This section provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this title conflict with definitions in other provisions of the Center City Code of Ordinances, these definitions shall control for the purposes of this title. The following words and terms, wherever they occur in this title, shall be interpreted as herein defined unless the context in which they are used clearly requires otherwise:
ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of ABANDONED SIGN.
ABUTTING. Making contact with or separated only by public street right-of-way, railroad, public utility right-of-way, or navigable waters.
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.
ADDITION. A physical enlargement of an existing structure.
ADULT DAYCARE FACILITIES. State-licensed facilities that provide non-medical care and supervision for more than 6 adults for periods of less than 24 hours.
AGENT. A person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, Commissions, and the Council, regarding matters regulated by this title.
AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms, these include: field crop farming; pasture for hay, fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale of in season products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feedlots, retail nurseries and garden centers, and kennels.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
ALTERATION. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting or ornamental changes.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, hydronic furnace, wind or solar energy system.
ANIMAL FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches, and zoos, shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS.
ANIMAL KENNEL. Any place where 3 or more domestic animals of one type, over 6 months of age, are commercially kept, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
ANIMAL UNIT (AU). A unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this title, the following equivalents shall apply:
Animal | AU per Animal |
Animal | AU per Animal |
One mature dairy cow | 1.40 |
One slaughter steer or heifer | 1.00 |
One horse | 1.00 |
One swine over 55 pounds | 0.40 |
One duck | 0.20 |
One sheep | 0.10 |
One swine under 55 pounds | 0.05 |
One turkey | 0.018 |
One chicken | 0.01 |
ANIMALS, DOMESTIC. Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals.
ANIMALS, FARM. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, and other animals commonly accepted as FARM ANIMALS in the State of Minnesota.
ANTENNA. Any device which is designed to transmit or receive any electromagnetic, microwave, radio, television, or other frequency energy waves including but not limited to directional and omni-directional antennae such as microwave dishes, satellite dishes, and whip antennae.
ANTENNA, ACCESSORY AND/OR SECONDARY USE. Those antennas including radio and television receiving antennas, satellite dishes, TVRO’s 2 meters (2 m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment such as radio receivers, ham radio transmitters and television receivers that are customary and incidental to allowed principal uses within the various zoning districts of the city.
ANTENNA, PERSONAL WIRELESS SERVICE. A device consisting of metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging, and similar services and including the support structure thereof.
ANTENNA, PUBLIC UTILITY MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the support structure thereof.
ANTENNA, RADIO AND TELEVISION, BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof.
ANTENNA, RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof.
ANTENNA, SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVRO’s (television, receive only) and satellite microwave antennas and the support structure thereof.
ANTENNA, SATELLITE DISH HEIGHT. The height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna.
ANTENNA, SHORTWAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for shortwave radio communications, and including the support structure thereof.
ANTENNA, SUPPORT STRUCTURE. Any building, water tower, or other structure other than a tower which can be used for location of antennas.
ANTENNA, TEMPORARY MOBILE. Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW).
ANTENNA TOWER. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports personal wireless service antennas or similar apparatus above grade. The term ANTENNA TOWER shall not include amateur radio operators’ equipment, as licensed by the FCC.
APPLICANT. The owner, their agent, or person having legal control, ownership, and/or interest in land which the provisions of this title are being considered for or reviewed.
APPROVAL. Includes both approval and approval with conditions.
ASSISTED CARE LIVING FACILITY. A living arrangement which consists of 2 or more semi-private dwelling units in which people with special needs, especially seniors with disabilities, reside that provides help with everyday tasks such as bathing, dressing, and taking medication.
AWNING. A roof like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning.
AWNING SIGN. A building sign or graphic printed on or in some fashion attached directly to the awning material.
BALCONY. A floor projecting from and supported by a structure without additional independent supports.
BALLOON SIGN. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter.
BANNER SIGN. A strip of fabric, cloth, vinyl, plastic, or other material upon which a sign is displayed.
BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (See definition of STORY.)
BAY. Cantilevered area of a room.
BED & BREAKFAST. An owner occupied single-family residence that provides overnight accommodations to a limited number of visitors for a charge, not to exceed a stay of 7 consecutive nights.
BENCH SIGN. A sign located on any part of the surface of a bench or seat.
BILLBOARD SIGN. A sign which advertises an establishment, service, merchandise, use, entertainment, activity, product, or message which is not conducted, sold, produced, manufactured, or furnished upon the parcel or lot where the sign is located.
BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics:
(1) Part or all of the feature is located in a shoreland area.
(2) The slope rises at least 25 feet above the ordinary high water level of the water body.
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater.
(4) The slope must drain toward the water body.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BLUFF, TOE OF. The lower point of a 50-foot segment with an average slope exceeding 18%.
