As used in this Title, the following words and terms shall have the meanings ascribed to them in this Section:
ACCESSORY STRUCTURE OR FACILITY: Any building or improvement which is subordinate to a principal use on the same lot or parcel, which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
AGENCY: The Minnesota Pollution Control Agency as established in Minnesota Statutes Annotated chapter 116.
AGRICULTURAL SERVICE ESTABLISHMENT: Any service establishment primarily engaged in performing animal husbandry or horticultural services, including businesses performing agricultural milling and processing, harvesting or agricultural land preparation, farm equipment sales and service, veterinary services, boarding or training of horses and agricultural produce stands.
AIRPORT HAZARD: Any structure or tree or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
AIRPORT HAZARD AREA: Any area of land upon which an airport hazard might be established.
AMENDMENT: A change in the wording of this Title or change in the zone boundaries upon the Zoning Map.
ANIMAL FEEDLOT: A lot or building or combination of lots or buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as 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. Also included are all adjacent manure storage facilities and areas used for storage and/or disposal of dead animals. For the purposes of these parts, open lots used for the feeding and rearing of poultry shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
ANIMAL MANURE: Poultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, or other materials.
ANIMAL UNIT: The unit of measure used to determine the appropriate density at which livestock and poultry can be raised subject to the restrictions imposed by this Title.
For the purpose of this Title, the following equivalents shall apply:
A. One mature dairy cow, 1.4 animal unit;
B. One head of cattle, excluding the above, 1.0 animal unit;
C. One horse, 1.0 animal unit;
D. One swine, 0.4 animal unit;
E. One duck, 0.2 animal unit;
F. One sheep, 0.4 animal unit;
G. One turkey, 0.018 animal unit;
H. One chicken, 0.01 animal unit;
I. One goose, 0.2 animal unit;
For animals not listed in items A to I, the number of animal units shall be defined as the average weight of the animal divided by one thousand (1,000) pounds.
APPROACH AREA: That part of an airport hazard area as designated on the height zone map, along each side of the extended center line of a runway and lying below the normal glide path of aircraft approaching the runway to land.
AUTO WRECKING AND JUNKYARD: An open area where waste, used or secondhand materials or automobiles are bought, sold, exchanged, stored, baled, packed, disassembled or handled. A "junkyard" includes an auto wrecking yard, but does not include uses established entirely within an enclosed building.
BASEMENT: Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level.
BLUFF: A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):
A. Part or all of the feature is located in a shoreland area;
B. The slope rises at least twenty five feet (25') above the ordinary high water level of the water body;
C. The grade of the slope from the toe of the bluff to a point twenty five feet (25') or more above the ordinary high water level averages thirty percent (30%) or greater; and
D. The slope must drain toward the water body.
BLUFF IMPACT ZONE: Land located within a bluff.
BUILDING: A structure with a single roof or connected with a single roof, built for the support, shelter or enclosure of persons, animals, chattels, mechanical devices or property of any kind.
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.
CERTIFICATE OF COMPLIANCE: A letter from the Director or County Feedlot Pollution Control Officer to the owner of an animal feedlot stating that the feedlot meets agency requirements.
CHANGE IN OPERATION: An increase beyond the permitted maximum number of animal units, an increase in the number of animal units which are confined at an unpermitted animal feedlot requiring a construction investment, or a change in the construction operation of an animal feedlot that would affect the storage, handling, utilization, or disposal of animal manure.
CLUSTER DEVELOPMENT: A pattern of subdivision development which places housing units into compact groups (clusters or pods) while providing a network of commonly owned or dedicated open space (also centralized sewer and water system).
COMMERCIAL AGRICULTURE: The use of land for commercial agricultural purposes including farming, dairying, pasturage, horticulture, floriculture, animal and poultry husbandry and the necessary accessory buildings and accessory uses for packing, treating or storing produce; provided agricultural revenues shall be the principal source of income from any operations.
COMMERCIAL USE: The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMMISSIONER: The Commissioner of the State Department of Natural Resources.
