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For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and is reasonably necessary and incidental to the conduct of the primary or principle use of the building or main use.
AGRICULTURAL USES. Those uses commonly associated with the growing of product on farms. These include: field crop farming; pasture for hay; fruit growing; trees, plants, shrubs or flower nursery without building; truck gardening; roadside stand for sale of fruits, vegetables or plants in season; but not including, fur farms, animal feedlots, kennels or any raising of dairy cows, slaughter steer or heifers or swine of any size.
ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.
ALLEY. A public right-of-way which affords secondary access to abutting property.
ANIMAL FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals exceeding three animal units and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be ANIMAL FEEDLOTS. Pastures shall not be considered ANIMAL FEEDLOTS. For purposes of this definition, the following equivalents shall apply:
APARTMENT. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family. Includes buildings with two or more dwelling units and efficiency units.
BANQUET HALL. A facility for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public and/or general reception facilities. The facilities may be allowed as an accessory use to a restaurant, on-sale liquor establishment, hotel or similar use or as a principal use where permitted.
BASEMENT. A portion of a building located partly underground and with one-half or less of its floor to ceiling height below the average grade of the adjoining ground. In a floodplain, a BASEMENT is any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BED AND BREAKFAST HOME. A dwelling, other than a hotel or motel, where lodging and breakfast are provided to transient guests by a resident family for compensation.
BIG BOX. A retail establishment that contains more than 80,000 square feet of floor area.
BLUFF. A natural topographic feature such as a hill, cliff or embankment having the following characteristics:
(1) The slope rises at least 25 feet above the toe of the bluff;
(2) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 18% or greater; and
(3) An area with an average slope of less than 18% over a horizontal distance of 50 feet or more shall not be considered part of the BLUFF.
BLUFF, TOE OF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent or if there is disagreement in the breaking point, the TOE OF THE BLUFF shall be the lowest end of a 50-foot segment, measured horizontally, with an average slope of 18% or greater.
BLUFF, TOP OF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent or if there is disagreement in the breaking point, the TOP OF THE BLUFF shall be the highest end of a 50-foot segment, measured horizontally, with an average slope of 18% or greater.
BLUFF IMPACT ZONE. All land located between the toe and the top of the bluff and the land located within 30 feet measured horizontally beyond the highest point of the top of the bluff and 30 feet measured horizontally beyond the lowest point of the toe of the bluff.
BLUFFLINE. A line along the top and toe of a bluff delineating the limits of the bluff impact zone.
BOATHOUSE. A structure used solely for the storage of boats or boating equipment.
BUILDABLE AREAS. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure having a roof which may provide shelter or enclosure for any use or occupancy.
BUILDING HEIGHT. The vertical distance to be measured from the grade of a building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.
BUILDING SETBACK. The minimum horizontal distance between the furthest protruding part of the building and a lot line.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
CARPORT. A canopy constructed of metal or other materials supported by posts, either ornamental or solid, and completely open on one or more sides.
CLUB or LODGE. An association of persons who are bona fide members paying dues, use of premises being restricted to members and their guests.
COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public land and water use, transportation and community facilities including recommendations for plan execution, documented in texts, ordinances and maps which constitute the guide for the future development of the City or any portion of the City.
CONDITIONAL USE. A land use or development as defined by ordinance that would be inappropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that:
(1) Certain conditions as detailed in this chapter exist;
(2) The use or development conforms to the comprehensive land use plan of the City; and
(3) Is compatible with the existing neighborhood.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the state’s Condominium Law, M.S. §§ 515A.1-101 et seq.
CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
COOPERATIVE HOUSING. A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. Ch. 515B, as they may be amended from time to time. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
DAY CARE. The care of children outside of their own homes for a part of the 24-hour day by persons unrelated to them by blood or marriage. DAY CARE includes family day care, group family day care and care in group day care centers.
