Any words not defined in this section shall have the meanings given them in Merriam-Webster’s Collegiate Dictionary, Eleventh Edition or most recent edition. The following words and terms, whenever they occur in this chapter are defined as follows:
ABUTTING. Making contact with or separated only by a public thoroughfare, railroad, public utility right-of-way or navigable waters.
ACCESSIBLE PARKING. A space reserved exclusively for an automobile registered with a state with handicapped license plates or displaying an official city or state-issued handicapped placard.
ACCESSORY STRUCTURE. A structure of secondary or subordinate use to the principal structure, located on the same parcel.
ACCESSORY USE. A use subordinate to and serving the principal use on the same parcel, which is compatible with and customarily incidental to the principal use.
ADAPTIVE REUSE. Rehabilitation or renovation of existing buildings or structures for uses other than the current ones.
ADDITION. A physical enlargement of an existing structure.
ADJACENT PARCELS. Parcels of land that are touching at a minimum of a single point or are separated only by a public road, railroad, trail or similar right-of-way.
ADMINISTRATIVE SPECIAL USE PERMIT. A permit that can be issued by the Department.
AGRICULTURAL AREA. Large contiguous land areas planned and zoned to maintain agriculture as the primary land use.
AGRICULTURAL BUILDING. Any structure located on a parcel of 20 acres or more that is used exclusively for agricultural purposes and is not subject to State Building Code.
AGRICULTURAL PRESERVE PROGRAM (AG. PRESERVE). The program governed by M.S. Chapter 473H, as amended from time to time, that is designed to value and tax qualifying agricultural property in the metropolitan area, in a manner similar to out-state Minnesota. In addition to a tax benefit, this program also places some restrictive land use covenants on the subject property.
AGRICULTURAL PRODUCTION LAND. Land that has been tilled and utilized for growing of row crops, hay, forage, vegetables, fruits or similar purposes for the majority of the past ten years. Land that is entered in a state or federal program where there is reimbursement for maintaining the land out of production shall be considered production land for the purposes of enforcing these regulations.
AGRICULTURE. The principal use of a parcel of land of 20 acres or more for any one or combination of the following activities:
(1) The production and storage of fruits, vegetables, herbs, floriculture, grains, seeds, trees, forage, cider, maple sap, honey or other crops;
(2) The keeping, raising, feeding, breeding, or production of animals whether on range, pasture, or feedlot (cattle, sheep, hogs, poultry, ostriches, emus, alpaca, farmed elk, farmed deer, farmed buffalo and the like); or
(3) Dairying.
AGRI-TOURISM. Any agricultural, horticultural or agri-business activity that allows organizations or members of the general public, for the purpose of recreational entertainment, education or active involvement to view, enjoy, or participate in rural activities of a farm or farm related operation. An activity is an agri-tourism activity whether or not the individual pays to participate in the activity.
AIRPORT or HELIPORT. Any land, water, or structure which is used or intended for use for the landing and takeoff of aircraft and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.
ANIMAL AGRICULTURE. The keeping, raising, feeding, breeding, dairying or production of livestock or animals whether on range, pasture, or feedlot.
ANIMAL UNIT. Refer to the feedlot management regulations, Chapter 54 of this code of ordinances. Animals such as dogs, cats or other animals customarily kept as pets shall not be considered animal units for purposes of this chapter provided they are being kept as pets.
APPLICANT. The owners, their agent or person having legal control, ownership and/or interest in land for which the provisions of this chapter are being considered or reviewed.
BACKYARD COMPOST SITE. A site used to compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single-family or household, apartment building, or single commercial office, a member of which is the owner, occupant, or lessee of the property.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION. The elevation of the REGIONAL FLOOD. The term BASE FLOOD ELEVATION is used in the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having more than half of its floor below ground, regardless of the depth of excavation below ground level.
BERM. A natural or man-made earthen mound, hill or embankment typically utilized for screening, drainage diversion or landscaping.