BLUFF, TOP OF. The higher point of a 50-foot segment with an average slope exceeding 18%.
BOARDING HOUSE. A building other than a hotel or motel where, for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided to 3 or more persons, not of the principal family therein, but not more than 8 persons.
BOARDING (LODGING) ROOM. A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodation shall be counted as one BOARDING ROOM.
BOAT HOUSE. A structure designed and uses solely for the storage of boats and boating equipment.
BOULEVARD. The portion of the street right-of-way between the curb and the property line.
BOUNDARY LINE. Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the zoning map.
BUFFER. The use of land, topography, difference in elevation, space, fences, or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
BUFFER YARD. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
BUILDABLE AREA. The portion of a lot remaining after yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
BUILDING PERMIT. A BUILDING PERMIT is authorization from the city to commence construction and complete a structure in compliance with the plans approved by the city.
BUILDING SIGN. Any sign attached or supported by any building.
BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation.
CAMPGROUND. A land use under public or private, single, or multiple ownership consisting of designated campsites with appropriate facilities designed for the temporary occupation by tents or recreational vehicles. Does not include up to five campsites, which are part of a resort licensed by the Minnesota Department of Health.
CAMPSITE. A parcel within a resort or campground designated for the occupancy of one family on a periodic basis in a tent or recreational vehicle.
CAMPING TRAILERS. Shall mean any of the following:
(1) CAMPING TRAILER. A folded structure mounted on wheels and designed for travel, recreation, and vacation uses.
(2) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed on an integral part of a self-propelled vehicle.
(3) PICKUP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(4) TRAVEL TRAILER. 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.
CANOPY. An accessory roof-like structure, often of fabric, plastic, metal, or glass on a support, which is either attached to or detached from an allowable primary building; which is open on all sides, other than where attached; and, which is located over and designed to provide cover for entrances, exits, walkways, and approved off-street vehicle service areas.
CANOPY SIGN. Any signs that are part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A CANOPY SIGN is not a marquee and is different from service area canopy signs.
CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on one or more sides.
CELLAR. The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
CEMETERY. A parcel or tract of land used or intended to be used for the burial of the dead including columbariums, crematories, mausoleums, and mortuaries when operated within the boundaries of such cemetery.
CHANGEABLE COPY SIGN. A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic, or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters, or numbers that can be changed or rearranged without altering the face or surface of the sign structure.
CHANGEABLE COPY SIGN, ELECTRONIC. A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. ELECTRONIC CHANGEABLE COPY SIGNS include computer programmable, microprocessor controlled electronic displays. ELECTRONIC CHANGEABLE COPY SIGNS include projected images or messages with these characteristics onto buildings or objects. ELECTRONIC CHANGEABLE COPY SIGNS do not include official signs.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CITY ATTORNEY. The person designated by the City Council to be the City Attorney for the City of Center City.
CITY BUILDING OFFICIAL. The person designated by the City Council to be the City Building Official for the City of Center City.
CITY COUNCIL. The governing body for the City of Center City.
CITY ENGINEER. The person designated by the City Council to be the City Engineer for the City of Center City.
CLEAR CUTTING. The removal of an entire stand of trees.
CLUBS, LODGES, AND MEETING HALLS. Permanent, headquarters-type meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social, and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; other membership organizations. Membership organization offices without member meeting facilities are instead classified under “Offices.”
CO-LOCATION. The locating of wireless communications equipment from more than one provider on a single roof-mounted or structure-mounted facility.
COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services, including, but not limited to, the following unless specifically defined by this title:
(1) OFFICE BUSINESS. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, administrative, or medical service operations including attorneys, financial advisors, consultants, insurance, outpatient health services, and other uses of similar character.
(2) RESTAURANT (CONVENIENCE). An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive-through facilities.
(3) RESTAURANT (GENERAL). An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.
(4) RETAIL BUSINESS. An establishment engaged in the display and sale of products produced off-site directly to consumers within a building or portion of a building, excluding any exterior display and sales.
(5) SERVICE BUSINESS (OFF-SITE). A company that provides labor, maintenance, repair, and activities incidental to business production or distribution where the service is provided at the customer’s location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character.
(6) SERVICE BUSINESS (ON-SITE). An establishment that provides labor, maintenance, repair, and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus.
COMMERCIAL RECREATION. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theater, indoor firearms range, boat rental, amusement rides, campgrounds, park, and similar uses.
COMMON INTEREST DEVELOPMENT. Any residential condominium, community apartment house, or stock cooperative.
COMMON OPEN SPACE. Any privately owned open space including private parks, nature areas, playgrounds, and trails, including accessory recreational buildings and structures which are an integral part of a development.
