For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDINGORUSE. 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 principal use of such building or main use.
ADDRESS SIGN. A sign communicating street address only, whether written or in numerical form.
ADVERTISING SIGNS. A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods, and/or services which are not exclusively related to the premises on which the sign is located.
AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include, but are not limited to: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without buildings.
ALLEY. A public right-of-way which affords secondary access to abutting property.
ALTERATION. As applied to a building or structure, is a change or rearrangement in exterior structural parts, or enlargement or the moving from one location to another.
APARTMENT. A part of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence for one family or an individual and equipped with cooking facilities.
APARTMENT BUILDING. Three or more suites of rooms, which are each designed for, intended for, or occupied as a residence by a single family or an individual, and are each equipped with cooking facilities (includes dwelling units and efficiency units).
APPLICANT. Any person who wishes to obtain a site permit, zoning, or subdivision approval.
AUTOMOBILE REPAIR. General repair, rebuilding, or reconditioning engines, motor vehicles, or trailers; collision service, including, but not limited to, body, frame, or fender straightening or repair; and painting and vehicle steam cleaning.
AUTOMOBILE WRECKING OR JUNK YARD. Any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles, or merchandise.
BASEMENT. 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. A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging or lodging and meals are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten people.
BILLBOARD. See ADVERTISING SIGN.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the average ground level to the top of a flat roof, to the highest gable on a pitched or hip roof, to the deckline of a mansard roof, to the uppermost point on other roof types.
BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.
BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold or where services are offered for compensation.
BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including, but not limited to, entertainment, offered, or sold upon the premises where such sign is located.
CAMPGROUND. An area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.
CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLEAR-CUTTING. The removal of an entire stand of vegetation.
CLINIC. A place for the care, diagnosis and treatment of sick, ailing, or injured individuals.
CLUB or LODGE. A nonprofit association of persons who are members paying annual dues, use of premises being restricted to members and their guests.
COMMERCIAL AGRICULTURAL. The use of land for the production of livestock, and livestock products, fur farms, commercial animal feed lots, and kennels.
COMMERCIAL RECREATION. Bowling alleys, cart tracks, jump centers, golf, pool halls, vehicle racing or amusement, dance halls, skating, taverns, theatres, boat rentals, amusement rides, campgrounds, and similar uses.
COMMERCIAL USES. All permitted and accessory uses allowed in commercial zoning districts.
CONDITIONAL USE. A use, which because of special problems of control the use permits, requires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Comprehensive Plan.
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 Minnesota Condominium Law, M.S. §§ 515.01 to 515.29, as they may be amended from time to time.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
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. 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.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front.
DAY CARE GROUP NURSERY. A service provided to the public, in which children of school or preschool age are cared for during established business hours.
DAY CARE HOME. A family dwelling in which supervision and/or training for children is provided during part of a day with no overnight accommodations and where children are delivered and removed daily.
DETENTION FACILITY. A permanent natural or human-made structure, including wetlands, for the temporary storage of stormwater runoff which contains a permanent pool of water.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
DOG KENNEL. Any place where three dogs or more over six months of age are boarded, bred, and/or offered for sale, except a veterinary clinic. DOG KENNELS shall be permitted only in areas specifically zoned for such use.
DREDGING. To enlarge or clean out a waterbody, watercourse, or wetland.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which products purchased from the establishment may be consumed.
DWELLING, MULTIPLE (APARTMENTS). A building designated with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but having hallways and main entrances and exits.
DWELLING, SINGLE-FAMILY. A detached dwelling unit designed for occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels nursing homes, seasonal cabins, bed and breakfasts, tourist homes, or trailers.
EASEMENT. A grant by a property owner for the use of a strip of land which includes, but is not limited to, the constructing and maintaining of utilities, including, but not limited to, sanitary sewer, water mains, electric lines, telephone line, cable television, storm sewer or storm drainageway, and gas lines.
EAVE HEIGHT. A distance to be measured from the average ground level to the lowest point of the building eave line.
EFFICIENCY APARTMENT. A dwelling unit, consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply, or disposal systems including, but not limited to, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith, but not including buildings.
FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, or club lodge, as herein described.
FARM. A tract of land, that is principally used for commercial agriculture.
FARM DWELLING. A single-family dwelling located on a farm which is used or intended for use by the farm’s owner, a relative of the owner, or a person employed thereon.
FEEDLOT. A lot or building, or combination of contiguous 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 a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, and domesticated animal zoos shall be considered to be animal FEEDLOTS. Pastures shall not be considered animal FEEDLOTS under these parts.
FENCE. A barrier forming a boundary to or enclosing some area.
FLOOR AREA. The sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls.
FORESTRY. The management, including logging, of a forest, woodland, or plantation, and related research and educational activities, including, but not limited to, the construction, alteration, or maintenance of wood roads, skid roads, landing, and fences.
FOUNDATION. Constructed of masonry, concrete, or treated wood. Treated wood of not less than .60 “below grade” standards. All footings supporting the foundation shall be placed at a minimum depth of three and one-half feet below finished grade. This definition shall not apply to a building constructed on a reinforced concrete slab if such slab forms the ground floor of the building.
GARAGE. An accessory building or accessory portion of the principal building intended for and used to store the private passenger vehicles of the family or families residing upon the premises.
GOVERNMENTAL SIGN. A sign which is erected by a governmental unit, for the purpose of identification and directing or guiding of traffic.
GRADING. Changing the natural or existing topography of land.
GUESTROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking.
HOME OCCUPATION. Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.
HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IDENTIFICATION SIGNS. Signs located in a residential district which identify a subdivision, apartment complex, or similar identifications and set forth the address of the premises where the sign is located.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
INDUSTRIAL USE. A permitted or accessory use allowed in the Industrial I District.
JUNK OR SALVAGE YARD. Land or building where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products, and products from wrecking of automobiles and other vehicles.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating filling, grading, and the construction of any structure.
LODGING HOUSE. A building other than a hotel, where for compensation for definite periods, lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.
LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one LODGING ROOM.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation.
LOT AREA. The area of a horizontal plane within 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 single street, the interior angle of which is 135 degrees or less.
LOT COVERAGE. The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.
LOT, FRONTAGE. The front of a lot shall, for purposes of complying with this chapter, be that boundary having the least width, abutting a public right-of-way.
LOT, LINE. A property boundary line of any lot held in single or separated ownership, except that where any portion of a lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage on a street or proposed street approved by the Council.
LOT, THROUGH. A lot fronting on two parallel streets.
LOT, WIDTH. The shortest horizontal distance between the side lot lines measured at right angles at the building line.
MANUFACTURED HOME. A structure transportable in one or more sections, used as a dwelling for one family, with or without a permanent foundation, when connected to the required utilities, which includes 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, M.S. § 327.31, as it may be amended from time to time.
MANUFACTURED HOME PARK. Any site, lot, or tract of land under single ownership designed, maintained, or intended for the placement of two or more occupied manufactured homes. This also includes any buildings or structures appurtenant to the park.
MANUFACTURING , HEAVY. The manufacture, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.
MANUFACTURING, LIGHT.All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided, such use will not generate offensive odors, glare, smoke, dust, noise, vibration, or other objectionable influences that significantly extend beyond the lot on which the use is located.
MINING OPERATION. The removal from the land of stone, sand and/or gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material for commercial, industrial, or governmental purposes.
MOBILE HOME. A dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers and arriving at the site ready for occupancy except for incidental assembly, location on foundation, connection to utilities, and the like.
MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made permanently affixing the module to the site.
MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants, and grease for operation of vehicles are stored or sold to the public. This also includes accessories and services for automobiles.
NAME PLATE. A sign indicating the name and/or address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration collect, store, and channel surface water runoff.
NATURAL OBSTRUCTION. Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a waterbody, watercourse, or wetland by a non-human cause.
NONCONFORMING BUILDING. A building or portion thereof existing at the time of adoption of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be permitted under a conditional use permit where located.
NONCONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.
NONCONFORMING USE OF STRUCTURE. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.
NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent, or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions.
OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.
