A. Rules of Construction: The language set forth in the text of this Title shall be interpreted in accordance with the following rules of construction:
1. The word “shall” is mandatory and not discretionary; the word “may” is permissive.
2. The word “lot” shall mean a buildable and properly zoned lot, unless otherwise defined herein and shall include the words “piece”, “plot”, and “parcel”.
3. The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.
B. Definitions: The following words, terms, and phrases when used in this Title shall have the meaning ascribed to them in this Title except where the context clearly indicates a different meaning:
ABUTTING: Having a common border with or being separated from such a common border by a right-of-way, alley, or easement.
ACCESSORY APARTMENT: A separate dwelling unit contained within an existing single-family structure, to be occupied by another family as a separate, complete housekeeping unit, isolated from the original unit. The existence of separate cooking facilities shall distinguish an accessory apartment from the renting of rooms for lodging purposes.
ACCESSORY STRUCTURE: An uninhabited subordinate building or structure that is detached from the principal structure on the same lot, the use of which is subordinate to the principal use on the property.
ACCESSORY USE: A use incidental and subordinate to the principal use or building and located on the same lot. In no case shall such “accessory use” dominate in area, extent, or purpose of the principal lawful use or building.
ADULT USES: See Title 3, Chapter 14.
AGRICULTURAL BUILDING: A structure on agricultural land as defined in Minnesota Statutes Section 273.13, subdivision 23, designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products.
AGRICULTURAL SERVICE: An establishment primarily engaged in performing agricultural, animal husbandry or horticultural services of fee or contract basis including, but not limited to, agricultural produce and dairy processing, crop dusting, and grain cleaning.
AGRICULTURAL USE: The use of land for the growing and/or production of field crops, livestock, and livestock products, including but not limited to the following:
1. Field crops, including: barley, soybeans, alfalfa, corn, hay, oats, potatoes, rye, sorghum, and sunflowers.
2. Livestock, including: alpacas, dairy and beef cattle, deer, donkeys, goats, horses and ponies, llamas, mules, sheep, pigs, hogs, chickens, turkeys, ducks and other poultry, fish, mink, and game birds.
3. Livestock products, including: dairy, eggs, meat, and feathers.
4. Tree farms.
ANTENNA: Any structure or device used for the purpose of collecting or radiating electromagnetic waves.
AUAR or ALTERNATIVE URBAN AREAWIDE REVIEW: An alternative form of environmental review to determine impacts within a defined area as detailed in Minnesota Rules Part 4410.3610. The content and format of an AUAR is similar to that of an EAW, but provides for a level of analysis comparable to that of an EIS.
AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service.
AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger vehicles and trucks not in excess of seven thousand (7,000) pounds gross weight.
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.
BRICK: A unit of building material that is made of clay or shale and subjected to heat treatment at elevated temperatures through a firing process. Brick used as an exterior wall surface finish must meet all of the requirements for anchored veneer as proscribed by the Uniform Building Code.
BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattels. When such structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING, PRINCIPAL: A building in which the primary use of the lot on which the building is located is conducted.
BUILDING HEIGHT: The vertical distance from the average elevation of the adjoining ground level, or the established grade adjacent to the building, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, the uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof.
CATERING: An establishment that prepares food for off-site consumption.
CEMETERY: A parcel or tract of land used or intended to be used as the final resting place of the dead, including burial grounds, and mausoleums.
CITY COUNCIL: The City Council of the City of Cottage Grove, Minnesota.
CLUB OR LODGE: A nonprofit association of persons who are bona fide members, paying annual dues. The use of the premises is restricted to members and their guests. It shall be permissible to serve food and meals on such premises; provided, that adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed; provided, that such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals; and provided further, that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.
COLLOCATION: The location of two (2) or more antennas on a structure or structure.
COLUMBARIUM: A place such as a vault for the respectful and usually public storage of cremated human remains within cinerary urns. Columbaria are accessory to places of assembly for worship, cemeteries or mausoleums.
COMMERCIAL HORTICULTURE: The growing of fruits, vegetables, flowers or plants for sale.
COMMERCIAL RECREATION: Commercial use of a building or premises for sports or leisure activities and/or rentals.
