For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. If a word or term defined in this chapter appears in the text of this chapter, its meaning may be construed as set forth below.
ABUTTING. See “adjacent.”
ACCESSORY ALTERNATIVE ENERGY SYSTEM. A secondary energy system wherein the power generated is used primarily for on-site consumption.
ACCESSORY FEATURE. A landscape design feature, not enclosed, subordinate to, incidental to, and/or serving the principal structure on the same lot. Examples include decorative fences, gazebos, fire pits, etc.
ADJACENT. When referring to adjacent lots or land, adjacent means a lot that shares all or part of a common lot line with another lot. For the purposes of this definition, ADJACENT also includes lots or land separated only by a railroad; utility right-of-way; public street classified as a low-density minor arterial, collector, or local street; or a trail corridor less than 50 feet wide.
ADULT DAY CARE. A facility that is licensed by the State of Minnesota in which care is provided to adults with disabilities or persons who receive supportive person to person assistance.
ALTERNATIVE ENERGY SYSTEM. A wind energy conversion system or a solar energy system.
ANIMAL UNIT. The following animals constitute one animal unit equivalency: one cow, horse, donkey, llama, or burro, or three sheep or emus. Any animal not listed except domestic animals may be considered one animal unit equivalency. Animals are further defined and regulated in other sections of the city code.
ANIMAL, DOMESTIC. A domestic animal is a common house pet which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the city.
ANIMAL, FARM. Animals not typically sheltered within the principal structure throughout the entire year. This includes, but is not limited to, cattle, pigs, sheep, goats, horses, and other animals commonly accepted as farm animals in the State of Minnesota.
ANIMAL SERVICES. Any place where domestic animals are kept for the primary purpose of commercial pet sitting or doggie daycare.
ANTENNA. Any structure or device used for the purpose of collecting or transmitting communication signals. This includes, but is not limited to, directional antennas, such as panels and microwave and satellite dishes, and omni-directional antennas, such as whip antennas.
APPLICANT. The owner, their agent, or representative having interest in land where an application for city review of any permit, use or development is required by this chapter.
APPLICATION. The form and accompanying documentation required by this chapter or by city policy for city review purposes.
ASSEMBLY, BANQUET, CONVENTION HALLS, or CONFERENCE CENTER. A facility available for private rental for private events such as weddings, conferences, or meetings. This definition does not include rental for uses that are open to the public such as night clubs or general parties.
ASSISTED LIVING HOUSING. Housing designed for persons who need assistance with their daily living needs including special support services such as meal preparation, housekeeping, limited medical care, and transportation.
AUCTION LICENSED AUTO DEALER. May sell used motor vehicles belonging to others.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BB or bb. An abbreviation meaning balled and burlapped and used to describe the root treatment of certain plant materials.
BEEKEEPING. The breeding of honeybees in colonies, commonly in hives, to produce honey and other products to pollinate plants or to produce bees for sale to other beekeepers.
BERM. A landscaped mound of earth used to separate incompatible uses, screen offsite views of development, mitigate noise impacts, and create aesthetic interest.
BIORETENTION SYSTEMS. Shallow, landscaped depressions commonly located in parking lot islands or within areas that receive stormwater runoff.
BLACK DIRT (as used for top soil). Organic soils added on top of existing soil that are darker in color and richer in organic materials compared to the existing.
BLUFF. A natural topographic feature having:
(1) A slope that rises at least 25 feet and the grade of the slope averages 1% or greater, measured over a horizontal distance of 25 feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the top of the slope. See Figure 152.105.1; or
Figure 152.105.1 Bluff and Bluff Impact Zone
(2) A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 152.105.2.
Figure 152.105.2 Natural Escarpment and Bluff Impact Zone
BLUFF IMPACT ZONE. A bluff and land located within 20 feet of the bluff. See Figures 152.105.1 and 152.105.2
BODY ART. Physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, branding, body modification and cosmetic tattooing, as regulated by M.S. Chapter 146B and Chapter 123 of this code. This definition does not include practices that are considered part of a medical procedure performed by a state board certified medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures may not be performed in a body art establishment. This definition does not include piercing of the outer perimeter of lobe of the ear using pre-sterilized single use stud and clasp ear piercing system.
BREWERY. A facility that manufactures or produces malt liquor as defined in M.S. § 340A.101, Subd. 16.
BROKER LICENSED AUTO DEALER. May arrange for the sale or lease of new or used motor vehicles.
BUFFER. The use of land, topography, water bodies and vegetation to separate and mitigate the impacts of land uses upon another property.
BUILDABLE AREA. The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setbacks, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level, and other unbuildable areas.
BUILDING. Any structure having a roof supported by columns, walls, or other means of support for the shelter or enclosure of persons or property, and when said structure is divided by party walls without openings, each portion of such building so separated may be deemed a separate building. In sections of this chapter where minimum sized buildings are required, areas which are part of basements, open porches, canopies, awnings, breeze-ways, covered patios, and other similar features are not included in calculating the required building size.
