Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable application. For the purpose of this ordinance, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.
1. Accessory Structure or Facility. “Accessory structure” or “Facility” means any building or improvement on the same lot and subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.
2. Accessory Use. “Accessory Use” means a use on the same lot and subordinate to the principal use.
3. Animal Feedlot. “Animal feedlot” A facility as defined by Minnesota Rules, part 7020.0300.
4. Bluff. “Bluff” means a topographic feature such as a hill, cliff, or embankment, exclusive of any area with an average slope of less than 18 percent over a distance for 50 feet or more, which has the following characteristics:
A. Park or all of the feature is located in a shoreland area;
B. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and
D. The slope must drain toward the waterbody.
5. Bluff Impact Zone. “Bluff impact zone” means a bluff and land located within 20 feet from the top of a bluff.
6. Boathouse. “Boathouse” A facility as defined by Minnesota Statutes, Section 103G.245.
7. Buffer.
Vegetative features as defined by Minnesota Statutes, Section 103f.48.
8. Building Line. “Building line” means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
9. Commercial Planned Unit Development. “Commercial planned unit development” means a type of development characterized by a unified site design, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, and a mix of structure types and land uses. These developments may be commercial enterprises, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
10. Commercial Use. “Commercial use” means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods and services.
11. Commissioner.
The commissioner of the Department of Natural Resources.
12. Conditional Use. “Conditional use” means a special use permitted within a District other than a principally permitted use, requiring a Conditional Use Permit and approval of the City Council.
13. Deck. “Deck” means 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 above ground.
14. Duplex, Triplex, and Quad. “Duplex,” triplex,” and “quad” means a dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
15. Dwelling Site. “Dwelling site” means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
16. Dwelling Unit. “Dwelling unit” means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.
17. Extractive Use. “Extractive use” means 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, sections 93.44 to 93.51.
18. Forestland Conversion.
The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
19. Hardship. “Hardship” means the same as the definition contained in Minnesota Statutes, Chapter 462.
20. Height of Building. “Height of building” means 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 caves and ridges for gable, hip and gambrel roofs.
21. Impervious Surface. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops, decks, sidewalks, patios, swimming pools, parking lots, concrete, asphalt, gravel driveways, or permeable pavers, and other similar surfaces.
22. Industrial Use. “Industrial use” means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
23. Intensive Vegetation Clearing. “Intensive vegetation clearing” means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
24. Lawn Area. “Lawn area” means that portion of a lot required for the proper location and construction of a soil treatment system.
25. Lot. “Lot” means 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.
26. Lot Width. “Lot width” means the shortest distance between lot lines measured at the midpoint of the building line.
27. Nonconformity. “Nonconformity” means 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.
28. Ordinary High Water Level. “Ordinary high water level” means 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.
29. Planned Unit Development. “Planned unit development” means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.
30. Public Waters. “Public waters” means any waters as defined in Minnesota Statutes, section 103G.005, subdivision 15, 15a.
31. Residential Planned Unit Development. “Residential planned unit development” means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites, and usually involving clustering of these units or sites to provide areas of common open space, density increases for exclusive residential uses.
32. Semipublic Use. “Semipublic use” means 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.
33. Sensitive Resource Management. “Sensitive resource management” means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
34. Setback. “Setback” means 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.
35. Sewage Treatment System. “Sewage treatment system” has the meaning given under Minnesota Rules, part 7080.1100, Subd. 82.
36. Sewer System. “Sewer system” means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conveying municipal sewage or industrial waste or other wastes to a point of ultimate disposal.
37. Shore Impact Zone. “Shore impact zone” means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.
38. Shoreland. “Shoreland” means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated on a river or stream, whichever is greater.
39. Significant Historic Site. “Significant historic site” means 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 provision of Minnesota Statues, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it has been 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.
40. Steep Slope. “Steep slope” Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.
41. Structure. “Structure” means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.
42. Subdivision. “Subdivision” means land that is divided for the purpose of sale, rent, or lease, including planned unit developments.
43. Suitability analysis. An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding, existence of wetlands, soils, erosion potential, slope steepness, water supply, sewage treatment capabilities, water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation, fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.
44. Surface Water-Oriented Commercial Use. “Surface water-oriented commercial use” means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business (e.g., marinas, resorts, and restaurants with transient docking facilities).
45. Toe of The Bluff. “Toe of the bluff” means the lower point of a 50-foot segment with an average slope exceeding 18 percent.
46. Top of The Bluff. “Top of the bluff” means the higher point of a 50-foot segment with an average slope exceeding 18 percent.
47. Variance.
“Variance” means the same as that defined in Minnesota Statutes section 462.357 Subd. 6 (2).
48. Water-Oriented Accessory Structure or Facility. “Water-oriented accessory structure or facility” means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to the public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structure.
49. Wetland. “Wetland” means a surface water feature classified as a wetland in Minnesota Statutes and Minnesota Rules.
[Amended by Ord. No. 22-02, effective August 23, 2023.]