, hot water, and/or energy is to be generated. Said device shall be deemed to be outdoors, even if it is located in a building.
Outlot. A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or, a parcel which is included in a plat and which is subject to future platting prior (based upon an approved preliminary plat) to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities, or other similar purposes.
Owner. An individual, association, syndicate, partnership, corporation, trust, or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s), or other property.
Parcel. An individual lot or tract of land.
Parking Facility. A commercial parking facility owned and operated by the city or by a private entity and designed to accommodate the off-street parking of motor vehicles. Such parking may be located in a structured parking facility, a surface lot, or a combination thereof.
Parking Lot. Any off-street area that is one-level, surfaced, open-to-the-air, and used for parking vehicles.
Parking Pad. A pad used for parking vehicles and trailers, not considered part of the driveway.
Parking Space. A suitably surfaced and permanently maintained area, either within or outside a building, of sufficient size to store one standard automobile exclusive of any driveway or other circulation area, accessible from a street, alley, or maneuvering area.
Parkway. A divided or undivided major thoroughfare having controlled access to adjacent properties and designated as such in the Comprehensive Plan. A parkway also contains a planter strip for planting of low ground cover and street trees and may include pedestrian or bicycle trails.
Patio. A covered or uncovered, surfaced outdoor living area located at grade, adjacent to and accessible from a dwelling.
Performance Standard. Regulatory language stating the minimum requirement or the maximum allowable limit on the effects or characteristics of a use or structure.
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) of such districts.
Person. An individual, firm, partnership, association, corporation, or organization of any kind. “Person” also means an adult who is handicapped by reason of mental retardation, mental illness, chemical dependency, or physical handicap, and a child, whether handicapped or not, as defined by M.S. § 245A.02, subd. 4, as it may be amended from time to time.
Personal Services. Establishments providing non-medically related services, including barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic massage, body piercing, shiatsu, tattooing, and complementary and alternative health care practices defined by M.S. Chapter 146A, as it may be amended from time to time.
Photovoltaic System. A solar energy system that converts solar energy directly into electricity.
Pipeline. This term may mean either of the following:
1. A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage, or manufacturing facility; or
2. A pipe operated at a pressure of more than 275 pounds per square inch that carries gas.
Places of Worship. Any place of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term does not include uses, such as schools, recreational facilities, day care or child care facilities, kindergartens, dormitories, or other facilities, for temporary or permanent residences, which are connected or related to the worship facility or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training.
Planned Unit Development (PUD). A zoning designation which allows a mixing of buildings and uses which cannot be otherwise addressed under this chapter, and/or whereby internal site design standard deviations from this chapter may be allowed to improve site design and operation.
Planned Unit Development (Shoreland). 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, 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.
Planned Unit Development, Commercial (Shoreland). Uses that typically provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service oriented. For example, hotel/motel accommodations, resorts, recreation vehicle and camping parks, and other primarily service oriented activities are commercial planned unit developments.
Planned Unit Development, Residential (Shoreland). A use where the nature of residency is non-transient and the major or primary focus of the development is not service oriented. For example, residential apartments, time share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.
Planning Commission. The Planning Commission of the city, except when otherwise designated.
Plat. A drawing or map of a subdivision, meeting all the requirements of Minnesota Statutes, the city, and in such form as required by the county for purposes of recording.
Platform. A detached deck, having no walls or roof, that is no more than 30 inches above average ground level at any point.
Play and Recreational Facilities. Facilities customary and incidental to the principal use of the site intended for the enjoyment and convenience of the residents of the principal use and their occasional guests. Such facilities may include swing sets, play sculptures, sand boxes, picnic tables, basketball courts, tennis courts, swimming pools, barbecue grills, patios, and the like.
Premises. Land together with the buildings and structures thereon.
Principal Structure or Use (Floodplain). All uses or structures that are not accessory uses or structures.
Principal Structure or Use. The main use of land or buildings as distinguished from subordinate or accessory uses. “Principal use” may be either permitted, interim, conditional, or allowed by administrative permit. Such a use is to be interpreted in the general, broad sense of a given use classification, such as residential, commercial, industrial, and the like, and is comprised of and limited to one or more activities specified in a given zoning district.
Public, Educational, and Religious Buildings. Buildings arranged for public use (as defined below), the purposes of instruction, or religious worship.
Property Line. The legal boundaries of a parcel of property.
Public Notice. Notice placed in the official city newspaper stating time, location, and date of meeting and description of topic.
Public Use. Uses owned or operated by municipal, school district, county, state, or other governmental units.
Public Utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this chapter, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.
Public Waters. Waters of the state as defined in M.S. § 103G.005, subd. 15 and 15a, as amended from time to time.
1. Public Waters, General Development. Those waters whose shores are generally characterized by medium density residential development with or without limited service oriented commercial development.