BUILDING HEIGHT. The distance measured from the average proposed ground elevation adjoining the building at the front 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 uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof.
CARE CENTER/CONVALESCENT HOME. Housing for dependent persons including personal nursing care, meal preparation in a common dining hall, hygiene services, laundry, etc.
CALIPER. The diameter of a tree trunk measured six inches above the ground for trees less than four inches in diameter and 12 inches above the ground for trees more than four inches in diameter.
CERTIFICATE OF COMPLIANCE. A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of inspection.
CITY CODE. The 1972 Ordinance Code of the City of Brooklyn Park, as amended from time to time. Also referred to as the Code of Ordinances. This zoning ordinance is a part of the city code.
CLEAR VIEW TRIANGLE. An area around the convergence of two streets or a street and an access driveway where visibility is not impeded.
(1) At the intersection of two streets. The CLEAR VIEW TRIANGLE is an area that begins at the intersection of the projected curb lines of two intersecting streets and is measured back along both streets the distance specified in § 152.1007 and marked with a point. Those points are then connected with a straight line.
(2) At the intersection of an access driveway and a street. The CLEAR VIEW TRIANGLE is an area that begins at the intersection of the projected curb line of the access driveway and the private street or public right-of-way and is measured back along both the street and the access driveway the distance specified in § 152.1007 and marked with a point. Those points are then connected with a straight line.
CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that circulated a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom of a body of water.
CLUB.
(1) An incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which:
(a) Has more than 30 members;
(b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and
(c) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose.
(2) No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
CLUB, SOCIAL. An establishment not included in the definition of “club” that is open to the public or by private membership where the purpose of the establishment is to provide a place for social interaction between patrons.
COCKTAIL ROOM. A facility on or adjacent to the premises of a micro-distillery where the on-sale consumption of distilled spirits produced by the distiller is permitted pursuant to M.S. § 340A.22.
COMMERCIAL INDOOR RECREATIONAL FACILITIES. Private recreational facilities operated for profit and open to members and/or the general public including health centers, tennis and racquetball clubs, indoor swimming pools, video arcades (amusement centers), indoor batting cages, pool halls, and the like.
COMMERCIAL OUTDOOR RECREATIONAL FACILITIES. Private recreational facilities operated for profit and open to members and/or the general public including golf courses and driving ranges, miniature golf, riding stables, skating rinks, outdoor swimming pools, archery or trapshooting ranges, batting cages, softball, baseball, volleyball, soccer, or football facilities, and the like.
COMMERCIAL VEHICLES. A vehicle that meets one or more of the following:
(1) A dump truck, step van, construction vehicle or equipment (bobcats, backhoes and the like), semi-tractor, semitrailer, or trailer, tank truck, tow truck, tractor, bus, cargo truck, or any vehicle that has a registered gross weight of more than 12,000 pounds, except the following:
(a) A vehicle that is used for private, personal, or recreational use; is not defined as a commercial vehicle in division (1) above; and is not altered with commercial equipment, such as a 1-ton pickup truck; or
(b) A properly licensed recreational vehicle or recreational equipment with sole and consistent use for private recreational purposes.
(2) A vehicle that has commercial equipment added to the vehicle such as a snowplow or other externally attached equipment, except recreational vehicles or recreational equipment used only for private, recreational, and residential use;
(3) A limousine or taxi; and
(4) A trailer loaded with a commercial vehicle(s) or commercial equipment.
COMPREHENSIVE PLAN. The long range plan to guide the future growth and development as a formal document, and associated maps, as adopted by the City Council as amended from time to time.
COMMUNITY GARDEN. An area of land that is managed and maintained by a group of individuals to grow and harvest food crops and/or non-food ornamental crops such as flowers for personal or group use, consumption, or donation.
CONCRETE PRECAST PANELS. A material composed of concrete sheets, also commonly referred to as tip-up-tilt-up or poured-in-place panels, etc. For purposes of this chapter, CONCRETE PRECAST PANELS are divided into the following:
(1) ARCHITECTURALLY TEXTURED PANELS. Smooth concrete precast panels, steel form panels, exposed imprint panels (with exposed aggregate), ribbed, grooved, random relief, or the like, with additional colors, removed patterns, and/or graphics like bands, patterns, and geometric designs that are used to add distinctiveness to building.
(2) INDUSTRIAL GRADE PANELS. Panels with the following textures or those deemed similar: raked, corduroy, broomed, or panels exposed aggregate (except exposed imprint panels).
CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic, or water-reactive materials, and those that house occupants who may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correction facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
CURRENCY EXCHANGE. Any business, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. CURRENCY EXCHANGE does not include a business that provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or 1% of the value of the check or draft, whichever is greater.
DAY CARE FACILITIES. A facility that is licensed by the State of Minnesota in which care is provided for children or adults.
DENSITY. The number of dwelling units per acre as regulated by this chapter and the Comprehensive Plan. DENSITY is calculated by dividing the gross acreage of a property excluding wetlands designated by federal and state agencies and those classified by the Wetland Conservation Act, by the number of dwelling units existing or proposed for the property.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations of storage or equipment or materials.