COMMUNITY CENTERS. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
COMMUNITY SOLAR ENERGY SYSTEM (also called SOLAR GARDEN). A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system.
COMPREHENSIVE PLAN. The Center City Comprehensive Plan, which includes various chapters addressing land use, transportation, water system, sanitary sewer, water resources, parks, trails, and open space.
CONDITIONAL USE. A use, which because of special problems of control the use presents, requires reasonable, but special, unusual, and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Comprehensive Plan.
CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in this title, as a flexibility device to enable the City Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use present.
CONGREGATE CARE. Congregate care housing facilities are multi-family residential projects reserved for senior citizens or the disabled, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation.
CONSTRUCTION CONTRACTOR’S YARD. An outdoor storage yard operated by a construction contractor for the storage of building materials and construction equipment.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A residential land use that provides multiple elements of senior adult living combining aspects of independent living with increased care, as lifestyle needs change with time. Housing options may include various combinations of senior adult detached, senior adult attached, congregate care, assisted living, and nursing care aimed at allowing the resident to live in one community as their medical needs change. The use may also contain special services such as medical, dining, recreational, and some limited, supporting retail facilities.
CONTRASTING COLORS. Shall be those colors not defined as earth tone colors.
CONTROLLED ACCESS LOT. A riparian lot meeting the standards of this title for a buildable lot, owned by more than one owner in undivided interest, provided with facilities and used for access and not containing a dwelling.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food or in on disposable or edible containers in individual servings for consumption on or off the premises.
CONVENIENCE STORE. Retail stores of generally 3,500 square feet or less in gross floor area, which primarily carry prepackaged food and beverage products, but may also include other merchandise oriented to convenience shopping and travelers’ needs.
COURT. An unoccupied open space other than a yard which is bounded on 2 or more sides by the walls of the buildings.
CRAWL SPACE. Shall have the definition given in the building code.
DAYCARE FACILITY. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habitation, rehabilitation, or developmental guidance on a regular basis, or periods of less than 24 hours per day, in a place other than the person’s own home. DAYCARE FACILITIES include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs, and other “non-residential programs” as defined by M.S. § 245A.02, Subd. 10.
DECK. Horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending above grade.
DECORATIVE BLOCK. A building block of cast concrete and aggregate rock that has a split-rock, brick-like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors.
DETACHED. Any structure that does not have a wall or roof in common with another structure on the same site.
DEVELOPMENT. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this title, June 7, 2011.
DEVELOPMENT AGREEMENT. A contract between the city and an applicant for a development project. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure, adhere to approval conditions and/or pay fees required by a new project.
DEVELOPMENT PLAN. A plan guiding the development of the property to the ultimate land use. The plan shall include but is not limited to: site analysis information, staging plan, grading plan, drainage plan, and end use plan.
DISPLAY (OUTDOOR/OUTSIDE). A class of storage outside the principal building where merchandise is visible and may involve active sales as well as passive sales (where items can be taken inside for actual purchase). OUTSIDE DISPLAY OF MERCHANDISE may be temporary or permanent depending upon the conditions of the permit issued pursuant to this title.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
DOG KENNEL. Any place where more than 3 dogs over 6 months of age, are kept, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals.
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 5 years.
(2) An altered watercourse is that which has been affected by manmade 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 5 years.
DRAINING. The removal of surface water or ground water from land.
DREDGING. To enlarge or clean out a waterbody, watercourse, or wetland.
DRIVE-THRU ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, bed and breakfast, mobile homes, or trailers.
DWELLING, EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
DWELLING, MULTIPLE-FAMILY. A building designed with 3 or more dwelling units exclusively for occupancy by 3 or more families living independently of each other, but sharing hallways and main entrances and exits.
(1) APARTMENT. A room or suite of rooms, available for rent which is occupied as a residence by a single family, or a group of individuals living together as a single-family unit.
(2) COMMON INTEREST COMMUNITIES. A development containing individually owned units and jointly owned and shared areas wherein the boundaries are defined by a common interest community in accordance with M.S. Chapters 515, 515A, or 515B, as amended.
(3) CONDOMINIUM. A multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 through 515.29.
(4) COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. Chapter 515B. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
DWELLING, NURSING HOME. A state licensed facility or that part of a facility which provides nursing care to 5 or more persons and does not include a facility or that part of a facility which is a hospital, a hospital with approved swing beds as defined in M.S. § 144.562, clinic, doctor’s office, diagnostic or treatment center, or a residential program licensed pursuant to M.S. §§ 245A.01 through 245A.16 or M.S. § 252.28
DWELLING, SENIOR HOUSING. A dwelling with open occupancy limited to persons over 55 years of age.
DWELLING, SINGLE-FAMILY. A dwelling unit designed exclusively for and occupied exclusively by one family.
(1) ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.
