Definitions. The definitions contained in this Section shall apply to all land use, zoning and subdivision regulations in the City Code.
1. “Accessory Use” or “Accessory Structure” – A use or Building on the same Lot with, and of a nature customarily incidental and subordinate to, the Principal Use or Structure.
[§ 7A-201 1 amended by Ord. No. 04-04, effective July 22, 2004.]
2. “Agriculture/Agricultural Use” - The use of land for farming, dairying, pasturage, agriculture, horticulture, aquaculture, apiculture, floriculture, viticulture, animal and poultry husbandry that is not a Feedlot, and the necessary accessory uses for packing, treating, or storing the produce, provided however, that:
(a) The operation of any such Accessory Uses shall be secondary to that of normal agricultural activities;
(b) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any Residential Zoning District;
(c) Agriculture does not include the operation or maintenance of an animal agriculture commercial stockyard or Feedlot. Such uses are defined and regulated as a Feedlot.
[§ 7A-201 2., amended by Ord. No. 89-1, effective July 21, 1989 and by Ord. No. 99-6, effective December 3, 1999.]
3. “Agricultural Preserves” – The land dedicated to encourage the maintenance of farming according to the Metropolitan Agricultural Preserves Ace. Minn. Stat. Chapter 473H.
[§ 7A-201 3., amended by Ord. No. 89-1, effective July 21, 1989 and Ord. No. 89-17, effective December 8, 1989, amended by Ord. No. 09-03, effective March 5, 2009.]
3.A. “Agricultural Use Zoning Permit” – A document issued by the Zoning Administrator authorizing the use of Lots, Structures, and Buildings for Agricultural Use.
[§ 7A-201 3.A added by Ord. No. 02-01, effective May 16, 2002.]
4. “Alteration” - Any change, addition, or modification in construction, or any change in the structural members of a building, such as bearing wall, columns, beams, or girders.
4.A. “Animal” – Any mammal, canine, feline, reptile, amphibian, fish, or bird.
[§ 7A-201 4.A, added by Ord. No. 96-7 effective Aug. 29, 1996, amended by Ord. No. 12-03, effective May 17, 2012.]
4.B. “Animal, Domestic” – Any animal of a species commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous, and non-constricting reptiles or amphibians, and other similar animals.
[§ 7A-201 4.B, formerly § 7A-201A 4.A, added by Ord. No. 91-2, effective June 12, 1992, amended by Ord. No. 12-03, effective May 17, 2012.]
4.C. “Animal, Farm” – Any animal of a species commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, llamas, ostriches, emus, burros, donkeys, and other animals associated with a farm, ranch, or stable.
[§ 7A-201 4.C added by Ord. No. 12-03, effective May 17, 2012.]
4.D. “Animal, Non-Domestic” – Any animal of a species commonly considered to be naturally wild and not naturally trained or domesticated, or of a species commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:
(a) Any member of the large cat family (family felidae), including lions, tigers, cougars, bobcats, leopards, and jaguars.
(b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
(c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
(d) Any member or relative of the rodent family including any skunk (whether or not de-scented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets.
(e) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles, and alligators.
(f) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this definition, including but not limited to bears, deer, monkeys, and game fish.
[§ 7A-201 4.C added by Ord. No. 12-03, effective May 17, 2012.]
4.E. “Animal Boarding Facility” – A commercial facility or service kept or maintained for the temporary care and socialization of live small domestic animals for an unspecified amount of time by a person other than the owner of the live animal. Animal boarding does not include facilities that provide breeding of animals, selling of animals, impounding or facilities whose primary source of revenue is licensed veterinarian services.
[§ 7A-201 4.E added by Ord. No. 23-01, effective May 4, 2023.]
4.F. “Animal Day Care Facility” – A commercial facility or service kept or maintained that provides temporary care of small domestic animals for periods not exceeding twelve (12) hours a day.
[§ 7A-201 4.F added by Ord. No. 23-01, effective May 4, 2023.]
4.G. “Animal Establishment, Other” – A commercial facility or service kept or maintained that breeds, raises, sells, boards, distributes or exhibits animals for entertainment or educational purposes including but not limited to kennels, aquariums, pet shops, petting zoos, riding schools or stables, zoological parks or performing animal exhibitions as licensed by the State of Minnesota.
[§ 7A-201 4.G added by Ord. No. 23-01, effective May 4, 2023.]
4.H. “Animal Grooming Facility” – A commercial facility or service kept or maintained where small domestic animals are bathed, clipped, shaved or combed, including accessory product sales, and including boarding for not more than twelve (12) hours, incidental and accessory to the grooming services.
[§ 7A-201 4.H added by Ord. No. 23-01, effective May 4, 2023.]
4.I. “Animal Training Facility” – A commercial facility or service kept or maintained, providing training of small domestic animals on a commercial basis, and including the boarding of small domestic animals accessory and incidental to the training services for periods not exceeding forty-eight (48) hours.
[§ 7A-201 4.I added by Ord. No. 23-01, effective May 4, 2023.]
4.J. “Animal Unit” – 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 rule, the following equivalents shall apply:
ANIMAL UNITS
1 mature dairy cow 1.4
1 slaughter steer or heifer 1.0
1 horse 1.0
1 swine weighing over 55 lbs. .4
1 swine weighing under 55 lbs. .05
1 duck .2
1 sheep .1
1 turkey .018
1 chicken .01
For other animals, the number of animal units shall be the average weight of the type of animal divided by 1,000 lbs.
[§ 7A-201 4.E, formerly § 7A-201 6.,which was added to Chapter 7A, by Ord. No. 99-6, effective December 3, 1999, amended by Ord. No. 12-03, effective May 17, 2012; renumbered 4J by Ord. No. 23-01, effective May 4, 2023.]
4.K. “Antenna” – Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
[§ 7A-201 4.C added by Ord. No. 12-03, effective May 17, 2012; renumbered 4K by Ord. No. 23-01, effective May 4, 2023.]
5. “Apron” – is the connection between a Driveway and a public right-of-way. The minimum design requirements for Aprons are shown and described in Illustration No. 4, Appendix “A” to this Chapter 7A.
[§ 7A-201 6, added to Chapter 7A, by Ord. No. 12-03, effective May 17, 2012.]
5.A. “Artisan Shop” – A retail store selling art works and other handcrafted items where the facility includes an area, not to exceed 50% of the total shop floor area for crafting of the items to be sold.
[§ 7A-201 5A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
5.B. “Asphalt/Concrete Production Facility” – A facility for the manufacturing of asphalt or concrete, including but not limited to office/laboratory and vehicle maintenance buildings, above ground storage tanks, storage silos, loading ramps, concrete and asphalt rubble recycling equipment, aggregate stockpiles and storage, and related equipment and uses, including the crushing and recycling of concrete and asphalt, as well as outdoor storage of asphalt, concrete, rock, sand, and necessary ancillary equipment.
[§ 7A-201 5A added to Chapter 7A by Ord. No. 17-03, effective December 21, 2017.]