COMMERCIAL VEHICLE, CLASS I: Vehicles including, but not limited to, the following: semitrailers, garbage trucks, tank trucks, dump trucks, flatbed trucks, cattle trucks, trucks carrying or designed to carry explosive or flammable materials, well drilling equipment, earthmoving equipment, school buses designed to carry sixty-six (66) or more persons or other large vehicles similar either by use or size, except the tractor portion of semitrucks.
COMMERCIAL VEHICLE, CLASS II: Commercial pickup trucks and vans, the tractor portion of semitrucks, tow trucks, recreational vehicles which are used for commercial purposes and other commercial vehicles not defined in “Class I”.
COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and water within a development site which is designated and intended for the use and enjoyment of the development’s residents.
COMMON PROPERTY: Any open space or structure including parks, nature areas, playgrounds, trails and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit.
COMMUNITY CENTER: A facility owned and operated by a governmental agency or a nonprofit community organization; provided, that the primary purpose of the facility is for recreation, social welfare, community improvement, or public assembly.
COMMUNITY DEVELOPMENT DIRECTOR: The officer or person charged with the administration and enforcement of this Title or designee.
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 City. The plan includes a 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.
COTTAGE FOOD OPERATION: An individual person who prepares, at the person’s residence, non-potentially hazardous food subject to requirements in Minnesota Statutes Section 28A.152.
DAYCARE CENTER (CHILD OR ADULT): Any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four (24) hour period.
DECK: A roofless platform, either freestanding or attached to a building, that is supported by pillars or posts.
DENSITY GROSS: The total number of dwelling units per gross acre of land.
DENSITY, NET: The total number of units divided by the total land area less major road rights-of-way (arterials and collectors) and less wetlands protected by the Wetland Conservation Act, provided that right of way (including major roads) shall not be deducted if dedicated to the City at no cost.
DENSITY TRANSFER: The relocation of housing units or square footage of building area computed on part of a building site to another part of the same site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the City Council.
DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.
DRIVE-THROUGH FACILITY: An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product while inside their motor vehicle.
DWELLING UNIT: A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels or the like. There are three (3) principal types:
1. Single-family detached: A free-standing residence structure designed for or occupied by one (1) family only.
2. Single-family attached: A residential building containing two (2) or more dwelling units with one (1) common wall.
a. Duplex: A residence designed for or occupied by two (2) families only, with separate entrances, housekeeping and cooking facilities for each.
b. Townhouse: A residential building containing two (2) or more dwelling units with at least one (1) common wall, each unit so oriented as to have all exits open to the outside.
c. Quadplex: A residential building containing four (4) dwelling units with one (1) common wall, each unit so oriented as to have all exits open to the outside.
3. Multiple-family: A residence designed for or occupied by three (3) or more families, either wholly (attached) or partially a part of a large structure (detached), with separate housekeeping and cooking facilities for each.
a. Apartment: A room or suite of rooms, available for rent which is occupied as a residence by a single family, or a group of individuals living together as a single-family unit.
b. Condominium: A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the land or other common property.
c. Cooperative: A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.
EASEMENT: The right of a person, entity, government agency, or public utility company to use public or private land owned by another for a specific purpose.
EAW or ENVIRONMENTAL ASSESSMENT WORKSHEET: A brief document designed to assess the environmental effects and set out the basic facts necessary to determine whether an EIS is required for a proposed project or to initiate the scoping process for an EIS.
EIS or ENVIRONMENTAL IMPACT STATEMENT: A detailed written statement as required by Minnesota Statutes Section 116D.04 used to evaluate proposed projects which have the potential for significant environmental effects.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain 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 or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.
EVENT CENTER (Includes convention, exhibit hall, banquet halls): An establishment which is rented by individuals or groups to host private social gatherings including, but not limited to, banquets, meetings, weddings, and other similar celebrations. Such a use may or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public; and 3) outdoor gardens, patios or outdoor gathering areas.
EXTERIOR STORAGE: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
FAMILY: An individual, or two (2) or more persons each related, living together as a single housekeeping unit; or a group of not more than four (4) persons not related, maintaining a common household.
FARM: A tract of land which is principally used for growing and harvesting crops and/or keeping common domestic farm animals which shall include those necessary buildings, related to operating the farm.
FARMERS’ MARKET: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.
FENCE: Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard.