(2) DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING, TOWNHOUSES. Structures housing 3 or more dwelling units contiguous to each other only by the sharing of one or more common walls with each unit having a separate entrance/exit, such structures to be of the townhouse or row house type as contrasted to multiple-family dwelling apartment structures.
DWELLING, TOWNHOUSES, DETACHED. A structure having the characteristics of a multiple-unit townhouse structure that has been separated into single dwelling units at the common side wall, typically with structure dimensions that have a narrow front and deep side walls and are typically without windows or features on at least one of the side walls.
DWELLING, TWO-FAMILY. A structure designed exclusively for occupancy by 2 families living independently of each other.
(1) DUPLEX. A two-family dwelling with one unit above the other.
(2) TWINHOME. A two-family dwelling with 2 units side by side.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking, and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers except within the Shoreland Overlay District where these uses shall be considered dwelling units.
DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays.
EARTH BERM. A mound or wall of soil, sand, or other earth material covered in grass, plantings, or other landscaping materials.
EARTH TONE COLORS. Any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to brown, black, grey, tan, beige, soft green, soft blue, or white.
EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
ELECTRONIC GRAPHIC DISPLAY SIGN. A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization, or dissolve modes. ELECTRONIC GRAPHIC DISPLAY SIGNS include computer programmable, microprocessor controlled electronic or digital displays. ELECTRONIC GRAPHIC DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
ELEVATION. The view of the side, front, or rear of a given structure(s).
ELEVATION AREA. The area of all walls that face any lot line.
ENGINEER. An electrical, mechanical, civil, or other professional engineer licensed by the state of Minnesota.
ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, or any other way of bringing into being or establishing.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, waste, or water transmission, distribution, collection, supply or disposal systems, including water towers, wells, poles, wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, utility substations, and other similar equipment, accessories and related structures in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. ESSENTIAL SERVICES shall not include waste facilities or personal wireless service antennas or support structures.
EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under M.S. §§ 93.44 through 93.51.
FACADE. Any exterior elevation of a building.
FAMILY. An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of:
(1) Two or more persons each related to the other by blood, marriage, adoption, legal guardianship (including foster children); or
(2) Not more than 4 unrelated persons.
FARM. A tract of land of more than 10 acres in size usually with a house and barn plus other buildings on which crops and often livestock are raised for a principal source of livelihood.
FARMING. Process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings, related to operating the farm, and the keeping of common domestic farm animals.
FEEDLOT, ANIMAL. See “Animal Feedlot.”
FENCE. A FENCE is defined for the purpose of this title as any partition, structure, wall, or gate erected as a dividing mark, barrier, or enclosure.
(1) FENCE, BOUNDARY LINE. All fences located within 5 feet of property line.
(2) FENCE, INTERIOR YARD. All fences located 5 feet or more from a property line.
FLAG. Any fabric, usually rectangular, of distinctive design that is used as a symbol, signaling device, sign, or decoration.
FLASHING SIGN. A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling.
FLOOD. A temporary rise in a stream flow or stage which results in inundation of the areas adjacent to the channel.
FLOOD FRINGE. That portion of the floodplain outside of the floodway.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement FLOOR AREA devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the FLOOR AREA shall not include: basement or cellar FLOOR AREA other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The FLOOR AREA of a residence shall not include the cellar area.
FREESTANDING SIGN. Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.
GARAGE. A structure for parking vehicles that is completely enclosed on four sides, with a solid roof.
GARAGE SALE. Any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods, or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.
GENERAL RETAIL STORES. Stores and shops selling many lines of merchandise.
GOVERNMENTAL OR PUBLIC FACILITIES. Publicly owned structures used for the purposes of conducting city, county, state, or federal government business. These facilities include City Hall, and federal, state, or municipal equipment yards, fire and police stations, offices, recreation centers, sanitation facilities, schools, and similar facilities. Private commercial development projects leasing publicly owned land shall not be considered GOVERNMENTAL OR PUBLIC FACILITIES.
GRADE. Shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final GRADE for sign height computation.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.
GRADING. Changing the natural or existing topography of land.
GROUND MOUNTED SOLAR ENERGY SYSTEM. Freestanding solar energy system (panels) that are mounted to the ground by use of stabilizers or similar apparatus.
GROUND SIGN. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding 8 feet.
GROUP FAMILY DAYCARE. A facility that provides nonmedical care for children or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.
GROUP HOME. A building or residence licensed by the state as a rooming or boarding house and that provides lodging, care, and daily assistance for people that are unable to live independently, such as the elderly, mentally ill, or chemically dependent.
GUESTROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.
HEALTH CLUB. A business that provides recreational services and facilities, usually for the benefit of its membership, involving aerobic exercises, strength and cardiovascular equipment, indoor or outdoor game courts, swimming pools, running tracks, massage, tanning, hair and other personal services, saunas, showers and lockers.