6. “Automotive, Travel Trailer, Farm Implement, and Construction Machinery Sales” - The sale or rental of new or used motor vehicles, Mobile Homes, Travel Trailers, Farm Implements, and Construction Machinery, including repair and service.
[§ 7A-201 6, formerly § 7A-201 5, amended by Ord. No. 12-03, effective May 17, 2012; amended by Ord. No. 22-11, effective January 12, 2023.]
7. “Basement” - A portion of the Building partly underground but having less than half its clear height below the average Grade of the adjoining ground.
8. “Block” - A tract of land bounded by Streets, or a combination of Streets and public parks, Cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
8.A. “Brewery, Craft/Micro” – A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than .5% alcohol by volume, and which possesses the appropriate federal, state and municipal license and which produces more than 3,500 barrels of malt liquor in a calendar year.
[§ 7A-201 8A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
8.B. “Catering Business” – A business that prepares food and or beverages to be delivered off site for consumption with no on site retail sales other than operation of an affiliated mobile food unit.
[§ 7A-201 8B, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
8.C. “Contractor Shop” – An establishment primarily engaged in the on-site provision of services for the construction, maintenance, cleaning, or repair of buildings, building components, and properties on a fee or contractual basis and may include office for the purpose of such business. Such services may include, but are not limited to, plumbing, electrical, hearing and air conditioning, landscaping, roofing, painting, and general construction.
[§ 7A-201 8C, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
8.D. “Contractor Yard-Limited” – An establishment providing general contracting, building/site maintenance, or building construction services including but not limited to fleet vehicles, trailers, machinery, seasonal equipment and limited materials storage.
[§ 7A-201 8D, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
8.E. “Contractor Yard” – An establishment subject to an approved conditional use permit as of December 28, 2022 providing general contracting, building/site maintenance or building construction services including (but not limited to) outdoor storage or large construction equipment or machinery (loader, grader, bulldozer, scraper, crane, or similar), trailers, seasonal equipment, office space, fleet maintenance, and loose materials.
[§ 7A-201 8E, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
9. “Council” - The City Council of the City of Columbus. “City Council” is a synonymous term.
[§ 7A-201 9., formerly § 7A-201A 8., amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
9A. “Board of Adjustment and Appeals” - The board which has the responsibility for hearing and deciding appeals arising under the Zoning regulations contained in Chapters 7A and 7B. If the City Council has not appointed a separate Board of Adjustments and Appeals, then the City Council shall sit as the Board of Adjustments and Appeals and shall be the final arbiter of Zoning matters arising under this Code. The Board of Adjustments and Appeals shall have the powers and authority set forth in Minn. Stat. § 462.357 and § 462.359, as amended.
[§ 7A-201 9.A, formerly § 7A-201A 8.A, amended by Ord. No. 89-1, effective July 21, 1989 and Ord. No. 89-17, effective December 8, 1989.]
[§ 7A-201 9A amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007.]
[§ 7A-201 9A amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007.]
9A-1. “Broadcast Buildings” - Broadcast Buildings means buildings containing audio, video and satellite transmitting and receiving equipment and other related equipment and parts, including standby power generators and vehicles, used or useful for or in connection with continuous or stand-by use of Broadcast Tower or Accessory Equipment and Structures, and the use and operation of equipment contained in such Broadcast Buildings.
[§ 7A-201 9A-1, formerly § 7A-201A 8.A-1, added by Ord. No. 96-11, effective Feb. 13, 1998.]
9A-2. “Broadcast Tower” - Broadcast Tower means any tower, or towers, described in the original Conditional Use Permit issued hereunder to the property owner, greater than 150 feet in height above ground level used for continuous or stand-by broadcasting, transmitting, receiving or relaying of radio frequency signals.
[§ 7A-201 9A-2, formerly § 7A-201A 8.A-2 added by Ord. No. 96-11, effective Feb. 13, 1998.]
9B. “Buildable Area” is that portion of any Lot lying within the applicable setbacks which is not less than 5,000 square feet in area and which meets all of the following standards:
(a) The depth to width ratio of the area does not exceed 2:1 and is not less than 1:2.
(b) The area is contiguous with the Front Setback, or the area is connected to the Frontage by a contiguous Driveway, the design of which conforms to the Driveway Design Requirements contained in Section 7A-803 (C).
(c) No part of the area lies within the 100-Year Flood Plain.
(d) The lowest floor elevation of any building shall be governed by Section 7A-803. Where the home is built on a substantial slope, the lowest floor elevation may be reduced in cases to meet or exceed the minimum specifications of this Section consistent with Illustration No. 6, Appendix “A,” to this Chapter 7A, and in accordance with Section 1300.6100 of the State Building Code. Construction of homes on substantial slopes must comply with the following technical standards:
(i) Drain tile must be on the outside of the foundation and at a minimum four percent (4%) slope to daylight;
(ii) Drain tile must have a minimum four inch diameter;
(iii) Drain tile outlet to daylight must be a minimum of 20 feet from the foundation;
(iv) Geotextile fabric shall be MnDOT 3733 Type 1;
(v) Geotextile filter fabric must completely cover the rock;
(vi) Drainage rock shall be round river rock, washed and free of fine particles;
(vii) Drainage rock must completely surround the drain tile with four inches of rock below the pipe and a minimum of one foot above and on each side of the pipe;
(viii) Walkout door must have a minimum three foot separation to mottled soil except as provided in Section 7A-803(B);
(ix) A four percent slope grade must extend a minimum of 50 feet from the foundation.
[§ 7A-201 9.B, formerly § 7A-201A 8.B, amended by Ord. No. 97-3, effective June 13, 1997, amended by Ord. No. 16-03, effective February 4, 2016.]
(e) Any fill material used to elevate the area to meet the requirements of (a), (b), (c), or (d) above must be tested by a Minnesota Registered Engineer with credentials in soils engineering.
(f) If the Lot is to be used for a single family Dwelling of not more than four (4) bedrooms (in any Zoning District), the area must be large enough and correctly configured to accommodate the proposed house and Garage. If the proposed Dwelling exceeds four (4) bedrooms, the Buildable Area shall be increased above 5,000 square feet by 2,000 square feet for each such additional bedroom. If the proposed use includes construction of Accessory Buildings, the Buildable Area shall be increased above 5,000 square feet by two times (2x) the square footage of each Accessory Building.
(g) In addition to the Buildable Area required by this Section, the building must be large enough and correctly configured to accommodate the Soil Treatment Area designed to support individual on-site sewage disposal systems required by Chapter 14 of this City Code.
[§ 7A-201 9.B, formerly § 7A-201A 8.B, added by Ord. No. 89-15, effective December 29, 1989, Ord. No. 90-3, effective March 23, 1990, Ord. No. 96-6, effective Jan. 30, 1997, Ord. No. 91-2, effective June 12, 1992, and Ord. No. 02-01, effective May 17, 2002, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 16-03, effective February 4, 2016.]
[NOTE on § 7A-201A 8.B: In adopting Ordinance No. 91-2, the Town Board of Supervisors made findings that can be found in the ordinance history file.]