BILLBOARD. See SIGN-ADVERTISING.
BIOMASS. Organic materials used as energy production sources such as wood, crops, and animal waste.
BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics:
(1) The slope rises at least 25 feet; and
(2) The grade of the slope from the toe of the bluff to the top of the bluff averages 30% or greater, except that an area with an average slope of less than 18% of a distance of at least 50 feet shall not be considered part of the bluff.
BLUFF-ACTIVELY ERODING. A bluff with a visibly unstable slope including, but not limited to, slopes that are substantially devoid of vegetation, evidence of cracks, gullies or washouts in the soil, trees that are tipping or that have curved trunks, or are determined to be actively eroding by the Soil and Water Conservation District.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BLUFF “TOE”. The toe is a point on the lower part of a 50-foot segment where the average slope levels off to 18% or less.
BLUFF “TOP”. The top of a bluff is a point on the upper part of a 50-foot segment where the average slope levels off to 18% or less.
BOARD OF ADJUSTMENT. The Carver County Board of Adjustment established under provisions of this chapter.
BOATHOUSE. A facility as defined by M.S. §103G.245.
BUFFER. A vegetative feature as defined by M.S. §103F.48.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ELIGIBILITY. The eligibility to apply for and be issued a building permit for a single- family home under the provisions of this chapter.
BUILDING HEIGHT. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above lowest grade;
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in division (1) above is more than ten feet above lowest grade; or
(3) The height of a stepped or terraced building is the maximum height of any segment of the building.
BUILDING SITE. A parcel of land exclusive of easement and setback requirements with the following characteristics:
(1) One acre in size with no dimension less than 30 feet;
(2) Slope of 18% or less;
(3) One foot above any known flood elevation or any nearby source of flooding; and
(4) A minimum of 12 inches of original soil separation between the periodically saturated soil or other limiting factor and the surface of the soil. This separation shall be demonstrated by the submission of soil borings, from a licensed SSTS designer identifying both a primary and alternate SSTS site as required in Chapter 52. The areas identified for on-site sewage treatment sites may be included in the area utilized to obtain the one-acre minimum building site.
BUSINESS. Any occupation, employment or enterprise wherein merchandise, or associated equipment is exhibited, stored or sold, or where services are offered for compensation.
CARPORT. An accessory structure typically for a vehicle having one or more open sides.
CARTWAY. A township road less than 66 feet in width, and declared and accepted as a public cartway by resolution of the Town Board of Supervisors.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes including columbariums, mausoleums and services uses necessary to operate.
CERTIFICATE OF ZONING COMPLIANCE. A certificate issued by the Department stating the subject request complies with all requirements of this chapter. This certificate is required for any structure subject to State Building Code, any structure or use requiring an administrative permit, or for any structure or use when requested by a landowner for their property.
CHURCH. A building together with its accessory buildings and uses where persons regularly assemble for a religious service and which buildings and uses are maintained and controlled by an organized group for public worship.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying annual dues, use of premises and/or buildings being restricted to members and their guests.
CO-LOCATION. Placement of two or more wireless telecommunications providers on a single tower or other structure.
COMMERCIAL KENNEL. A place where three or more dogs or cats over the age of four months are kept for sale, breeding for sale, boarding for pay, or training for pay on an ongoing basis.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.The principal or accessory use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMMISSION. The Carver County Planning Commission.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
COMPREHENSIVE PLAN. The document entitled Carver County/Townships Comprehensive Plan adopted pursuant to M.S. § 473.864 and M.S. § 394.21 and all amendments thereto.
CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that (1) certain conditions as detailed in the zoning code exists, and (2) the use or development conforms to the comprehensive land use plan of the county, and (3) is compatible with the existing neighborhood.
CONDITIONAL USE PERMIT (CUP). A permit specifically and individually ordered by the County Board after recommendation thereon pursuant to the provisions of this chapter.