DEVELOPMENT CONTRACT. A legal instrument that defines the representations and obligations of an applicant and the city for the development of property.
DEVELOPMENT PLAN. A document or set of drawings required by the city that depicts elements that contribute to a cohesive planned area or neighborhood.
DISTILLERY. A facility that manufactures or produces distilled spirits as defined in M.S. § 340A.101, Subd. 9.
DISTRIBUTION CENTER. An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.
DWELLING UNIT. One or more rooms designed or intended for occupancy within a building by one family or housekeeping unit with sanitary, culinary, and sleeping facilities separate from those of other units and intended for the exclusive use of a single-family or housekeeping unit.
DWELLING, ATTACHED TWO-FAMILY. A building designed for occupancy by two families or housekeeping units with a physical separation between the two dwelling units.
DWELLING, DETACHED SINGLE-FAMILY. A building surrounded by open space containing one dwelling unit that is not attached to any other dwelling by any means.
DWELLING, MULTIPLE FAMILY. A building designed or intended for occupancy by three or more families or housekeeping units, with separate dwelling units either designed one over another and connected by interior or exterior hallways and/or common entries or as townhouse dwellings.
DWELLING, SENIOR INDEPENDENT LIVING. A residential complex or development that is age restricted to people 55 and older without any on-site or staffed nursing or other types of assistance.
DWELLING, TOWNHOUSE. A single structure consisting of not more than 16 dwelling units each, with no other dwelling or portion of other dwelling directly above or below, with each dwelling unit connected to the other dwelling by a common separation with no opening, except for one unit townhouse structures.
EASEMENT. A grant of one or more of the property rights by the owner, to or for the use by the public, another person, or entity.
ENTERTAINMENT, LIVE. Disc jockeys, live music, comedy performances, theatrical performances, and the like. This definition does not include mixed martial arts or boxing.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ESSENTIAL SERVICES. The utilization, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electricity, steam, fuel, water supply or distribution system(s); sanitary sewage disposal system; including accessory facilities necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare.
EVAPOTRANSPIRATION. Water lost to the atmosphere from the ground surface, evaporation from the capillary fringe of the groundwater table, and the transpiration of groundwater by plants whose roots tap the capillary fringe of the groundwater table.
FAMILY. An individual or two or more persons each related by blood, marriage, or adoptions, including foster children, living together as a single housekeeping unit; or no more than four unrelated persons maintaining a common household and using and maintaining common cooking and kitchen facilities as distinguished from a group occupying a boarding or rooming house, or licensed residential facility.
FARM. A parcel of land having five acres or more which is under cultivation or a parcel ten acres or more which is fenced and used as pasture, or a parcel ten acres or more of any combination. No farm may exceed one animal unit per acre in aggregate.
FARMER'S MARKET. Outdoor sales of fruits, vegetables, meats, honey, flowers, plants, homemade bakery goods, cheeses, soaps, and other similar products.
FARMING AND CULTIVATION OF AGRICULTURAL PRODUCTS. Agricultural and horticultural uses that are not enclosed or covered by a structure.
FINISHED SQUARE FOOTAGE (MINIMUM). The above grade areas of a house that are planned to be completed under the original building permit, excluding garages or other attached accessory buildings, open porches, breezeways, three season rooms, covered patios and the like. All unfinished areas of residential dwellings must be so noted on residential building plans submitted for permit. Finished interior areas of residential buildings must comply with the UBC requirements for finished habitable space and have one or more of the listed materials used on each of the following:
(1) Floors: wood; carpet; tile; rock; brick; linoleum; and similar decorative materials.
(2) Ceilings: sheet rock with paint, texturing, or a similar decorative trim; suspended ceiling systems; tile; heavy timber construction; wood paneling; and similar decorative materials.
(3) Walls: sheet rock with paint, wallpaper, or a similar decorative trim; wood or rock paneling; mirrors; heavy timber construction, brick; and similar decorative materials.
FLOOD. A temporary increase in the flow or stage of a stream, lake, or wetland that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE or FLOODWAY FRINGE. All the land in a flood plain not lying within a delineated floodway. Land within a FLOODWAY FRINGE is subject to inundation by relatively low velocity flows and shallow water depths. The FLOOD FRINGE includes at a minimum, the areas designated as Zone AE on the flood insurance rate map outside of the floodway, except as modified on the zoning overlay map.
FLOOD HAZARD AREA. The flood plain consisting of the floodway, the flood fringe, and/or the general flood plain area.
FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD PLAIN. The areas adjoining a watercourse which has been or hereafter may be covered by a regional flood, as defined in Minn. Rules Chapter 6120, and as shown on the flood insurance rate map where floodway and flood fringe boundaries and/or 100-year flood elevations have not been determined. These areas include areas designated as Zone A on the flood insurance rate map, and Zone AE where a floodway is not shown.
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source (see “flood”).