9C. “Buildable Area, Future” - A Future Buildable Area is any area of a Lot which meets all of the requirements for a Buildable Area, as described at paragraph 8B, above, except as to the elevation above the High Water Table. For an area to qualify as a Future Buildable Area, the entire area must be not less than two (2) feet above the High Water Table as determined by comparison of data from the various test holes and soil borings on the Lot. A Future Buildable Area may be created by filling and compaction. If a Future Buildable Area is created for subdivision approval purposes, the City may require that the sites be guaranteed in the Development Contract.
[§ 7A-201 9.C, formerly § 7A-201A 8.C, added by Ord. No. 91-2, effective June 12, 1992, amended by Ord. No. 07-02, effective March 1, 2007.]
10. “Building” - Any Structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind and includes any Structure.
11. “Building, Accessory” - A subordinate Building detached from, but located on the same Lot as the Principal Building, the use of which is incidental and accessory to that of the Principal Building or use. The term shall be liberally construed to include Pole Building construction, slab construction, and footing-foundation construction.
[§ 7A-201 11., formerly § 7A-201A 10., amended by Ord. No. 89-1, effective July 21, 1989.]
11A. “Building, Attached” – Any structure abutting or affixed to another structure, sharing a common wall(s) and a common footing(s).
[§ 7A-201 11A added by Ord. No. 04-04A, effective June 3, 2004]
[§ 7A-201 11A added by Ord. No. 04-04A, effective June 3, 2004]
12. “Building, Heights of” - The vertical distance measured from the average elevation of the proposed finished grade at the front of the Building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
13. “Building, Principal” - A Building in which is conducted the main or Principal Use of the Lot on which said Building is situated.
14. “Building Setback Line” - The line, established by this Ordinance, beyond which a Building shall not extend unless varied according to procedures in this Ordinance. Also called a “Building line.”
15. “Business, General” - Commercial uses which generally require locations on or near major Arterials and/or their intersections, and which tend, in addition to serving day-to-day needs of the neighborhood, to also supply the more durable and permanent needs of the whole community.
16. “Business Services” - Any profit-making activity which renders service primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.
17. “Cellar” - A portion of the Building partly underground, but having half or more of its clear height below the average Grade of the adjoining ground.
18. “Cemetery” - Land used or intended to be used for the burial of the human or animal dead and dedicated for Cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such Cemetery for which perpetual care and maintenance is provided.
19. “Channel” - A natural or artificial water course of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
20. “Characteristics of Use” - The use which is characteristic of the Principal Use of any area of land, a Building or Structure.
20.A. “Church” - Any organization, church, congregation, parish, diocese, ecclesiastical society, cathedral, synod, presbytery, conference, consociation, synagogue, mosque, or mission, formed and operating under MINN. STAT. chapter 315 or incorporated and operating under MINN. STAT. chapter 317A.
[§ 7A-201 20A., formerly § 7A-201A 19.A, amended by Ord. No. 96-3, effective Sept. 19, 1996.]
21. “Clinic” - A Building used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which Building does not provide board, room or regular hospital care and services.
22. “Club” - A Building or portion thereof or Premises owned or operated by a person for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
22.A. “Commercial Wireless Telecommunication Services” - Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services.
[§7A-201 22.A, formerly § 7A-201A 21.A added by Ord. No. 96-7, effective Aug. 29, 1996.]
22.B “Commercial Breeder” – A person involved in the breeding and selling of dogs, which activity is referred to as “Commercial Breeding.”
[§ 7A-201 22.B. added by Ord. No.12-03, effective May 17, 2012.]
22.C. “Commercial Boarding” – The boarding of dogs in a Dog Kennel for a fee. Commercial Boarding shall not include the temporary boarding of dogs or other domestic animals which are in treatment or post-surgical care in a veterinary clinic or animal hospital.
[§ 7A-201 22.C. added by Ord. No.12-03, effective May 17, 2012.]
23. “Comprehensive Plan” - A plan or any portion thereof, recommended by the Planning Commission and adopted by the City Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, parks, schools and transportation and other community facilities. “Comprehensive Land Use Plan” is synonymous with “Comprehensive Plan.”
[§ 7A-201 23., formerly § 7A-201A 22. amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
24. “Conditional Use” - A special use permitted within a District other than a principally permitted use, requiring a Conditional Use Permit and approval of the City Council.
[§ 7A-201 24., formerly § 7A-201A 23., amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
25. “Conditional Use Permit” - A permit issued by the City Clerk upon approval by the City Council to allow a use other than a principally permitted use to be established within the District.
[§ 7A-201 25., formerly § 7A-201A 24., amended by Ord. No. 89-1, effective July 21, 1989.]
[§ 7A-201 25 amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No., 07-02, effective March 1, 2007.]
[§ 7A-201 25 amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No., 07-02, effective March 1, 2007.]
26. “Cul-de-Sac” - See Street.
26.A. “Day Care” - Any child care service regulated under MINN. STAT. chapter 256H.
[§ 7A-201 26.A, formerly § 7A-201A 25.A amended by Ord. No. 96-3, effective Sept. 19, 1996.]
26.B. “Dog Kennel” – A residential or commercial facility in which four (4) or more dogs are kept.
[§ 7A-201 26.B. added by Ord. No.12-03, effective May 17, 2012.]
26.C. “Dog Kennel, Commercial” – A Dog Kennel located in commercial and industrial zoning districts allowing the boarding, breeding, training, and grooming of dogs for a fee. Boarding includes the temporary day time care of dogs and overnight care of dogs.
[§ 7A-201 26.C. added by Ord. No.12-03, effective May 17, 2012.]
26.D. “Dog Kennel, Residential” – A Dog Kennel in which a maximum of ten (10) dogs are kept. The number of dogs allowed is based upon the number of acres on which the Dog Kennel is located. Breeding, training and showing are allowed in a Residential Dog Kennel, but not Commercial Boarding.
[§ 7A-201 26.D. added by Ord. No.12-03, effective May 17, 2012.]
26.E. “Dog Kennel Permit” – The formal authorization to operate a Dog Kennel. A Residential Dog Kennel requires an Interim Use Permit. A Commercial Dog Kennel requires either a Conditional Use Permit or Interim Use Permit, depending upon the particular zoning district requirements.
[§ 7A-201 26.E. added by Ord. No.12-03, effective May 17, 2012.]
27. “Density” - A unit of measurement; the number of Dwelling Units per acre of land.
(a) Gross Density - The number of Dwelling Units per acre of total land to be developed including Public Right-of-Way Frontage Street only.
(b) Net Density - The number of Dwelling Units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding Public Right-of-Way.
28. “District” - A part of the city wherein restrictions of this Ordinance are uniform.
[§ 7A-201.28 amended by Ord. No. 07-02, effective March 1, 2007.]
29. “Driveway” - A private access to a Lot, access to the buildable area on a Lot, or access to a use located on such Lot from a public street or private street in such districts where private streets are allowed.
[§ 7A-201 29, formerly § 7A-201A 28., amended by Ord. No. 91-2, effective June 12, 1992, amended by Ord No. 08-03, effective April 17, 2008.]