CONTIGUOUS. Parcels of land that have a common lot line or boundary. Parcels that only touch at a single point or are separated by a public road, railroad, trail or similar right-of-way shall not be considered CONTIGUOUS.
CONTRACTOR. A person whose business is contracting work in any of the building or construction trades including directly related fabrication, landscaping, road building, general construction, SSTS installation, or who has two or more trucks used for hauling or transport or to supply a property maintenance service.
CONTRACTOR’S YARD. A site used for the storage and maintenance of vehicles, equipment or supplies used by a contractor in the operation of the business.
CONTROLLED ACCESS LOT. A lot used to access public waters or as a recreation area for owners of nonriparion lots within the same subdivision containing the controlled access lot.
COUNTY BOARD. The Carver County Board of Commissioners or Board.
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 that may be insufficiently mobile to avoid loss of life or injury. Examples of CRITICAL FACILITIES include hospitals, correctional 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.
DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise regularly 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 school, daytime activity centers, day treatment programs, and day services.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.
DEMOLITION DEBRIS. Refer to the solid waste management regulations, Chapter 50 of this code of ordinances.
DEMOLITION LAND DISPOSAL FACILITY. An area of land used for the disposal of demolition debris.
DEPARTMENT. The Land Management Department, formerly known as Planning and Zoning.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DWELLING UNIT. A building or single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, occupied or intended to be occupied for residential purposes by a single family, but not including motels, hotels, nursing homes, boarding houses, trailers, tents or cabins. All dwellings, including manufactured homes, shall have a minimum of at least 480 square feet and a minimum width of 20 feet.
EARTH SHELTERED STRUCTURE. A structure designed and constructed so that more than 50% of the exterior surface area of the building, excluding roofs, garages or other accessory buildings, is covered with earth and the building code standards are complied with. Partially completed buildings shall not be considered “earth-sheltered.”
EASEMENT. The right to use the land of another owner for a specified use. An EASEMENT may be granted for the purpose of constructing and maintaining walkways, roadways, subsurface sewage treatment systems, utilities, drainage, driveway, and other uses.
EASEMENT - CONSERVATION. A legal agreement creating an interest in real property created in a manner to impose limitations or affirmative obligations regarding the use of property including the retention, protection, and maintenance of open space.
ENERGY PRODUCTION. A site or facility where the primary function is focused on obtaining sources of energy from natural resources.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodplain boundaries so that the floodplain lands on both sides of the stream are capable of conveying a proportionate share of the flood flows.
EQUESTRIAN FACILITY. Building and or structures being utilized for or by riding academies, stables, personal riding arenas and or similar uses.
EQUESTRIAN FACILITY - PERSONAL. A structure utilized by a private individual or family for the purpose of riding, training or exercising equine.
EQUESTRIAN FACILITY - PUBLIC/COMMERCIAL. A combination of land and structures used for boarding or keeping for pay three or more horses and/or for the purpose of giving instructions in riding and horsemanship for pay, training of horses other than the owner’s and the breeding of racing and show stock.
ESSENTIAL SERVICE. Public, quasi-public, limited private uses, and uses that serve a community purpose such as utilities, transportation, government operations, communication, energy production, water management, waste treatment or disposal, public parks and similar uses that serve a public need, or are deemed beneficial or essential to the public health and safety, welfare, or serving a public good of the community as determined by the County Board.
FAMILY. An individual or two or more persons each related by blood, marriage, or adoption living together as a single housekeeping unit or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities.
FARM. A parcel of land which is 20 acres or more in size, utilized as a single economic unit for the purpose of conducting agriculture as the principal use of the land.
FARM FENCE. A fence as defined by M.S. § 344.02, subds. 1(a) through (d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flow, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FEEDLOT, (NEW) ANIMAL. An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of three years or more.
FEEDLOT, (EXISTING) ANIMAL. An animal feedlot that has registered, pursuant to Minn. Rule 7020.0350 and/or has registered with Carver County Environmental Services prior to July 7, 2003.