HEIGHT OF SIGN. The height of the sign shall be computed as the vertical distance measured from the highest attached component of the sign to either the average grade or the top of the nearest curb of the street on which the sign fronts, whichever is greatest.
HOME OCCUPATION. Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.
HOTEL or MOTEL. A facility containing 6 or more guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging, typically less than thirty days. Also may include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting facilities, etc.
ILLUMINATED SIGN. Any sign which contains an element designed to emanate artificial light internally or externally.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
IMPERVIOUS SURFACE COVERAGE. The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.
INCIDENTAL BUSINESS ACTIVITY. A temporary activity conducted on the premises of a business such as a store, café, restaurant, bar, or night club, which is intended to attract additional customers to the primary business activity, otherwise draw attention to the primary business activity, or serve as a benefit for a non-profit organization not directly affiliated with the primary business activity. Examples include book readings and signings at bookstores, poetry readings at cafes, stand-up comedy performances at bars or night clubs, and similar activities.
INCIDENTAL USE. A use which is secondary to the primary use of a property and which does not intensify the use.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A sewage treatment system or part thereof, serving a dwelling, building, structure or other establishment, or group thereof, and using sewage tanks or advanced treatment followed by soil treatment and disposal. INDIVIDUAL SEWAGE TREATMENT SYSTEM includes holding tanks.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items.
INTENSIFICATION OF USE. A change in the use of a structure or site, where the new use is required by Chapter 205 (General Performance Standards) of this title, to have more off-street parking spaces than the former use; or a change in the permitted operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.
INTERIM USE PERMIT. A permit issued in accordance with procedures specified in this title, as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.
INTERIOR SIGN. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court or entrance of any theater. These signs are not meant to be seen from the exterior of a building.
KIOSK. A freestanding structure with two or more sides used to display community and visitor information, business directories and maps.
LAND FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to fill a water body, watercourse, or wetland.
LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e., slopes), vegetative cover, soil stability, and the establishment of safe conditions appropriate to the subsequent use of the land.
LARGE ENERGY POWER GENERATING PLANT (LEPGP). Any solar energy system capable of producing 50 megawatts or more of power.
LODGING (BOARDING) ROOM. A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodation shall be counted as one BOARDING ROOM.
LODGING HOUSE. Any building or portion thereof containing not more than 5 guest rooms which are used by no more than 5 guests, where rent is paid by money, goods, labor, or otherwise.
LOT. A recorded parcel of real property under single ownership, lawfully created as required by the Subdivision Ordinance and City Code, including this title.
LOT AREA. The gross lot area is the total area of the horizontal plane included within the front, rear, and side lot lines.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into unit lots.
LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135° or more.
LOT DEPTH. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Zoning Administrator shall determine lot depth for parcels of irregular configuration.
LOT, FLAG. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street.
LOT, INTERIOR. A lot, other than a corner lot, including through or double frontage lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
LOT LINE, FRONT. The lot line separating a lot from the street right-of-way along the lot frontage. The FRONT LOT LINE on a corner lot shall be determined by the street to which the principal entrance to the dwelling or structure is located.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the side lot lines.
LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear lot lines.
LOT LINE, ZERO. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.
LOT OF RECORD. A parcel of land, whether subdivided and/or otherwise legally described and recorded as of June 7, 2011 or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this title and having its principal frontage upon a street.
LOT, SUBSTANDARD. A lot or parcel of land which does not meet the minimum lot area, structure setbacks, or other dimensional standards of this title.
LOT, THROUGH. A lot with frontage on 2 generally parallel streets.
LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivision of a base lot for the purpose of developing detached townhouse, two-family, attached townhouse, or condominium residential, commercial, or industrial developments or developments with more than one principal structure on a lot whereby the individual units have title to the portion of land that is generally underlying the structure.
LOT WIDTH. The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the front setback line.
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.
MANUFACTURED HOME (MOBILE HOME). A structure, transportable in one or more sections on its own wheels, 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 non-removable 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 and complies with the standards established under M.S. Chapter 327.
MANUFACTURED HOME PARK. Any site, lot, field, or tract of land upon which 2 or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the MANUFACTURED HOMES PARK.
MANUFACTURING. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influence.
MARQUEE. Any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN. Any building sign painted, mounted, constructed, or attached in any manner, on a marquee.
MEMORIAL SIGN. A sign, tablet, or plaque memorializing a person, structure, or event.
METES AND BOUNDS DESCRIPTION. A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
MINERALS. Soil, clay, stone, sand, and gravel and other similar solid material or substance to be mined from natural deposits.
MINING. All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
MIXED-USE PROJECT. A project which combines both commercial and residential uses, where the residential component is typically located above the commercial.