30. “Dwelling” - A fixed Structure or Building, containing one (1) or more Dwelling Units.
31. “Dwelling, Single Family” - See Dwelling Unit.
[§ 7A-201 31 amended by Ord. No. 04-04A, effective June 3, 2004]
[§ 7A-201 31 amended by Ord. No. 04-04A, effective June 3, 2004]
32. “Dwelling Unit” – A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses, or tourist homes. There are three (3) principal types:
“Single-family detached” – A freestanding residential structure designed for or occupied by one (1) family only.
“Single-family attached” – A residential building containing two (2) or more dwelling units with one (1) common wall.
a. “Duplex” - A residential building designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each, and each unit oriented as to have all exits open to the outside.
b. “Townhouse” - A residential building containing two (2) or more dwelling units of not more than two (2) stories, each sharing one (1) common wall or in close proximity of each other, such structures to be of the town or row house type with separate housekeeping and cooking facilities for each, and each unit oriented as to have all exits open to the outside.
c. “Single-family accessory” - A residential use, when authorized, which is accessory and incidental to a residential or commercial principal use, designed for one (1) individual or one (1) family, with or without separate housekeeping facilities, cooking facilities, and separate exit in a residential principal structure, but with separate housekeeping facilities, cooking facilities, and separate exit in a commercial principal structure.
[§ 7A-201 32. formerly Chapter 7, Article II, § 201, amended by Ord. No. 82-3, effective September 8, 1982; and Ord. No. 03-03, effective June 19, 2003, amended by Ord. No. 04-04A, effective June 3, 2004.]
33. “Easement” - An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.
33.A. “Equipment Sales, Rental and Repair” – An establishment primarily engaged in buying, selling, leasing, wholesaling, brokering, repair and service of manufactured products including but not limited to machinery, containers, farm implements, tools, and trailers and shall not include wrecking or dismantling, scrapping or salvage operations.
34. “Essential Services” - The erection, construction, Alteration, or maintenance of gas, electrical, communication facilities, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems. Such systems may include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories, but shall not include Buildings, which are necessary for the furnishing of such services.
34.A. “Expansion, Replacement and Modification of Conditional Use” - The Expansion, Replacement and Modification of Conditional Uses means expansion, replacement, modification or addition of a Broadcast Tower, if such Broadcast Tower was described in the original Conditional Use Permit issued hereunder to the property owner, as well as the expansion, replacement, modification or addition of Broadcast Buildings, and Related Broadcast Uses provided that said expansion, replacement, modification or addition does not result in a failure to satisfy any of the required standards under Section 7A-835.
[§ 7A-201 34.A, formerly § 7A-201A 33.A, added by Ord. No. 96-11, effective Feb. 13, 1998.]
35. “Family” - One or more persons occupying a single Dwelling Unit, provided that unless all members are related by blood, adoption, or marriage, no such Family shall contain over five (5) persons living together as a single economic housekeeping unit.
[§ 7A-201 35., formerly § 7A-201A 34., amended by Ord. No. 89-1, effective July 21, 1989.]
36. “Farm” - An area consisting of ten (10) or more acres used for agricultural operations including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry.
37. “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 vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered Feedlots. Fish farms [aquaculture] shall not be considered Feedlots.
[§ 7A-201 37., added by Ord. No. 99-6, effective December 3, 1999.]
38. “Fence” - A structure, including entrance and exit gates, designed and constructed for enclosure or screening. Fences six (6) feet in height or less are permitted in each zoning district, except where specifically restricted.
[§ 7A-201 38., formerly § 7A-201A 36., amended by Ord. No. 89-1, effective July 21, 1989.]
[§ 7A-201 38 amended by Ord. No. 04-04, effective July 22, 2004.]
[§ 7A-201 38 amended by Ord. No. 04-04, effective July 22, 2004.]
38A. “100-Year Flood Plain” - The areas adjoining a water course which have been or hereafter may be covered by a “regional flood” as defined in Minn. Rules, Part 6120.5000, Subpart 21, as amended. The boundary of the 100-Year Flood Plain shall be determined by reference to the Flood Insurance Rate Maps promulgated by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, Federal Insurance Administration, U.S. Department of Housing and Urban Development, Community Panel Numbers 270005-0050A and 270005-0100A, effective January 16, 1980.
[§ 7A-201 38.A, (formerly § 7A-201A 36.A, added by Ord. No. 89-15, effective December 29, 1989 and Ord. No. 02-01, effective May 17, 2002, amended by Ord. No. 09-03, effective March 5, 2009.]
39. “Floor Area, Gross” - The sum, in square feet, of the floor areas of all roofed portions of a Building, as measured from the interior faces of the exterior walls. It includes the total of all space on all floors of a Building. It does not include porches, garages, or space in a Basement or Cellar when said Basement or Cellar space is used for storage or other such incidental uses. The Gross Floor Area is generally applied in residential use.
40. “Floor Area, Net” - The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts, and rooms, storage spaces, display windows, fitting rooms, etc., in a non-residential Building. The net area is used in calculating parking requirements.
41. “Floor Area, Usable” - Same as Gross Floor Area.
42. “Floor Area Ratio” - The floor area of the Building divided by the area of the Lot on which such Building is located.
43. “Food Processing” - The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, etc.
44. “Frontage, front, rear” - “Frontage” is the width of a Lot measured on the line separating it from a Public Street or right-of-way. “Front” is the end of the Building or end of the Lot which most closely faces the Frontage. “Rear” is the opposite of front.
[§ 7A-201 44., formerly § 7A-201A. 42, amended by Ord. No. 89-1, effective July 21, 1989.]
45. “Garage, Private” - An Accessory Building, or an accessory portion of the Principal Building, that is stick-built with a concrete floor and used for storing or parking of automobiles, Recreational Vehicles and/or boats of the occupants of the Premises and wherein not more than one (1) space is rented for parking to a person not resident on the Premises.
[§ 7A-201 45, amended by Ord. No. 13-01, effective January 31, 2013.]
46. “Garage, Public” - A Principal or Accessory Building other than a Private or Storage Garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
[§ 7A-201 46., formerly § 701-A.44, amended by Ord. No. 89-1, effective July 21, 1989.]
47. “Garage, Storage” - Any Building or Premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
48. “Grade” - The average level of the finished surface of ground adjacent to the exterior walls of the Building.
48A. “High Water Table” - The highest in elevation of any of the following:
(a) Water in a test hole;
(b) Mottled soil;
(c) The elevation which is 1.0 feet below that portion of the 100-Year Flood Plain which lies within a 1,000 foot radius of the site being tested or evaluated;
(d) The high water mark of that portion of a lake, stream or wetland which lies within a 1,000 foot radius of the site being tested or evaluated; or
(e) As demonstrated by a geotechnical engineer’s report by use of piezometers over a minimum period of twelve (12) months, subject to the City Engineer’s discretion.
[§ 7A-201 48.A, formerly § 7A-201A 46.A: added by Ord. No. 89-15, effective December 29, 1989; amended by Ord. No. 90-5, effective August 17, 1990, amended by Ord. No. 18-01, effective May 31, 2018.]