ON-PREMISES SIGNS. A sign located on the premises or property of an individual, business, or organization, identifying the products or services provided on the premises, or the name of the individual, business, or organization operating on the premises.
OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to and utilizing the character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreational areas.
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. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank.
PARKING SPACE. An area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress for an automobile.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts.
PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
PLANNING COMMISSION. The Planning Commission of Eden Valley.
PLANNED UNIT DEVELOPMENT. 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.
PORTABLE SIGN. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses.
PUBLIC USE. Uses owned or operated by a municipality, school district, county, state, or other governmental unit.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, water, sewer, and storm sewer.
PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined in M.S. Ch. 103F, as it may be amended from time to time, however, no lake, pond, or floodage of less than ten acres in size and no river or stream having a total drainage area less than two square miles. Such public water shall be determined by the Minnesota Department of Natural Resources. Any body of water created by a private user where there was no previous shoreland for a designated private use as approved by the Commission of the Minnesota Department of Natural Resources is not included as a PUBLIC WATER.
RECREATIONAL FIELD ORBUILDING. An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a RECREATION FIELDOR BUILDING for the purpose of this chapter.
RECREATIONAL VEHICLE. A vehicular portable structure used for amusement, vacation, or recreational activities, including, but not limited to, travel trailers, motor homes, camping trailers, and boats.
RESTAURANT. An establishment which serves food to be consumed primarily while seated at tables or booths within the building.
RETENTION FACILITY. A permanent natural or human-made structure that provides for the storage of stormwater runoff by means of a permanent pool of water.
SCREENING. The use of plant materials, fences, or earthen berms to partially conceal the separate land use from the surrounding land use.
SELECTIVE CUTTING. The removal of single scattered trees.
SEDIMENT. Solid matter carried by water, sewage, or other liquids.
SETBACK. The minimum horizontal distance between a structure and the ordinary high water mark or between a structure and a road or highway right-of-way line, public right-of-way, or property line.
SEWAGE DISPOSAL SYSTEM. Any system for the collection, treatment, and dispersions of sewage, including, but not limited to, septic tanks, soil absorption systems, and drain fields.
SIGN. The use of any words, numerals, figures, devices, or trademarks by which anything is made known, such as are used to show an individual, firm, profession, or business and are visible to the general public.
SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent or degrees.
STORY. The portion of a building included above and between the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STORY, HALF. The portion of a building under a gable, hip, or gambrel roof, the wall plate of which, on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET. A platted public thoroughfare affording for current or future means of access to abutting property.
STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and a corner lot has two STREET FRONTAGES.
STRUCTURE. Anything which is built, constructed, or erected. An edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
SUBSTANDARD USE. Any use existing prior to the date of this chapter which is permitted within the applicable zoning district, but does not meet the minimum lot area, frontage, setbacks, or other dimensional standards of this chapter.
TARP/POLYVINYL STRUCTURES. Buildings covered primarily with canvas, plastic, or other similar nonpermanent building materials. This shall not include temporary structures used solely as greenhouses.
TEMPORARY SIGN. Any sign which is erected or displayed for a specified period of time.
TOWNHOUSES. Structures housing two or more dwelling units of not more than two stories each and contiguous to each other only by sharing one common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight dwelling units, and each dwelling unit shall have separate and individual front and rear entrances.
USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized, or maintained and shall include the performance of such activity as defined by the performance standards of this chapter.
USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot with a building.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, and the like.
VARIANCE. The waiving action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
VEGETATION. The sum total of plant life in some area or a plant community with distinguishable characteristics.
WATERBODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams, or creeks and may flow year around or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WETLANDS.
(1) Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.
(2) For the purposes of this definition, WETLANDS must have the following three attributes:
(a) Have a predominance of hydric soils;
(b) Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(c) Under normal circumstances support a prevalence of such vegetation.
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT. A yard extending across the front of the lot between 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 ADMINISTRATOR. The person appointed by the City Council to enforce this chapter.
ZONING MAP. The maps or map incorporated into this chapter as part thereof, as amended, designating the zoning districts.
(Prior Code, § 502.000) (Ord. passed 10-8-2003; Ord. 2020-002, passed 8-5-2020)