MN PUC. The Minnesota Public Utilities Commission.
MODEL HOME. A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.
MODULAR HOMES. Homes built in sections at the factory that are transported to the building site on truck beds, then joined together and built to conform to all state, local, or regional building codes.
MONUMENT SIGN. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least 3/4 as wide as the sign.
MOTEL or HOTEL. A facility containing 6 or more guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging, typically less than 30 days. Also may include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting facilities, etc.
MULTIPLE-TENANT SITE. Any commercial or industrial site which has more than one tenant, with either a separate ground level exterior public entrance or shared entrance.
MULTIVISION SIGN. Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of 2 or more images.
MUNICIPAL CODE. The City of Center City City Code, as it may be amended from time to time by the Council.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration, collect, store, and channel surface water runoff.
NATURAL OBSTRUCTION. Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a water body, watercourse, or wetland by a non-human cause.
NONCOMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics.
NONCONFORMING. Any use, structure, or lot of record existing or authorized before this title became effective June 7, 2011, or before the effective date of any subsequent amendment thereto, but prohibited thereafter.
NONCONFORMING PARCEL. A parcel that was legally created prior to the adoption of this title and which does not conform to current code provisions/standards (e.g., access, area, or width requirements, etc.) prescribed for the zoning district in which the parcel is located.
OFF-PREMISES SIGN. A commercial speech sign, including billboards, which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located.
OFF-SITE. An activity or accessory use that is related to a specific primary use, but is not located on the same legal parcel as the primary use.
OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot for the use of trucks while loading or unloading merchandise or materials.
OFFICIAL SIGN. Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.
ON-PREMISE SIGN. A commercial speech sign, including billboards, which directs the attention of the public to a business, activity conducted, or product sold or offered at a location on the same lot where such sign is located.
ON-SITE. An activity or accessory use that is related to a specific primary use, which is located on the same legal parcel as the primary use.
OPEN FENCING. A barrier constructed of material which is at least 50% transparent, such as glass, wood pickets, plastic panels, or wrought iron.
OPEN SPACE, COMMON. Unroofed areas of a developed site that is available for active and/or passive recreational use by residents of a multi-family residential project.
OPEN SPACE, PRIVATE. Unroofed areas of a developed site that is available for active and/or passive recreational use by residents of an individual dwelling unit and are clearly defined and separated from “public” areas of the site by fencing and/or building walls.
ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.
(1) ORDINARY HIGH-WATER LEVEL means the boundary of public waters and wetlands as defined in M.S. § 103G.005, Subd. 14. Such boundary shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
(2) For watercourses, the ORDINARY HIGH-WATER LEVEL is the elevation of the top of the bank of the channel.
(3) For reservoirs and flowages, the ORDINARY HIGH-WATER LEVEL is the operating elevation of the normal summer pool.
OUTLOT. A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or, a parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities, or other similar purposes.
OWNER. In the case of a lot, the legal OWNER of the lot as officially recorded by Chisago County, and including fee OWNERS, contract for deed purchasers, and ground lessees. In the case of a sign, the OWNER of the sign including any lessees.
PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.
PARKING STALL. An area enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one motor vehicle.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transferring it to another form of energy or transferring the energy via a heat exchanger.
PERMANENT SIGN. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
PHOTVOLTAIC SYSTEM. An active solar energy system that converts solar energy directly into electricity.
PICTURE WINDOW. A large window in a house, usually dominating the room or wall in which it is located and often designed or placed to present an attractive view.
POLE BUILDING. Any structure possessing the following characteristics: structural wood poles or timbers buried in ground on individual footings; metal wall coverings hung vertically of less than 28 gauge. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities, or any similar structure not covering or enclosing a specific area.
PORTABLE SIGN. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.
PRINCIPAL USE/BUILDING. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE/BUILDING may be permitted, interim, conditional, or allowed by administrative permit.
PRIVATE RESIDENTIAL RECREATION FACILITIES. Privately owned, noncommercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities. Does not include golf courses or country clubs.
PROJECTING SIGN. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 2 feet beyond the surface of such building or wall face.
PROPERTY LINE. The recorded boundary of a parcel of land.
PUBLIC NOTICES. Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees, or agents.
PUBLIC OPEN SPACE. A parcel or area of land or water that is restricted to active or passive recreational uses, that is owned and maintained by the city, county, state, school district, or a special district and is available for use by the general public.
PUBLIC, SEMI-. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to persons outside the regular constituency of the organization.
PUBLIC STREET RIGHT-OF-WAY. The entire right-of-way of any public street.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.
PUBLIC WATERS. As defined in M.S. § 103G.005, Subd. 15.
(1) PUBLIC WATERS, GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service oriented commercial development.