49. “Home Occupation” - An occupation or business or activity intended to generate a profit full or part time, and conducted within a Dwelling Unit or permitted accessory structure, or both, by a resident of the premises, provided that:
(a) No persons other than members of the Family who reside on the Premises shall work at the Premises;
(b) The use of the Dwelling Unit for the Home Occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, shall not change the residential character thereof and shall not result in incompatibility or disturbance to surrounding residential uses;
(c) Not more than twenty percent (20%) of floor area of the Dwelling Unit shall be used in the conduct of the Home Occupation, and not more than fifty percent (50%) of the floor area of any garage or Accessory Building shall be used in the conduct of the Home Occupation, all permitted Home Occupations shall be conducted entirely within the Dwelling Unit, garage or existing Accessory Buildings;
(d) The Home Occupation shall meet all applicable fire and building codes for residential properties and shall comply with any State of Minnesota, Anoka County, or City licensing requirements;
(e) There shall be no change in the outside appearance of the Building or Premises, or other visible evidence of the conduct of such Home Occupation other than one (1) sign not exceeding two (2) square feet in area, with a vertical length of not more than four times the horizontal width, non-illuminated, and mounted flat against the wall of the Principal Building;
(f) No Home Occupation shall require internal or external alterations or involve construction features not customarily found in Dwelling Units;
(g) No traffic shall be generated by such Home Occupation in greater volume than would normally be expected to a residence in a residential neighborhood, and the Driveway shall be designed accordingly;
(h) Home Occupations Parking lots shall not exceed create a parking demand that cannot be accommodated by the Driveway or within a parking area with a maximum of two (2) stalls. The parking area shall not be located within twenty (20) feet of any Lot line and must be located at the side of or the rear of the Dwelling Unit;
(i) No equipment, activity, or process shall be used in such Home Occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the Lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the Premises, or cause fluctuations in line voltage off the Premises;
(j) The hours open to the public shall be limited to between 7:00 am and 10:00 pm on weekdays, 9:00 am to 10:00 pm on weekends;
(k) No exterior storage of equipment or materials used in the Home Occupation is permitted, except personal automobiles used in the Home Occupation may be parked on the Property;
(l) Outdoor Parking of a single commercial vehicle registered to an occupant of the residence is permitted. No occupant may park outdoors more than one vehicle used in the home occupation. All Parking must comply with the City’s nuisance regulations in Section 5-505 of the City Code;
(m) The property on which a Home Occupation is proposed must be in conformance with all minimum dimensional standards required in Section 7A-801.
Remote workers providing services for companies with headquarters or local offices outside the RR District are not subject to the requirements or limitations of the Home Occupation provisions.
[§ 7A-201 49., amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 92-1, effective June 12, 1992 and amended by Ord. No. 00-06, effective August 17, 2000, amended by Ord. No. 08-03, effective April 17, 2008; amended by Ord. No. 23-09, effective November 2, 2023.]
50. “Hotel or Motel and Apartment Hotel” - A Building in which lodging and boarding are provided and offered to the public for compensation. As such it is open to the public in contra-distinction to a rooming house, boarding house, lodging house, or dormitory which is herein separately defined.
51. “Institution” - Building(s) and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
52. “Junk” - Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered Junk. Common examples of Junk include wrecked vehicles, scrap metal, scrap paper and rags, rubber tires, scrap plastic, and scrap glass.
[§ 7A-201 52., formerly § 7A-201A 50., amended by Ord. No. 89-1, effective July 21, 1989.]
53. “Junk Buildings, Junk Shops, Junk Yards” - Any land, property, Structure, Building or combination of the same, on or in which Junk is stored or processed.
[§ 7A-201 53., formerly § 7A-201A 51., amended by Ord. No. 89-1, effective July 21, 1989.]
54. “Kennel” - Any Premises where four (4) or more animals over six (6) months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment.
54.A. “Lighting Fixtures, Outdoor” – Any type of fixed or movable lighting equipment that is designed or used for illumination outdoors. The term includes billboard lighting, building lighting, parking lot lighting, streetlights, searchlights, and other lighting used for advertising purposes and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles, lighting required for the safe operation of aircraft, or lighting installed for the illumination of flagpoles.
54.B. "Limited Production/Processing" - Light manufacturing, fabrication, assembly, processing, packaging, research, development, or similar principal or primary uses which are predominately conducted indoors, and which would not be incompatible with other office, retail, and service uses that may be in the same building or complex. Limited production/processing does not include industrial processing from raw materials.
[§ 7A 201 54B, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
55. “Loading Space, Off-Street” - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required Off-Street Parking Spaces are filled. Required Off-Street Loading Space is not to be included as Off-Street Parking Space in computation of required Off-Street Parking Space. All Off-Street Loading Spaces shall be located totally outside of any Street or Alley right-of-way.
56. “Lot” - For the purposes of this Ordinance, a Lot is a parcel of land of sufficient size to meet minimum Zoning requirements for use, coverage, and area, and to provide such Yards and other open spaces as are herein required. Such Lot shall have Frontage on an improved Public Street, or on an approved private Street, and shall be defined as: An area, parcel, tract, or portion of land which is separate from other parcels of land, and has been legally described:
(a) As an individual parcel by metes and bounds description in a recorded instrument of conveyance; or,
(b) By recorded plat; or
(c) By government survey; or
(d) By Auditor’s Subdivision, or by Auditor’s property tax identification number (unless such Auditor’s property tax identification number is assigned to two or more noncontiguous and nonconterminous parcels of land).
The words “Lot,” “area,” “parcel,” and “tract” are synonymous and may be used interchangeably. For the purposes of this chapter, a “single Lot” or a “single parcel” or a “parcel of record” or a “Lot of record” shall be the whole parcel that is identified by at least one of the above definitions of “Lot.”
[§ 7A-201 56., formerly § 7-201A 54., amended by Ord. No. 89-1, effective July 21, 1989.]
57. “Lot Area” – The area of any lot shall be determined inclusive of the frontage street right-of-way only if said frontage street is a city road, and exclusive of all areas lying within the right-of-way of a county, state, or federal road, except the lot area of residentially-zoned platted lots shall be inclusive of any adjacent platted or deeded right-of-way to 0.17 acres for the purposes of determining allowed accessory structures and animals.
[§ 7A-201 57., formerly § 7A-201A 55., amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 18-02, effective July 5, 2018.]
58. “Lot Coverage” - The ratio of enclosed ground floor area of all Buildings on a Lot to the horizontally projected area of the Lot, expressed as a percentage.
59. “Lot Frontage” - The front of a Lot shall be construed to be the portion nearest the Street. For the purpose of determining Yard requirements on corner Lots and through Lots, all sides of a Lot adjacent to Streets shall be considered Frontage, and Yards shall be provided as indicated under “Yards” in this Section.
60. “Lot Line, Front” - Lot line(s) bounding a Lot as follows: Interior Lot - The line separating the Lot from the Street. Corner or Through Lot - The line separating the Lot from either Street.