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream or river. The FLOODWAY, at a minimum, includes the floodway areas shown on the flood insurance rate map and as depicted on the zoning overlay map.
FLOOR AREA, GROSS. The sum of all the floor(s) of a building or structure excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA RATIO (FAR). The gross floor area of all buildings or structures on a lot divided by the area of that lot.
FLUSH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than ten inches above the roof.
FOUNDATION FOOTPRINT. The area of the largest level of a dwelling unit at or near grade as determined by the outside dimensions of a building, excluding attached garages or other attached accessory buildings, decks, patios, three-season porches, etc.
GARAGE. An accessory structure that is primarily used for the parking and storage of vehicles, and storage of goods and equipment owned by the same property owner or resident or the principal structure.
GARAGE SALE. The sale of used personal goods from a private residence or religious institution.
GAS/FUEL TANKS (ABOVE GROUND). A tank used to store fuel used for energy purposes in buildings and structures. This definition does not include portable propane cylinders used with barbeque grills, or the like.
GLARE. The effect produced by the intensity and direction of any artificial illumination sufficient to cause annoyance, discomfort, or temporary loss or impairment of vision.
GREYWATER. Wastewater, containing no fecal matter (human feces), that is generated from domestic activities such as laundry, dishwashing, and bathing and which can be recycled on-site for uses such as landscape irrigation and constructed wetlands.
GREEN ROOFTOPS. Veneers of living vegetation installed atop of buildings that act to manage stormwater by mimicking a variety of hydrologic processes normally associated with open space.
GROUND COVER. Perennial plants that are not classified as noxious weeds as defined elsewhere in the city code, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.
GROUND SOURCE HEAT PUMP 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; 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.
HARDSURFACE COVERAGE. The amount of a lot covered by building, pavement, concrete, or other impervious material.
HEAT ISLAND REDUCTION. Use of vegetative cover to minimize heat islands on hard cover areas and to reduce impact on microclimate and human and wildlife habitat.
HOME OCCUPATION. Any occupation carried out by the occupant of a residential dwelling unit that occurs within the principal or accessory building on the property and does not change the nature of the primary use of the property.
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
IMPERVIOUS SURFACE. The area of a lot, above the ordinary high water level, covered with buildings including all appurtenances, driveways and sidewalks, and similar impervious materials. For the purpose of this chapter, driveways that have a gravel base shall be considered impervious. Decks that allow drainage through the decking and that do not have plastic weed barrier or some other material that would impede drainage into the ground and swimming pool water surface area shall not be considered impervious.
INDOOR SALES OF AUTOMOBILES. All sales and display take place within a building.
INTERSECTION (OF TWO STREETS). The point of intersection is the location where the extended curb lines of two streets meet.
IRRIGATION SYSTEM. A permanent, underground watering system designed to transport and distribute water to landscaped areas of property.
LANDSCAPING. Any combination of living plants, (such as grass, perennials, shrubs, vines, hedges, or trees) and non-living material, (such as rocks, pebbles, mulch, decorative walls, fences, or decorative paving materials) used to enhance the appearance and use of the natural and built environment.
LANDSCAPING, ARID. That combination of living plants, (such as grass, perennials, shrubs, vines, hedges, or trees) and non-living material, (such as rocks, pebbles, mulch, decorative walls, fences, or decorative paving materials) used to enhance the appearance and use of the natural and built environment that is designed for needing no additional irrigation above natural rainfall.
LICENSED RESIDENTIAL FACILITY. A facility where one or more persons reside on a 24- hour per day basis under the care and supervision of a program licensed by the Minnesota Department of Human Services (DHS).
LIVE/WORK UNITS. A habitable structure that allows for a professional office or commercial retail or service use to be operated in the same structure, with the business owner's residence located behind the business use on the ground floor or on the upper floor.
LOADING DOCK. A platform adjacent to a building at which trucks load or unload cargo.
LOT or PARCEL. A portion of land occupied or used, or intended for occupancy or use, for a purpose permitted or conditionally permitted in this chapter and of sufficient size to provide the yards and area required by this chapter.
LOT AREA. The total area within the lot lines of a lot or parcel, excluding any street rights-of-way given by fee dedication.
LOT CORNER. A lot situated at the junction of, and adjacent to two or more intersecting streets.
LOT DEPTH. The average distance between the front lot line and the rear lot line of a lot or parcel.
LOT, DOUBLE FRONTAGE. A lot which is adjacent to two substantially parallel streets and is not a corner lot.
LOT, FRONT. A lot line abutting the right of way of a public street or property or easement line of a private street. On a corner lot, the shortest of the sides abutting the public street shall be the front. If the dimensions of a corner lot are within 10% of being equal, the front lot line shall be that street designated by the owner. Once it has been established, with the address assigned and the principal entrance determined, the front shall not be reversed.
LOT LINE. A line of record bounding a lot that divides one lot from another lot, a public right-of-way, or private street.
LOT, REAR. The boundary of a lot that 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, connecting the side lot lines and parallel to the front lot line.