(2) PUBLIC WATERS, NATURAL ENVIRONMENT. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
(3) PUBLIC WATERS, RECREATIONAL DEVELOPMENT. Generally medium sized lakes of varying depths and shapes with a variety of landform, soil, and ground water situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year round residences and recreational oriented commercial uses. Many of these lakes have capacities for accommodating additional development and use.
(4) PUBLIC WATERS, TRIBUTARY RIVERS. Segments consisting of watercourses mapped in the protected waters inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics. The segments have considerable potential for additional development and recreational use, particularly those located near roads and cities.
PYLON SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. PYLON SIGNS may also be referred to as pole signs.
RELIGIOUS INSTITUTION. A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES. See “Accessory Building Structure or Use.”
RESIDENTIAL DISTRICT. Any district zoned for residential uses.
RESIDENTIAL FACILITY, STATE LICENSED. Any program, defined by M.S. § 245A.02, Subd. 14, that provides 24 hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person’s own home, including a nursing home or hospital that receives public funds, administered by the Commissioner of the Department of Human Services to provide services for 5 or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for 4 or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the Commissioner of the Department of Human Services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under M.S. Chapter 254B. Residential programs include home and community based services for persons with mental retardation or a related condition that are provided in or outside of a person’s own home.
RESIDENTIAL SHELTER. A facility providing short term housing, food, and protection for individuals, not including state licensed residential care facilities, community correctional facilities, daycare facilities, hotels, motels, or nursing homes.
RESORT. A commercial business with a central management to provide necessary services, and having dwelling units and/or up to 5 campsites for rent or owned by time interval and may provide related facilities such as restaurants, bars, golf courses, or other recreational amenities.
RESTAURANT. A retail business selling food and beverages prepared on the site, for on- or off-premises consumption. These include eating establishments where customers are served from a walkup ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes: coffee houses; and entertainment with up to 2 entertainers, nonamplified, in a room with food service.
REVIEW AUTHORITY. The individual or official city body (Planning Commission or City Council) identified by this title as having the responsibility and authority to review, and approve or disapprove the permit applications described in this title.
RIGHT-OF-WAY. See “Public Street Right-of-Way.”
ROOF. The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the ROOF structures, ROOF construction and ROOF covering sections of the International Building Code.
ROOF OR BUILDING MOUNTED SOLAR ENERGY SYSTEM. A solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.
ROOF PITCH. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12 or12/12.
ROOF SIGN. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRAL. Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.
ROOFLINE. The uppermost edge of the roof or in the case of an extended facade or parapet, the uppermost height of said facade.
ROTATING SIGN. A sign or portion of a sign which turns about on an axis, excluding barbershop poles.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades on a (WECS).
SANDWICH BOARD SIGN. A temporary sign that is so designed to be self-supporting by design. Often times this sign is of the folding type and when collapsed is flat in nature, therefore “sandwiches” together.
SEARCH LIGHT. Is any apparatus designed to project a beam of light for the purpose of drawing the attention of the public during hours of darkness.
SECONDARY USE. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building.
SERVICE STATION. A retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services, and convenience stores. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
SETBACK. The minimum horizontal distance between a structure and lot line, ordinary high water mark, or right-of-way easement. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided hereinafter.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHIMMERING SIGN. A sign which reflects an oscillating sometimes distorted visual image.
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.
SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes.
SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN STRUCTURE. Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.
SITE. A lot or combination of contiguous lots which are intended, designated, and/or approved to function as an integrated unit.
SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year.
SOLAR COLLECTOR. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM (SES). An active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, thermal or chemical means.
SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the primary land use for the parcel on which it is located.
SOLAR GARDEN. A community solar energy system.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or ground.
SOLAR SKYSPACE. The space between a solar energy collector and the sun, which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
SOLAR SKYSPACE EASEMENT. A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limited activities or land uses that interfere with access to solar energy. The solar skyspace must be described as the three dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity for later use.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this title. Where specific information is not available, STEEP SLOPES are lands having average slopes of 3 to 1 or greater, as measured over horizontal distances of 50 feet or more, that are not defined as bluffs.
STORAGE, INDOOR. The storage of various materials entirely within a structure, as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
STORAGE, OUTDOOR. Storage of any property not fully enclosed in a building or completely screened so as not to be visible from adjoining properties or street rights-of-way.
STORY. The portion of a building including beneath the upper surface of a floor and upper surface of floor next above, except that the top most STORY shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unfinished underfloor space is more than 6 feet above “grade” as defined herein for more than 50% of the total perimeter or is more than 12 feet above “grade” as defined herein at any point, such basement, cellar, or unused underfloor space shall be considered a STORY.
STREET. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this section.
STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one street frontage and corner lots and through lots have 2 frontages.