61. “Lot Line, Rear” - The boundary of a Lot which is more distant from and is, or is more nearly parallel to the Front Lot Line. In the case of a triangular or irregular-shaped Lot, an imaginary line between the side Lot lines parallel to the Front Lot Line, ten (10) feet long, lying farthest from the Front Lot Line. On a corner Lot, the Rear Lot Line shall be opposite the Front Lot Line of least dimension.
62. “Lot Line, Side” - Any boundary of a Lot which is not a Front Lot Line or Rear Lot Line.
63. “Lot, Measurement of” - A Lot shall be measured as follows:
(a) Depth - The distance between the mid-points of straight lines connecting the foremost points of the Side Lot Lines in front and the rearmost points of the Side Lot Lines in the rear.
(b) Width - The distance between straight lines connecting front and Rear Lot Lines at each side of the Lot, measured at the Building Setback Line.
[§ 7A-201 63., formerly § 7A-201A 61., amended by Ord. No. 89-1, effective July 21, 1989.]
64. “Lot Types” - Terminology used in this Ordinance with reference to different types of Lots is as follows:
(a) Corner Lot - A Lot located at the intersection of two (2) or more Streets. A Lot abutting on a curved Street or Streets shall be considered a Corner Lot if tangent projections of the Front Lot Lines drawn perpendicular at the Side Lot Lines meet at an interior angle of less than 135 degrees in front of the Lot.
(b) Interior Lot - A Lot with only one Frontage on a Street.
(c) Through Lot - A Lot other than a Corner Lot with Frontage on more than one (1) Street. Through Lots abutting (2) two Streets may be referred to as double Frontage Lots.
(d) Reversed Frontage Lot - A Lot which Frontage is at right angles to the general pattern in the area. A Reversed Frontage Lot may also be a Corner Lot.
64.A. "Low impact, High technology manufacturing" - An establishment engaged in the manufacture or assembly of high value-added technology products in a manner that does not create negative impacts on surrounding uses due to odors, smoke, dust, noise, vibration or other factors. Examples of high technology manufacturing that may also be low impact include, but are not limited to, the manufactures or assembly of computer components and medical devices.
[§ 7A 201 64A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
64.B. "Mineral Extraction" - The commercial removal, processing, and transportation of sand, gravel, rock, clay, peat, soil, and other minerals from the ground.
64.C “Lumen” – A unit of luminous flux. One foot-candle is one lumen per square foot. For purposes of this ordinance, the lumen-output values are the initial lumen-output rating of the lamp.
64.D. “Luminaire” – A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
64.E. “Luminaire, Cutoff” – A luminaire in which 2.5 percent or less of the lamp lumens are emitted above a horizontal plane through the luminaire’s lowest part and ten percent or less of the lamp lumens are emitted at a vertical angle 80 degrees above the luminaire’s lowest point.
64.F. “Machinery and Equipment Repair, Heavy” – The repair, servicing, maintenance, and reconstruction of machinery and equipment typically utilized by manufacturing and industrial establishments including: tool repair services, machine shops, welding shops, and other repair services similar in nature to those above.
[§ 7A-201 64F, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
65. “Maintenance and Storage Facilities” - Land, Buildings, and Structures devoted primarily to the maintenance and storage of construction equipment and material.
66. “Manufacturing” - Manufacturing, processing, assembling, storing, testing, and similar industrial uses which may possibly generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not in excess of the performance standards in this Ordinance and not beyond the District boundary.
66.A. “Manufacturing-Light” – The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; testing facilities and laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of surgical instruments; processing, and packing of food products or cosmetics; and manufacturing of component, jewelry, clothing, trimming decorations and any similar item.
[§ 7A-201 66A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
66.B. “Manufacturing-Heavy” – Manufacturing, assembly, processing, research, development, or similar uses which may involve raw materials and have the potential to produce objectionable influences on surrounding properties or adverse effects on the environment. Manufacturing production and processing uses require special measures and careful site selection to ensure compatibility with the surrounding area.
[§ 7A-201 66B, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
66.C. “Mottled Soil” - The presence of chemical oxidation and reduction activity, appearing as splotchy patches of red, brown, orange, or gray, or any combination thereof in the soil.
[§ 7A-201 66.A formerly § 7A-201A 64.A, added by Ord. No. 89-15, effective December 29, 1989.]
66.D. “Municipal Buildings and Facilities” – City owned buildings and facilities including but not limited to administrative buildings, public works buildings and facilities, public safety buildings and facilities, and public utilities including but not limited to City owned sanitary sewer, storm sewer, water mains, pumping facilities, treatment facilities, ponds, structures, buildings, and related appurtenances.
[§ 7A-201 66.B, added by Ord. No. 07-03, effective July 26, 2007.]
67. “Nonconforming Use” - A Building, Structure, site plan, setback, or use of land existing at the time of enactment of this Ordinance, and which does not conform to the new regulations of the District in which it is situated.
68. “Nursery, Plant Materials” - Land, Buildings, Structures, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the Premises including products used for gardening and landscaping.
68.A. “Office Showroom” – A facility in which the handling of information or the performing of administrative services is conducted as a principal use; including services provided to persons both on-site and off-site on a walk-in or appointment basis. Up to 25% of the gross floor area of the structure may be used for the display of merchandise and equipment, and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse.
[§ 7A-201 68A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
69. “Open Space” - A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include along with the natural environmental features, water areas, swimming pools, tennis courts, and other Recreational Facilities that the Planning Commission deems permissible. Streets, parking areas, Structures for habitation, and the like shall not be included in Open Space area calculations.
70. “Ordinance” - Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any Ordinance. The term “this Ordinance” shall be a synonymous term with “this Chapter” and with “Chapter 7A.”
[§ 7A-201 70., formerly § 7A-201A 68., amended by Ord. No. 89-1, effective July 21, 1989.]
71. “Parking Space, Off-Street” - For the purposes of this Ordinance, an Off-Street Parking Space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a Public Street or Alley and maneuvering room, but shall be located totally off Public Right-of-Way.
72. “Parking Stall” - The area required for parking one (1) automobile, with its attendant maneuvering room. The area required for a parked car is to be ten (10) feet wide and twenty-two (22) feet long.
73. “Performance Bond or Surety Bond” - An agreement by a subdivider or developer of the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider’s agreement or guaranteeing the performance of the conditions of a Conditional Use Permit.
[§ 7A-201 73 amended by Ord. No. 07-02, effective March 1, 2007.]
74. “Personal Services” - Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
74.A. “Pole Barn or Pole Building” - These terms are synonymous and shall be liberally interpreted to include any Building constructed without foundation and supported by poles.
[§ 7A-201 74.A, formerly § 7A-201A 72.A, amended by Ord. No. 89-1, effective July 21, 1989.]
74.B. “Preschool” - Any nursery school or preschool regulated under MINN. STAT. chapter 256H.
[§7A-201 74.B, formerly § 7A-201A 72.B, amended by Ord. No. 96-3, effective Sept. 19, 1996.]
75. “Premises” - One or more Lots which are in the same ownership and are contiguous or separate only by a road or waterbody, including all Buildings, Structures, and improvements.