FENCE. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.
FIELD ACCESS DRIVE. An access to a public road used exclusively for the movement of farm vehicles and equipment onto a field for the purposes of tiling, planting, cultivation, harvesting, or the application of pesticide, herbicide, fertilizer, or similar activity.
FLOOD. 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 FREQUENCY. The average frequency statistically determined for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the special flood hazard area (1% annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for Carver County, Minnesota.
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 PRONE AREA. Any land susceptible to being inundated by water from any source.
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.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flooding damages.
FLOODWAY. 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 – GROSS. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings except that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space.
FLOOR AREA – PARKING. For the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimension of the buildings, structure or use times the number of floors minus 10%, except as required in § 152.038 of this chapter.
FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which the building or buildings are located.
GARAGE. A detached or attached accessory building or carport which is used primarily for non-commercial vehicles and personal equipment.
GARAGE SALE. Any display of used goods and/or salesman samples and sale of the goods on a property customarily used as a residence, the persons conducting the sale being residents of the property.
GEOTHERMAL 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; 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.
HOME OCCUPATION. An occupation or profession that is carried on in a dwelling unit by a member of the family that is a resident thereof, provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.
HORSE STABLES AND RIDING ACADEMIES. See EQUESTRIAN FACILITY.
IMPERVIOUS SURFACE. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces.
INSTITUTIONAL USE. A use that is primarily religious, governmental, educational, social or healthcare facilities.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
INTERIM USE PERMIT (IUP). An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
LAND RECLAMATION. Depositing 400 cubic yards or more of material to elevate the grade or substantially change the topography.
LANDSCAPING. Planting of trees, grass, ground cover, shrubs, and screening, including the use of rock and timbers.
LIGHT MANUFACTURING. The processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which would disturb or endanger neighboring properties. This does not include bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.
LIVESTOCK. Any animals, including but not limited to cattle, swine, sheep, poultry, fowl, or other animals except dogs, cats and birds owned by the resident of a premises and kept as pets.
LOADING BERTH. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise.
LONG TERM AGRICULTURAL LAND (LTA). USDA Soil Conservation Service Agricultural Capability Class 1, 2, and 3 land that is utilized as PRODUCTION LAND as defined by this chapter.
LOT. A parcel of land designated by metes and bounds, registered land survey, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation thereof. In all cases, a road shall be considered a property line.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road.
LOT–CORNER. A lot situated at the intersection of two streets.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of the lot measured in the general direction of the side lot lines.
LOT LINE. A property line bounding a lot except that where any portion of a lot extends into or abuts the public right-of-way or a proposed public right-of-way, the nearest line of the public right-of-way shall be the LOT LINE for applying this chapter.
LOT LINE–FRONT. Generally the road right-of-way line.
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 connecting the side lot lines and parallel to the front lot line.
LOT LINE–SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office in the Registrar of Deeds or Registrar of Titles; or a parcel of land for which the deed or agreement to convey was recorded in the office of the Registrar of Deeds or Registrar of Titles prior to July 1, 1974.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the location of the front yard setback and at the ordinary high water level.
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 so as to render the structure in violation of the applicable non-elevation design requirements of 44 C.F.R. § 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under M.S. §§ 327.31 to 327.35, the Manufactured Home Building Code, as it may be amended from time to time. The term MANUFACTURED HOME does not include the term RECREATIONAL CAMPING VEHICLE.
METES AND BOUNDS. A method of property description by means of their direction and distance from an identifiable point of beginning.
MINING. The extraction of sand, gravel or other materials from the land in the amount of 10,000 cubic yards or more. The removal of material incidental to construction for a permitted or conditional use, or for highway or drainage purposes shall not be considered MINING.
MINNESOTA STATE BUILDING CODE. (add definition and refer to Chap. 150)
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 this chapter.