2. Public Waters, Natural Environment. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
3. Public Waters, Recreational Development. Generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreational-oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.
4. Public Waters, Tributary Rivers. Segments consisting of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.
Reach (Floodplain). A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
Recreation, Indoor, Commercial. A commercial recreational land use conducted entirely within a building, including arcade, athletic and health clubs, bowling alley, community center, conference center, exhibit hall, gymnasium, movie theater, pool or billiard hall, skating rink, swimming pool, tennis court, and the like.
Recreation, Outdoor, Commercial. A commercial recreation facility that is primarily an open-air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities.
Recreation, Public. All uses that are commonly provided at parks, playgrounds, community centers, and other such sites owned and operated by a unit of government for the purpose of providing recreation to the public.
Recreational Facility. Parks, sports complex, and/or other areas of land having facilities for rest and/or recreational use or providing open space for leisure activities, and customarily used by the general public for such uses and activities.
Recreational Vehicle. A vehicular type of portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
Recreational Vehicle (Floodplain). 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 purposes of this chapter, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
Registered Land Survey. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a registered land survey number.
Regulatory Flood Protection Elevation (Floodplain). 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 floodplain that result from designation of a floodway.
Religious Institution. A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
Residential Facility, Licensed (Group Home). As defined in M.S. § 462.357, subd. 7 and 8, as it may be amended from time to time.
Restaurant. An establishment that involves the preparation of food and drink, served to and consumed by patrons primarily on the premises or for carry out.
Retail Sales. An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Retaining Wall. A structure constructed and erected to prevent erosion between two areas or pieces of property of different elevations.
Rezoning. The process whereby the zoning classification or specific regulations applicable to a property are changed from one district to another, also referred to as “zoning map amendment.”
Right-of-Way. Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer, or other similar uses.
Riparian. Of, on, or pertaining to the bank of a natural course of water.
Road. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated. Ingress and egress easements shall not be considered roads.
Roof Line. That line at which an exterior wall surface of a building departs from the vertical plane and, typically, where the horizontal plane of the roof commences. Mansard-like roof treatments may be considered as extensions of a building wall surface when the mansard-like treatment is considered as part of the roof.
Roof- or Building-Mounted Solar Energy System. A solar energy system (panels) that are mounted to the roof or building using brackets, stands, or other apparatus.
Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Self-Service Storage Facility. A building or group of buildings in a controlled-access, screened, and secured compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
Semi-Trailer. A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor, or towing vehicle, and which is used for the purpose of, but not limited to, storage, transportation of freight, or holding freight for sale or lease.
Septic System Drainfield. Subsurface wastewater disposal facilities used to remove contaminants and impurities from the liquid that emerges after anaerobic digestion in a septic tank.
Service Business. An establishment that provides useful labor, maintenance, repair, and activities incidental to business production and distribution.
Setback. The minimum required distance between a building or structure and the property line nearest thereto; within shoreland districts, it shall also mean the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. In cases where there is no foundation, setbacks shall be measured to the closest part of the structure to the lot line and/or right-of-way line and/or ordinary high watermark.
Setback, Front. The minimum required distance by which any building or structure must be separated from the front lot line.
Setback, Rear. The minimum required distance by which any building or structure must be separated from the rear lot line.
Setback, Riparian. The ordinary required distance between a structure and the ordinary high water mark.
Setback, Side. The minimum required distance by which any building or structure must be separated from the site lot line.
Sewage. Any water-carried domestic waste, exclusive of footing and roof drainage and storm water runoff of any residence, industry, agriculture, or commercial establishment, whether treated or untreated and includes the liquid wastes produced by bathing, laundry, and culinary operation, and from toilets and floor drains.
Sewage, Raw. Sewage which has not been subjected to any treatment process.
Sexually Oriented Uses. Uses which include a sexually oriented arcade; sexually oriented bookstore, sexually oriented video store, sexually oriented store; sexually oriented cabaret; sexually oriented conversion/rap parlor’ sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented steam room, bath house or sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as “obscene” as defined by M.S. § 617.241, as it may be amended from time to time, are not included.
Specified Anatomical Area. Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernible turgid state, even if opaquely covered.
Specified Sexual Activities. Any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in items 1 through 3 above.
Sexually Oriented Uses, Accessory. The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures, the sale of sexually oriented novelties.
Sexually Oriented Uses, Principal. The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment. Means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented business; or
4. The relocation of any sexually oriented business.
Nude Model Studio. Any place where a person who appears in a state of nudity or displays “specified anatomical area” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or State of Nudity. Described as follows:
1. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or
2. The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually Oriented Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Bookstore, Sexually Oriented Video Store, or Sexually Oriented Store. A commercial establishment which, as a principal business purpose, offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas;” or
2. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Sexually Oriented Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
1. Persons who appear in a state of nudity;
2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or
3. Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Massage Parlor. A massage parlor which excludes minors by reason of age, or which provides, for any form of consideration, the rubbing, striking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Motel. A hotel, motel, or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
Sexually Oriented Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Sauna. A sauna which excludes minors by reason of age, or which provides, for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
Sexually Oriented Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
Shopping Center. A group of commercial establishments built on a site which is planned and developed as an operating unit and typically sharing common space and services such as parking, maintenance, and advertising.