76. “Principal Building” - The Building in which the Principal Use of the Lot is conducted.
77. “Principal Use” - The primary use to which the Premises are devoted, and the main purpose for which the Premises exist.
78. “Professional activities” - The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, and similar professions.
79. “Prohibited Use” - A use not listed as a permitted use, Interim Use or a Conditional Use is deemed prohibited for a certain District and is not to be allowed to locate in said District except as specified under nonconformities.
[§ 7A-201 79., formerly § A-7A-201A 77., amended by Ord. No. 89-1, effective July 21, 1989, and Ord. No. 02-01, effective May 17, 2002.]
80. “Public Right-of-Way” - A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a transportation facility.
81. “Public Service Facility” - The erection, construction, alteration, operation, or maintenance of Buildings, power plants, or substations, water treatment plants, or pumping stations, sewage disposal, or pumping plants and other similar public service Structures by a Public Utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, water and sewage services.
82. “Public Uses” - Public parks, schools, administrative and cultural Buildings and Structures, not including public land or Buildings devoted solely to the storage and maintenance of equipment and materials, and public services facilities.
83. “Public Utility” - Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, cable communications, water or sewage system to the public under public regulations.
[§ 7A-201 83., formerly § 7A-201A 81., amended by Ord. No. 89-1, effective July 21, 1989.]
84. “Quasi-Public Use” - Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
84.A. “Recreation Facility, Commercial” – A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities operated as a business and open to the public for a fee.
[§ 7A-201 84A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
85. “Recreational Equipment, Major” - Equipment which must be hauled on a trailer with two (2) or more wheels or which has two (2) or more wheels attached, or which is self-propelled with wheels, including boats, trailers, and Recreational Vehicles.
86. “Recreational Facilities” - Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and extent of uses. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, and bowling alleys.
87. “Recreational Vehicle (RV)” - A vehicle primarily designed as a temporary living quarters for recreation, camping or travel, either with its own motor power or mounted on or towed by another powered vehicle.
87.A. “Related Broadcast Uses” - Related Broadcast Uses means all anchors and guy wires necessary to stabilize a Broadcast Tower or Accessory Equipment and Structures, as well as access roads and vehicular parking areas serving the use of a Broadcast Tower, Accessory Equipment and Structures, Buildings and outside storage of materials and refuse.
[§ 7A-201 87.A, formerly § 7A-201A 85.A, added by Ord. No. 96-11, effective Feb. 13, 1998.]
88. “Replacement Cost” - The sum of money which would be required to re-erect a Structure identical to the one in question.
88.A. “Required Yard” – A portion of the front yard, side yards, or rear yard which is required by setbacks.
[§ 7A-201 88.A, added by Ord. No. 02-01, effective May 17, 2002.]
89. “Research Activities” - Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.
[§ 7A-201 89., formerly § 7A-201A 87., amended by Ord. No. 89-1, effective July 21, 1989.]
90. “Residential Zone Business” - Any occupation or business which is clearly accessory to and incidental to the principal residential use of property in the Rural Residential District operating pursuant to an Interim Use Permit approved by the City Council prior to November 1, 2023 and subject to a Development Agreement governing the permitted term of the Interim Use.
[§ 7A-201 90., formerly § 7A-201A 47.B), amended by Ord. No. 89-1, effective July 21, 1989 and Ord No. 00-06, effective August 17, 2001, amended by Ord. No. 08-03, effective April 17, 2008; amended by Ord. No. 23-09; effective November 2, 2023.]
91. “Roadside Stand” - A temporary Structure designed or used for the display or sale of agricultural and related products, or novelties and other items of interest, to the motoring public.
91.A. “Salvage Operations” – A commercial use where the salvaging, scavenging, or recycling of any goods including motor vehicles, motor vehicle parts, appliances, batteries, tires, or general recycling of items such as aluminum cans, paper, or glass and plastic bottles is conducted.
[§ 7A-201 91A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
91.B. “School” - Any elementary school, middle school and/or secondary school with building(s), equipment, courses of study, class schedules, enrollment of students in grades K through 12 or any portion thereof, and staff, meeting the standards established by the state board of education.
[§ 7A-201 91.A, formerly § 7A-201A 88.A, amended by Ord. 96-3, effective Sept. 19, 1996.]
92. “Screening” - A Structure erected or vegetation planted for concealing an area from view.
93. “Seat” - For purposes of determining the number of Off-Street Parking Spaces for certain uses, the number of Seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs.
94. “Service Station, Automobile” - Any land, Building, Structure or Premises used for the sale at retail of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles, or for installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, Public Garages, and the open storage of rental vehicles or trailers.
95. “Setback” – the minimum horizontal distance between a building and public right-of-way or private street easement, lot line, ordinary high water mark or bluff line. Distances are to be measured from the most outwardly extended portion of the structure, except as may be specifically provided for in this ordinance.
[§ 7A-201 95., added by Ord. No. 02-01, effective May 17, 2002, amended by Ord. No. 08-03, effective April 17, 2008.]
95.A. “Setback Line” – a line established by the Zoning Ordinance, generally parallel with and measured from the Lot Line, edge of the public right-of-way, or edge of a private street easement, defining the limits of a Required Yard, in which no Building or structure can exist, with the exception of signs and fences, and in cases where they may be specifically provided for in this ordinance.
[§ 7A-201 95.A, formerly § 7A-201A 94., amended by Ord. No. 02-01, effective May 17, 2002, amended by Ord. No. 08-03, effective April 17, 2008.]
96. “Slaughterhouse” – Any Premises which is used for killing, butchering, or processing of more than one Animal Unit per month, except under the following circumstances:
(a) When no persons other than residents of the Premises, their relatives and bona fide guests will consume any portion of the animal;
(b) Butchering or slaughtering of animals for which a hunting or fishing license is required, during the season for those animals or within five days following the end of the season, when such animals are killed by a person holding a valid hunting or fishing license for the animal killed;
(c) Upon a Premises in Agricultural Use, the killing, butchering, or processing of animals raised on the Premises for a period of not less than three months prior to the killing.
[§ 7A-201 96. added by Ord. No. 01-03, effective May 17, 2001.]
97. “Sewers, On-site” - A septic tank and drainfield or similar installation on an individual Lot which utilizes an equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
98. “Sidewalk” - That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
99. “State” - The State of Minnesota.
100. “Story” - That part of a Building between the surface of a floor and the ceiling immediately above; or if there is a floor above; the portion of a Building between the surface of any floor and the surface of the floor next above. A Basement shall be counted as a Story and a Cellar shall not be counted as a Story.
101. “Street” - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term “Street” also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place and other such terms.
The recommended usage is:
-highway or street in urban areas.
-highway or road in rural areas.
(a) Alley - A Street intended to provide access to the rear or side of Lots or to Buildings in urban areas and not intended for the purpose of through vehicular traffic.
(b) Arterial - A system of Streets and roads which form an integrated network of continuous routes primarily for through traffic. The “Arterial” system is stratified into “major” and “minor” categories:
(i) Major - Serves corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connects major population centers in rural areas; or serves major population centers in rural areas; or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.