LOT WIDTH. The distance between the side lot lines as measured along the required front-yard setback.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of 44 CFR, Part 60.3.
LUMINAIRE. A complete lighting unit extending from a support structure consisting of a light source and all necessary mechanical, electrical and decorative parts. The light source, shield and other components do not extend below the cutoff angle for the luminaire. A LUMINAIRE does not include a pole or other support.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. MANUFACTURED HOME does not include the term “recreational vehicle.”
MICRODISTILLERY. A distillery that manufactures or produces distilled spirits not exceeding 40,000 proof gallons in a calendar year.
MISSISSIPPI RIVER CRITICAL AREA. The Mississippi River and adjacent lands in the Twin Cities region were designated a critical area by the State of Minnesota under the Critical Areas Act. Executive Order No. 79-19 established the Mississippi River Critical Area.
MIXED USE DEVELOPMENT. The development of a designated area of land with two or more different land uses.
MOBILE FOOD UNIT. A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service that is readily movable without disassembling, or as defined in M.S. § 157.15, Subd 9.
MODEL HOME. A home which is like others in a new residential development and is temporarily open to regular public inspections for the purpose of selling other homes in the development.
MODIFIED SPLIT ENTRY. A dwelling unit with a front entrance that is midway between the lower level and the upper level. This type of home has a lower level separated by more than three risers or 24 inches of height difference below the front entry elevation and will not be counted towards the minimum square footage requirements of the home.
MODIFIED TWO STORY. A dwelling unit which has some part of the building that is a minimum of a full two stories in height at, or above the front entry elevation. Not all parts of the home will be a full two stories (or more) in height. There may be a lower level separated by no more than three risers or 24 inches of height difference above or below the front entry elevation that may be counted towards the minimum square footage of the home.
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.
MOTOR HOME. A vehicle that provides temporary living quarters and is self-propelled or capable of being towed on public roads. Temporary living quarters within this definition mean:
(1) The vehicle is not used as a residence on private property in this city;
(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; and
(3) The vehicle is not a junk vehicle defined elsewhere in the city code.
NATIVE SPECIES. Plants that are indigenous to a particular region. Plants are considered native if they were present at the time of the public land survey (1847-1907) that was conducted before and during the early stages of European settlement.
NATURAL AREA. A designated area within a neighborhood development plan where limited human activity is planned and uses are of an undeveloped nature. Examples of natural areas include but are not limited to parks, gardens, recreational uses, trails, nature areas, and open space.
NEIGHBORHOOD COMMERCIAL. Limited commercial areas that provide compact centers for retail sales and services to adjacent neighborhoods.
NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of § 152.801.
NIGHTCLUB. An assembly use engaged in the sale of alcoholic beverages for consumption on the premises within a building, facility, room, or portion thereof containing a stage used for live or recorded music and with minimal or no seating. Providing entertainment is the predominant attraction during business hours open to the public and an entrance fee is typically charged.
NON-CONFORMITIES. Any land use, site, structure, building, lot of record, or sign legally established prior to the effective date of this chapter or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this chapter.
NON-PASSENGER VEHICLE or EQUIPMENT. A recreational vehicle or equipment that is not self-propelled or cannot receive a vehicle license. This definition does not include junk vehicles as defined elsewhere in the city code.
NURSING HOME. A state licensed facility used to provide care for aged or infirm persons who require nursing and personal care and related services in accordance with state regulations. A NURSING HOME may be a residential healthcare facility, an intermediate care facility, or a long-term care facility.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain that 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.
OFFICE. Services that are predominantly administrative, professional and/or clerical in nature and conducted within a building or part of a building.
ONE HUNDRED YEAR FLOOD PLAIN. Lands that are inundated by a regional flood.
OPEN SPACE. An area of land that does not contain any buildings except those constructed for recreational or gardening purposes, and is intended for environmental, scenic, or recreational purposes.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of water basins, watercourses, public waters, and public waters wetlands, and:
(1) The
OHWL is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;
(2) For watercourses, the
OHWL is the elevation of the top of the bank of the channel; and
(3) For reservoirs and flowages, the
OHWL is the operating elevation of the normal summer pool.
ORNAMENTAL TREE. A self-supporting woody plant or species normally growing to a mature height of at least ten feet but no more than 20 feet.
OUTDOOR SALES AND DISPLAY. An outdoor area designated for sales and display of product carried by the primary business.
OUTDOOR STORAGE. Storage of any property not fully enclosed in a building.
OUTLOT. An unbuildable lot that must be replatted into a lot of record before a building permit can be issued to the property.
OVERLAY DISTRICT. A zoning district applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district.
OVERSTORY TREE. A self-supporting woody plant or species normally growing to a mature height of at least 20 feet.
PARK, ACTIVE. A park with structures or designated areas for formal recreation activities. Examples of active park areas include but are not limited to golf courses, ballfields, and playgrounds.
PARK, PASSIVE. A park or designated area where limited human activity is planned and uses are of an undeveloped nature. Examples of passive park areas include but are not limited to largely undeveloped parks, gardens, trails, nature areas, and open space.