FLOOD: A temporary rise 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 equaled or exceeded.
FLOOD FRINGE: That portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the flood insurance study for Washington County, Minnesota and incorporated areas.
FLOOD, REGIONAL: A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100) year recurrence interval.
FLOODPLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
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.
FLOODWATER: The water of any river, stream, drainage channel, low area lake or pond which is above and/or outside the channel or banks of such river, lake, stream, drainage channel or pond.
FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA: Is the sum of the gross horizontal areas of all floors of a building or portion thereof devoted to a particular use, however, the “floor area” shall not include floor area other than area devoted to retailing activities, the production or processing of goods, warehousing, and business or professional offices.
FRONTAGE: A boundary of a lot which abuts an existing or dedicated public street or private drive.
GARAGE, ACCESSORY: An accessory building or portion of a principal building having walls and a roof which is used for the storage of motor vehicles and other items owned by the occupants of the principal building.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.
GRADING: Changing the natural or existing topography of land.
HOTEL: A building having provision for nine (9) or more guests, in which lodging is provided with or without meals, for compensation, and which is open to transient guests, and where ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
HOSPITAL: A building designed and used for the medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses.
HOUSEHOLD PET: Animals that are customarily kept for personal use or enjoyment within the home. “Household pets” shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds, rabbits, or fish.
IMPERVIOUS SURFACE: Any material which prevents absorption of storm water into the soil.
INOPERABLE VEHICLE: Any vehicle which cannot be driven or propelled under its own power in its existing condition, or because its wrecked, junked, or partially dismantled condition, or which cannot be driven because necessary licenses or authorizations have not been obtained and displayed on the vehicle.
KENNEL: Any premises where four (4) or more dogs, cats or other customary household pets six (6) months or older at any one (1) time are kept or accepted for boarding, breeding, training or sale, except when located in a pet shop or veterinary clinic.
LIFT STATION: A facility, usually including pumping facilities, for the lifting of sewage or stormwater runoff to a higher sewage facility or stormwater runoff facility.
LOADING DOCK: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles, for the purpose of loading and unloading goods, wares, materials and merchandise.
LOT: A parcel of land of at least 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 may consist of:
1. A single lot of record.
2. A portion of a lot of record.
3. A combination of complete lots of record, complete lots of record and portions of lots of record, or of portions of lots of record.
4. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Title.
LOT AREA: The total site area within the lot lines.
LOT AREA PER UNIT: The number of square feet of lot area per dwelling unit.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continued street, the interior angle of which does not exceed one hundred thirty-five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE: The property line bounding a lot; except, that where any portion of a lot extends into the public right of way or a proposed public right of way, the nearest line of such public right of way shall be the lot line for applying this Title.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (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, connecting the side lot lines and parallel to the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: Part of a subdivision the plat of which has been recorded in the Office of the Registrar of Deeds or Registrar of Titles; or a parcel of land the deed to which was recorded in the Office of the Registrar of Deeds or Registrar of Titles, in accordance with subdivision regulations and zoning ordinances of the City in effect at the time of such conveyance.
LOT, THROUGH: A lot which has a pair of opposite lot lines abutting two (2) streets, and which is not a corner lot.
LOT, WIDTH: The maximum distance between the side lot lines of any lot measured parallel to front lot lines at the minimum front yard setback line.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor.
MANUFACTURED SINGLE-FAMILY DWELLING: A structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling for one (1) family, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. No manufactured dwelling shall be moved into the City that does not meet the manufactured home building code as defined in Minnesota Statutes Section 327.31.
MANUFACTURING: All manufacturing, compounding, processing, packaging, treatment or assembly of products and materials.
MARINA: Facilities which may include piers or systems of floating or fixed accessways providing moorings for watercraft and offering supply, repair and other facilities for such use.
MEDICAL USES: Those uses concerned with the diagnosis, treatment and care of human beings. These include hospitals, dental services, medical services or clinics.
METROPOLITAN URBAN SERVICE AREA (MUSA): The area where public utilities including sewer and water are available and is identified in the City’s Comprehensive Plan.
MONOPOLE TOWER: A tower constructed of tapered tubes that fit together symmetrically and are stacked one (1) section on top of another and bolted to a concrete foundation without support cables.
MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automobile accessories, and replacement items, washing and lubrication services; and the performance of minor automotive maintenance and repair.
NATURAL RATE OF ABSORPTION: The amount of stormwater absorbed in the soil during a storm of once in twenty (20) year occurrence.
NONCONFORMING STRUCTURE: Any structure which was permitted and existing prior to the effective date of this Title, which does not conform to the applicable regulations under the current provisions of this Title.
NONCONFORMING USE: Use of land, buildings or structures permitted and existing at the time of adoption of this Title, which do not comply with all the current regulations of this Title governing the zoning district in which such use is located.
NORMAL HIGH-WATER MARK: A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high-water mark is commonly that point where the natural landscape changes from predominantly aquatic to predominantly terrestrial.
NURSING HOME/ASSISTED LIVING FACILITY/LICENSED RESIDENTIAL CARE FACILITY: Any facility licensed by the Minnesota Department of Human Services, public or private, which for financial gain or otherwise regularly provides one (1) or more persons with twenty-four (24) hour-per-day care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment. Residential facilities may include, but are not limited to: state institutions under the control of the Commissioner of Human Services, foster homes, halfway houses, residential treatment centers, group homes, continuing care retirement facilities, residential programs or schools for handicapped children.
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, limit or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
OFF-STREET LOADING SPACE: A space accessible from a street, alley or driveway, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business.
OFFICES: A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.
OFFICIAL ZONING MAP: That certain map titled “official zoning map of Cottage Grove, Minnesota”, which map is properly approved and filed, hereinafter referred to as the “zoning map”.
OPEN SALES LOT: Land devoted to the display of goods for sale, rent, lease or trade, where such goods are not enclosed within a building.
OUTDOOR SEASONAL SALES: A short-term outdoor display and/or sale of seasonal products such as the following: Christmas trees, nursery products and horticulture products (fruits, vegetables, flowers, shrubs and the like).
PARKING GARAGE: A structure, building or portion thereof designed and utilized for the temporary storage of motor vehicles.
PARTY WALL: A wall which divides two (2) adjoining properties and in which each of the owners of the adjoining properties has rights of enjoyment.
PATIO: A level, surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade, without a permanent roof which is intended for outdoor lounging, dining and the like.
PLACES OF WORSHIP: A place of assembly where a non-profit religious body organized to sustain public worship owns or leases a building or portion thereof where people regularly assemble for religious worship. The service of food, meals and alcoholic beverages on such premises may be provided if secondary and incidental to the promotion of some other common objective of the organization and adequate dining room space and kitchen facilities for the purpose of serving food and meals are available.
PLEASURE CRAFT: A boat or yacht used primarily for recreational activity.
PRINCIPAL BUILDING: A building, or combination of buildings, which contains the primary use of the site.
PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted, interim, or conditional.
PROOF OF PARKING: A parking plan which demonstrates that the number, size, and location of parking spaces required by City Code Section 11-3-4 can be provided on the site in compliance with all required parking setbacks.
PUBLIC FACILITIES: Includes roads and sanitary sewer collection and treatment system and watermain infrastructure.
PUBLIC PARK: A recreation area owned or operated by the City, county, state or other governmental unit.
PUBLIC UTILITY: Transmission facilities of electric power, gas, water, telephone and railroad companies, including electric power transmission lines and gas pipelines; but not substations; telephone facilities, water pumping, reservoir and distribution facilities and railroad trackage; but not including storage and switching yards.
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 one hundred (100) year recurrence interval. REGIONAL FLOOD is synonymous with the term “base flood” used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be seven hundred feet (700') above mean sea level or at 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 floodplain that result from designation of a floodway, whichever is greater. It is the elevation to which uses regulated by this Title are required to be elevated or flood protected.
RESTAURANT: An establishment open to the public where food and or drink is prepared and offered to the public. To be considered a restaurant, at least fifty percent (50%) of the seating shall be available to the public during hours of operation.
RETAIL SHOPPING STORES: An establishment primarily engaged in the sale or rental of goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this code.
RETAINING WALL: A structure utilized to hold a slope in a position in which it would not naturally remain.
RIVERFRONT: Every lot or parcel of land which is immediately adjacent to the Mississippi River.