(ii) Minor - Links other cities, large towns and traffic generators, and provides a substantial amount of interstate and intercounty service in rural areas or interconnects and augments with the principal Arterials to provide service to trips of moderate length for intra-community continuity in urban areas.
(c) Collector - A system of Streets and roads which generally serve travel of primarily intra-area and intra-county importance with approximately equal emphasis to traffic circulation and land access service.
(d) Cul-de-Sac - A local Street open at one end only and with a special provision for vehicles turning around.
(e) Dead-end - A local Street open at one end only and without a special provision for vehicles turning around.
(f) Frontage - A local Street or road auxiliary to and located on the side of an Arterial for service to abutting property and adjacent areas, and for control of access. (Sometimes also called a “marginal access Street.”)
(g) Highway - A term applied to Streets and roads that are under the jurisdiction of the Minnesota State Highway Commission.
(h) Local - A system of Streets and roads which primarily provides land access service and access to higher order systems.
(i) Loop - A Local Street with both terminal points on the same Street of origin.
(j) Partial - A dedicated right-of-way providing only a portion of the required Street width, usually along the edge of a subdivision or tract of land.
(k) Perimeter - Any existing Street to which the parcel of land to be subdivided abuts on only one (1) side.
(l) Private - A Local Street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
(m) Public - A Street under the control of and kept by the public, established by regular governmental proceedings for the purpose, or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.
102. “Structure” - Anything constructed or erected with a fixed location on or in the ground; or attached to something having a fixed location on the ground. Among other things, Structures include Buildings, walls, decks, swimming pools, and tennis courts.
[§ 7A-201 102., formerly § 7A-201A 98., amended by Ord. No. 89-1, effective July 21, 1989.]
103. “Supply Yard” - A commercial establishment storing and offering for sale Building supplies, steel, coal, heavy equipment, feed and grain, and similar goods.
104. “Swimming Pool, Private” - A swimming pool used exclusively by the residents and guests of a single household, a multi-family development, a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use without paying an additional charge for admission.
(a) “Inground Swimming Pool” – A swimming pool with sidewalls which are not exposed and are entirely below the surrounding grade.
(b) “Aboveground Swimming Pool” – A swimming pool with any part of any sidewall exposed above the surrounding grade level.
[§ 7A-201 104 amended by Ord. No. 23-05, effective August 31, 2023.]
104.A. “Tower” - Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. This definition shall not apply to any radio tower which is used for commercial broadcasting purposes and is more than 150 feet in height.
[§ 7A-201 104.A, formerly § 7A-201A 100.A, added by Ord. No. 96-7, effective Aug. 29, 1996.]
105. “Travel Trailer” - A vehicle or other portable Structure designed to move on the Highway, not under its own power, and designed or used as a temporary Dwelling.
106. “Truck Transfer” - A facility primarily for the purpose of parking, storing, switching, or maintaining cargo trucks; any truckyard or trucking use not otherwise categorized as a Truck Terminal.
107. “Truck Terminal” - A facility, including a warehouse for temporary storage, where the primary activity is, and is intended to be, the transfer of cargo to trucks from other forms of transportation, to other forms of transportation from trucks, or from trucks to trucks.
[§ 7A-201 107., formerly § 7A-201A 104. and 105. , added by Ord. No. 99-7, effective December 3, 1999.]
108. “Use” - The specific purposes for which land or a Building is designated, arranged, intended, or for which it is or may be occupied or maintained.
109. “Variance” - A modification of the strict terms of the relevant regulations of this Ordinance where such modification will not be contrary to the general purposes and intent of the Ordinance or inconsistent with the Comprehensive Plan and where, owing to conditions unique to the property and not the result of the action of the applicant, a literal enforcement of this Ordinance would result in a practical difficulty.
[§ 7A-201 109 amended by Ord. No. 11-04, effective June 30, 2011.]
[§ 7A-201 109 amended by Ord. No. 11-04, effective June 30, 2011.]
110. “Veterinary Animal Hospital or Clinic” - A commercial facility or service kept or maintained for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals and those who are in need of medical or surgical attention, and may include patient grooming, accessory product sales and overnight accommodations on the Premises for treatment, observation and/or recuperation.
[§ 7A-201 110 amended by Ord. No. 23-01, effective May 4, 2023.]
111. “Vicinity Map” - A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
112. “Walkway” - A public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a Street or not.
112.A. “Wholesale Establishment” – An establishment providing storage, distribution, and sale of merchandise and bulk goods, including mail order and catalog sales, importing, wholesale, or retail sales of goods received by the establishment but generally not sale of goods for individual consumption.
[§ 7A-201 112A, added to Chapter 7A, by Ord. No. 22-11, effective January 12, 2023.]
113. “Yard” - An Open Space other than a court on a Lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance.
114. “Yard, Front” - A Yard across the full width of the Lot extending from the Front Lot Line of the Principal Building to the front of the Lot. On Corner Lots, the Front Yard shall face the shortest street dimension of the Lot, except that if the Lot is square or almost square, then the Front Yard may face either Street.
115. “Yard, Rear” - A Yard extending the full width of the Lot between a Principal Building and the Rear Lot Line or lines.
[§ 7A-201 115., amended by Ord. No. 89-1, effective July 21, 1989.]
116. “Yard, Side” - A Yard between the Principal Building and Side Lot Line, and extending from the Front Yard line to the Rear Yard line.
117. “Zoning” - The division of an area into Districts and the public regulation of the character and intensity of the use of the land and of the Buildings and Structures which may be located thereon, in accordance with a Comprehensive Plan.
118. “Zoning Administrator” - The person appointed by the City Council to facilitate and coordinate all proceedings arising under Chapters 7A and 7B of this City Code, to make zoning inspections, to recommend zoning enforcement actions to the City Council, to aid the Planning Commission with its responsibilities, and to make recommendations to the City Council for changes to this Code. The Zoning Administrator shall be an ex officio, nonvoting member of the Planning Commission.
[7A-201 117, formerly § 7A-201A 112., amended by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 07-02, effective March 1, 2007.]
119. “Zoning Ordinance” - A legal tool for accomplishing the objectives of the Comprehensive Land Use Plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land.
120. “Zoning Permit” - A document issued by the Zoning Administrator authorizing the use of Lots, Structures, uses of land and Buildings, and the characteristics of the uses.
[§ 7A-201 120., formerly § 7A-201A 114., amended by Ord. No. 89-1, effective July 21, 1989.]
[§ 7A-201, added by Ord. No. 89-1, effective July 21, 1989, amended by Ord. No. 07-02, March 1, 2007, amended by Ord. No. 11-04, effective June 30, 2011, amended by Ord. No. 12-03, effective May 17, 2012, amended by Ord. 13-01, effective January 31, 2013, amended by Ord. No. 15-03, effective November 5, 2015, amended by Ord. No. 16-12, effective December 22, 2016; amended by Ord. No. 22-11, effective January 12, 2023; amended by Ord. No. 23-05, effective August 31, 2023.]