PARK, PRIVATE. A recreation area, either passive or active, owned and operated by a private group, most commonly a homeowner's association or multiple dwelling tenants.
PARK, PUBLIC. A recreation area, either passive or active, owned or operated by the city, county, state, or another governmental unit.
PARK AND RIDE FACILITY. A parking area used for passenger vehicle storage by persons who travel by mass transit facilities or share rides to other locations.
PARKING AREA. A designated portion of a lot used for the temporary storage of motor vehicles on a surface improved by pavement. This definition does not include private residential driveways.
PARKING SPACE. A storage area for a vehicle that has means of access to a public or private street and has an impermeable surface.
PARKING IN RESERVE. Proof on an approved site plan that additional land for parking has been set aside for which construction may be required should conditions warrant as determined by the City Manager.
PAWNSHOP. A business that lends money on deposit or pledge of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or that lends money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged.
PERVIOUS PAVEMENT. A paving system that allows water to infiltrate through the pavement to accurately reflect the predevelopment hydrologic cycle and includes, but is not limited to, porous concrete, porous asphalt, porous pavers, open jointed paving blocks, and open cell paving blocks.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
PLANNED UNIT DEVELOPMENT. A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and an organized phasing of development over an amount of time agreed upon by the developer and the city.
PUBLIC & UTILITY FACILITIES. Government and utility facilities and structures, i.e., maintenance buildings, water towers, pumping and lift stations, electrical substations, government buildings, mass transit facilities, and minor cable TV facilities.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the public. For this chapter, commercial wireless telecommunication service facilities may not be considered public utility uses and are defined separately.
RAIN GARDENS/BIORETENTION SYSTEMS. Shallow landscaped depressions commonly located in parking lot islands or adjacent to land cover areas that receive stormwater and filter the runoff or allow it to infiltrate in the soil bed.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL EQUIPMENT. Recreational equipment which does not meet the definition for a vehicle in the city code, including, but not limited to, boats, pull-behind trailers or campers, ice fishing structures, personal watercraft, and other similar uses that do not necessarily remain on the property during the entire calendar year. This term does not include semi-tractor trailers or other trailers over 15 feet, junk vehicles as defined elsewhere in the city code, detached snow plowing equipment, or swing sets, trampolines, and other private outdoor recreational equipment.
RECREATIONAL EQUIPMENT, PRIVATE OUTDOOR. Private swimming pools, hot tubs, tennis courts, trampolines, swing sets, other large play equipment, and other similar equipment if it is designed for outdoor use and used solely for the private enjoyment of the resident.
RECREATIONAL VEHICLE. Non-commercial vehicles used for private recreational purposes, including motor homes, campers, dirt bikes, motor-cross cycles, snowmobiles, go-carts, vehicles that are not registered for operation on public rights-of-way, and similar vehicles. This may not include junk vehicles as defined elsewhere in the city code.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term "base flood" used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
RELIGIOUS INSTITUTION. A building or campus in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
RESTAURANT, BREWPUB. An establishment that serves food and hold an intoxicating liquor license and produces in whole or in part beer and/or malt liquor on the premise.
RESTAURANT, CLASS I. An establishment that serves food and is eligible for a 3.2 non-intoxicating beer and wine license without a cover charge.
RESTAURANT, CLASS II. An establishment that serves food and is eligible for an intoxicating liquor license without a cover charge.
RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready to consume state for consumption:
(1) Within the restaurant building;
(2) Within a motor vehicle parked on the premises; or
(3) Off the premises as carryout orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in paper, plastic or other disposable containers.
RESTAURANT, TAPROOM. An establishment that serves beer or malt liquor in accordance with M.S. § 340A.301, Subd. 6b, as amended from time to time.
RESIDENTIAL WIND TURBINE. A wind turbine of ten-kilowatt (kW) nameplate generating capacity or less.
RETAIL BUSINESS. 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 vertical or nearly vertical structure constructed of mortar and rubble masonry, rock or stone regardless of size, vertical timber pilings horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, sidewalk, trail corridor of at least 50 feet, snow storage, highway, railroad, transmission cable, pipeline, landscaping, and utility structures.
SCHOOL. A public or private elementary, middle, secondary, post-secondary, or vocation school having a course of instruction approved by the Minnesota Board of Education.
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.
SEAMLESS METAL PANELS. Smooth, prefinished, architectural metal panels without seams or joints that protrude from the surface. This term excludes textured metal, standing seam, pole or "butler building" metals, any kind of corrugated panel, or metal siding that is residential in appearance or quality.
SEASONAL (TEMPORARY) GARDEN CENTER. A retail use for the sale of primarily plants and other related garden materials such as flowerpots, seeds, garden tools, and landscape rock and mulch.
SEASONAL (TEMPORARY) GREENHOUSE. A temporary structure, commonly with glass or durable plastic walls and roof, designed for the cultivation or exhibition of plants under controlled conditions during the spring and summer seasons.