DEVELOPER. The owner of the property, or a person or entity authorized in writing by the owner of the property to file the applications for the PUD and who will become the owner of the property prior to any development of the property.
DOG KENNEL. A place where three or more dogs, over three months of age, are boarded, bred and/or offered for sale, except a veterinary clinic.
DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the auto manufactured occupants is the principal service offered.
DUPLEX. A structure containing only two dwelling units where one unit sits on top of the other unit.
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.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE. A building having accommodations for and occupied exclusively by more than two families.
DWELLING, TWO-FAMILY. A building used exclusively for occupancy by two families living independently of each other.
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. The erection, construction, alteration or maintenance of underground or overhead gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.
FAMILY. One or more persons each related to the other by blood, marriage, adoption or foster care, or a group of not more than three persons not so related maintaining a common household and using common cooking and kitchen facilities.
FARM. A tract of land which is principally used for agricultural purposes, all of which is owned and operated by a single family, farm corporation, individual or corporation.
FENCE. Any partition, structure, wall or gate erected within the required yard.
FINAL DEVELOPMENT PLAN. A final development plan based upon the preliminary development plan and presented by a PUD applicant.
FLOOD. A temporary increase in the flow or stage of a stream, or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for the City.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood.
FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction of elimination of flood damages.
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. The net usable floor area of the various floors.
GARAGE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicle of the family or families resident upon the premises.
HOME OCCUPATION. A lawful occupation carried on in the home when engaged in by person or persons residing in the dwelling. (See § 154.064 of this chapter.)
HOTEL. Any building occupied as the more or less temporary abiding place of individuals and containing 20 or more separately secured guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by 20 or more individuals for compensation whether compensation be paid directly or indirectly.
JUNK YARD. An area where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and used building materials.
LOT. A parcel, piece or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or registered land survey, for the purpose of sale or lease or separate use thereof.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of 10-23-1969, or approved by the City as a lot subsequent to the date, and which is occupied by or intended for occupancy by one principal building or principal use together with any necessary buildings and such open spaces as required by this chapter and having its principal frontage upon a street.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Both sides of the lot fronting roads are subject to front yard setbacks.
LOT DEPTH. The mean horizontal distance between the front line and the rear lot line.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated 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 in length or of the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT SUBSTANDARD. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area structure setbacks or other dimensional standards of this chapter.
LOT, THROUGH. Any lot other than a corner lot which abuts more than one street.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot at the setback line.
MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, and when erected on site is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that, the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Minnesota Secretary of State and complies with the statutory standards established by M.S. § 327.31, subd. 3, as it may be amended from time to time.
MANUFACTURED HOME PARK. Any contiguous site, lot, field or tract of land upon which two or more manufactured homes are located and includes commonly owned property and any building, structure, vehicle or enclosure intended for use as a part of the equipment of the MANUFACTURED HOME PARK.
MANUFACTURED HOME STAND. The part of an individual manufactured home lot which has been reserved for placement of the manufactured home, appurtenant structures or additions.
MINING. All or any part of the process involved in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits thereby exposed.
NON-CONFORMING USE. A use, structure or parcel of land lawfully in existence, recorded or authorized before the effective date of this chapter and not conforming to the regulations for the district in which it is situated.
NURSING HOME. A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent or physically disabled persons who are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.
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 floodplain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
OFF-STREET LOADING SPACE. A space accessible from a street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. The space shall be of a size as to accommodate one truck of the type typically used in the particular business.
ORDINARY 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 ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ORDINARY HIGH WATER MARK is not evident, setbacks shall be measured from the stream bank of the following bodies that have permanent flow or open water: the main channel; adjoining side channels; backwaters; and sloughs.
OUTSIDE STORAGE. The keeping, in an unenclosed area (outside a building), of any goods, junk material, merchandise or vehicles in the same place for more than 24 hours.
PARKING SPACE. An area enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one auto manufactured which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an auto manufactured.