Shore Impact Zone (Shoreland). Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
Shoreland (Shoreland). Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 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 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.
Short-Term Rental. Any dwelling or portion thereof that is available for use or is used for overnight accommodations or lodging to guests for compensation for periods of less than 30 consecutive days.
Sign. The use of any words, numerals, figures, devices, or trademarks by which anything is made known such as are used to show an individual, firm, profession, product, or business, and are visible to the general public.
Site Plan. A plan for the development of a tract of land drawn to scale, including, but not limited to, identifying the proposed uses; the location and dimensions of all proposed structures; public and private streets and roadways on or abutting such tract, parking areas, ground covers; total acreage of the tract, legal description, number of dwelling units, if any; the gross floor area of all buildings and structures; and the graphic scale to which the plan is drawn.
Site Survey. Inspections of an area where work is proposed, to gather information for a design or an estimate to complete the initial tasks required for an outdoor activity.
Sketch Plan. A rough site plan and supportive text depicting the location, general purpose, general type of land use and circulation pattern, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the proposed developer.
Slope. The degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.
Slope, Steep. 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.
Solar Collector. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, mechanical, chemical, or electrical energy.
Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
Solar Energy System. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
Solar Farm. A commercial facility with a generating capacity of more than five megawatts that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the primary land use for the parcel on which it is located.
Solar Garden. A community solar energy system with a generating capacity of less than five megawatts.
Sound Barrier. A structure constructed of sound dampening material intended to reduce the audible noise level between two areas or pieces of property.
State. The State of Minnesota.
Storable Swimming Pool. A swimming pool with nonmetallic, molded polymeric walls or inflatable fabric walls constructed on or above the ground which 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 surface of any floor and the surface of the floor next above it, or, if there is not a floor above it, the space between the floor and the ceiling next above it.
Story, Half. A story with at least two exterior sides meeting a sloping roof not more than two feet above the floor of the story.
Street. A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road, or way.
Street Frontage. The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and a corner lot and through lot have two frontages.
Street Width. The width of the right-of-way, measured at right angles to the centerline of the street.
Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, sheds, detached garages, cabins, manufactured homes, and travel trailers/vehicles.
Structure (Floodplain). 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 subsection 1004.02, Subd. 3.2 and other similar items.
Structure Height. A distance to be measured from the mean ground level to the top of the structure.
Structure (Shoreland). Any building or appurtenance, including decks, except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency.
Structural Alteration. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.
Subdivision. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the division necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use, or any combination thereof.
Subdivision (Shoreland). Land that is divided for the purpose of sale, rent, or lease, including planned unit developments.
Substandard Use (Shoreland). Any use of shoreland in existence prior to the date of enactment of the ordinance from which this chapter is derived (October 29, 1985), which shall be permitted within the applicable zoning districts, but do not meet the minimum lot area, setbacks, or other dimensional requirements of this chapter, shall be considered substandard uses.
Substantial Damage (Floodplain). 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 value of the structure before the damage occurred.
Substantial Improvement (Floodplain). Within 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:
1. 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; or
2. Any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.” For the purpose of this chapter, “historic structure” shall be as defined in 44 C.F.R. § 59.1, as it may be amended from time to time.
Surface, Improved. A surface that is either concrete, asphalt, or made of pavers.
Surface, Semi-Improved. A surface that is gravel, class five gravel, crushed rock, or made of similar composite.
Surface, Unimproved. A surface that is grass, compacted earth, or naturally occurring.
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 conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
Surveyor. A land surveyor registered under state law.
Swimming Pool. Any structure intended for swimming or recreational bathing that contains water over 24 inches at any point or a surface area exceeding 150 square feet. This includes in-ground, above ground and on-ground swimming pools; hot tubs; portable and non-portable spas; and fixed-in-place wading pools.
Taproom. An establishment offering for consumption malt liquor produced in an on-premises or adjacent brewery. M.S. Chapter 340A rules, as they may be amended from time to time, apply.
Temporary Outdoor Seasonal Sales. Sidewalk sales (maximum 14 consecutive days per calendar year), special event sales (maximum 14 consecutive days per calendar year) and the temporary sale of agricultural produce, Christmas trees, fireworks, flowers, food vendors such as ice cream, hot dogs, popcorn stands, and the like, sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city.
Temporary Structure. A structure not permanently erected on a site with a foundation that is used for emergency purposes or used on a construction site for offices and equipment storage during construction of a permanent structure.