NONCONFORMING LOT. Any lot existing upon the effective date of this chapter which fails to meet the current required lots size, width, or does not have the required frontage on a publicly maintained road.
NONCONFORMING STRUCTURE. Any structure existing upon the effective date of this chapter which would not conform to the applicable regulations if the structure were to be erected under provisions of this chapter.
NONCONFORMING USE. Use of the land, buildings or structures existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located.
NONCONFORMITY. 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/MATERIALS. Material capable of causing injury to living organisms by chemical reaction or which is capable of causing detrimental effects to the physical or economic wellbeing of individuals or animals.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of flow of water either in itself or by catching or collecting debris carried by water, or that is placed where the flow of water might carry it downstream to the damage of life or property.
OFFICIAL CONTROL. Legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of a municipality or a county or any part thereof or any detail thereof and are the means of translating into ordinances, all or any part of the general objectives of the comprehensive plan. The OFFICIAL CONTROLS may include but are not limited to ordinances establishing zoning, subdivision controls, site planned regulations, sanitary codes, building codes, housing codes and official maps.
OFFICIAL MAP. A map adopted in accordance with the provisions of M.S. §394.361, as it may be amended from time to time, which may show existing county roads and county state aid highways, proposed future county roads and highways and the areas needed for widening existing county roads and highways. Any OFFICIAL MAP may also show the location of existing public land and facilities and other land needed for future public purposes including public facilities such as parks, playgrounds, schools, and other public buildings, civic centers, traveling services facilities.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the regional flood.
OPERATIONAL AREA. An area of land specifically defined within a permit within which the operations shall be confined.
ORDINANCE. A law or statute. The term used to designate the enactment of the legislative body of a municipal corporation or a county.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands which 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 predominately 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 is the operating elevation of the normal summer pool.
OVERLAY DISTRICT. A zoning district, the regulations of which are applied in addition to or in modification of the regulations of the underlying zone.
OWNER. Any individual, firm, associate, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
PARCEL. A distinct, legally described piece of land under the ownership of one or more persons.
PARKING AREA. An open area, excluding a public roadway, used for the parking of automobiles.
PARKING–OFF-STREET. Space occupied by motor vehicles on premises other than public or private roads.
PARKING SPACE. A surfaced and permanently maintained area on privately- or publicly-owned property either within or outside of a building of sufficient size to store one standard vehicle.
PASTURE. Refer to the feedlot management regulations, Chapter 54 of this code of ordinances.
PERSON. One or more natural persons; a limited liability company, whether domestic or foreign; a registered limited liability partnership, whether domestic or foreign; a partnership; a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; or any other business organization.
PHOTOVOLTAIC ARRAY. A group of solar photovoltaic modules connected together to increase voltage and/or power to the level required for a given system.
PHOTOVOLTAIC DEVICE. A system of components that generates electricity from incident sunlight by means of the photovoltaic effect, whether or not the device is able to store the energy produced for later use.
PLANNING COMMISSION. The Carver County Planning Commission established by this chapter.
PRACTICAL DIFFICULTY. When used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
PRIME (AGRICULTURAL) LAND. All SCS Capability Class 1 and 2 land plus Glencoe Loam (GL), Canisteo Silty Clay Loam (CS), and Talcot Silty Clay Loam (TT) Soils.
PRINCIPAL RESIDENCE. The primary or most important house located on a lot, regardless of whether the residential use is a principal or subordinate use.
PRINCIPAL STRUCTURE. A structure or set of structures utilized as a unit and used as an integral part of the principal use of the land.
PRINCIPAL USE. The primary use of land or structures or a combination of land and structures as opposed to a subordinate or accessory use. A PRINCIPAL USE may be either conditional or permitted.
PRODUCTION LAND. Land that has been tilled and utilized for growing of row crops, hay, forage, vegetables, fruits or similar purposes for eight of the past ten years. Land that is entered in a state or federal program shall be considered PRODUCTION LAND until the contract expires for the purposes of enforcing these regulations.