PERMITTED USE. A use which may be lawfully established a particular district or districts; provided, it conforms with all requirements, regulations and performance standards of the districts.
PLANNED UNIT DEVELOPMENT (PUD). A zoning district containing a large lot or tract of land developed as a unit rather than as individual development wherein two or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT. The agreement to be entered into between the developer and the City to incorporate all terms, requirements and conditions of the PUD approval.
PLANNING COMMISSION. The Planning Commission of the City.
PRELIMINARY DEVELOPMENT PLAN. A formal development plan in preliminary form presented by a PUD applicant.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses.
PROPERTY. When used in § 154.099 of this chapter, all land included within a PUD.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATION PUBLIC. Includes all uses such as tennis courts, ball fields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites owned and operated by a unit of government for the purpose of providing recreation.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain that result from designation of a floodway. It is the elevation to which uses regulated by this chapter are required to be elevated or flood-proofed.
RELIGIOUS INSTITUTION. A place, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.
SELF-STORAGE FACILITY. A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of residential or commercial customers goods and wares. The facilities do not include sales, service or storage of hazardous materials.
SETBACK. The minimum horizontal distance between a building and street right-of-way or property line. Distances are to be measured perpendicularly from the property line to the most outerly extended portion of the structure at ground level.
SKETCH PLAN. An informal development plan presented by a PUD applicant.
SOLAR ENERGY. Radiant energy (direct, diffuse or reflected) received from the sun.
SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes, including heating and cooling buildings or other energy using processes, or to produce generated power by means of any combination of collecting, transferring or converting solar generated energy.
SOLAR ENERGY SYSTEM, ARCHITECTURALLY INTEGRATED. A solar energy system or component thereof that is an integral part of a building, rather than a separate mechanical device, replacing or substituting for an architectural component of the building including but not limited to systems that are contained within roofing materials, windows, and skylights.
SOLAR ENERGY SYSTEM, PRINCIPAL. Solar energy systems designed to supply energy for off-site uses on the distribution grid, consistent with M.S. 216B.1641 as may be amended, or any ground-mount solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market. This definition includes solar farms and community solar gardens.
SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.
SOLAR GARDEN, COMMUNITY. A solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system, consistent with M.S. 216B.1641 or successor statute.
SOLAR LOT. A lot that has its designated north/south lot lines lie within 15 degrees east or west of the axis and the lot frontages shall face an east/west directed street (varying up to 20 degrees).
STEEP SLOPE. Land having average slopes over 12%, as measured over a horizontal distance of 50 feet, that are not bluffs.
STREET. A public right-of-way which affords a primary means of access to abutting property and shall also include avenue, highway, road or way.
STORY. The portion of a building included between the surface of any flood and the surface of the floor next above. A basement shall be counted as a STORY.
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, travel trailers/vehicles not meeting the exemption criteria specified in § 154.092 of this chapter and other similar items.
SUBDIVISION. The division of a parcel of land into two or more lots, blocks and/or sites, with or without streets or highways and includes resubdivision.
TOE OF THE BLUFF. See BLUFF, TOE OF.
TOP OF THE BLUFF. See BLUFF, TOP OF.
TOWNHOUSE. One of three or more dwelling units that are physically attached on two sides (not the back side), have separate entrances and have no other dwelling unit above.
TWIN HOME. A two-family dwelling with a common wall between the two dwelling units.
USE. The purpose of activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
VARIANCE. The procedure established to consider a modification or variation from the requirements of this chapter including restrictions on non-conformities.
YARD. An open space on a lot, which is occupied, and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. The YARD shall extend along a lot line and at right angles to the lot line to a depth or width specified in yard regulations for the district in which the lot is located.
YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
ZONING DISTRICT. An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing the use are uniform.
ZONING MAPS. The maps or map incorporated into this chapter as part thereof and as amended, designating the zoning district.
(Ord. passed 3-20-2002, § 2; Ord. 2018-03, passed 9-10-2018, § 1, 2)