Total Height. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.
Toxic and Hazardous Wastes. Waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.
Transit-Oriented Development (TOD). The functional integration of land use and transit via the creation of compact, walkable, mixed-use communities within walking distance of a transit stop or station.
Transit Station. A building or area which serves as a regular stopping place for busses, commuter rail, and/or other forms of urban public transportation.
Transmission Line. Those high capacity conductors generally rated 115 kilovolts and above and associated structures which are used to carry electricity from points of generation to distribution points such as substations and distribution lines.
Tree, Significant. Trees which are healthy, measure a minimum of eight inches in diameter at a distance of 54 inches above ground, and are a minimum of four inches in diameter for conifers.
Tree Canopy, Overstory. With respect to a stand with a forest of more than one story, that portion of the trees forming the upper or uppermost canopy layer.
Tree Canopy, Understory. With respect to a stand with a forest of more than one story, that portion of the trees forming the lower or lowest canopy layer.
Use. The purpose or activity for which land, premises, or a building thereon is designated, arranged, or intended, or for which it is or may be occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.
Variance. A modification of or variation from the provision of this chapter consistent with the state enabling statute for municipalities, as applied to a specific property and granted pursuant to the standards and procedures of this chapter, except that a variance shall not be used for modification of the allowable uses within a district and shall not allow uses that are prohibited.
Variance (Floodplain). A modification of a specific permitted development standard required in an official control including this chapter to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in a community’s respective zoning ordinance.
Vehicle, Commercial. A motor vehicle that meets the following:
1. The vehicle is a dump truck, a step van, a tow-truck, a truck tractor with or without a semi-trailer, a tank truck, a tractor, a bus or coach, a cargo truck, a construction vehicle or equipment, a van or pick-up with a manufacturer’s gross vehicle weight rating (GVWR) of more than one ton; or has a GVWR of 12,000 pounds or more;
2. Commercial equipment has been added to the vehicle such as winches or snowplows;
3. Commercial racks have been added to the vehicle for the purpose of holding equipment or materials;
4. The vehicle is a limousine or taxi; and
5. The vehicle is a trailer loaded with another commercial vehicle or commercial equipment.
Vehicle, Motorized. A vehicle shall include, but is not limited to: any vehicle with a motor/engine, a passenger automobile, van, pickup truck, truck-tractor, converted bus, coach, rig, motorcycle, all-terrain-vehicle, snowmobile, race car, dune buggy, boat, jet-ski, lawn tractor, riding lawn mower, or other deemed a motor vehicle by the City Police Department or Zoning Administrator.
Vehicle, Non-Motorized. A vehicle that is not strictly self-propelled; which includes a semi-trailer, storage trailer, trailer used for carrying motorized vehicles, equipment, or materials, traveler trailer, chassis-mounted camper, converted bus, boat, or other deemed a non-motorized vehicle by the City Police Department or Zoning Administrator.
Veterinary Clinic. A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, effect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.
Waste. Infectious waste, nuclear waste, pathological waste, sewage sludge, solid waste, and hazardous waste.
Waste Facility. Property used for the accumulation, storage, processing, or disposal of waste.
Waste, Hazardous. Any refuse, sludge, or other waste material or combination of refuse, sludge, or other waste materials in solid, semi-solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may:
1. Cause or significantly contribute to an increase in mortality or an increase in serious or irreversible, or incapacitating reversible, illness; or
2. Pose a substantial present or potential hazard to human health or the environment when not properly treated, stored, or transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammable, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended from time to time, being 42 U.S.C. §§ 2011 et seq.
Waste, Infectious. Laboratory waste, blood, regulated body fluids, sharps, and research animal waste that have not been decontaminated.
Waste, Pathological. Human tissue and body parts removed accidentally or during surgery or autopsy intended for disposal. Pathological waste does not include teeth.
Waterbody. A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
Watercourse. A channel or depression through which water flows year-round or intermittently, such as rivers, streams, or creeks.
Watercraft. Any contrivance used or designed for navigation on water.
Wetlands. Lands 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.
Wind Energy Conversion System (WECS). Any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine, and windmill).
Wind Energy System. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls, and may include a tower.
Yard. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.
Yard, Front. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. In the case of a corner lot abutting one or more streets, both yards shall be considered front yards.
Yard, Rear. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
Yard, Required. That distance specified in the yard requirements pertaining to setbacks. “Setbacks” and “required yards” are used interchangeably.
Yard, Side. The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.
Zoning Amendment. A change authorized by the city either in the allowed use within a district or in the boundaries of a district.
Zoning District. An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.
Zoning District, Overlay. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
Zoning District, Underlying (Base). All zoning districts except overlay zoning districts.
Zoning Map. The map or maps incorporated into this chapter as part thereof, designating the zoning districts.