For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE SUBDIVISION. Any subdivision containing not more than two lots fronting on an improved public street, not involving the dedication and/or construction of any new street or road, the extension of municipal facilities or the creation of any public improvements.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
APPLICANT. The owner, his or her agent or person having legal control in land for which the provisions of this chapter are being considered or reviewed.
ATTORNEY. The City Attorney.
BEST MANAGEMENT PRACTICES (BMPS). Best management practices as described in current State Pollution Control Agency's manual and other sources for stormwater management as approved by the city.
BLOCK. The property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad right-of-way or unsubdivided acreage.
BOULEVARD. The portion of the street right-of-way between the curb line or edge of pavement and the property line.
BOUNDARY LINES. Lines indicating the bounds or limits of any tract or parcel of land.
BUFFER STRIP. A linear strip of land along a lake, wetland, river, creek or stormwater ponding area where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater.
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.
BUILD OUT PLAN (GHOST PLAT). A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks and utility systems for oversized lots, outlots or undeveloped land within or adjoining a preliminary plat.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDABLE LAND. Contiguous land area occurring within the property lines of a parcel of lot excluding drainageways, wetlands, watercourses, park land, road rights-of-way and slopes in excess of 18%.
BUILDING LINE. Also referred to as a SETBACK LINE, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities.
CAPITAL IMPROVEMENT PLAN. An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that the improvements will have on the current operating expense of the government and other information on capital improvements as may be pertinent.
CERTIFICATE OF SURVEY. A land survey prepared by a land surveyor registered in the state with a certification that the information on the land survey is accurate.
CITY COUNCIL. The City Council of the City of Cannon Falls.
COMMON INTEREST COMMUNITY or CIC.
(1) Contiguous or non-contiguous real estate within the state that is subject to an instrument which obligates persons owning a separately described parcel of the real estate or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for:
(a) Real estate taxes levied against;
(b) Insurance premiums payable with respect to;
(c) Maintenance of; or
(d) Construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies.
(2) Real estate subject to a master association, regardless of when the master association was formed, shall not collectively constitute a separate common interest community unless so stated in the master declaration recorded against the real estate pursuant to M.S. § 515B.2-121(h)(1), as it may be amended from time to time.
COMMON OPEN SPACE. Any open space including private parks, nature areas, playgrounds, trails and recreational buildings and structures owned in common by a group of property owners.
COMPREHENSIVE PLAN. The City Comprehensive Plan.
CONDOMINIUM. A form of individual ownership within a multi-unit building with joint responsibility for maintenance and repairs. In a CONDOMINIUM, each unit is under separate ownership, along with an undivided share of common buildings and land.
CONSERVATION DEVELOPMENT. The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines.
CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a 20-inch diameter tree has a CRZ with a radius of 20 feet.
DESIGN STANDARDS. The specifications for the preparation of sketch plans, preliminary plats and final plats indicating, among other things, the optimum minimum or maximum dimensions of features such as rights-of-way and blocks, as set forth in this chapter.
DEVELOPER. A person who submits an application for the purpose of land subdivision as defined herein. The DEVELOPER may be the owner or authorized agent of the owner of the land to be subdivided.
DIAMETER. The diameter of a tree measured at diameter breast height four and one-half feet from the uphill side of the existing ground level.
DRAINAGEWAY.
(1) Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a 24-hour rainfall having a recurrence interval of once in five years.
(2) An altered watercourse is that which has been affected by human-made changes in straightening, deepening, narrowing or widening the original channel.
(3) An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a 24-hour rainfall having a recurrence interval of once in five years.
DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or person, for a specific purpose or purposes.
ENGINEER. An engineer employed by the city.
ESCROW. The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this chapter.
FINANCIAL GUARANTEE. A financial security consistent with § 151.165 of this chapter, posted with the city with the approval of a final plat, guaranteeing compliance with the approved final plat, construction plans and conditions of approval set forth by the city.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public street right-of-way.
GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet of horizontal distance measured at the centerline of the street.
HIGH WATER LEVEL. The water level in a watercourse which could be predicted to occur as a result of the critical 100-year runoff event using United States Department of Agriculture Soil Conservation Service methodology, as approved by the city.
IMPROVEMENT, PUBLIC. Any drainage facility, street, parkway, park, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established.
LAND DISTURBANCE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity.
LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership under a single legal description and single tax parcel identification number.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a two-family dwelling, quadraminium or townhome subdivision.
LOT, CORNER. A lot or lots within a plat and situated at the corners thereof so that they are bounded on two sides by streets. This term applies to any lot within the plat at street intersections and bounded on two sides by streets.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot.
LOT, FLAG. A lot whose public right-of-way does not meet the minimum required width. Access is provided by a narrow strip of land or private right-of-way.