PROPERTY LINE. The legal boundaries of a parcel of land.
PROTECTED WATERS AND WATERWAYS. Water bodies or watercourses identified on the Public Waters Wetlands Inventory Map published by the Department of Natural Resources, State of Minnesota or watercourses determined by the county to have a watershed of two square miles or more.
PUBLICATION. Notice placed in the official county newspaper stating time, location and date of meeting and description of topic.
PUBLIC HEARING. Whenever the term PUBLIC HEARING is used in this chapter, unless otherwise specifically redefined, it shall mean a public hearing pursuant to a notice published once in the official newspaper of the county at least ten days before the date of the hearing, which notice shall specify the general purpose, time and place of the hearing. Any hearing after the publication, may be continued, recessed or adjourned from time to time without any further publication or notice thereof.
PUBLIC ROAD, STREET, HIGHWAY. A strip of land including bridges and other structures used for vehicular traffic and which is owned in fee simple or the public use of which is guaranteed through easement by a governmental unit and is maintained by a unit of government utilizing public funds.
PUBLIC WATERS. Any PUBLIC WATERS as defined in M.S. §103G.005, subds. 15, 15a.
QUARTER-QUARTER (¼¼) SECTION. A quarter of a quarter section as determined by the United States Rectangular Land Survey System. A government lot as determined by the rectangular land survey system shall be considered a QUARTER-QUARTER SECTION for purposes of this chapter. For purposes of this chapter, rights-of-way for public or private transportation, public trails, or a public use shall not impact the completeness of a quarter-quarter section.
REACH. The hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive crossings would most likely constitute a REACH.
REASONABLE USE. For purposes of this chapter, REASONABLE USE shall be a lot or parcel of land with at least one of the following characteristics: at least 20 acres that is primarily good farmland suitable for agriculture; a single-family dwelling exists or there is at least one building eligibility
available; or a conditional use permit has been issued for the property as provided by this chapter. Vacant or “no” use shall not be considered a reasonable use.
RECREATION. The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active or passive.
RECREATION - ACTIVE. Leisure activities usually performed with others, often requiring equipment and taking place at prescribed places, sites, or fields. The term ACTIVE RECREATION includes but is not limited to swimming, tennis, and other court games, baseball and other field sports, golf and playground activities.
RECREATION - PASSIVE. Outdoor leisure activities that have a low potential for nuisance to adjacent property owners and require little to no development or alteration to the land. The term PASSIVE RECREATION includes but is not limited to hiking, picnicking, parks, walking, jogging, running, and bicycle paths/trails.
RECREATIONAL CAMPING VEHICLE. Any of the following:
(1) TRAVEL TRAILER means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified travel trailer by the manufacturer of the trailer.
(2) PICK-UP COACH means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(3) MOTOR-HOME means a portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
(4) CAMPING TRAILER means a folding structure, mounted on wheels and designed for travel, recreation, and vacation use.
REDUCTION/RECYCLING FACILITY. A lot or a designated part of a lot principally used for the reduction, recycling, or preparation for recycling of vehicles, equipment, and/or used, waste, or salvaged materials. Reduction and recycling shall include dismantling, wrecking, crushing, repairing, rebuilding, sale of parts of scrap, storage, abandonment, or accumulation for sale or shipment.
REFUSE. Refer to the solid waste regulations, Chapter 50 of this code of ordinances, for definition.
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 a magnitude of the 1% chance or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD as used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on a floodplain that results from the designation of a floodway. It is this elevation which is regulated by this chapter and required to be elevated or flood proofed.
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.
RESIDENCE - PRIMARY. A separate, complete dwelling unit that is the larger of the dwelling units when a single-family residential site contains an approved secondary residence.
RESIDENCE - SECONDARY. A residential dwelling unit located on the same lot as a single-family dwelling unit, either as a mobile home or in a detached accessory structure. Prohibited by this chapter unless otherwise allowed by an interim use permit.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person’s own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children.