SENIOR MULTIPLE FAMILY DWELLINGS. Those multiple family dwellings marketed to and predominately occupied by persons 70 years of age or older.
SERVICE BUSINESS. An establishment primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places; personal, business, repair, and amusement services; health, legal engineering, and other professional services; educational services; membership organizations; and other miscellaneous services and sales of such goods incidental to the service.
SETBACK. The required minimum space between property lines and buildings, structures, accessory uses, or other features as specifically set forth in this chapter.
(1) FRONT. The area extending the full width of the lot between the public right-of-way from which the dwelling is addressed, and a distance specified by the applicable district. FRONT SETBACKS are measured in feet from the property line.
(2) REAR. The area between the rear lot line and the rear setback line. REAR SETBACKS are measured in feet from the property line.
(3) SIDE. The area between the side lot line and the side setback line, bounded by the front yard and rear yard. SIDE SETBACKS are measured in feet from the property line.
SEXUALLY ORIENTED BUSINESS. Any one of a number of establishments which offers goods and/or services for sale or rent of a sexual or titillating nature as its primary business and which excludes minors by virtue of age. This may include, but is not limited to bookstores, car washes, entertainment centers, modeling studios, motion picture theaters, cabaret/nightclubs, video rental, etc.
SHORELINE. An area 40 feet wide as measured above the ordinary high water level on both sides of the Mississippi River.
SIGN. All structures, either stationary or movable, containing writing, announcement, declaration, demonstration, display, illustration, insignia, or illumination used to advertise or promote the interest of any person when the same is displayed outside. Signs are further defined and regulated in Chapter 150.
SITE PLAN. A document or group of documents containing text, drawings to scale, maps, photographs, and other materials intended to present existing and proposed conditions of property development, including topography, vegetation, wetlands, ingress/egress, parking, grading, drainage, utilities, landscaping, buildings, signs, lighting, and other information as may be reasonably required.
SLOPE. The change in elevation on the land. For the purposes of the Critical Area Overlay District, land with a slope of 12% or greater is regulated. A 12% slope means that for every eight feet of horizontal distance, the elevation changes by at least one foot.
SMALL WIND TURBINE. A wind turbine of 100 kW nameplate generating capacity or less.
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.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with “one hundred year flood plain.”
SPLIT LEVEL. A single-family dwelling unit that is almost entirely a full one-and-a-half stories in height at or above the front entry elevation.
STAGING AREA. An unobstructed paved surface area provided and maintained for the temporary parking, unloading, and maneuvering of commercial vehicles incidental and related to the principal permitted use of the property.
START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STEALTH DESIGN. State-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the visual impact as much as reasonably possible. Examples of stealth design techniques include, but are not limited to architecturally screening roof-mounted antennas and accessory equipment; integrating telecommunications facilities into architectural elements; nestling telecommunications facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the telecommunications facilities; and designing telecommunications towers to appear other than as towers, such as light poles, power poles, flag poles, and trees.
STORAGE. For the purpose of this chapter storage shall have the meaning of storing, locating, or parking. STORAGE does not include current property maintenance activities occurring on the property. STORAGE does not include temporary parking or vehicles in a staging area.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story must be that portion of the building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, as defined in this chapter, is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, then the basement counts as a story.
STREET. A thoroughfare, either owned publicly or privately, and accompanying boulevard located between right-of-way or property lines used or intended to be used for passage or travel by vehicles, pedestrians, bicyclists, and related maintenance activities. Streets may be local, collector, or arterials as defined by the Comprehensive Plan.
STREETS, 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 city's Comprehensive Plan.
STREETS, COLLECTOR. A type of road that functions to provide connections between neighborhoods and from neighborhoods to areas with concentrations of businesses. They typically have lower traffic volumes and speeds than arterials, but higher volumes and speeds than local roads. 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). Examples of major collectors include Candlewood Drive, Regent Avenue, and West River Road. Examples of minor collectors are Pearson Parkway, Lad Parkway, and Northland Drive. The roadway classification system is further defined and illustrated in the city's Transportation Plan.
STREETS, LOCAL. 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 collectors or arterials. The roadway classification system is further defined and illustrated in the city's Transportation Plan.
STREET TREES. Trees planted or growing on public easements (public right-of-way and public use), parks and public buildings grounds.
STRUCTURE. A material or combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
STRUCTURE, ACCESSORY. A structure subordinate to, incidental to, and/or serving the principal structure on the same lot. Examples include garages (attached or detached), greenhouses, ice-fishing shacks, storage sheds, etc.
STRUCTURE, PRINCIPLE. The main structure on a parcel of land designed to house the principle use.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. 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, which 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 CFR, Part 59.1.
TAPROOM. A facility on or adjacent to the premises of a brewery where the on-sale consumption of malt liquor produced by the brewer is permitted pursuant to M.S. § 340A.301, Subd. 6b.
TELECOMMUNICATIONS FACILITIES. Includes antennas, accessory equipment, and telecommunications towers.