COMPREHENSIVE PLAN: A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private of the County and its environs and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE: A specific type of structure or land use listed in the official control that may be allowed but only after an in- depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls and upon a finding that:
A. Certain conditions as detailed in the Chapter 3 of this Title exist; and
B. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
CORRECTIVE OR PROTECTIVE MEASURE: A practice, structure, condition, or combination thereof which prevents or reduces the discharge of pollutants from an animal feedlot to a level of conformity with Agency rules.
COUNTY FEEDLOT POLLUTION CONTROL OFFICER: A County employee or officer who is knowledgeable in agriculture and who is designated by the County Board to receive and process animal feedlot permit applications.
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 and at any point extending more than three feet (3') above ground.
DEVELOPMENT: The performance of any building or mining operations, the making of any material change in the use of any structure or land, the parceling of land into one or more lots, tracts or parcels and the creation or termination of rights of access or riparian rights.
DEVELOPMENT ORDER: Any approval, conditional approval or denial of a development permit by the County Board of Commissioners, Planning Commission, Board of Adjustment, administrative officer or employee, board or individual responsible for administration of this Title.
DEVELOPMENT PERMIT: Any permit customarily called a building permit, zoning certificate, conditional use permit, subdivision plat, zoning amendment, certification, variance or other action having the effect of permitting development.
DIRECTOR: The Executive Director of the Minnesota Pollution Control Agency whose duties are defined in Minnesota Statutes Annotated section 116.03.
DOMESTIC FERTILIZER: A. Animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or
B. Animal manure that is used as compost, soil conditioners, or specialized plant beds.
DUPLEX, TRIPLEX AND QUAD: A dwelling structure on a single lot, having two (2), three (3), and four (4) units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
DWELLING, FARM: A single-family dwelling located on a farm which is used or intended for use by a farmer.
DWELLING OR DWELLING UNIT: A residential building or portion thereof including mobile homes, intended for occupancy by a single person or family but not including hotels, motels, boarding or rooming houses or tourist homes.
DWELLING SITE: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING, TRANSIENT LABOR: A freestanding mobile or permanent structure used or intended for habitation by transient agricultural labor.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam, water, television, telephone, sanitary or storm sewer distribution systems, including poles, wires, pipes, conduits, cables and accessory equipment in conjunction therewith, except buildings as are required for the protection of the public health, safety and general welfare.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes Annotated sections 93.44 to 93.51.
FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption, living together, or a group of not more than five (5) persons who need not be related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling unit.
FARM: Real property used for commercial agriculture or horticulture comprising at least thirty five (35) contiguous acres and which may contain other contiguous or noncontiguous acreage, all of which is owned, rented and operated by a single family, family corporation, individual, corporation or partnership.
FARM BUILDING: Any building or accessory structure other than a farm or nonfarm dwelling which is used in a farming implement storage building or milk house.
FARM HOMESTEAD: The site used for a farm dwelling and associated farm buildings occupied by a farmer or farm dwelling. All building sites classified by the County Assessor as farm homesteads shall be considered to meet the requirements of this provision.
FARMER: Any individual, partnership, association or corporation that cultivates, operates or manages a farm either as an owner or tenant.
FEEDLOT OPERATOR: An individual, a corporation, a group of individuals, a partnership or joint venture or any other entity having charge or control of one or more feedlots.
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 frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Clay County.
FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOODPROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. For the purpose of this Title, the classification of buildings and structures (FP-1 through FP-4) shall be as defined in section 210.1 of the 1972 edition and any amendments thereto of "Flood Proofing Regulations," as developed by the office of the Chief Engineers, U.S. Army, Washington, D.C.
FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
FOREST LAND CONVERSION: The clear-cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
HARDSHIP: The same as that term is defined in Minnesota Statutes Annotated chapter 394, as amended.
HOME OCCUPATION: An occupation, profession or craft which is customarily incidental to or carried on at a residential dwelling site or farm homestead and serving a local service area.
HOME OCCUPATION, RURAL: A home occupation customarily located in rural areas and which requires expanded operating facilities for commercial activities, but are limited by the provisions of this Title concerning their location. Rural home occupations include suburban home occupations.
HOME OCCUPATION, SUBURBAN: A home occupation customarily located in single-family subdivision development and is herein regulated by the provisions of this Title in order to limit the intensity and operating characteristics of commercial activities.
INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
INTERIM PERMIT: A permit issued by the Director or County Feedlot Pollution Control Officer which expires no longer than ten (10) months from the date of issue.
KENNEL: Any lot or premises on which four (4) or more dogs or cats of over three (3) months of age are kept or raised.
LAND USE: The development existing on land.
LOT: A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation, and which is of sufficient size to meet minimum requirements of this Title or, when used in reference to a feedlot, is an open air space designed to confine livestock.
LOT AREA: The area of a lot in a horizontal plane within the lot lines.
LOT CORNER: A lot which occupies the interior angle at the junction of two (2) intersecting street lines, which make an angle not exceeding one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot lines and the rear lot line of a lot.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and in the case of a corner lot, the shortest dimension on a public street which meets County specifications. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet (10') in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or rear lot line.
LOT OF RECORD: Any lot that has been recorded in the office of the County Recorder of Clay County, Minnesota, prior to the effective date hereof.
LOT WIDTH: The width of a lot along a line parallel to the frontage thereof and lying at a distance therefrom equal to the required setback on such lot.
MAINTENANCE OR MINOR REPAIRS: Includes nonstructural repair and structural alteration which does not expand the external dimensions of a building or structure.
MANURE STORAGE AREA: An area associated with an animal feedlot where animal manure or runoff containing animal manure is stored, temporarily, until it can be utilized as domestic fertilizer applied at agronomic rates or removed to a permitted animal manure disposal site. Examples include, but are not limited to; earthen basins or lagoons, concrete basins or lagoons, or commercial storage tanks. Animal manure packs or mounding within the animal feedlot shall not be considered to be manure storage for these parts.
MARKET VALUE: An estimate of what is a fair, economic, just and equitable value under normal local market conditions as arrived at by a consideration of prior sales of the property being acquired, reasonably recent and not forced. In the absence of accurate comparables (basis for past scales), market values may be determined through other means including calculations of replacement costs less depreciation.
MOBILE HOME: A dwelling unit designed for transportation after fabrication on streets and highways on its own wheels or on a flatbed or other trailer and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundation connections to utilities and the like.
MOBILE HOME PARK: Any premises larger than ten (10) acres on which lots are rented for the placement of at least the nontransient mobile homes occupied or to be occupied as dwelling units.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by the Agency for the purpose of regulating the discharge of pollutants from point sources including concentrated animal feeding operations.
NEIGHBORHOOD COMMERCIAL ESTABLISHMENTS: Establishments such as small retail business and personal service stores which provide services and products to the immediate residential neighborhood in which they are located. Such establishments should not be of a type that will generate an influx of consumers from outside areas. Such establishments must be arranged and designed to be functional and harmonious with the surrounding neighborhood.
NEW ANIMAL FEEDLOT: 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 five (5) years or more.
NONCONFORMING STRUCTURE: A structure or portion thereof lawfully existing on the effective date of this amendment and that does not conform to the dimensional and flood protection regulations (i.e., bulk, yard, setbacks, height, floodproofing, etc.) of the district in which it is located.
NONCONFORMING USE: A use of land, building or structures lawfully existing at the time of adoption of the Ordinance codified in this Title or amendment thereof which does not comply with all the provisions of this Title the applicable use regulations of the district in which it 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.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.
ORDINARY HIGH WATER LEVEL (OHWL): The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.
OWNER: All persons having possession, control, or title to an animal feedlot or other parcel of land as described in each specific section.
PARCEL OF LAND: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel.
PARKING SPACE: An off-street area of motor vehicles not less than ten feet by twenty feet (10' x 20') in area, having access to a public street or alley or private driveway. In determining the gross area required for a specified number of off-street parking places including driveways and aisles three hundred (300) square feet per space shall be used.
PASTURES: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices, corrals and pasture lanes.
POTENTIAL POLLUTION HAZARD: A condition which indicates a potential for pollution of the land or waters of the State including:
A. An animal feedlot or manure storage area whose boundaries are located within shoreland, flood plain, or are located in an area draining directly to a sinkhole or draining to an area with shallow soils overlying a fractured or cavernous rock, or are located within one hundred feet (100') of a water well; or
B. An animal feedlot or manure storage area whose construction or operation will allow a discharge of pollutants to surface waters of the State in excess of applicable standards, including, but not limited to, Minnesota Rules chapter 7050, during a rainstorm event of less magnitude than the 25-year, 24-hour event, or will allow uncontrolled seepage of pollutants into ground water, or will violate any applicable State rules.