RESIDENTIAL LOT. A parcel that is less than 20 acres in size, which has an available building eligibility or an existing single-family residence.
RIGHT-OF-WAY (R-O-W). A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied or used by a road, street, trail, water line, sewer line, electrical transmission line or similar public and/or utility service. Unless otherwise specified, the term RIGHT-OF-WAY (R-O-W) as used in this chapter refers to road or street right-of-way.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
SEMI-PUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE AREAS. Areas within 150 feet of DNR protected waters; areas within 150 feet of watercourses as defined; a designated floodplain; bluffs and areas within 100 feet of the bluff top; Wellhead Protection Areas as adopted by LGU; areas within 100 feet of a delineated wetland boundary or wetlands as shown on the National Wetland Inventory (NWI); areas within 100 feet of protected properties such as DNR wildlife areas, USFW property, and parkland.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. A required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky except as expressly permitted in this chapter. A SETBACK shall extend along a lot line and at right angles to a lot line to a depth or width specified in the yard regulations for the district in which the lot is located.
SETBACK–FRONT. A setback extending along the full width of the front lot line between side lot lines and extending from the centerline of the street right-of-way line to a depth as required in the setback regulations for the district in which the lot is located.
SETBACK–REAR. A setback extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the setback regulations for the district in which the lot is located.
SETBACK–SIDE. A setback extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located.
SHORE IMPACT ZONE. 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.
(1) Land located within the following distance from public waters:
(a) 1,000 feet from the ordinary high water level of a lake, pond or flowage; and
(b) 300 feet from river or stream as designated on the Carver County Zoning Map or the landward extent of a floodplain as designated by this chapter of a river or stream, whichever is greater.
(2) The practical limits of SHORELAND may be less than statutory limits wherever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources.
SIGN. Any device (including but not limited to letters, words, numerals, figures, logos, pictures, or any part or combination) used for visual communication intended to attract the attention of the public. The term SIGN shall not include any flag, symbol, or any governmental unit.
SIGN – ADVERTISING (BILLBOARD). A sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where the sign is located or to which it is affixed.
SIGN – BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which the sign is located or to which it is affixed.
SIGN – FLASHING. A sign where light is not maintained stationery or constant in intensity and color at all times in which the sign is in use.
SIGN – IDENTIFICATION OR NAMEPLATE. Any sign which states the name or address or both of the business or occupant of the lot or building where the sign is placed or may be a directory listing the name, address and business of occupants.
SIGN ILLUMINATED. Any sign which is illuminated in any way including reflection.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
SINGLE-FAMILY RESIDENCE. A dwelling unit with a minimum width of 20 feet, attached to a permanent foundation built to frost depth, having an earth covered, composition, shingled or tiled roof, constructed in accordance with the Minnesota State Building Code, designed for occupation by one family and being one contiguous living space with one set of utilities.
SOLAR ARRAY. Any number of solar photovoltaic modules or panels connected together to provide a single electrical output.
SOLAR CELL. The basic unit of a photovoltaic solar panel.
SOLAR ENERGY STORAGE. An accessory use to a solar energy system which captures solar energy produced at one time for use at a later time.
SOLAR ENERGY SYSTEM (SES). A set of devices whose primary purpose is to collect solar energy and convert it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy. (See also: LARGE SOLAR ENERGY SYSTEM and SMALL SOLAR ENERGY SYSTEM).
SOLAR ENERGY SYSTEM, LARGE. Composed of multiple solar panels on multiple mounting systems (poles or racks), and generally have a direct current (DC) rated capacity greater than 100 kilowatts.
SOLAR ENERGY SYSTEM, SMALL. A solar array that is an accessory use with a direct current (DC) rated capacity less than 100 kilowatts.