TELECOMMUNICATIONS TOWER or COMMERCIAL TOWER. A free-standing, self-supporting lattice, guyed, or monopole structure constructed from grade intended to support antennas, except towers used for amateur radio operations.
TEMPORARY PORTABLE STORAGE CONTAINERS. An enclosed portable storage container placed on a residential property for temporary use.
THREE SEASON PORCH. A roofed and enclosed porch, deck, or similar space with windows that is not heated.
TOWER. Any ground or roof mounted pole, spire, structure, or combination taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, wind turbine, or similar apparatus above grade.
TOWNHOUSE. A single-family dwelling in a row of similar units. Such dwellings are constructed as slab-on-grade with no basement and may be detached or attached, each with its own front and rear entrance. Each dwelling extends from the foundation to the roof with units not stacked.
TRAILER. A vehicle that is an open-bed style trailer, enclosed trailer, or trailer as defined in M.S. § 169.01, as amended from time to time, or any machine or equipment designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property or pull machinery. A trailer by this definition does not include a semi-tractor trailer, “commercial vehicle” as defined in this chapter, or a trailer with a registered gross weight over 12,000 pounds.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling, or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days. The term TRANSIENT MERCHANT does not apply to “mobile food unit,” as defined in § 114.03 and this section.
TRANSIENT SALES. The informal or temporary sale of items, such as rugs, Christmas trees, flowers and plants, pumpkins, and fruit and beverages, by persons other than the owner or occupant of the premises.
TRANSPORTATION PLAN. A chapter or element of the Comprehensive Plan, as amended from time to time, that describes the existing and planned transportation related facilities and policies of the city.
TRUCK or MOTOR FREIGHT TERMINAL. A loading dock facility allowing truck freight operators to redistribute loads of their truck fleets at an intermediate transfer point. These facilities are primarily used for staging loads and possess very little, if any, indoor storage area.
TWO STORY. A single-family dwelling unit which is almost entirely a full two stories in height at or above the front entry elevation.
USE. The purpose or activity for which a property or structure is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and incidental to such principal use.
USE, CONDITIONAL. A use that may be allowed in a particular zoning district only upon demonstration that the use and its operation will be compatible with the surrounding area and will comply with all standards of this chapter. The city may impose additional conditions above those specified in this chapter in specific instances to protect the public health, safety or welfare and to ensure compatibility with the surrounding area.
USE, INTERIM. A use of property that is consistent with the city's comprehensive plan and zoning ordinance, which may exist temporarily until a particular date or until an occurrence of a particular event deemed by the City Council.
USE, PERMITTED. Any use that is allowed by this chapter and subject to the restrictions of the zoning district and this chapter.
USE, PRINCIPLE. The main use of land or buildings as distinguished from accessory uses.
UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate generating capacity.
VEHICLE. Any vehicle, motor vehicle, semitrailer, or trailer as those terms are defined in M.S. § 169.01, as it may also be amended from time to time, including pioneer, classic collector, and street rod vehicles. It also includes, without limitation, automobile, truck, trailer, motorcycle, and tractor.
VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically.
WETLAND. Land 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, as defined in M.S. § 103G.005
WHOLESALE LICENSE AUTO DEALER. May sell vehicles to licensed dealers only with no outdoor display or any storage on site.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.
WIRELESS COMMUNICATION SERVICE PROVIDER. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
XERISCAPING. A landscaping method that uses plants that have low water requirements, making them able to withstand extended periods of drought without irrigation. Xeriscaping landscapes are a conscious attempt to develop plantings which are compatible with the environment and make a conscious effort to minimize use of water.
YARD. An open space unobstructed from the ground upward except for landscape materials and minor fixtures of a non-structural nature commonly found in a yard. The front yard, side yard and rear yard shall have the following meanings:
(1) YARD, FRONT. The area between the front lot line and a line drawn along the front face or faces of the principal structure on the property and extended to the side property lines. Where a lawful existing garage is located closer to the front lot line than the principal structure, the front yard is the area between the front lot line and a line drawn along the front face or faces of the principal structure to the perpendicular line following the accessory structure to the front face of the accessory structure and extended to the side property line. For properties where the front yard definition is not applicable, the city will determine the front yard area.
(2) YARD, REAR. The area between the rear lot line and the closest portion of the principal structure and abutting the side and front yard.
(3) YARD, SIDE. The area extending from the front yard to the rear yard along a side lot line measured perpendicularly from the side lot line to the closest point of a structure.
ZERO LOT LINE. A setback where one or more of building's sides rests directly on a lot line and shares a common wall with one or more buildings.
ZONING DISTRICT, UNDERLYING. The official district supporting and further regulated by a zoning overlay district.
ZONING MAP. The official map that is part of this chapter and delineates the geographic boundaries of zoning districts.
ZONING ORDINANCE AMENDMENT. A text change to this chapter or a map change to the official zoning or zoning overlay map that the City Council has authorized.
ZONING OVERLAY MAP. The official map that is part of this chapter and delineates the geographic boundaries of zoning overlay districts.
(Ord. 2024-1304, passed 7-29-24)