STREET LINE. The boundary between a street right-of-way and property.
STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
STRUCTURE HEIGHT. A distance to be measured from the mean ground level to the top of the structure.
SUBDIVISION SIGN. Any sign located at the entrance to a development or subdivision, for the purpose of identifying the development or subdivision.
SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
SUSPENDED SIGN. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.
TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas, or any other equipment or facilities associated with the transmission or reception of telecommunications located or installed on or adjacent to a tower or antenna support structure. The term does not include:
(1) A satellite earth station antenna two meters in diameter or less located in an industrial or commercial district;
(2) A satellite earth station antenna one meter or less in diameter, wherever located; or
(3) A tower.
TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted which is to be in place for a specified period of time.
TEMPORARY STRUCTURE. A structure that is not permanently erected on a site.
TEMPORARY USE. A use of land that is designed, operated, and occupies a site for a limited period of time, in compliance with the terms of the applicable temporary use permit.
TIME AND TEMPERATURE SIGN. A sign that displays only current time and temperature information.
TOTAL SITE SIGNAGE. The maximum permitted combined area of all signs allowed on a specific lot.
TRAILER, CONSTRUCTION. A trailer temporarily located on a construction site for storage of equipment and other materials used in connection with development of property.
TRANSMISSION LINE. Those high capacity conductors generally rated 115 kilovolts and above and associated structures which are used to carry electricity from points of generation to distribution points such as substations and distribution lines.
TRUCK STOP. Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, cleaning, servicing, storage, or repair of commercial vehicles is conducted including the dispensing of motor fuel, the sale of accessories or equipment for trucks and similar commercial vehicles. A TRUCK STOP may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses.
UNDUE HARDSHIP. The same as that term is defined in M.S. Chapter 462.357, as may be amended, meaning that the property in question cannot be put to a reasonable use if used under the conditions allowed by this title, the plight of the landowner is due to circumstances unique to the property not created by the landowner and a variance, if granted, shall not alter the character of the locality. Economic considerations alone shall not constitute an undue hardship if a reasonable use of the property exists under the terms of this title. Undue hardship may also include inadequate access to direct sunlight for solar energy systems.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute USABLE OPEN SPACE.
USE. The purpose of activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this title.
VARIANCE. The waiving by Board action of the literal provisions of this title in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.
VETERINARY CLINIC. A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above.
VIDEO DISPLAY SIGN. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. VIDEO DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.
WALL. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane.
WALL SIGN. Any building sign attached parallel to, but within 2 feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign
.
WATER BODY. A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams, or creeks, and may flow year around or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDS. An area where water stands near, at, or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics:
(1) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetlands types 1, 2, 3, 4, 6, 7 and 8 described by the United States Fish and Wildlife Service, Circular 39, “Wetlands of the U.S. 1956".)
(2) Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and mulch).
(3) Soil which is waterlogged or covered with water at least 3 months of the year.
(4) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations, and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed to the electrical grid.
WIND ENERGY CONVERSION SYSTEM (WECS), COMMERCIAL. A WECS of equal to or greater than 40kW in total nameplate generating capacity.
WIND ENERGY CONVERSION SYSTEM (WECS), NONCOMMERCIAL. A WECS of less than 40kW in total name plate generating capacity.
WIND ENERGY CONVERSION SYSTEM (WECS), TOTAL HEIGHT. The highest point above ground reached by a rotor tip or any other part of the WECS.
WIND ENERGY CONVERSION SYSTEM (WECS), TOWER. A vertical structure that supports an electrical generator, rotor blades, and/or meteorological equipment used in the operation of a WECS.
WIND ENERGY CONVERSION SYSTEM (WECS), TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.
WINDOW SIGN. Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
WING WALL. An extension of an exterior building wall using the same materials and colors of the other exterior building walls, which has the effect of partially or entirely “fencing” an outdoor area.
YARD. Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard extending across the full width of the lot and lying between the front line of the lot and to a depth required in the yard regulations for the district in which it is located. In the case of a corner lot abutting one or more streets, both yards shall be considered FRONT YARDS.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, REQUIRED. That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard of the lot to the rear yard.
ZONING ADMINISTRATOR. The person designated by the City Council to be the Zoning Administrator for the City of Center City.
ZONING DISTRICT. An area or areas of the city (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this title.
ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
ZONING DISTRICT UNDERLYING (BASE). All zoning districts except overlay zoning districts.
ZONING MAP. The map or maps incorporated into this title as part thereof, designating the zoning districts.
ZONING ORDINANCE. The City of Center City Zoning Ordinance, referred to herein as “this title.”
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2015-11-4A, passed 11-4-2015; Am. Ord. 2017-05- 02A, passed 5-2-2017)