SOLAR MODULE. Any number of individual solar cells connected together in an environmentally protected housing producing a standard output voltage and power. Multiple modules/panels can be assembled into an array for increased power and/or voltage.
SOLID WASTE. Refer to the solid waste regulations, Chapter 50 of this code of ordinances, for definition.
SOLID WASTE FACILITY. All property real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste. It includes but is not limited to the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, environmentally sound manner.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes and synonymous with the ONE HUNDRED YEAR FLOODPLAIN.
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.
STEEP SLOPE. Lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, which are not bluffs.
STOCK-IN TRADE. A stock of goods kept on hand for sale on the premises.
STREET. See PUBLIC ROAD.
STRUCTURE. Anything constructed or erected on or connected to the ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damage 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 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this chapter, historic structure is as defined in 44 C.F.R. § 59.1.
SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS). Either an individual sewage treatment system or a midsized subsurface sewage treatment system pursuant to Chapter 52 and Minn. Rules Chapters 7080 and 7081.
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 conductance of business. Resorts and restaurants with transient docking facilities are examples of the use.
TEMPORARY STRUCTURE. A structure specifically designed to be moved at will and in no way permanently attached to the ground through foundations, tie downs or similar attachments.
TOWER. A structure as defined in the Uniform Building Code.
TRANSFER FACILITY/TRANSFER STATION. Refer to the solid waste regulations, Chapter 50 of this code of ordinances, for definition.
TRANSMISSION SYSTEMS. Systems designed to move information, electrical power or a commodity such as petroleum or natural gas from place to place. Systems may consist of overhead lines or cables with poles or towers, underground cables, pipelines, pipes or similar installations. En-route consumption systems are designed primarily to provide service to local areas and provide service to individual users. Non-en-route consumption systems are designed primarily to transport information, power or a commodity over long distances and typically do not provide service to individual users along the way.
USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which is occupied, utilized or maintained and shall include the performance of an activity as defined by the performance standards of this chapter.
USE–ACCESSORY. See ACCESSORY USE.
USE–PERMITTED. 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 the districts.
VARIANCE. Any modification or variation of official controls, as defined in M.S. § 394.27, subd.7, where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause a practical difficulty.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above-ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of these structures and facilities include boathouses, gazebos, screen houses, fish houses, pumphouses, saunas, patios, and detached decks. Boathouses and boat storage structures given the meaning under M.S. § 103G.245 are not WATER-ORIENTED ACCESSORY STRUCTURES.
WATER SUPPLY PURPOSE. Any use of water for domestic, commercial or agricultural purposes.
WETLAND. As defined by Minnesota Wetland Conservation Rules, Minn. Rules Part 8420.0111, as it may be amended from time to time.
WIND ENERGY CONVERSION SYSTEM (WECS). A device such as wind charger, windmill, or wind turbine and associated facilities that converts wind energy to electric energy, including, but not limited to: power lines, transformers, substations, and meteorological towers. The energy may be used on-site or distributed into the electrical grid. (See also: LARGE WIND ENERGY CONVERSION SYSTEM and SMALL WIND ENERGY CONVERSION SYSTEM).
WIND ENERGY CONVERSION SYSTEM, LARGE. A WECS of equal to or greater than 40kW in total name plate generating capacity.
WIND ENERGY CONVERSION SYSTEM, SMALL. A WECS that is an accessory use of less than 40 kW in total name plate generating capacity.
WIND TOWER. Vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
WIRELESS COMMUNICATIONS FACILITY. Structures, antennas, towers, fences and related equipment and appurtenances associated with licensed commercial wireless telecommunication services including, but not limited to, broadband, broadcast, cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
YARD–FRONT, SIDE, REAR. The area between structures and the respective lot line.
ZONING DISTRICT. An area or areas within the limits of the county for which the regulations and requirements governing use, lot and size of building and premises are uniform.
(Ord. 47, passed 7-23-02; Am. Ord. 4703-1, passed 5-5-03; Am. Ord. 58-1007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)