RIGHT-OF-WAY / ROAD: A public right of way, intended for vehicular traffic, including freeways, expressways, arterials, parkways, thoroughfares, collector streets, local streets, cul-de-sacs, access streets, avenues, boulevards, lanes, and other public ways, as now or hereafter designated.
SALE SHOWROOM: The display only of merchandise and equipment samples where a sales agreement with a consumer is conducted and delivery of purchased merchandise is made from an off-site warehouse. Merchandise or equipment which is displayed is typically large bulky items and includes, but is not limited to, furniture, appliances, plumbing fixtures, lighting, and carpeting.
SATELLITE RECEIVE ONLY ANTENNA (SROA): An accessory structure consisting of a device commonly parabolic in shape, mounted at a fixed point and capable of receiving, for the benefit of the principal use, television signals from a transmitter or a transmitter relay located in geostationary orbit, and serving the same or similar function as the common television antenna.
SCHOOL: A public or private institution for learning with a pre-school, kindergarten, elementary or secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils and staff meeting the standards established by the state.
SELF-STORAGE: A facility where rooms or lockers are rented to tenants, usually on a monthly basis, in which tenants can store and access their goods. The rented spaces are usually secured by the tenant’s own lock and key. Unlike in a warehouse, self-storage facility employees do not have casual access to the contents of the space.
SEPTIC TANK: Any device for the treatment and disposal of human waste which utilizes the percolation of the liquid portion of the waste into the soil, including all portions of such system which are not confined inside a building.
SETBACK: The required minimum horizontal distance between a building or any other specified development feature and a street right-of-way line or any other lot line, disregarding encroachments permitted by of this chapter.
SHELTER, FALLOUT OR BLAST: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fallout, blasts, air raids, storms or other emergencies.
SLOPE: The inclination of the natural surface of the land from the horizontal.
STREET: A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated.
STREET LINE: The land covered by a street or land dedicated for public use or for certain private use for vehicular traffic.
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, manufactured homes, recreational vehicles not meeting the exemption criteria specified in this Title, travel trailers/vehicles, signs and other similar items.
STRUCTURE, PRINCIPAL: A structure which determines the predominant use of the lot on which it is located.
SUBSTATION: Any utility structure other than lines, pipelines, holes or towers.
TEMPORARY FAMILY HEALTHCARE DWELLINGS: Transitional housing on a relative’s or caregiver’s property for those with mental or physical impairments and aging family members who need short term care.
TERRACE: A relatively level area bordered on one (1) or more sides by a retaining wall.
TOWER: A vertical structure that supports a wind turbine, antenna, transmission lines or other similar uses.
TRAINING AND TEACHING FACILITY: A public or private institution for post-secondary education or technical training including buildings, equipment, courses of study, class schedules, enrollment of pupils and staff.
USE: The purpose or activity for which land or a building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance standards of this Title.
USE, ACCESSORY: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, PRINCIPAL: The main use of land or buildings, as distinguished from subordinate or accessory uses. A “principal use” may be either permitted or conditional.
USE, TEMPORARY: A use established for a fixed period of time with the intent to discontinue the use upon a specified expiration date.
UTILITY FACILITY: A physical facility of an electric, telephone, telegraph, cable television, water, sewer, solid waste, gas or similar service operation.
VETERINARY CLINIC: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use.
WAREHOUSING AND DISTRIBUTION: The storage of materials or equipment within an enclosed building.
WATER BODY: Any lake, stream, pond, wetland or river.
WATER DEPENDENT USES: Uses which, in order to exist or function, require a location or use of the riverfront, including, but not limited to, barge loading and barge fleeting areas, marinas, industries which receive or ship goods or materials by water as an essential part of their operation, boat and barge construction, dismantling and repair, riverfront recreation, intakes and outfalls, and water monitoring and measuring facilities.
WETLAND: Any land which is seasonably wet or flooded, including all marshes, bogs, swamps and floodplains.
WHOLESALING: The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.
YARD: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Title. A yard shall extend along a lot line and at right angles to such lot line, to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right of way line to a depth required in the yard regulations for the district in which such lot is located.
YARD, REAR: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDE: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
ZONING ADMINISTRATOR: The Community Development Director shall be the Zoning Administrator. (Ord. 1068, 8-16-2023)