POULTRY LOT: A confined area or structure used intensively for raising, feeding, breeding or holding chickens, turkeys and other poultry for eventual sale or the production of eggs, not including areas normally used for the growing of crops.
PRINCIPAL USE OR STRUCTURE: All uses or structures that are not accessory uses or structures.
PUBLIC WATERS: Any waters as defined in Minnesota Statutes Annotated section 105.37, subdivisions 14 and 15.
QUARTER QUARTER SECTION: An approximately forty (40) acre parcel of land constituting the northeast, northwest, southeast or southwest quarter of a quarter section in the United States Government System of Land Survey.
REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.
REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE): An elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
REPLACEMENT COSTS: The current cost of rebuilding a structure to its predamaged condition.
ROAD: A public thoroughfare twenty feet (20') in width or more in which supporting access by pedestrians and motor vehicles to abutting properties including without limitation streets, highways, freeways, parkways, thoroughfares, roads, avenues, boulevards, lanes or places, however described; however, not including privately owned driveways and access routes.
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 RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
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 a bluff, road, highway, property line, or other facility.
SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Title 6, Chapter 1 of this Code.
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.
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 fifty percent (50%) of the structure setback.
SHORELAND: Land located within the following distances from public waters:
A. One thousand feet (1,000') from the normal high water mark or a lake, pond, or flowage; and
B. Three hundred feet (300') from a river or stream.
The limits of shoreland may be reduced whenever the waters involved are bounded by natural topographic divides which extend landward for a lesser distance and when approved by the Commissioner of the Department of Natural Resources.
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 Minnesota Statutes Annotated section 307.08. An 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.
SINKHOLE: A surface depression which is connected to a cavernous bedrock (generally limestone) by a channel or collapse of the overlying formation.
SPECIAL FLOOD HAZARD AREAS: Any of the areas delineated on Flood Insurance Rate Maps or Flood Boundary and Floodway Maps as "Floodway" or "Floodway Fringe".
START OF CONSTRUCTION: The first placement of permanent construction on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading or filling; excavation for basement, footings, piers or foundations; installation of sewer, gas and water pipes or electric or other service lines from the street or existence on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not a part of the main structure.
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 over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more, that are not bluffs.
STREET CLASSIFICATION: All streets are to be considered classified under the following categories in the County Comprehensive Plan:
Arterial Street And Highways: Those which are used primarily for fast or heavy traffic.
Collector Street: Those which carry traffic from minor streets to the major system of arterial streets and highways, including principal entrance streets of a residential development and streets for circulation within such a development.
Minor Streets: Those which are used primarily for access to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STRUCTURAL ALTERATION: Any change, other than maintenance and minor repairs which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified elsewhere in this Title and other similar items.
SUBDIVISION: Land, vacant or improved, which is divided or proposed to be divided into lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land excluding a division of land for commercial agricultural purposes into lots or parcels of five (5) acres or more, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
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 conducting of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).
TOP OF THE BLUFF: The upper end of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%).
TRANSIENT AGRICULTURAL LABOR: Person employed in farming operations on the premises where housed or other lands owned by the owner of the premises, provided that said persons may be employed a maximum of eight (8) weeks.
VARIANCE: A modification of a specific permitted development standard required in an official control including this Title to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, but not including a use not permitted in the applicable district.
WETLAND: A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39, 1971 Edition and any amendments thereto.
YARD: An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Title.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such a lot is located.
YARD, REAR: A space extending between the rear line of the main building and the rear line of the lot and extending the full width of the lot. In the case of through lots and reversed frontage corner lots, there will be no rear yard. In the case of corner lots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior lot at the rear building line to the rear line of the half-depth front yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line (rear building line) of a required rear yard shall be parallel to the straight line so established.
YARD, SIDE: An open, unoccupied space on the same lot with a building, located between the building and the side lot line of the lot and extending from the front lot line to the rear lot line. (Amd. Ord., 5-25-1993; amd. 2000 Code)