LOT LINE. A property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the lot line shall be deemed to be the boundary of the public right-of-way.
LOT, UNIT. Lots created from the subdivisions of a two-family dwelling, quadraminium or townhome having different minimum lot size requirements than the conventional base lots within the zoning district.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the front building setback line, and, if applicable, at the setback line from the ordinary high water level of a lake or tributary.
METES AND BOUNDS. A method of property description by means of their direction and distance from an identifiable point of beginning.
OUTLOT. A parcel of land shown on a subdivision plat as an outlot and identified alphanumerically. OUTLOTS are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer's agreement or other agreement between the city and the developer.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
PEDESTRIAN AND/OR BICYCLE TRAIL. An easement or land dedication given to the city for the purpose of providing public walking and/or bicycling trails to city residents. The trails shall provide recreational opportunity and also access to parks, natural areas and public land in accordance with the city's adopted trail plan.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. § 505, as it may be amended from time to time.
PLAT, PRELIMINARY. The preliminary map or drawing, consistent with the standards of §§ 151.075 through 151.077 of this chapter, indicating the proposed layout of the subdivision to be submitted to the city for their consideration for compliance with the Comprehensive Plan, the zoning regulations and these regulations along with required supporting data.
PROTECTIVE COVENANT. A restriction of the use placed upon the property by a present or former owner and recorded in the office of the County Recorder or the Registrar of Titles. The city will not be responsible to enforce private PROTECTIVE COVENANTS.
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 REGISTERED LAND SURVEY NUMBER.
REGISTERED LAND SURVEYOR. A land surveyor licensed and registered in the state.
RESUBDIVISION. A change in an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved for public use, or any lot line or if it affects any map, or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the right-of-way and not included within the dimensions or areas of the lots or parcels. RIGHT-OF-WAY intended for streets, water main, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which the RIGHT-OF-WAY is established.
RIGHT-OF-WAY WIDTH. The horizontal distance between the outside edges of a right-of-way.
SETBACK. The minimum horizontal distance between a structure, individual sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of bluff, street, highway, property line or other facility.
SHORELAND.
(1) Land located within the following distances from public waters:
(a) One thousand feet from the ordinary high water level of a lake, pond or flowage: and
(b) Three hundred feet from a river or stream or the landward extent of a floodplain designated within the FP, Floodplain Management District established by the zoning regulations on a river or stream, whichever is greater.
(2) The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources.
STREET. A 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, court, way, trail or however otherwise designated. Private, ingress and egress easements shall not be considered STREETS. CITY STREETS shall be categorized by functional classification, as defined by the City Comprehensive Plan.
STREET, CUL-DE-SAC. A local street with only one outlot and having an appropriate terminal for the safe and convenient reversal of traffic movement.
STREET, PRIVATE. One which is not maintained by the city and for which the city is not under obligation to carry out repairs, even though it may be a named street and serve a number of properties.
STREET WIDTH. The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder.
SUBDIVISION. The creation of one or more lots under the provisions of this chapter or any division of an existing lot. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
TREE. Any of the following type of trees, as each is defined herein.
(1) CONIFEROUS TREE. A woody plant which, at maturity, is at least 12 feet or more in height, having foliage on the outermost portion of the branches year round.
(2) DECIDUOUS TREE. A woody plant which, at maturity, is at least 15 feet or more in height, having a defined crown and which sheds leaves annually.
(3) SIGNIFICANT TREE. A healthy tree measuring a minimum of six inches in diameter for deciduous trees or a minimum of 12 feet in height for coniferous trees.
(4) SIGNIFICANT TREE STAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees between four inches and 12 inches or larger in diameter or coniferous trees between four feet and 12 feet or higher in height.
(5) SPECIMEN TREE. A healthy hardwood tree measuring equal to or greater than 30 inches in diameter and/or a coniferous tree measuring 50 feet or greater in height.
TREE CERTIFICATION. A certified inventory of trees on the site before and after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect.
TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The TREE PRESERVATION PLAN shall include the size, species, tag numbers and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved.
VEGETATION, NATIVE. The pre-settlement group of plant species native to the local region, that were not introduced as a result of settlement or subsequent human activity.
WATERCOURSES. Any natural or human-made passageway on the surface of the earth so situated and having a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas and any other open surface water flow which is the result of stormwater or ground water discharge. This term does not include human-made piping systems commonly referred to as storm sewers.
ZONING ADMINISTRATOR. The person duly appointed by the City Council as the individual charged with the responsibility of administering and enforcing this chapter.
ZONING ORDINANCE. The city zoning ordinance, Chapter 152 of the city code, as may be amended, regulating the use of land within the incorporated boundaries of the city.
(Prior Code, § 12-1-12) (Ord. 259, passed 5-4-2006; Ord. 272, passed 3-15-2007)